FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle East Peace Compliance Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On September 9, 1993, Palestinian Liberation Organization (PLO) Chairman Yasser Arafat made the following commitments in an exchange of letters with Prime Minister of Israel Yitzhak Rabin: (A) ``The PLO recognizes the right of the State of Israel to exist in peace and security.''. (B) ``The PLO accepts United Nations Security Council Resolutions 242 and 338'' pertaining to the cessation of hostilities and the establishment of a just and lasting peace in the Middle East. (C) ``The PLO commits itself to the Middle East peace process, and to a peaceful resolution of the conflict between the two sides and declares that all outstanding issues relating to permanent status will be resolved through negotiations.''. (D) ``The PLO considers that the signing of the Declaration of Principles constitutes a historic event, inaugurating a new epoch of peaceful coexistence, free from violence and all other acts which endanger peace and stability. Accordingly, the PLO renounces the use of terrorism and other acts of violence and will assume responsibility over all PLO elements and personnel in order to assure their compliance, prevent violence and discipline violators.''. (E) ``In view of the promise of a new era and the signing of the Declaration of Principles and based on Palestinian acceptance of Security Council Resolutions 242 and 338, the PLO affirms that those articles of the Palestinian Covenant which deny Israel's right to exist, and the provisions of the Covenant which are inconsistent with the commitments of this letter are now inoperative and no longer valid.''. (2) The Palestinian Authority, the governing body of autonomous Palestinian territories, was created as a result of the agreements between the PLO and the State of Israel that are a direct outgrowth of the September 9, 1993, commitments. (3) The United States Congress has provided authorities to the President to suspend certain statutory restrictions relating to the PLO, subject to Presidential certification that the PLO has continued to abide by commitments made. SEC. 3. REPORTS. (a) In General.--The President shall, at the times specified in subsection (b), transmit to Congress a report-- (1) detailing and assessing the steps that the PLO or the Palestinian Authority, as appropriate, has taken to substantially comply with its 1993 commitments, as specified in section 2(1) of this Act; (2) a description of the steps taken by the PLO or the Palestinian Authority, as appropriate, to investigate and prosecute those responsible for violence against American and Israeli citizens; (3) making a determination as to whether the PLO or the Palestinian Authority, as appropriate, has substantially complied with such commitments during the period since the submission of the preceding report, or, in the case of the initial report, during the preceding 6-month period; and (4) detailing progress made in determining the designation of the PLO, or one or more of its constituent groups (including Fatah and Tanzim) or groups operating as arms of the Palestinian Authority (including Force 17) as a foreign terrorist organization, in accordance with section 219(a) of the Immigration and Nationality Act. (b) Transmission.--The initial report required under subsection (a) shall be transmitted not later than 30 days after the date of enactment of this Act. Each subsequent report shall be submitted on the date on which the President is next required to submit a report under the PLO Commitments Compliance Act of 1989 (title VIII of Public Law 101-246) and may be combined with such report. SEC. 4. IMPOSITION OF SANCTIONS. (a) In General.--If, in any report transmitted pursuant to section 3, the President determines that the PLO or Palestinian Authority, as appropriate, has not substantially complied with the commitments specified in section 2(1), the following sanctions shall apply: (1) Suspension of assistance.--The President shall suspend all United States assistance to the West Bank and Gaza except for humanitarian assistance. (2) Additional sanction or sanctions.--The President shall impose one or more of the following sanctions: (A) Denial of visas to plo and palestinian authority figures.--The President shall prohibit the Secretary of State from issuance of any visa for any member of the PLO or any official of the Palestinian Authority. (B) Downgrade in status of plo office in the united states.--Notwithstanding any other provision of law, the President shall withdraw or terminate any waiver by the President of the requirements of section 1003 of the Foreign Relations Authorization Act of 1988 and 1989 (22 U.S.C. 5202) (prohibiting the establishment or maintenance of a Palestinian information office in the United States), and such section shall apply so as to prohibit the operation of a PLO or Palestinian Authority office in the United States from carrying out any function other than those functions carried out by the Palestinian information office in existence prior to the Oslo Accord. (b) Duration of Sanctions.--The period of time referred to in subsection (a) is the period of time commencing on the date that the report pursuant to section 3 was transmitted and ending on the later of-- (1) the date that is 6 months after such date; (2) the date that the next report under section 3 is required to be transmitted; or (3) the date, if any, on which the President determines and informs Congress that the conditions that were the basis for imposing the sanctions are no longer valid. (c) Waiver Authority.--The President may waive any or all of the sanctions imposed under this Act if the President determines that such a waiver is in the national security interest of the United States, and reports such a determination to the appropriate committees of Congress. SEC. 5. EFFECTIVE DATE; TERMINATION DATE. (a) Effective Date.--This Act shall take effect on the date of enactment of this Act. (b) Termination Date.--This Act shall cease to be effective 5 years after the date of enactment of this Act.

Middle East Peace Compliance Act of 2001 - Imposes specified sanctions with respect to the Palestine Liberation Organization (PLO) or the Palestinian Authority if the President determines that such entities have not substantially complied with certain commitments made with Israel. Authorizes the President to waive such sanctions in the U.S. national security interest.

A bill to impose sanctions against the PLO or the Palestinian Authority if the President determines that those entities have failed to substantially comply with commitments made to the State of Israel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teach For America Act of 2007''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to increase the number of highly accomplished recent graduates of 4-year institutions of higher education teaching in underserved urban and rural communities in the United States; (2) to increase the number of school districts and communities served by a nationally recruited corps of outstanding new teachers; and (3) to build a broader pipeline of talented and experienced future leaders in public education and education reform. SEC. 3. DEFINITIONS. In this Act: (1) In general.--The terms ``highly qualified'', ``local educational agency'', and ``Secretary'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Grantee.--The term ``grantee'' means Teach For America, Inc. (3) High-need.--The term ``high-need'', when used with respect to a local educational agency, means a local educational agency that serves a substantial percentage of students who are eligible for free or reduced price meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 4. GRANT PROGRAM AUTHORIZED. The Secretary is authorized to award a grant to Teach For America, Inc., the national corps of outstanding recent graduates of 4-year institutions of higher education who commit to teach for 2 years in underserved communities in the United States, to enable the grantee to implement and expand its program of recruiting, selecting, training, and supporting new teachers. SEC. 5. GRANT REQUIREMENTS. In carrying out the grant program under this Act, the Secretary shall enter into an agreement with the grantee under which the grantee agrees to use the grant funds-- (1) to provide highly qualified teachers to high-need local educational agencies in urban and rural communities; (2) to pay the cost of recruiting, selecting, training, and supporting new teachers; and (3) to serve a substantial percentage of students who are eligible for free or reduced price meals under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). SEC. 6. AUTHORIZED ACTIVITIES. Grant funds provided under this Act shall be used by the grantee to carry out each of the following activities: (1) Recruiting and selecting teachers through a highly selective national process. (2) Providing preservice training to selected teachers through a rigorous summer institute that includes hands-on teaching experience and significant exposure to education coursework and theory. (3) Placing selected teachers in schools and positions in high-need local educational agencies. (4) Providing ongoing professional development activities for the selected teachers in the classroom, including regular classroom observations and feedback, and ongoing training and support. SEC. 7. EVALUATION. (a) Annual Report.--The grantee shall provide to the Secretary an annual report that includes-- (1) data on the number and characteristics of the teachers provided to high-need local educational agencies through the grant under this part; (2) an externally conducted analysis of the satisfaction of local educational agencies and principals with the teachers so provided; and (3) comprehensive data on the background of the selected teachers, the training such teachers received, the placement sites of the teachers, the professional development of the teachers, and the retention of the teachers. (b) Study.--From amounts appropriated under section 8, the Secretary shall provide for a study comparing the academic achievement of students taught by the teachers selected, trained, and placed by the grantee under this Act with the academic achievement of students taught by other teachers in the same schools and positions. The Secretary shall provide for such a study not less than once every 3 years, and each such study shall include multiple local educational agencies. Each such study shall meet the peer-review standards of the education research community. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $15,000,000 for fiscal year 2008; (2) $18,000,000 for fiscal year 2009; (3) $20,000,000 for fiscal year 2010; and (4) such sums as may be necessary for each of the fiscal years 2011 and 2012.

Teach for America Act of 2007- Authorizes the Secretary of Education to award a grant to Teach For America, Inc. to implement and expand its program of recruiting, selecting, training, and supporting new teachers. Requires that grant funds be used to provide teachers to local educational agencies that serve a substantial percentage of students eligible for free or reduced price meals under the Richard B. Russell National School Lunch Act. Directs the Secretary of Education to provide for a study, at least once every three years, comparing the academic achievement of students taught by teachers assisted by this Act with the academic achievement of students taught by other teachers in the same schools and positions.

A bill to award a grant to enable Teach for America, Inc., to implement and expand its teaching program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Research, Monitoring, and Observing Act of 2012''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The United States is an Arctic Nation with-- (A) an approximately 700-mile border with the Arctic Ocean; (B) more than 100,000,000 acres of land above the Arctic Circle; and (C) an even broader area defined as Arctic by temperature, which includes the Bering Sea and Aleutian Islands. (2) The Arctic region of the United States is home to an indigenous population that has subsisted for millennia on the abundance in marine mammals, fish, and wildlife, many of which are unique to the region. (3) Temperatures in the United States Arctic region have warmed by 3 to 4 degrees Celsius over the past half-century, a rate of increase that is twice the global average. (4) The Arctic ice pack is rapidly diminishing and thinning, and the National Oceanic and Atmospheric Administration estimates the Arctic Ocean may be ice free during summer months in as few as 30 years. (5) Such changes to the Arctic region are having a significant impact on the indigenous people of the Arctic, their communities and ecosystems, as well as the marine mammals, fish, and wildlife upon which they depend. (6) Such changes are opening new portions of the United States Arctic continental shelf to possible development for offshore oil and gas, commercial fishing, marine shipping, and tourism. (7) Existing Federal research and science advisory programs focused on the environmental and socioeconomic impacts of a changing Arctic lack a cohesive, coordinated, and integrated approach and are not adequately coordinated with State, local, academic, and private-sector Arctic research programs. (8) The lack of research integration and synthesis of findings of Arctic research has impeded the progress of the United States and international community in understanding climate change impacts and feedback mechanisms in the Arctic Ocean. (9) An improved scientific understanding of the changing Arctic is critical to the development of appropriate and effective regional, national, and global climate change adaptation strategies. (b) Purpose.--The purpose of this Act is to establish a permanent program to conduct research, monitoring, and observation activities in the Arctic-- (1) to promote and sustain a productive and resilient marine, coastal, and estuarine ecosystem in the Arctic and the human uses of its natural resources through greater understanding of how the ecosystem works and monitoring and observation of its vital signs; and (2) to track and evaluate the effectiveness of natural resource management in the Arctic in order to facilitate improved performance and adaptive management. SEC. 3. ARCTIC RESEARCH COMMISSION. (a) Duties of the Arctic Research Commission.--Section 104(a) of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4103(a)) is amended-- (1) in paragraph (2), by striking ``assist in establishing'' and inserting ``establish''; (2) by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively; and (3) by inserting after paragraph (2) the following: ``(3) provide-- ``(A) grants to Federal, State, local, or tribal governments and academic and private organizations to conduct research on or related to the Arctic, including to the marine environment of the Arctic Ocean, its adjacent seas or associated lesser bodies of water; and ``(B) such grants on the basis of merit in accordance with such national Arctic research program plan;''. (b) Administration of the Commission.--Section 106 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4105) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting a semicolon and ``and''; and (3) by adding at the end the following: ``(6) enter into agreements with appropriate agencies or organizations to administer grants made pursuant to this title for Arctic research including reimbursement from funds of the Commission to administer such grants.''. (c) Compensation of Commission Members.--Section 103(d)(1) of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4102(d)(1)) is amended by striking ``for compensation'' in the second sentence and inserting ``by the Federal Government or any State or local government''. (d) Conflicts of Interest.-- (1) Arctic research commission.--Section 103 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4102) is amended by adding at the end the following: ``(e) The Commission shall adopt conflict of interest and recusal provisions that apply to any decision by the Commission and to all members of the Commission as if each member of the Commission is an `affected individual' within the meaning of section 302(j) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(j)), except that in addition to the disclosure requirements of paragraph (2) of such section 302(j), each Commission member shall disclose any financial interest or relationship in an organization or with an individual that is applying for funding from the Commission held by the Commission member, including an interest as an officer, director, trustee, partner, employee, contractor, agent, or other representative.''. (2) North pacific research board.--Subsection (e) of section 401 of the Department of the Interior and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d) is amended-- (A) in paragraph (4)(B), by striking ``15 percent'' and inserting ``20 percent''; and (B) by striking paragraph (5) and inserting the following: ``(5) The Board shall adopt conflict of interest and recusal provisions that apply to any decision by the Board and to all members of the Board as if each member of the Board is an `affected individual' within the meaning of section 302(j) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(j)), except that in addition to the disclosure requirements of paragraph (2) of such section 302(j), each Board member shall disclose any financial interest or relationship in an organization or with an individual that is applying for funding from the Board, including an interest as an officer, director, trustee, partner, employee, contractor, agent, or other representative.''. SEC. 4. ENVIRONMENTAL IMPROVEMENT AND RESTORATION FUND. (a) Transfer and Availability of Amounts Earned.--Subsection (c) of section 401 of the Department of the Interior and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d) is amended-- (1) in paragraph (1), by striking ``To the extent provided in the subsequent appropriations Acts, 80 percent of such amounts shall be made available'' and inserting ``40 percent of such amounts shall be made available without further appropriations''; (2) in paragraph (2), by striking ``20 percent'' and inserting ``25 percent''; and (3) by adding at the end the following: ``(3) 25 percent of such amounts shall be made without further appropriation to the United States Arctic Research Commission for the purposes of carrying out research and monitoring in the Arctic as provided in subsection (f). ``(4) 10 percent of such amounts shall be made available without further appropriations to the Secretary of Commerce to fund the Alaska Ocean Observing Program as provided in subsection (g).''. (b) Use of Funds.--Section 401 of the Department of the Interior and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d) is amended by adding at the end the following: ``(f) United States Arctic Research Commission.--Funds available under subsection (c)(3) shall be used by the Arctic Research Commission established by section 103 of the Arctic Research and Policy Act of 1984 to provide grants to Federal and State governments and academic and private organizations to conduct research and monitoring, including the identification of Important Ecological Areas, on or related to the Arctic, including the marine environment of the Arctic Ocean, its adjacent seas or associated lesser bodies of water. Not more than 20 percent of such funds may be used to provide support for the Arctic Research Commission and administer grants under this subsection.''. ``(g) Alaska Ocean Observing System.--Funds available under subsection (c)(4) shall be used to support the Alaska Ocean Observing System in a manner consistent with the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.), for the purpose of establishing long-term ocean observing systems and monitoring programs in waters of the United States in the North Pacific, Bering Sea, and Arctic Ocean. Not more than 20 percent of the funds made available pursuant to subsection (c)(4) may be used to provide administrative support under this subsection. ``(h) Duplication of Effort; Report.--Programs and grants funded pursuant to paragraphs (2), (3), and (4) of subsection (c) shall seek to avoid duplicating other research activities. The North Pacific Research Board, the Arctic Research Commission, and the Alaska Ocean Observing System shall-- ``(1) meet not less than once annually to promote coordination among research programs and projects; and ``(2) submit to Congress and the President an annual report on the status of research conducted pursuant to this title. ``(i) Arctic Defined.--In this section, the term `Arctic' has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).''.

Arctic Research, Monitoring, and Observing Act of 2012 - Amends the Arctic Research and Policy Act of 1984 to direct the Arctic Research Commission to provide merit-based grants to federal, state, local, or tribal governments and academic and private organizations to conduct research on or related to the Arctic in accordance with the national Arctic research program plan. Authorizes the Commission to enter into agreements with appropriate agencies or organizations to administer grants made pursuant to this Act for Arctic research, including reimbursement from funds of the Commission to administer such grants. Revises the requirements for compensation of Commission members not presently employed by the federal government or any state or local government. Instructs the Commission to adopt conflict of interest and recusal provisions that apply to decisions of the Commission and to all Commission members as if each member is an affected individual within the meaning of the Magnuson-Stevens Fishery Conservation and Management Act. Includes disclosure of any financial interest in or relationship to a party that is applying for funding from the Commission held by the Commission member. Amends the Department of the Interior and Related Agencies Appropriations Act, 1998, with respect to the North Pacific Research Board, to: (1) increase the maximum percentage of funds provided to the Secretary of Commerce for grants to conduct marine research in the north Pacific Ocean, Bering Sea, and Arctic Ocean that may be used for support for the Board and to administer such grants; and (2) direct the Board to adopt conflict of interest provisions similar to those required of the Commission by this Act. Revises the administration of the Environmental Improvement and Restoration Fund to: (1) reduce by half the amount of interest earned and covered into the Fund and make available such amount without further appropriation to the National Park Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management (BLM), and the Forest Service for high priority deferred maintenance and modernization of facilities to enhance visitors' experience; (2) increase to 25% the amount made available to carry out marine research activities in the North Pacific; and (3) require 25% of such amounts to be made available to the Commission to carry out Arctic research and monitoring and 10% to fund the Alaska Ocean Observing System as provided in this Act. Requires the North Pacific Research Board, the Commission, and the Alaska Ocean Observing System to meet at least once annually to promote coordination among research programs and projects and report annually on the status of the research conducted pursuant to this Act.

A bill to promote research, monitoring, and observation of the Arctic and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smarter Approach to Nuclear Expenditures Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Berlin Wall fell in 1989, the U.S.S.R. no longer exists, and the Cold War is over. The nature of threats to the national security and military interests of the United States has changed. However, the United States continues to maintain an enormous arsenal of nuclear weapons and delivery systems that were devised with the Cold War in mind. (2) The current nuclear arsenal of the United States includes approximately 5,000 total nuclear warheads, of which approximately 2,000 are deployed with three delivery components: long-range strategic bomber aircraft, land-based intercontinental ballistic missiles, and submarine-launched ballistic missiles. The bomber fleet of the United States comprises 93 B-52 and 20 B-2 aircraft. The United States maintains 450 intercontinental ballistic missiles. The United States also maintains 14 Ohio-class submarines, up to 12 of which are deployed at sea. Each of these submarines is armed with up to 96 independently targetable nuclear warheads. (3) This Cold War-based approach to nuclear security comes at significant cost. Over the next 10 years, the United States will spend hundreds of billions of dollars maintaining its nuclear force. A substantial decrease in the nuclear arsenal of the United States is prudent for both the budget and national security. (4) The national security interests of the United States can be well served by reducing the total number of deployed nuclear warheads and their delivery systems, as suggested by the Department of Defense's January 2012 strategic guidance titled ``Sustaining U.S. Global Leadership: Priorities for 21st Century Defense''. Furthermore, a number of arms control, nuclear, and national security experts have urged the United States to reduce the number of deployed nuclear warheads to no more than 1,000. (5) Economic security and national security are linked and both will be well served by smart defense spending. Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff, stated on June 24, 2010, that ``Our national debt is our biggest national security threat'' and on August 2, 2011, stated that ``I haven't changed my view that the continually increasing debt is the biggest threat we have to our national security.''. (6) The Government Accountability Office has found that there is significant waste in the construction of the nuclear facilities of the National Nuclear Security Administration of the Department of Energy. SEC. 3. REDUCTION IN NUCLEAR FORCES. (a) Prohibition on Use of B-2 and B-52 Aircraft for Nuclear Missions.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended to arm a B-2 or B-52 aircraft with a nuclear weapon. (b) Prohibition on New Long-Range Penetrating Bomber Aircraft.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2013 through 2023 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a long-range penetrating bomber aircraft. (c) Prohibition on F-35 Nuclear Mission.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be used to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons. (d) Termination of B61 LEP.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the B61 life extension program. (e) Termination of W78 LEP.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the W78 life extension program. (f) Reduction of Nuclear-Armed Submarines.--Notwithstanding any other provision of law, beginning in fiscal year 2013, the forces of the Navy shall include not more than eight operational ballistic- missile submarines available for deployment. (g) Limitation on SSBN-X Submarines.--Notwithstanding any other provision of law-- (1) none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2013 through 2023 for the Department of Defense may be obligated or expended for the procurement of an SSBN-X submarine; and (2) none of the funds authorized to be appropriated or otherwise made available for fiscal year 2024 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the procurement of more than eight such submarines. (h) Reduction of ICBMs.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 200 intercontinental ballistic missiles. (i) Reduction of SLBMs.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 250 submarine-launched ballistic missiles. (j) Prohibition on New ICBM.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a new intercontinental ballistic missile. (k) Termination of MOX Fuel Plant Project.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Mixed Oxide (MOX) Fuel Fabrication Facility project. (l) Termination of CMRR Project.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Chemistry and Metallurgy Research Replacement nuclear facility. (m) Termination of UPF.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Uranium Processing Facility located at the Y-12 National Security Complex. (n) Termination of MEADS.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2013 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the medium extended air defense system. SEC. 4. REPORTS REQUIRED. (a) Initial Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3. (b) Annual Report.--Not later than March 1, 2013, and each year thereafter, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3, including any updates to previously submitted reports. (c) Annual Nuclear Weapons Accounting.--Not later than September 30, 2013, and each year thereafter, the President shall transmit to the appropriate committees of Congress a report containing a comprehensive accounting by the Director of the Office of Management and Budget of the amounts obligated and expended by the Federal Government for each nuclear weapon and related nuclear program during-- (1) the fiscal year covered by the report; and (2) the life cycle of such weapon or program. (d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives.

Smarter Approach to Nuclear Expenditures Act - Prohibits using funds appropriated to the Department of Defense (DOD) for FY2013 or thereafter: (1) to arm a B-2 or B-52 aircraft with a nuclear weapon; (2) for the research, development, test, and evaluation (RDT&E) or procurement of a long-range penetrating bomber aircraft; (3) to make the F-35 Joint Strike Fighter aircraft capable of carrying nuclear weapons; or (4) for the B61 or W78 life extension program. Requires that, beginning in FY2013, the Navy shall include no more than eight operational ballistic-missile submarines available for deployment. Prohibits the use of DOD funds: (1) for FY2013-FY2023 to procure an SSBN-X submarine, and (2) for FY2024 and thereafter to procure more than eight such submarines. Prohibits using DOD funds for FY2013 or thereafter: (1) to maintain more than 200 intercontinental ballistic missiles (ICBMs), (2) to maintain more than 250 submarine-launched ballistic missiles, (3) for the RDT&E or procurement of a new ICBM, or (4) for the medium extended air defense system. Prohibits using DOD or Department of Energy (DOE) funds for FY2013 or thereafter for: (1) the mixed oxide fuel fabrication facility project, (2) the chemistry and metallurgy research replacement nuclear facility, and (3) the uranium processing facility at the Y-12 National Security Complex. Requires an initial and subsequent annual reports from the Secretaries of Defense and Energy to Congress outlining their respective plans to carry out the requirements of this Act. Directs the President to submit annually to Congress a comprehensive accounting by the Director of the Office of Management and Budget (OMB) of the amounts obligated or expended by the federal government for each nuclear weapon and related nuclear program during the fiscal year covered by the report and the life cycle of such weapon or program.

To reduce the number of nuclear-armed submarines operated by the Navy, to prohibit the development of a new long-range penetrating bomber aircraft, to reduce the number of intercontinental ballistic missiles operated by the Department of Defense, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rape Kits and DNA Evidence Backlog Elimination Act of 2003''. SEC. 2. REAUTHORIZATION OF DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000. Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(j)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking ``and''; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) $25,000,000 for fiscal year 2004; ``(E) $25,000,000 for fiscal year 2005; ``(F) $25,000,000 for fiscal year 2006; and ``(G) $25,000,000 for fiscal year 2007.''; and (2) in paragraph (2)-- (A) in subparagraph (C), by striking ``and''; and (B) by striking subparagraph (D), and inserting the following: ``(D) $75,000,000 for fiscal year 2004; ``(E) $75,000,000 for fiscal year 2005; ``(F) $25,000,000 for fiscal year 2006; and ``(G) $25,000,000 for fiscal year 2007.''. SEC. 3. EXPANSION OF COMBINED DNA INDEX SYSTEM. (a) Inclusion of all DNA Samples From States.--Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended-- (1) in subsection (a)(1), by striking ``of persons convicted of crimes;'' and inserting the following: ``of-- ``(A) persons convicted of crimes; and ``(B) other persons, as authorized under the laws of the jurisdiction that generates the records;''; and (2) by striking subsection (d). (b) Felons Convicted of Federal Crimes.--Section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)) is amended to read as follows: ``(d) Qualifying Federal Offenses.--The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General: ``(1) Any felony. ``(2) Any offense under chapter 109A of title 18, United States Code. ``(3) Any crime of violence (as that term is defined in section 16 of title 18, United States Code). ``(4) Any attempt or conspiracy to commit any of the offenses under paragraphs (1) through (3).''. (c) Uniform Code of Military Justice.--Section 1565 of title 10, United States Code, is amended-- (1) by amending subsection (d) to read as follows: ``(d) Qualifying Military Offenses.--The offenses that shall be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Secretary of Defense, in consultation with the Attorney General: ``(1) Any offense under the Uniform Code of Military Justice for which the authorized penalties include confinement for more than 1 year. ``(2) Any other offense under the Uniform Code of Military Justice that is comparable to a qualifying Federal offense (as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000).''; (2) by striking subsection (e); and (3) by redesignating subsection (f) as subsection (e). (d) Technical Amendments.--Section 811(a)(2) of the Antiterrorism and Effective Death Penalty Act of 1996 (28 U.S.C. 531 note) is amended-- (1) in subparagraph (A), by striking ``[42 U.S.C.A. 14132a(d)]'' and inserting ``(42 U.S.C. 14135a(d))''; and (2) in subparagraph (B), by striking ``[42 U.S.C.A. Sec. 14132b(d)]'' and inserting ``(42 U.S.C. 14135b(d))''. SEC. 4. FORENSIC LABORATORY GRANTS. (a) Grants Authorized.--The Attorney General is authorized to award grants to not more than 15 State or local forensic laboratories to implement innovative plans to encourage law enforcement, judicial, and corrections personnel to increase the submission of rape evidence kits and other biological evidence from crime scenes. (b) Application.--Not later than December 31, 2004, each laboratory desiring a grant under this section shall submit an application containing a proposed plan to encourage law enforcement officials in localities with a DNA backlog to increase the submission of rape evidence kits and other biological evidence from crime scenes. (c) Authorization of Appropriations.--There are authorized to be appropriated $30,000,000 for each of the fiscal years 2004 through 2006 to carry out the provisions of this section. SEC. 5. ELIGIBILITY OF LOCAL GOVERNMENTS OR INDIAN TRIBES TO APPLY FOR AND RECEIVE DNA BACKLOG ELIMINATION GRANTS. Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by inserting ``, units of local government, or Indian tribes'' after ``eligible States''; and (ii) by inserting ``, unit of local government, or Indian tribe'' after ``State''; and (B) in paragraph (3), by striking ``or by units of local government'' and inserting ``, units of local government, or Indian tribes``; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by inserting ``, unit of local government, or Indian tribe'' after ``State'' each place that term appears; (B) in paragraph (1), by inserting ``, unit of local government, or Indian tribe`` after ``State''; (C) in paragraph (3), by inserting ``, unit of local government, or Indian tribe'' after ``State'' the first time that term appears; (D) in paragraph (4), by inserting ``, unit of local government, or Indian tribe'' after ``State''; and (E) in paragraph (5), by inserting ``, unit of local government, or Indian tribe'' after ``State''; (3) in subsection (c), by inserting ``, unit of local government, or Indian tribe'' after ``State''; (4) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``or a unit of local government'' and inserting ``, a unit of local government, or an Indian tribe''; and (ii) in subparagraph (B), by striking ``or a unit of local government'' and inserting ``, a unit of local government, or an Indian tribe''; and (B) in paragraph (2)(A), by inserting ``, units of local government, and Indian tribes,'' after ``States''; (5) in subsection (e)-- (A) in paragraph (1), by inserting ``or local government'' after ``State'' each place that term appears; and (B) in paragraph (2), by inserting ``, unit of local government, or Indian tribe'' after ``State''; (6) in subsection (f), in the matter preceding paragraph (1), by inserting ``, unit of local government, or Indian tribe'' after ``State''; (7) in subsection (g)-- (A) in paragraph (1), by inserting ``, unit of local government, or Indian tribe'' after ``State''; and (B) in paragraph (2), by inserting ``, units of local government, or Indian tribes'' after ``States''; and (8) in subsection (h), by inserting ``, unit of local government, or Indian tribe'' after ``State'' each place that term appears. SEC. 6. SAFE PROGRAM. (a) Establishment of Grant Program.--The Attorney General shall establish a program to award and disburse annual grants to SAFE programs. (b) Compliance With National Protocol.--To receive a grant under this section, a proposed or existing SAFE program shall be in compliance with the standards and recommended national protocol developed by the Attorney General pursuant to section 1405 of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg note). (c) Application.-- (1) In general.--Each proposed or existing SAFE program that desires a grant under this section shall submit an application to the Attorney General at such time, and in such manner, as the Attorney General shall reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall include information regarding-- (A) the size of the population or estimated population to be served by the proposed or existing SAFE program; and (B) if the SAFE program exists at the time the applicant submits its application, the effectiveness of that SAFE program. (d) Priority Given to Programs in Underserved Areas.--In awarding grants under this section, the Attorney General shall give priority to proposed or existing SAFE programs that are serving, or will serve, populations currently underserved by existing SAFE programs. (e) Nonexclusivity.--Nothing in this Act shall be construed to limit or restrict the ability of proposed or existing SAFE programs to apply for and obtain Federal funding from any other agency or department, or under any other Federal grant program. (f) Audits.--The Attorney General shall audit recipients of grants awarded and disbursed under this section to ensure-- (1) compliance with the standards and recommended national protocol developed by the Attorney General pursuant to section 1405 of the Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C. 3796gg note); (2) compliance with other applicable Federal laws; and (3) overall program effectiveness. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Justice $10,000,000 for each of fiscal years 2004 through 2008 for grants under this section. SEC. 7. DNA EVIDENCE TRAINING GRANTS. (a) Grants Authorized.--The Attorney General is authorized to award grants to prosecutor's offices, associations, or organizations to train local prosecutors in the use of DNA evidence in a criminal investigation or a trial. (b) Application.--Each eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (c) Authorization of Appropriations.--There are authorized to be appropriated $5,000,000 for each of the fiscal years 2004 through 2006 to carry out the provisions of this section. SEC. 8. NO STATUTE OF LIMITATIONS FOR CHILD ABDUCTION AND SEX CRIMES. (a) Statute of Limitations.-- (1) In general.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3297. Child abduction and sex offenses ``Notwithstanding any other provision of law, an indictment may be found or an information instituted at any time without limitation for any offense under section 1201 involving a minor victim, and for any felony under chapter 109A, 110, or 117, or section 1591.''. (2) Amendment to chapter analysis.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``3297. Child abduction and sex offenses.''. (b) Application.--The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section. SEC. 9. TOLLING OF LIMITATION PERIOD FOR PROSECUTION IN CASES INVOLVING DNA IDENTIFICATION. (a) In General.--Chapter 213 of title 18, United States Code, as amended by section 8, is further amended by adding at the end the following: ``Sec. 3298. Cases involving DNA evidence ``In a case in which DNA testing implicates a person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the DNA testing that implicates the person has elapsed that is equal to the otherwise applicable limitation period.''. (b) Clerical Amendment.--The table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``3298. Cases involving DNA evidence.''. (c) Effective Date.--The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section. SEC. 10. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE. Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg-6) is amended-- (1) in subsection (a), by inserting ``dating violence,'' after ``domestic violence,''; (2) in subsection (b)-- (A) by inserting before paragraph (1) the following: ``(1) Dating violence.--The term `dating violence' means violence committed by a person-- ``(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and ``(B) where the existence of such a relationship shall be determined based on a consideration of-- ``(i) the length of the relationship; ``(ii) the type of relationship; and ``(iii) the frequency of interaction between the persons involved in the relationship.''; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4) respectively; and (C) in paragraph (3), as redesignated by subparagraph (B) of this paragraph, by inserting ``dating violence,'' after ``domestic violence,''; (3) in subsection (c)-- (A) in paragraph (1), by inserting-- (i) ``, dating violence,'' after ``between domestic violence''; and (ii) ``dating violence,'' after ``victims of domestic violence,''; (B) in paragraph (2), by inserting ``dating violence,'' after ``domestic violence,''; and (C) in paragraph (3), by inserting ``dating violence,'' after ``domestic violence,''; (4) in subsection (d)-- (A) in paragraph (1), by inserting ``, dating violence,'' after ``domestic violence''; (B) in paragraph (2), by inserting ``, dating violence,'' after ``domestic violence''; (C) in paragraph (3), by inserting ``, dating violence,'' after ``domestic violence''; and (D) in paragraph (4), by inserting ``dating violence,'' after ``domestic violence,''; (5) in subsection (e), by inserting ``dating violence,'' after ``domestic violence,''; and (6) in subsection (f)(2)(A), by inserting ``dating violence,'' after ``domestic violence,''. SEC. 11. SENSE OF CONGRESS. It is the sense of Congress that the Paul Coverdell National Forensic Science Improvement Act (Public Law 106-561) should be funded in order to improve the quality, timeliness, and credibility of forensic science services for criminal justice purposes.

Rape Kits and DNA Evidence Backlog Elimination Act of 2003 - Reauthorizes appropriations under the DNA Analysis Backlog Elimination Act of 2000 (the Act).Expands the scope of DNA samples to be included in the Combined DNA Index System.Authorizes the Attorney General to award grants to up to 15 State or local forensic laboratories to implement innovative plans to encourage law enforcement, judicial, and corrections personnel to increase the submission of rape evidence kits and other biological evidence from crime scenes.Amends the Act to make local governments and Indian tribes eligible to apply for and receive DNA backlog elimination grants.Requires the Attorney General to establish a program to award and disburse annual grants to SAFE (Sexual Assault Forensic Examination) programs, with priority to programs that are serving, or will serve, populations currently under-served by existing SAFE programs.Authorizes the Attorney General to award grants to prosecutor's offices, associations, or organizations to train local prosecutors in the use of DNA evidence in a criminal investigation or a trial.Eliminates the statute of limitations for child abduction and sex offenses. Provides that the limitation period in cases in which DNA testing implicates a person in the commission of a felony shall not preclude prosecution until an equal period has elapsed following such testing.Amends the Violence Against Women Act of 2000 to cover dating violence.Expresses the sense of Congress that the Paul Coverdell National Forensic Science Improvement Act should be funded in order to improve the quality, timeliness, and credibility of forensic science services for criminal justice purposes.

A bill to improve investigation and prosecution of sexual assault cases with DNA evidence, and for other purposes.

SECTION 1. REQUIRED USE OF OPTION 1A AS PRICE STRUCTURE FOR CLASS I MILK UNDER CONSOLIDATED FEDERAL MILK MARKETING ORDERS. (a) Use of Option 1A.--In implementing the final decision for the consolidation and reform of Federal milk marketing orders, as required by section 143 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7253), the Secretary of Agriculture shall price fluid or Class I milk under the orders using the Class I price differentials identified as Option 1A ``Location-Specific Differentials Analysis'' in the proposed rule published in the Federal Register on January 30, 1998 (63 Fed. Reg. 4802, 4809), except that the Secretary shall include the corrections and modifications to such Class I differentials made by the Secretary through April 2, 1999. (b) Effect on Implementation Schedule.--The requirement to use Option 1A in subsection (a) does not modify or delay the time period for actual implementation of the final decision as part of Federal milk marketing orders specified in section 738 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in section 101(a) of division A of Public Law 105-277; 112 Stat. 2681-30). (c) Implementation of Requirement.-- (1) Expedited implementation.--The Secretary of Agriculture shall comply with subsection (a) as soon as practicable after the date of the enactment of this Act. The requirement to use the Option 1A described in such subsection shall not be subject to-- (A) the notice and hearing requirements of section 8c(3) of the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, or the notice and comment provisions of section 553 of title 5, United States Code; (B) a referendum conducted by the Secretary of Agriculture pursuant to subsections (17) or (19) of such section 8c; (C) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (D) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (2) Effect on minimum milk prices.--If the Secretary of Agriculture announces minimum prices for milk under Federal milk marketing orders pursuant to section 1000.50 of title 7, Code of Federal Regulations, before the date on which the Secretary first complies with subsection (a), the minimum prices so announced before that date shall be the only applicable minimum prices under Federal milk marketing orders for the months for which the prices have been announced. SEC. 2. NECESSITY OF USING FORMAL RULEMAKING TO DEVELOP PRICING METHODS FOR CLASS III AND CLASS IV MILK; MODIFIED MANUFACTURING ALLOWANCE FOR CHEESE. (a) Congressional Finding.--The Class III and Class IV pricing formulas included in the final decision for the consolidation and reform of Federal milk marketing orders, as published in the Federal Register on April 2, 1999 (64 Fed. Reg. 16025), do not adequately reflect public comment on the original proposed rule published in the Federal Register on January 30, 1998 (63 Fed. Reg. 4802), and are sufficiently different from the proposed rule and any comments submitted with regard to the proposed rule that further emergency rulemaking is merited. (b) Formal Rulemaking.-- (1) Required.--The Secretary of Agriculture shall conduct rulemaking, on the record after an opportunity for an agency hearing, to reconsider the Class III and Class IV pricing formulas included in the final decision referred to in subsection (a). (2) Implementation.--A final decision on the formula shall be implemented not later than 10 months after the date of the enactment of this Act. (3) Effect of court order.--The actions authorized by this subsection are intended to ensure the timely publication and implementation of new pricing formulas for Class III and Class IV milk. In the event that the Secretary is enjoined or otherwise restrained by a court order from implementing the final decision under paragraph (2), the length of time for which that injunction or other restraining order is effective shall be added to the time limitations specified in paragraph (2) thereby extending those time limitations by a period of time equal to the period of time for which the injunction or other restraining order is effective. (c) Failure To Timely Complete Rulemaking.--If the Secretary of Agriculture fails to implement new Class III and Class IV pricing formulas within the time period required under subsection (b)(2) (plus any additional period provided under subsection (b)(3)), the Secretary may not assess or collect assessments from milk producers or handlers under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, for marketing order administration and services provided under such section after the end of that period until the pricing formulas are implemented. The Secretary may not reduce the level of services provided under that section on account of the prohibition against assessments, but shall rather cover the cost of marketing order administration and services through funds available for the Agricultural Marketing Service of the Department. (d) Effect on Implementation Schedule.--Subject to subsection (e), the requirement for additional rulemaking in subsection (b) does not modify or delay the time period for actual implementation of the final decision referred to in subsection (a) as part of Federal milk marketing orders, as such time period is specified in section 738 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (as contained in section 101(a) of division A of Public Law 105-277; 112 Stat. 2681-30). (e) Modified Manufacturing Allowance for Cheese.-- (1) Modification of allowance.--Pending the implementation of new pricing formulas for Class III and Class IV milk as required by subsection (b), the Secretary of Agriculture shall modify the formula used for determining Class III prices, as contained in the final decision referred to in subsection (a), to replace the manufacturing allowance of 17.02 cents per pound of cheese each place it appears in that formula with an amount equal to 14.7 cents per pound of cheese. (2) Expedited implementation.--The Secretary of Agriculture shall implement the modified formula as soon as practicable after the date of the enactment of this Act. Implementation and use of the modified formula shall not be subject to-- (A) the notice and hearing requirements of section 8c(3) of the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, or the notice and comment provisions of section 553 of title 5, United States Code; (B) a referendum conducted by the Secretary of Agriculture pursuant to subsections (17) or (19) of such section 8c; (C) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (D) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (3) Effect on minimum milk prices.--If the Secretary of Agriculture announces minimum prices for milk under Federal milk marketing orders pursuant to section 1000.50 of title 7, Code of Federal Regulations, before the date on which the Secretary first implements the modified formula, the minimum prices so announced before that date shall be the only applicable minimum prices under Federal milk marketing orders for the months for which the prices have been announced. SEC. 3. ONE-YEAR EXTENSION OF CURRENT MILK PRICE SUPPORT PROGRAM. (a) Extension of Program.--Subsection (h) of section 141 of the Agricultural Market Transition Act (7 U.S.C. 7251) is amended by striking ``1999'' both places it appears and inserting ``2000''. (b) Continuation of Current Price Support Rate.--Subsection (b)(4) of such section is amended by striking ``year 1999'' and inserting ``years 1999 and 2000''. (c) Elimination of Recourse Loan Program for Processors.--Section 142 of the Agricultural Market Transition Act (7 U.S.C. 7252) is repealed. SEC. 4. DAIRY FORWARD PRICING PROGRAM. The Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following new section: ``SEC. 23. DAIRY FORWARD PRICING PILOT PROGRAM. ``(a) Pilot Program Required.--Not later than 90 days after the date of the enactment of this section, the Secretary of Agriculture shall establish a temporary pilot program under which milk producers and cooperatives are authorized to voluntarily enter into forward price contracts with milk handlers. ``(b) Minimum Milk Price Requirements.--Payments made by milk handlers to milk producers and cooperatives, and prices received by milk producers and cooperatives, under the forward contracts shall be deemed to satisfy-- ``(1) all regulated minimum milk price requirements of paragraphs (B) and (F) of subsection (5) of section 8c; and ``(2) the requirement of paragraph (C) of such subsection regarding total payments by each handler. ``(c) Milk Covered by Pilot Program.--The pilot program shall apply only with respect to the marketing of federally regulated milk that-- ``(1) is not classified as Class I milk or otherwise intended for fluid use; and ``(2) is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects interstate or foreign commerce in federally regulated milk. ``(d) Duration.--The authority of the Secretary of Agriculture to carry out the pilot program shall terminate on December 31, 2004. No forward price contract entered into under the program may extend beyond that date. ``(e) Study and Report on Effect of Pilot Program.-- ``(1) Study.--The Secretary of Agriculture shall conduct a study on forward contracting between milk producers and cooperatives and milk handlers to determine the impact on milk prices paid to producers in the United States. To obtain information for the study, the Secretary may use the authorities available to the Secretary under section 8d, subject to the confidentiality requirements of subsection (2) of such section. ``(2) Report.--Not later than April 30, 2002, the Secretary shall submit to the Committee on Agriculture, Nutrition and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report containing the results of the study.''. Passed the House of Representatives September 22, 1999. Attest: JEFF TRANDAHL, Clerk.

Directs the Secretary of Agriculture to implement the Class I fluid milk price structure known as Option 1A "Location-Specific Differentials Analysis" as part of the final rule to consolidate Federal milk marketing orders. States that such option requirement shall not modify the existing (final rule) implementation schedule. States that the Option 1A requirement shall not be subject to specified requirements regarding: (1) notice and hearing; (2) referendum; (3) rulemaking notice and public participation; and (4) paperwork reduction. States that if the Secretary announces minimum milk prices under a marketing order prior to implementation of the rule under this Act, such prices shall be the applicable minimum prices for the months so covered. (Sec. 2) Expresses the congressional finding that certain Class III and IV milk pricing formulas require further emergency rulemaking because they do not adequately reflect public comment and are sufficiently different from the proposed rule. States that the Secretary shall: (1) conduct formal rulemaking, implement a final decision not later than ten months after enactment of this Act, and collect no marketing order assessments (without reducing service levels) during any period of noncompliance with such time frame; and (2) reduce the cheese manufacturing allowance to 14.7 cents per pound pending such price implementation. (Sec. 3) Amends the Agricultural Market Transition Act to: (1) extend the milk price support program (at 1999 rates) through December 31, 2000; and (2) eliminate the processor loan recourse program. (Sec. 4) Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to direct the Secretary to implement a dairy forward pricing pilot program through December 31, 2004. Applies such program to federally regulated milk that: (1) is not Class I milk or otherwise intended for fluid use; and (2) is in or directly affects interstate or foreign milk commerce. Directs the Secretary to study the impact of forward contracting on milk prices paid to U.S. producers.

To require the Secretary of Agriculture to implement the Class I milk price structure known as Option 1-A as part of the implementation of the final rule to consolidate Federal milk marketing orders.

SECTION 1. EXEMPTION FROM PAYMENT OF INDIVIDUAL CONTRIBUTIONS UNDER MONTGOMERY GI BILL OF INDIVIDUALS WHO SERVE AS ACTIVE DUTY MEMBERS OF THE ARMED FORCES UNDER EXECUTIVE ORDER 13235. (a) Active Duty Program.--Notwithstanding section 3011(b) of title 38, United States Code, no reduction in basic pay otherwise required by such section shall be made in the case of a covered member of the Armed Forces. (b) Selected Reserve Program.--Notwithstanding section 3012(c) of such title, no reduction in basic pay otherwise required by such section shall be made in the case of a covered member of the Armed Forces. (c) Termination of On-Going Reductions in Basic Pay.--In the case of a covered member of the Armed Forces who first became a member of the Armed Forces or first entered on active duty as a member of the Armed Forces before the date of the enactment of this Act and whose basic pay would, but for subsection (a) or (b) of this section, be subject to reduction under section 3011(b) or 3012(c) of such title for any month beginning on or after that date, the reduction of basic pay of such covered member of the Armed Forces under such section 3011(b) or 3012(c), as applicable, shall cease commencing with the first month beginning on or after that date. (d) Refund of Contributions.--(1) In the case of any covered member of the Armed Forces whose basic pay was reduced under section 3011(b) or 3012(c) of such title for any month beginning before the date of the enactment of this Act, the Secretary concerned shall pay to such covered member of the Armed Forces an amount equal to the aggregate amount of reductions of basic pay of such member of the Armed Forces under such section 3011(b) or 3012(c), as applicable, as of that date. (2) Any amount paid to a covered member of the Armed Forces under paragraph (1) shall not be included in gross income under the Internal Revenue Code of 1986. (3) Amounts for payments under paragraph (1) shall be derived from amounts appropriated or otherwise made available to the Secretary concerned for military personnel in chapter 1 of title I of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1209). (4) In this subsection, the term ``Secretary concerned'' means-- (A) the Secretary of the Army, with respect to matters concerning the Army; (B) the Secretary of the Navy, with respect to matters concerning the Navy or the Marine Corps; (C) the Secretary of the Air Force, with respect to matters concerning the Air Force; and (D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard. (e) Covered Member of the Armed Forces Defined.--In this section, the term ``covered member of the Armed Forces'' means any individual who serves on active duty as a member of the Armed Forces during the period-- (1) beginning on November 16, 2001, the date of Executive Order 13235, relating to National Emergency Construction Authority; and (2) ending on the termination date of the Executive order referred to in paragraph (1). SEC. 2. OPPORTUNITY FOR INDIVIDUALS WHO SERVE AS ACTIVE DUTY MEMBERS OF THE ARMED FORCES UNDER EXECUTIVE ORDER 13235 TO WITHDRAW ELECTION NOT TO ENROLL IN MONTGOMERY GI BILL. Section 3018 of title 38, United States Code, is amended-- (1) by redesignating subsections (c) and (d) as subsection (d) and (e), respectively; (2) by inserting after subsection (b) the following new subsection (c): ``(c)(1) Notwithstanding any other provision of this chapter, during the one-year period beginning on the date of the enactment of this subsection, an individual who-- ``(A) serves on active duty as a member of the Armed Forces during the period beginning on November 16, 2001, and ending on the termination date of Executive Order 13235, relating to National Emergency Construction Authority; and ``(B) has served continuously on active duty without a break in service following the date the individual first becomes a member or first enters on active duty as a member of the Armed Forces, shall have the opportunity, on such form as the Secretary of Defense shall prescribe, to withdraw an election under section 3011(c)(1) or 3012(d)(1) of this title not to receive education assistance under this chapter. ``(2) An individual described paragraph (1) who made an election under section 3011(c)(1) or 3012(d)(1) of this title and who-- ``(A) while serving on active duty during the one-year period beginning on the date of the enactment of this subsection makes a withdrawal of such election; ``(B) continues to serve the period of service which such individual was obligated to serve; ``(C) serves the obligated period of service described in subparagraph (B) or before completing such obligated period of service is described by subsection (b)(3)(B); and ``(D) meets the requirements set forth in paragraphs (4) and (5) of subsection (b), is entitled to basic educational assistance under this chapter.''; and (3) in subsection (e), as so redesignated, by inserting ``or (c)(2)(A)'' after ``(b)(1)''.

Exempts from the mandatory payroll deductions ($100 for the first 12 months of active duty pay) under the veterans' basic educational assistance program, members of the Armed Forces and Selected Reserve on active duty between November 16, 2001, and the termination date of Executive Order 13235, who elect to receive basic educational assistance. Provides for reimbursement of payroll deductions taken prior to the enactment of this Act. Allows such members to withdraw an election not to receive basic educational assistance.

A bill to provide certain enhancements to the Montgomery GI Bill Program for certain individuals who serve as members of the Armed Forces after the September 11, 2001, terrorist attacks, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Health Quality and Fairness Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Patient protection standards under the Public Health Service Act. ``Part C--Patient Protection Standards ``Sec. 2770. Notice. ``Sec. 2771. Coverage of services. ``Sec. 2772. Access to emergency care. ``Sec. 2773. Protecting the doctor-patient relationship. ``Sec. 2774. Quality assurance. ``Sec. 2775. Designation of primary care provider. ``Sec. 2776. Grievance and appeals procedures. ``Sec. 2777. Understandability of information.''. SEC. 2. PATIENT PROTECTION STANDARDS UNDER THE PUBLIC HEALTH SERVICE ACT. (a) Patient Protection Standards.--Title XXVII of the Public Health Service Act is amended-- (1) by redesignating part C as part D, and (2) by inserting after part B the following new part: ``Part C--Patient Protection Standards ``SEC. 2770. NOTICE. ``A health insurance issuer under this part shall comply with the notice requirement under section 711(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this part as if such section applied to such issuer and such issuer were a group health plan. ``SEC. 2771. COVERAGE OF SERVICES. ``(a) In General.--If a health insurance issuer offering health insurance coverage provides benefits with respect to a service, and a physician recommends such service for an enrollee, the issuer shall cover any service furnished under the coverage unless a physician who has reviewed the notes of the attending physician and any medical records of the enrollee determines that such services should not be covered. ``(b) Written Denial of Coverage.--In a case in which a health insurance issuer denies coverage of a service to an enrollee, issuer shall provide, in writing, to the enrollee, the physician who recommended such service, and the primary physician of the enrollee-- ``(1) the reasons for the denial of coverage; ``(2) the criteria used to determine whether to authorize or deny coverage; and ``(3) the right of the enrollee to file a written grievance. ``SEC. 2772. ACCESS TO EMERGENCY CARE. ``(a) Coverage of Emergency Services.-- ``(1) In general.--If health insurance coverage provides any benefits with respect to emergency services (as defined in paragraph (2)(B)), the plan or issuer shall cover emergency services furnished under the plan or coverage-- ``(A) without the need for any prior authorization determination; ``(B) whether or not the physician or provider furnishing such services is a participating physician or provider with respect to such services; and ``(C) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under section 2701 of the Public Health Service Act, section 701 of the Employee Retirement Income Security Act of 1974, or section 9801 of the Internal Revenue Code of 1986, and other than applicable cost sharing). ``(2) Definitions.--In this section: ``(A) Emergency medical condition based on prudent layperson standard.--The term `emergency medical condition' means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in a condition described in clause (i), (ii), or (iii) of section 1867(e)(1)(A) of the Social Security Act. ``(B) Emergency services.--The term `emergency services' means health care items and services that are necessary for the diagnosis, treatment, and stabilization of an emergency medical condition. ``SEC. 2773. PROTECTING THE DOCTOR-PATIENT RELATIONSHIP. ``(a) Prohibition on Restricting Communication.--A health insurance issuer offering health insurance coverage may not restrict or interfere with any communication between a health care professional and an enrollee with respect to information that the health care professional determines is relevant to the health care of the enrollee. ``(b) Prohibition on Financial Incentives.--A health insurance issuer offering health insurance coverage may not offer or pay any financial incentive to a provider of health care services to deny, reduce, withhold, limit, or delay services to an enrollee. ``(c) Prohibition on Retaliation.--A health insurance issuer offering health insurance coverage may not terminate a contract, demote, refuse to contract with, or refuse to compensate a health care professional because the professional-- ``(1) advocates on behalf of an enrollee; ``(2) assists an enrollee in seeking reconsideration of a decision by the issuer to deny coverage for a service; or ``(3) reports a violation of law to an appropriate authority. ``SEC. 2774. QUALITY ASSURANCE. ``(a) Requirement.--A health insurance issuer offering health insurance coverage shall establish and maintain an ongoing quality assurance program that meets the requirements of subsection (b). ``(b) Program Requirements.--The requirements of this subsection for a quality assurance program of an issuer are as follows: ``(1) Administration.--The issuer has an identifiable unit with responsibility for administration of the program. ``(2) Written plan.--The issuer has a written plan, developed in consultation with health care professionals, that is updated annually and that specifies at least the following: ``(A) Criteria and procedures for the assessment of quality. ``(B) Criteria and procedures for determining coverage of services. ``(3) Review.--The program provides for systematic review of the following: ``(A) Outcomes of health care services; ``(B) Peer review; ``(C) A system to collect and maintain information related to the health care services provided to enrollees; ``(D) Guidelines for action when problems related to quality of care are identified. ``SEC. 2775. DESIGNATION OF PRIMARY CARE PROVIDER. ``If a health insurance issuer offering health insurance coverage requires or provides for an enrollee to designate a participating primary care provider-- ``(1) the issuer shall permit a female enrollee to designate an obstetrician-gynecologist who has agreed to be designated as such, as the enrollee's primary care provider; and ``(2) the issuer shall permit the enrollee to designate a physician who specializes in pediatrics as the primary care provider for a child of such enrollee. ``SEC. 2776. GRIEVANCE AND APPEALS PROCEDURES. ``(a) Establishment of Grievance System.--A health insurance issuer, in connection with the provision of health insurance coverage, shall establish and maintain a system to provide for the presentation and resolution of oral and written grievances brought by enrollees. The system shall include grievances regarding-- ``(1) payment or reimbursement for covered services; ``(2) availability, delivery, and quality of services; and ``(3) terms and conditions of the plan or coverage. ``(b) General Elements.--The system shall include-- ``(1) the general components described in subsection (c); and ``(2) a process for appeals of adverse denials of benefits-- ``(A) through an internal appeal process; ``(B) through an external appeal process; and ``(C) through a process for expediting review of the internal appeals process. ``(c) Components of the System.--Such system shall include the following components with respect individuals who are enrollees: ``(1) The availability of a services representative to assist such individuals, as requested, with the grievance procedures. ``(2) A system to record and document, over a period of at least 3 years, all grievances made and their status. ``(3) A process providing for timely processing and resolution of grievances. ``(d) Internal Appeals Process.-- ``(1) In general.--Each health insurance issuer shall establish and maintain an internal appeals process under which any enrollee, or provider acting on behalf of such an individual with the individual's consent, who is dissatisfied with the results of the issuer has the opportunity to appeal the results before a review panel. ``(2) Deadline.-- ``(A) In general.--The issuer shall conclude each appeal as soon as possible after the time of the receipt of the appeal in accordance with medical exigencies of the case involved, but in no event later than-- ``(i) 72 hours after the time of receipt of the appeal in the case of appeals from decisions regarding urgent care, and ``(ii) 30 business days after such time in the case of all other appeals. ``(3) Notice.--If an issuer denies an appeal, the issuer shall provide the enrollee and provider involved with written notification of the denial and the reasons therefor, together with a written notification of rights to any further appeal. ``(e) External Appeals Process.--A health insurance issuer offering group health insurance coverage, shall provide for an external appeals process which may be used upon completion of the internal review process under subsection (d). The process shall be conducted consistent with standards established by the Secretary. ``(f) Expedited Review Process.--A health insurance issuer shall establish written procedures for the expedited consideration of appeals in situations in which the timeframe of a standard appeal under the respective subsection has reasonable potential to jeopardize seriously the life or health of the participant, beneficiary, or enrollee involved or has reasonable potential to jeopardize such an individual's ability to regain maximum function. ``SEC. 2777. UNDERSTANDABILITY OF INFORMATION. ``Information provided to or made available to enrollees under this part, whether written or oral, shall be easily understandable by an average layperson, with respect to the terms used.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to causes of action arising on or after the date of the enactment of this Act.

Health Quality and Fairness Act of 1998 - Amends title XXVII (Assuring Portability, Availability, and Renewability of Health Insurance Coverage) of the Public Health Service Act to establish a new part (Patient Protection Standards) which sets forth health plan standards concerning: (1) notice; (2) coverage; (3) access to emergency care; (4) the doctor-patient relationship; (5) quality assurance; (6) designation of a primary care provider; (7) grievance and appeals procedures; and (8) understandability of information.

Health Quality and Fairness Act of 1998

SECTION 1. AUTHORITY TO GRANT STATE STATUS TO INDIAN TRIBES FOR ENFORCEMENT OF SOLID WASTE DISPOSAL ACT. (a) Definitions.--Section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) is amended-- (1) in paragraph (13)(A), by striking ``or authorized tribal organization or Alaska Native village or organization,''; (2) in paragraph (15), by inserting after ``State,'' the following: ``Indian tribe,''; and (3) by adding at the end the following new paragraphs: ``(42) The term `Indian country' means-- ``(A) all land within the limits of any Indian reservation under the jurisdiction of the Federal Government (including any right-of-way running through the reservation), notwithstanding the issuance of any patent; ``(B) all dependent Indian communities within the borders of the United States, including dependent Indian communities-- ``(i) within the original territory or territory that is subsequently acquired; and ``(ii) within or without the limits of a State; and ``(C) all Indian allotments with respect to which the Indian titles have not been extinguished, including rights-of- way running through the allotments. ``(43) The term `Indian tribe' means any Indian tribe, band, group, or community, including any Alaska Native village, organization, or regional corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) that-- ``(A) is recognized by the Secretary of the Interior; and ``(B) exercises governmental authority within Indian country.''. (b) Treatment of Indian Tribes as States.--Subtitle A of such Act (42 U.S.C. 6901 et seq.) is amended by adding at the end the following new section: ``SEC. 1009. INDIAN TRIBES. ``(a) In General.--Subject to subsection (b), the Administrator may-- ``(1) treat an Indian tribe as a State for the purposes of this Act; ``(2) delegate to an Indian tribe primary enforcement responsibility for programs and projects established under this Act; and ``(3) provide Indian tribes grant and contract assistance to carry out functions of a State pursuant to this Act. ``(b) Environmental Protection Agency Regulations.-- ``(1) In general.-- ``(A) Treatment.--Not later than 18 months after the date of the enactment of this section, the Administrator shall issue final regulations that specify the manner in which Indian tribes shall be treated as States for the purposes of this Act. ``(B) Authorization.--Under the regulations issued by the Administrator, the treatment of an Indian tribe as a State shall be authorized only if-- ``(i) the Indian tribe has a governing body carrying out substantial governmental duties and powers; ``(ii) the functions that the Indian tribe will exercise pertain to land and resources that are-- ``(I) held by the Indian tribe, the United States in trust for the Indian tribe, or a member of the Indian tribe (if the property interest is subject to a trust restriction on alienation); or ``(II) are otherwise within Indian country; and ``(iii) in the judgment of the Administrator, the Indian tribe is reasonably expected to be capable of carrying out the functions to be exercised in a manner consistent with the requirements of this Act (including all applicable regulations). ``(2) Exceptions.-- ``(A) In general.--If, with respect to a provision of this Act, the Administrator determines that the treatment of an Indian tribe in the same manner as a State is inappropriate, administratively infeasible, or otherwise inconsistent with the purposes of this Act, the Administrator may include in the regulations issued under this section a mechanism by which the Administrator carries out the provision in lieu of the Indian tribe in an appropriate manner. ``(B) Statutory construction.--Subject to subparagraph (C), nothing in this section is intended to permit an Indian tribe to assume or maintain primary enforcement responsibility for programs established under this Act in a manner that is less protective of human health and the environment than the manner in which a State may assume or maintain the responsibility. ``(C) Criminal enforcement.--An Indian tribe shall not be required to exercise jurisdiction over the enforcement of criminal penalties. ``(c) Cooperative Agreements.--In order to ensure the consistent implementation of the requirements of this Act, an Indian tribe and each State in which the lands of the Indian tribe are located may, subject to review and approval by the Administrator, enter into a cooperative agreement, to cooperatively plan and carry out the requirements of this Act. ``(d) Report.--Not later than 2 years after the date of enactment of this section, the Administrator, in cooperation with the Secretary of the Interior, the Director of the Indian Health Service, and Indian tribes, shall submit to Congress a report that includes-- ``(1) recommendations for addressing hazardous and solid wastes and underground storage tanks within Indian country; ``(2) methods to maximize the participation in, and administration of, programs established under this Act by Indian tribes; ``(3) an estimate of the amount of Federal assistance that will be required to carry out this section; and ``(4) a discussion of proposals by the Administrator concerning the provision of assistance to Indian tribes for the administration of programs and projects pursuant to this Act. ``(e) Tribal Hazardous Waste Site Inventory.-- ``(1) Inventory.--Not later than 2 years after the date of enactment of this section, the Administrator shall undertake a continuing program to establish an inventory of sites within Indian country at which hazardous waste has been stored or disposed of. ``(2) Contents of inventory.--The inventory shall include-- ``(A) the information required to be collected by States pursuant to section 3012; and ``(B) sites located at Federal facilities within Indian country.''. (c) Technical Amendment.--The table of contents for subtitle A of such Act (contained in section 1001 of such Act (42 U.S.C. prec. 6901)) is amended by adding at the end the following new item: ``Sec. 1009. Indian tribes.''. SEC. 2. LEAKING UNDERGROUND STORAGE TANK TRUST FUND. Section 9508(c)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Except as provided'' and inserting the following: ``(A) Purposes.--Except as provided''; and (2) by adding at the end the following new subparagraph: ``(B) Set aside for indian tribes.--Notwithstanding any other provision of law, for each of fiscal years 1995 through 1999, the Secretary shall reserve an amount equal to not less than 3 percent of the amounts made available to States pursuant to subparagraph (A). Such amount shall be used only by Indian tribes (as defined in section 1004(43) of the Solid Waste Disposal Act) to carry out the purposes referred to in subparagraph (A).''.

Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to: (1) treat Indian tribes as States under such Act; (2) delegate primary enforcement authority for programs under such Act to Indian tribes; and (3) provide grant and contract assistance to tribes to carry out such Act. Sets forth conditions under which Indian tribes may be treated as States. Directs the Administrator to report to the Congress on: (1) recommendations for addressing hazardous and solid wastes and underground storage tanks (USTs) within Indian country; (2) methods to maximize Indian participation in, and administration of, programs under such Act; and (3) an estimate of the amount of assistance required and a discussion of proposals by the Administrator concerning the provision of assistance to Indian tribes for the administration of such programs. Requires the Administrator to establish an inventory of sites within Indian country at which hazardous waste has been stored or disposed. Amends the Internal Revenue Code to reserve at least three percent of the amounts made available to States from the Leaking Underground Storage Tank Trust Fund for Indian tribes to carry out response actions for petroleum USTs.

A bill to amend the Solid Waste Disposal Act to grant State status to Indian tribes for purposes of the enforcement of such Act, and for other purposes.

SECTION 1. FINDINGS. The Congress finds that-- (1) the Presidio, located amidst the incomparable scenic splendor of the Golden Gate, is one of America's great natural and historic sites; (2) the Presidio is the oldest continuously operating military post in the Nation dating from 1776, and was designated as National Historic Landmark in 1962; (3) preservation of the cultural and historic integrity of the Presidio for public use recognizes its significant role in the history of the United States; (4) the Presidio, in its entirety, is a part of the Golden Gate National Recreation Area, in accordance with Public Law 92-589; (5) as part of the Golden Gate National Recreation Area, the Presidio's outstanding natural, historic, scenic, cultural, and recreational resources must be managed in a manner which is consistent with sound principles of land use planning and management, and which protects the Presidio from development and uses which would destroy the scenic beauty and historic and natural character of the area; and (6) the Presidio will be managed through an innovative public/private partnership that minimizes cost to the United States Treasury and makes efficient use of private sector resources that could be utilized in the public interest. SEC. 2. INTERIM LEASING AUTHORITY. The Secretary of the Interior (hereinafter in this Act referred to as the ``Secretary'') is authorized to negotiate and enter into leases, at fair market rental and without regard to section 321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C. 303b), for all or part of the Presidio of San Francisco that is under the administrative jurisdiction of the Secretary until such time as the property concerned is transferred to the administrative jurisdiction of the Presidio Trust. Notwithstanding sections 1341 and 3302 of title 31 of the United States Code, the proceeds from any such lease shall be retained by the Secretary and used for the preservation, restoration, operation and maintenance, improvement, repair and related expenses incurred with respect to Presidio properties. For purposes of any such lease, the Secretary may adjust the rental by taking into account any amounts to be expended by the lessee for preservation, maintenance, restoration, improvement, repair and related expenses with respect to properties within the Presidio. SEC. 3. THE PRESIDIO TRUST. (a) Establishment.--There is established a body corporate within the Department of the Interior to be known as the Presidio Trust (hereinafter in this Act referred to as the ``Trust''). (b) Transfer.--(1) The Secretary shall transfer to the administrative jurisdiction of the Trust those areas commonly known as the Letterman/LAIR complex, Fort Scott, Main Post, Cavalry Stables, Presidio Hill, Wherry Housing, East Housing, the structures at Crissy Field, roads, utilities or other infrastructure servicing the properties and such other properties that the Secretary deems appropriate, as depicted on the map referred to in this subsection. The Trust and the Secretary shall agree on the use and occupancy of buildings and facilities necessary to house and support activities of the National Park Service at the Presidio. (2) Within 60 days after enactment of this section, the Secretary shall prepare a map identifying properties to be conveyed to the Trust. (3) The transfer for administrative jurisdiction shall occur within 60 days after appointments are made to the board of Directors. (4) The Secretary shall transfer, with the transfer of administrative jurisdiction over any property, all leases, concessions, licenses, permits, programmatic agreements and other agreements affecting such property and any revenues and unobligated funds associated with such leases, concessions, licenses, permits, and agreements. (c) Board of Directors.-- (1) In general.--The powers and management of the Trust shall be vested in a Board of Directors consisting of the following 5 members: (A) The Secretary of the Interior or the Secretary's designee. (B) 4 individuals, who are not employees of the Federal Government, appointed by the President, who shall possess extensive knowledge and experience in one or more of the fields of city planning, finance, and real estate. At least 3 of these individuals shall reside in the region in which the Presidio is located. (2) Terms.--The President shall make the appointments referred to in subparagraph (B) of paragraph (1) within 90 days and in such a manner as to ensure staggered 4-year terms. Any vacancy under subparagraph (B) of paragraph (1) shall be filled in the same manner in which the original appointment was made, and any member appointed to fill a vacancy shall serve for the remainder of the term for which his or her predecessor was appointed. No appointed director may serve more than 8 years in consecutive terms. No member of the Board of Directors may have a financial interest in any tenant of the Presidio. (3) Organization and compensation.--The Board shall organize itself in such a manner as it deems most appropriate to effectively carry out the authorized activities of the Trust. Board members shall serve without pay, but may be reimbursed for the actual and necessary travel and subsistence expenses incurred by them in the performance of the duties of the Trust. (4) Liability of directors.--Members of the Board of Directors shall not be considered Federal employees by virtue of their membership on the Board, except for purposes of the Federal Tort Claims Act. (5) Public liaison.--The Board shall establish procedures whereby liaison with the public, through the Golden Gate National Recreation Area Advisory Commission, and the National Park Service, shall be maintained. (d) Duties and Authorities.--In accordance with the purposes set forth in this Act and in section 1 of the Act entitled ``An Act to establish the Golden Gate National Recreation Area in the State of California, and for other purposes'', approved October 27, 1972 (Public Law 92-589; 86 Stat. 1299; 16 U.S.C. 460bb), the Trust shall manage the leasing, maintenance, rehabilitation, repair and improvement of property within the Presidio which is under its administrative jurisdiction. The Trust may participate in the development of programs and activities at the properties that have been transferred to the Trust. In exercising its powers and duties, the Trust shall act in accordance with both the approved General Management Plan, as amended, for the Presidio (hereinafter in this Act referred to as the ``Plan'') and shall have the following authorities: (1) The Trust is authorized to manage, lease, maintain, rehabilitate and improve, either directly or by agreement, those properties within the Presidio which are transferred to the Trust by the Secretary. (2)(A) The Trust is authorized to negotiate and enter into such agreements, leases, contracts and other arrangements with any person, firm, association, organization, corporation or governmental entity, including without limitation entities of Federal, State and local governments (except any agreement to convey fee title to any property located at the Presidio) as are necessary and appropriate to finance and carry out its authorized activities. Agreements under this paragraph may be entered into without regard to section 321 of the Act of June 30, 1992 (40 U.S.C. 303b). (B) Except as provided in subparagraphs (C), (D), and (E), Federal laws and regulations governing procurement by Federal agencies shall apply to the Trust. (C) The Secretary may authorize the Trust, in exercising authority under section 303(g) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 253(g)) relating to simplified purchase procedures, to use as the dollar limit of each purchase or contract under this subsection an amount which does not exceed $500,000. (D) The Secretary may authorize the Trust, in carrying out the requirement of section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) to furnish the Secretary of Commerce for publication notices of proposed procurement actions, to use as the applicable dollar threshold for each expected procurement an amount which does not exceed $1,000,000. (E) The Trust shall establish procedures for lease agreements and other agreements for use and occupancy of Presidio facilities, including a requirement that in entering into such agreements the Trust shall obtain such competition as is practicable in the circumstances. (3) The Trust is authorized to appoint and fix the compensation and duties of an executive director and such other officers and employees as it deems necessary without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may pay them without regard to the provisions of chapter 51, and subchapter III of chapter 53, title 5, United States Code (relating to classification and General Schedule pay rates). (4) To augment or encourage the use of non-Federal funds to finance capital improvements on Presidio properties transferred to its jurisdiction, the Trust, in addition to its other authorities, shall have the following authorities: (A) The authority to guarantee any lender against loss of principle or interest on any construction loan, provided that (i) the terms of the guarantee are approved by the Secretary of the Treasury, (ii) adequate guarantee authority is provided in appropriations Acts, and (iii) such guarantees are structured so as to minimize potential cost to the Federal Government. (B) The authority, subject to available appropriations, to make loans to the occupants of property managed by the Trust for the preservation, restoration, maintenance, or repair of such property. (C) The authority to issue obligations to the Secretary of the Treasury, but only if the Secretary of the Treasury agrees to purchase such obligations after determining that the projects to be funded from the proceeds thereof are credit worthy and that a repayment schedule is established. The Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes for which securities may be issued under such chapter are extended to include any purchase of such notes or obligations acquired by the Secretary of the Treasury under this subsection. The aggregate amount of obligations issued under this subparagraph which are outstanding at any one time may not exceed $150,000,000. Obligations issued under this subparagraph shall be in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary of the Treasury, and shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. No funds appropriated to the Trust may be used for repayment of principle or interest on, or redemption of, obligations issued under this paragraph. All obligations purchased under authority of this subparagraph must be authorized in advance in appropriations Acts. (D) The Trust shall be deemed to be a public agency for the purpose of entering into joint exercise of powers agreements pursuant to California government code section 6500 and following. (5) The Trust may solicit and accept donations of funds, property, supplies, or services from individuals, foundations, corporations and other private or public entities for the purpose of carrying out its duties. The Trust shall maintain philanthropic liaison with the Golden Gate National Park Association, the fund raising association for the Golden Gate National Recreation Area. (6) All proceeds received by the Trust shall be retained by the Trust without further appropriation and used to offset the costs of administration, preservation, restoration, operation, maintenance, repair and related expenses incurred by the Trust with respect to such properties under its jurisdiction. Upon the request of the Trust, the Secretary of the Treasury shall invest excess moneys of the Trust in public debt securities with maturities suitable to the needs of the Trust. (7) The Trust may sue and be sued in its own name to the same extent as the Federal Government. Litigation arising out of the activities of the Trust shall be conducted by the Attorney General, as needed; the Trust may retain private attorneys to provide advice and counsel. (8) The Trust shall have all necessary and proper powers for the exercise of the authorities invested in it. (9) For the purpose of compliance with applicable laws and regulations concerning properties transferred to the Trust by the Secretary, the Trust shall negotiate directly with regulatory authorities. (e) Insurance.--The Trust shall procure insurance against any loss in connection with the properties managed by it or its authorized activities as is reasonable and customary. (f) Building Code Compliance.--The Trust shall ensure that all properties under its jurisdiction are brought into compliance with all applicable Federal building codes and regulations within 10 years after the enactment of this Act. (g) Taxes.--The Trust shall be exempt from all taxes and special assessments of every kind in the State of California, and its political subdivisions, including the city and county of San Francisco to the same extent as the Secretary. (h) Financial Information and Report.--(1) Financial statements of the Trust shall be audited annually in accordance with section 9105 of title 31 of the United States Code. (2) At the end of each calendar year, the Trust shall submit to the Secretary and the Congress a comprehensive and detailed report of its operations, activities, and accomplishments for the prior fiscal year. The report also shall include a section that describes in general terms the Trust's goals for the current fiscal year. (i) Savings Clause.--Nothing in this section shall preclude the Secretary from exercising any of the Secretary's lawful powers within the Presidio. (j) Leasing.--In managing and leasing the properties transferred to it, the Trust should consider the extent to which prospective tenants maximize the contribution to the implementation of the General Management Plan and to the generation of revenues to offset costs of the Presidio. The Trust shall give priority to the following categories of tenants: tenants that enhance the financial viability of the Presidio thereby contributing to the preservation of the scenic beauty and natural character of the area; tenants that facilitate the cost- effective preservation of historic buildings through their reuse of such buildings, or tenants that promote through their activities the general programmatic content of the plan. (k) Reversion.--In the event of failure or default, all interests and assets of the Trust shall revert to the United States to be administered by the Secretary. (l) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out the activities of the Trust. (m) Separability of Provisions.--If any provisions of this Act or the application thereof to any body, agency, situation, or circumstance is held invalid, the remainder of the Act and the application of such provision to other bodies, agencies, situations, or circumstances shall not be affected thereby.

Establishes within the Department of the Interior the Presidio Trust. Directs the Secretary of the Interior to transfer to the administrative jurisdiction of the Trust specified areas of the Presidio military complex. Establishes a board of directors to manage the Trust. Requires the Trust to manage the leasing, maintenance, rehabilitation, repair, and improvement of Presidio property under its jurisdiction. Provides related Trust authorities. Requires Trust financial statements to be audited annually. Requires the Trust to report annually to the Secretary and the Congress on its operations, activities, and accomplishments during the prior fiscal year. Authorizes appropriations to carry out Trust activities.

A bill to provide for the administration of certain Presidio properties at minimal cost to the Federal taxpayer.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Oregon Public Land Transfer and Protection Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ROGUE RIVER NATIONAL FOREST TRANSFERS Sec. 101. Land transfers involving Rogue River National Forest and other public land in Oregon. TITLE II--PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT LAND Sec. 201. Definitions. Sec. 202. No net loss of O & C land, CBWR land, or public domain land. Sec. 203. Relationship to Umpqua land exchange authority. TITLE III--CONVEYANCE TO DESCHUTES COUNTY, OREGON Sec. 301. Conveyance to Deschutes County, Oregon. TITLE I--ROGUE RIVER NATIONAL FOREST TRANSFERS SEC. 101. LAND TRANSFERS INVOLVING ROGUE RIVER NATIONAL FOREST AND OTHER PUBLIC LAND IN OREGON. (a) Transfer From Public Domain to National Forest.-- (1) Land transfer.--The public domain land depicted on the map entitled ``BLM/Rogue River NF Administrative Jurisdiction Transfer, North Half'' and dated April 28, 1998, and the map entitled ``BLM/Rogue River NF Administrative Jurisdiction Transfer, South Half'' and dated April 28, 1998, consisting of approximately 2,058 acres within the external boundaries of Rogue River National Forest in the State of Oregon, is added to and made a part of Rogue River National Forest. (2) Administrative jurisdiction.--Administrative jurisdiction over the land described in paragraph (1) is transferred from the Secretary of the Interior to the Secretary of Agriculture. (3) Management.--Subject to valid existing rights, the Secretary of Agriculture shall manage the land described in paragraph (1) as part of Rogue River National Forest in accordance with the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (36 Stat. 961, chapter 186), and other laws (including regulations) applicable to the National Forest System. (b) Transfer From National Forest to Public Domain.-- (1) Land transfer.--The Federal land depicted on the maps described in subsection (a)(1), consisting of approximately 1,632 acres within the external boundaries of Rogue River National Forest, is transferred to unreserved public domain status, and the status of the land as part of Rogue River National Forest and the National Forest System is revoked. (2) Administrative jurisdiction.--Administrative jurisdiction over the land described in paragraph (1) is transferred from the Secretary of Agriculture to the Secretary of the Interior. (3) Management.--Subject to valid existing rights, the Secretary of the Interior shall administer such land under the laws (including regulations) applicable to unreserved public domain land. (c) Restoration of Status of Certain National Forest Land as Revested Railroad Grant Land.-- (1) Restoration of earlier status.--The Federal land depicted on the maps described in subsection (a)(1), consisting of approximately 4,298 acres within the external boundaries of Rogue River National Forest, is restored to the status of revested Oregon and California Railroad grant land, and the status of the land as part of Rogue River National Forest and the National Forest System is revoked. (2) Administrative jurisdiction.--Administrative jurisdiction over the land described in paragraph (1) is transferred from the Secretary of Agriculture to the Secretary of the Interior. (3) Management.--Subject to valid existing rights, the Secretary of the Interior shall administer the land described in paragraph (1) under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.), and other laws (including regulations) applicable to revested Oregon and California Railroad grant land under the administrative jurisdiction of the Secretary of the Interior. (d) Addition of Certain Revested Railroad Grant Land to National Forest.-- (1) Land transfer.--The revested Oregon and California Railroad grant land depicted on the maps described in subsection (a)(1), consisting of approximately 960 acres within the external boundaries of Rogue River National Forest, is added to and made a part of Rogue River National Forest. (2) Administrative jurisdiction.--Administrative jurisdiction over the land described in paragraph (1) is transferred from the Secretary of the Interior to the Secretary of Agriculture. (3) Management.--Subject to valid existing rights, the Secretary of Agriculture shall manage the land described in paragraph (1) as part of Rogue River National Forest in accordance with the Act of March 1, 1911 (36 Stat. 961, chapter 186), and other laws (including regulations) applicable to the National Forest System. (4) Distribution of receipts.--Notwithstanding the sixth paragraph under the heading ``forest service'' in the Act of May 23, 1908 and section 13 of the Act of March 1, 1911 (16 U.S.C. 500), revenues derived from the land described in paragraph (1) shall be distributed in accordance with the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (e) Boundary Adjustment.--The boundaries of Rogue River National Forest are adjusted to encompass the land transferred to the administrative jurisdiction of the Secretary of Agriculture under this section and to exclude private property interests adjacent to the exterior boundaries of Rogue River National Forest, as depicted on the map entitled ``BLM/Rogue River NF Boundary Adjustment, North Half'' and dated April 28, 1998, and the map entitled ``BLM/Rogue River NF Boundary Adjustment, South Half'' and dated April 28, 1998. (f) Maps.--Not later than 60 days after the date of enactment of this Act, the maps described in this section shall be available for public inspection in the office of the Chief of the Forest Service. (g) Miscellaneous Requirements.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall-- (1) revise the public land records relating to the land transferred under this section to reflect the administrative, boundary, and other changes made by this section; and (2) publish in the Federal Register appropriate notice to the public of the changes in administrative jurisdiction made by this section with regard to the land. TITLE II--PROTECTION OF OREGON AND CALIFORNIA RAILROAD GRANT LAND SEC. 201. DEFINITIONS. In this title: (1) O & C land.--The term ``O & C land'' means the land (commonly known as ``Oregon and California Railroad grant land'') that-- (A) revested in the United States under the Act of June 9, 1916 (39 Stat. 218, chapter 137); and (B) is managed by the Secretary of the Interior through the Bureau of Land Management under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (2) CBWR land.--The term ``CBWR land'' means the land (commonly known as ``Coos Bay Wagon Road grant land'') that-- (A) was reconveyed to the United States under the Act of February 26, 1919 (40 Stat. 1179, chapter 47); and (B) is managed by the Secretary of the Interior through the Bureau of Land Management under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). (3) Public domain land.-- (A) In general.--The term ``public domain land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (B) Exclusions.--The term ``public domain land'' does not include O & C land or CBWR land. (4) Geographic area.--The term ``geographic area'' means the area in the State of Oregon within the boundaries of the Medford District, Roseburg District, Eugene District, Salem District, Coos Bay District, and Klamath Resource Area of the Lakeview District of the Bureau of Land Management, as the districts and the resource area were constituted on January 1, 1998. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 202. NO NET LOSS OF O & C LAND, CBWR LAND, OR PUBLIC DOMAIN LAND. In carrying out sales, purchases, and exchanges of land in the geographic area, the Secretary shall ensure that on expiration of the 10-year period beginning on the date of enactment of this Act and on expiration of each 10-year period thereafter, the number of acres of O & C land and CBWR land in the geographic area, and the number of acres of O & C land, CBWR land, and public domain land in the geographic area that are available for timber harvesting, are not less than the number of acres of such land on the date of enactment of this Act. SEC. 203. RELATIONSHIP TO UMPQUA LAND EXCHANGE AUTHORITY. Notwithstanding any other provision of this title, this title shall not apply to an exchange of land authorized under section 1028 of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104- 333; 110 Stat. 4231), or any implementing legislation or administrative rule, if the land exchange is consistent with the memorandum of understanding between the Umpqua Land Exchange Project and the Association of Oregon and California Land Grant Counties dated February 19, 1998. TITLE III--CONVEYANCE TO DESCHUTES COUNTY, OREGON SEC. 301. CONVEYANCE TO DESCHUTES COUNTY, OREGON. (a) Purposes.--The purposes of this section are to authorize the Secretary of the Interior to sell at fair market value to Deschutes County, Oregon, certain land to be used to protect the public's interest in clean water in the aquifer that provides drinking water for residents and to promote the public interest in the efficient delivery of social services and public amenities in southern Deschutes County, Oregon, by-- (1) providing land for private residential development to compensate for development prohibitions on private land currently zoned for residential development the development of which would cause increased pollution of ground and surface water; (2) providing for the streamlined and low-cost acquisition of land by nonprofit and governmental social service entities that offer needed community services to residents of the area; (3) allowing the County to provide land for community amenities and services such as open space, parks, roads, and other public spaces and uses to area residents at little or no cost to the public; and (4) otherwise assist in the implementation of the Deschutes County Regional Problem Solving Project. (b) Sale of Land.-- (1) In general.--The Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this section as the ``Secretary'') may make available for sale at fair market value to Deschutes County, Oregon, the land in Deschutes County, Oregon (referred to in this section as the ``County''), comprising approximately 544 acres and lying in Township 22, S., Range 10 E. Willamette Meridian, described as follows: (A) Sec. 1: (i) Government Lot 3, the portion west of Highway 97; (ii) Government Lot 4; (iii) SENW, the portion west of Highway 97; SWNW, the portion west of Highway 97, NWSW, the portion west of Highway 97; SWSW, the portion west of Highway 97; (B) Sec. 2: (i) Government Lot 1; (ii) SENE, SESW, the portion east of Huntington Road; NESE; NWSE; SWSE; SESE, the portion west of Highway 97; (C) Sec. 11: (i) Government Lot 10; (ii) NENE, the portion west of Highway 97; NWNE; SWNE, the portion west of Highway 97; NENW, the portion east of Huntington Road; SWNW, the portion east of Huntington Road; SENW. (2) Suitability for sale.--The Secretary shall convey the land under paragraph (1) only if the Secretary determines that the land is suitable for sale through the land use planning process. (c) Special Account.--The amount paid by the County for the conveyance of land under subsection (b)-- (1) shall be deposited in a special account in the Treasury of the United States; and (2) may be used by the Secretary for the purchase of environmentally sensitive land east of Range Nine East in the State of Oregon that is consistent with the goals and objectives of the land use planning process of the Bureau of Land Management. Passed the Senate October 9 (legislative day, October 2), 1998. Attest: GARY SISCO, Secretary.

TABLE OF CONTENTS: Title I: Rogue River National Forest Transfers Tile II: Protection of Oregon and California Railroad Grant Land Title III: Conveyance to Deschutes County, Oregon Oregon Public Land Transfer and Protection Act of 1998 - Title I: Rogue River National Forest Transfers - Provides for the transfer of: (1) specified lands in the Rogue River National Forest System, Oregon, from public domain status to the National Forest; and (2) other lands from the National Forest to public domain status. Restores the status of certain revested Oregon and California railroad grant land (O&C land) and revokes the reservation of such lands as part of the National Forest. Adds certain other revested railroad grant lands to such National Forest. Title II: Protection of Oregon and California Railroad Grant Land - Directs the Secretary of the Interior, in carrying out sales, purchases, and exchanges of Bureau of Land Management land located within six Oregon districts (the geographic area), to ensure that, upon the expiration of a ten-year period beginning on the date of enactment of this Act and each ten-year period thereafter, the total number of acres of O&C land, Coos Bay Wagon Road grant land, and public domain land in the geographic area that are available for timber harvesting is not less than such number on the date of enactment of this Act. Title III: Conveyance to Deschutes County, Oregon - Directs the Secretary to sell at fair market value to Deschutes County, Oregon, specified land in Deschutes County. Provides for the conveyance of such land only if the Secretary determines it suitable for sale through the land use planning process. States that the amount paid by the County for the conveyance of the land: (1) shall be deposited in a special account in the Treasury; and (2) may be used by the Secretary for the purchase of certain environmentally sensitive land in Oregon that is consistent with the goals and objectives of the land use planning process of the Bureau.

Oregon Public Land Transfer and Protection Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chronic Wasting Disease Research, Monitoring, and Education Enhancement Act of 2003''. SEC. 2. CHRONIC WASTING DISEASE RESEARCH AND MONITORING AND PUBLIC EDUCATION AND OUTREACH. (a) In General.--The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is amended by adding at the end the following: ``SEC. 10. CHRONIC WASTING DISEASE. ``(a) In General.--The Secretary of the Interior, acting through the Director of the United States Geological Survey, shall carry out in accordance with this section a program to support, conduct, and coordinate programs to strengthen scientific research and monitoring and public education activities to elevate knowledge of Chronic Wasting Disease in free-ranging populations of deer and elk. ``(b) Purposes.--The purposes of the program shall be the following: ``(1) To initiate and encourage completion of the relevant goals and action plans specified in the National Plan. ``(2) To enhance the scientific understanding of Chronic Wasting Disease. ``(3) To provide technical assistance in support of State efforts to conduct scientific research, implement wildlife management strategies, and conduct and promote comprehensive public education programs in affected States. ``(c) Research and Monitoring.-- ``(1) In general.--The Secretary may support, promote, and coordinate research on, and long-term monitoring and surveillance of, Chronic Wasting Disease as it affects deer and elk in States identified as having the disease present within their borders, to promote improved understanding of the disease and support State management of deer and elk. ``(2) Authorized activities.--Activities under this subsection may include scientific research, monitoring, surveillance, and disease management activities identified in the National Plan, including the following: ``(A) Research to investigate the biology, pathogenesis, host ecology, epidemiology, transmission, and environmental persistence of Chronic Wasting Disease. ``(B) Development and utilization of an Internet- based biological data management system and integrated information sharing network. ``(C) Development, testing, and validation of rapid diagnostic methods. ``(D) Development of new testing and screening techniques for Chronic Wasting Disease, including live animal early detection field tests. ``(E) Surveillance programs to track the prevalence, incidence, and distribution of Chronic Wasting Disease in wild populations of deer and elk. ``(F) Research and development of therapeutics and vaccines. ``(G) Development and implementation of field sampling methods and comprehensive assessments of deer and elk populations. ``(3) Other activities to implement national plan and support state activities.--The Secretary may implement other research and monitoring activities as necessary to implement the National Plan and to support State activities to manage and conserve deer and elk. ``(e) National Public Education Strategy.-- ``(1) In general.--The Secretary shall develop and promote a national public education strategy-- ``(A) to increase awareness among the hunting community and the general public of the distribution of Chronic Wasting Disease; ``(B) to enhance comprehension of the biology, ecology, and epidemiology of the Chronic Wasting Disease; and ``(C) to support and communicate State management activities to control Chronic Wasting Disease in deer and elk populations. ``(2) Goals.--The goals of the strategy are the following: ``(A) Increasing public awareness of Federal, State, and tribal Chronic Wasting Disease activities. ``(B) Distilling and disseminating to the general public scientific and technical information concerning Chronic Wasting Disease in an easily comprehended manner. ``(C) Providing updates and reviews of advances in Chronic Wasting Disease control methods for deer and elk. ``(D) Development of print, video, and other interpretive and media materials to implement the strategy and to communicate accomplishments in addressing the problem of Chronic Wasting Disease. ``(3) Targeting.--The strategy should target stakeholder groups in States affected by Chronic Wasting disease, including consumptive and non-consumptive users of deer and elk. ``(f) Consultation and Coordination.--In conducting, supporting, and coordinating activities authorized under this section, the Secretary shall consult coordinate, where appropriate, with other Federal, interstate, or regional agencies, State agencies, tribes, local communities, non-governmental organizations, and colleges and universities. ``(g) Report Requirements.--Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Secretary shall report to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works in the Senate on the activities implemented under this section. ``(h) Availability of Results.--The Secretary shall make available to the public the results of research and monitoring conducted, supported, or permitted by the Secretary under this section. ``(i) Definitions.--For the purposes of this section: ``(1) Chronic wasting disease.--The term `Chronic Wasting Disease' means the transmissible animal disease that afflicts deer and elk and belongs to the group of diseases known as transmissible spongiform encephalopathies. ``(2) Deer and elk.--The term `deer and elk' means-- ``(A) free-ranging populations of deer and elk residing in proximity of the endemic area for Chronic Wasting Disease as identified in the National Plan; and ``(B) deer and elk residing in States outside of that endemic area, where the disease has been introduced and established in deer and elk populations. ``(3) National plan.--The term `National Plan' means the plan published jointly by the Department of the Interior and the Department of Agriculture entitled `Plan for Assisting States, Federal Agencies, and Tribes in Managing Chronic Wasting Disease in Wild and Captive Cervids', dated June 26, 2002. ``(4) Secretary.--The term `Secretary' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. ``(5) State.--The term `State' means the several States of the United States, Puerto Rico, American Samoa, the Virgin Islands, Guam, and the territories and possessions of the United States. ``(h) Report.--The Secretary of the Interior shall submit a report describing activities undertaken to implement this section to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate by not later than 1 year after the date of the enactment of this section and biennially thereafter. ``(i) Authorization of Appropriations.--To implement this section there are authorized to be appropriated to the Secretary the following: ``(1) Research and monitoring.--For the implementation of scientific research and monitoring activities under subsection (d), $15,000,000 for each of fiscal years 2004 through 2009. ``(2) Public education.--For the implementation of public education activities under subsection (e), $5,000,000 for each of fiscal years 2004 through 2009. ``(3) Administration.--For the administration of this section by the Secretary $1,00,000 for each of fiscal years 2004 through 2009.''.

Chronic Wasting Disease Research, Monitoring, and Education Enhancement Act of 2003 - Amends the Fish and Wildlife Coordination Act to require the Secretary of the Interior, acting through the Director of the U.S. Geological Survey, to carry out a program to support, conduct, and coordinate programs to strengthen scientific research and monitoring and public education activities to elevate knowledge of Chronic Wasting Disease in free-ranging populations of deer and elk.

To amend the Fish and Wildlife Coordination Act to coordinate and strengthen scientific research and monitoring, and to promote public outreach, education, and awareness, of Chronic Wasting Disease affecting free-ranging populations of deer and elk, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Driver's License Modernization Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) The terrorist attacks of September 11, 2001, illuminated many flaws in the Nation's domestic security, especially in its identification system. (2) Drivers' licenses and identification cards issued by States have become the favored form of identity verification in the United States and are used by government agencies and private entities alike. (3) Inconsistent requirements between the States for initial identity verification and insufficient verification of identity documents have made the identification systems of States a prime target for fraud and identity theft. (4) Different designs on drivers' licenses and identification cards issued by States have created a market, including sales on the Internet, for fake cards that look real to those who are unfamiliar with the official designs. (5) Improving the security of State identification systems will require taking advantage of new technology. (6) Identification card technologies that can accommodate other government and private applications will provide the best return on the investment in the new cards. (7) It is necessary to improve the security of drivers' licenses and identification cards issued by States so that multiple licensing of individuals will be eliminated, the purchase of alcohol and tobacco products by underage individuals will be reduced, and identity theft will be severely reduced. SEC. 3. STATE DRIVER'S LICENSE AND IDENTIFICATION CARD PROGRAMS. (a) In General.--Subchapter I of chapter I of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. State driver's license and identification card programs ``(a) Definitions.--In this section, the following definitions apply: ``(1) Driver's license.--The term `driver's license' means a license issued by the motor vehicle agency of a State to an individual that authorizes the individual to operate a motor vehicle on highways. ``(2) Identification card.--The term `identification card' means an identification card issued by the motor vehicle agency of a State to an individual. ``(b) State Driver's License and Identification Card Programs.--Not later than 5 years after the date of enactment of this section, each State shall have in effect a driver's license and identification card program under which the State meets the following requirements: ``(1) Computer chips in drivers' licenses and id cards.-- ``(A) In general.--A State shall embed a computer chip in each new or renewed driver's license or identification card issued by the State. ``(B) Requirements for computer chips.--A computer chip embedded in a driver's license or identification card under this paragraph shall-- ``(i) contain, in electronic form, all text data written on the license or card; ``(ii) contain encoded biometric data matching the holder of the license or card; ``(iii) contain encryption and security software or hardware (or both) that prevents access to data stored on the chip without the express consent of the individual to whom the data applies, other than access by a Federal, State, or local agency (including a court or law enforcement agency) in carrying out its functions, or by a private entity acting on behalf of a Federal, State, or local agency in carrying out its functions; ``(iv) accept data or software written to the license or card by non-governmental devices if the data transfer is authorized by the holder of the license or card; and ``(v) conform to any other standards issued by Secretary. ``(2) Biometric data.-- ``(A) In general.--A State shall obtain biometric data for the identification of each individual to whom the State issues a new or renewed driver's license or identification card and shall maintain such data. ``(B) Requirement for biometric data.--Biometric data obtained by a State under this paragraph shall be of a type that can be matched to the license or card holder only with the express cooperation of the license or card holder. ``(3) Participation in linking of databases.-- ``(A) In general.--A State shall participate in a program to link State motor vehicle databases in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States. ``(B) Requirements for information.--A State motor vehicle database shall contain, at a minimum, the following information: ``(i) All data fields printed on drivers' licenses and identification cards issued by the State, other than the encoded biometric data stored on such licenses and cards under paragraph (1). ``(ii) Biometric data obtained under paragraph (2) from each individual to whom the State issues a new or renewed driver's license or identification card. ``(iii) Motor vehicle drivers' histories, including motor vehicle violations, suspensions, and points on licenses. ``(4) Tamper-resistant security features.--A State shall include on each new or renewed driver's license or identification card issued by the State, multiple tamper- resistant security features or optical image layers, such as biometric scans, barcodes, 3D, flip, or motion imaging, to assist in visual verification that the license or card is valid. ``(5) Documentation.--A State shall adopt and implement procedures for accurately documenting the identity and residence of an individual before issuing a driver's license or identification card to the individual. ``(c) Guidelines.-- ``(1) In general.--Not later than 6 months after the date of enactment of this section, the Secretary shall issue guidelines to assist States in complying with the requirements of subsection (b). ``(2) Contents.--The guidelines issued under this subsection shall contain, at a minimum, the following: ``(A) Standards for the computer chip technology required for compliance with subsection (b)(1), including-- ``(i) standards to ensure interoperability and the ability to store multiple applications created by government agencies and private entities and transmitted to the license or card with the express consent of the license or card holder; and ``(ii) standards for the encoded biometric data that must be contained on each computer chip and requirements to ensure that such biometric data will be used only for matching the license or card to the presenter and will not be stored in a central database. ``(B) Standards for biometric data to be obtained from applicants for new or renewed State drivers' licenses and identification cards under subsection (b)(2) and standards for maintaining such data. ``(C) Standards for linking State motor vehicle databases under subsection (b)(3) and standards for the information to be contained in the databases. ``(D) Standards for security features or optical image layers to be placed on State drivers' licenses and identification cards under subsection (b)(4). ``(E) Standards for documentation of the identity and residence of an individual under subsection (b)(5), including a list of acceptable documents for establishing the identity and residence of an individual and procedures for verifying the authenticity of the documents. ``(F) Standards for a numbering system for State drivers' licenses and identification cards that prevents duplication between States and does not make use of the license or card holder's Social Security number. ``(3) Consultation.--Guidelines issued by the Secretary under this subsection shall be developed in consultation with the American Association of Motor Vehicle Administrators, the General Services Administration, and the National Institute of Standards and Technology. ``(4) Administrative procedures.--The Secretary may issue guidelines under this subsection without regard to subchapter II of chapter 5 of title 5. ``(d) Grants.-- ``(1) In general.--The Secretary may make grants to each State to assist the State in developing and implementing a driver's license and identification card program that meet the requirements of subsection (b). ``(2) Grants for linking of state motor vehicle databases.--The Secretary may make separate grants under this subsection to each State to assist the State in developing and implementing computer technologies and databases required to link State motor vehicle databases under subsection (b)(3). ``(3) Applications.--A State seeking a grant under this subsection shall submit to the Secretary an application that is in such form and contains such information as the Secretary may require. The Secretary shall evaluate such applications in the order received and award grants upon approval of an application. ``(4) Federal share.--The Federal share of the cost of activities funded using amounts from a grant received by a State under this subsection shall be 100 percent or a lesser percentage determined by the Secretary. ``(5) Technical assistance from gsa.--For purposes of section 201(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481(a)), a State carrying out activities using amounts from a grant under this section shall be treated as an executive agency and part of the Department of Transportation when carrying out such activities. For purposes of carrying out such activities, the Secretary shall, at the request of a State, enter into an agreement for the acquisition, on behalf of the State, of any goods, services, or supplies available to the Secretary from the General Services Administration, including acquisitions from prime venders. All such acquisitions shall be undertaken through the most efficient and speedy means practicable, including through electronic ordering arrangements. ``(6) Reports.--The Secretary shall require a State that receives a grant under this subsection to submit to the Secretary, not later than 1 year after the date of implementation of the activities funded using the amounts of the grant, a report on the results of the activities. ``(7) Repayment.-- ``(A) In general.--Except as provided in subparagraph (B), if the Secretary determines that a State receiving a grant under this subsection has not met the requirements of subsection (b) on or before the last day of the 5-year period beginning on the date of enactment of this section, the Secretary may require the State to repay, in whole or in part, the total amount received by the State in grants under this subsection. ``(B) Grants for linking of state motor vehicle databases.--In the case of a grant received under paragraph (2), if the Secretary determines that a State receiving the grant has not met the requirements of subsection (b)(3) on or before the last day of the 5- year period beginning on the date of enactment of this section, the Secretary may require the State to repay, in whole or in part, the total amount received by the State in grants under paragraph (2). ``(8) Authorization of appropriations.--There is authorized to be appropriated-- ``(A) $100,000,000 for making grants under paragraph (1); and ``(B) $200,000,000 for making grants under paragraph (2). Such sums shall remain available until expended. ``(e) Transition From National Driver Register.--After the last day of the 5-year period beginning on the date of enactment of this section, no amounts may be appropriated to carry out chapter 303 of title 49. The Secretary shall provide for the orderly transition from the National Driver Register maintained under such chapter 303 to the program established under subsection (b)(3).''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end of the items relating to subchapter I the following: ``165. State driver's license and identification card programs.''. SEC. 4. FORGERY OR FALSE USE OF DRIVER'S LICENSE OR IDENTIFICATION CARD. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 123 the following: ``CHAPTER 125--STATE DRIVERS' LICENSES AND IDENTIFICATION CARDS ``Sec. ``2731. Definitions. ``2732. Forgery, fraudulent acquisition, or false use of driver's license or identification card. ``Sec. 2731. Definitions ``In this chapter, the terms `driver's license' and `identification card' have the meanings given such terms in section 165 of title 23. ``Sec. 2732. Forgery, fraudulent acquisition, or false use of driver's license or identification card ``Whoever-- ``(1) falsely makes, forges, counterfeits, mutilates, or alters any driver's license or identification card or instrument purporting to be a driver's license or identification card, with intent that the license or card may be used, ``(2) except by lawful authority, makes a template or similar device from which there may be printed a counterfeit driver's license or identification card, ``(3) obtains or assists in obtaining a driver's license or identification card through willful misrepresentation of identity, presentation of falsified identity documents such as birth certificates or passports, or other fraudulent representation, ``(4) tampers with, alters, or destroys a computer chip embedded in a driver's license or identification card or data contained on the computer chip, or ``(5) except by lawful authority, accesses data contained on a computer chip embedded in a driver's license or identification card, shall be fined under this title, imprisoned not more than 20 years, or both.''. (b) Clerical Amendment.--The table of chapters at the beginning of part I of title 18, United States Code, is amended by adding at the end the following: ``127. State drivers' licenses and identification cards..... 2731''. SEC. 5. INNOVATIVE USES PILOT PROGRAM. (a) In General.--The National Science Foundation may make grants to States for the implementation of programs that utilize computer chips embedded in drivers' licenses and identification cards (as such terms are defined in section 165 of title 23, United States Code) for innovative uses that enhance government services. (b) Innovative Uses.--The innovative uses referred to in subsection (a) may include the issuance of food stamps, voter registration, and other digital government applications that streamline and simplify State services to residents, including uses authorized under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.). (c) Federal Share.--The Federal share of the cost of activities funded using amounts from a grant received under this section shall not exceed 50 percent. (d) Authorization of Appropriations.--There is authorized to be appropriated for making grants under this section $15,000,000. Such sums shall remain available until expended.

Driver's License Modernization Act of 2002 - Amends Federal highway provisions to require each State, within five years, to have in effect a driver's license and identification card program under which a State shall: (1) include in each new or renewed license or card a computer chip containing card or license text data in electronic form, biometric data on the license or card holder, and security features or optical image layers to assist in visual verification that the license or card is valid; (2) obtain and maintain such biometric data; (3) participate in a program to link State motor vehicle databases electronically; and (4) implement procedures for accurately documenting the identity and residence of an individual before issuing a license or card.Authorizes grants to each State: (1) by the Secretary of Transportation to assist in developing and implementing such program and computer technologies and databases required to link State motor vehicle databases; and (2) the National Science Foundation for implementing programs that utilize such embedded computer chips for innovative uses that enhance government services.Sets forth requirements regarding transition from the National Driver Register.Prohibits forgery or false use of, tampering with, or unlawfully accessing data in a driver's license or identification card.

To amend title 23, United States Code, to establish standards for State programs for the issuance of drivers' licenses and identification cards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pakistan Proliferation Accountability Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Dr. Abdul Qadeer Khan, former director of the A.Q. Khan Research Laboratory in Pakistan and Special Adviser to the Prime Minister on the Strategic Programme with the status of a federal minister, established and operated an illegal international network which sold nuclear weapons and related technologies to a variety of countries. (2) The illegal international nuclear proliferation network established by Dr. Khan provided North Korea with complete uranium enrichment centrifuges and designs and a list of components necessary to manufacture additional uranium enrichment centrifuges. (3) Documents provided by the Government of Libya to the Government of the United States and the International Atomic Energy Agency (IAEA) indicate that the illegal international nuclear proliferation network established by Dr. Khan provided Libya with designs for a nuclear weapon, as well as for uranium enrichment centrifuges. (4) In March 2005, the Government of Pakistan acknowledged that the illegal international nuclear proliferation network established by Dr. Khan provided uranium enrichment centrifuges to Iran. (5) The Government of the United States still does not know the entire extent of the activities of the illegal international nuclear proliferation network established by Dr. Khan and the Government of Pakistan has not provided any opportunity for the United States Government to interview Dr. Khan directly. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Government of the United States has an interest in knowing the full extent of the illegal international nuclear proliferation network established and operated by the Pakistani nuclear scientist, Dr. Abdul Qadeer Khan, which sold nuclear weapons and related technologies to a variety of countries; and (2) in order to ensure that the illegal international nuclear proliferation network established by Dr. Khan has been dismantled, Dr. Khan should give a full accounting of the activities and participants of the network to the United States Government. SEC. 4. PROHIBITION ON UNITED STATES MILITARY ASSISTANCE TO PAKISTAN. (a) Prohibition.--No United States military assistance may be provided to Pakistan and no military equipment or technology may be sold, transferred, or licensed for sale to Pakistan pursuant to the authorities contained in the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other Act unless the President first certifies to the appropriate congressional committees that-- (1) the Government of Pakistan has provided the Government of the United States with unrestricted opportunities to interview the Pakistani nuclear scientist, Dr. Abdul Qadeer Khan, regarding the illegal international nuclear proliferation network established and operated by Dr. Khan; (2) the Government of Pakistan has complied with requests for assistance from the International Atomic Energy Agency (IAEA) regarding the illegal international nuclear proliferation network, including by providing requested documents, materials, equipment, and access to individuals; and (3) the Government of the United States-- (A) has determined the full scope of the activities and participants of the illegal international nuclear proliferation network; (B) has determined the nature and extent of the illegal international nuclear proliferation network's connection to al Qaeda and Osama bin Laden; and (C) in conjunction with the International Atomic Energy Agency, has confirmed that the illegal international nuclear proliferation network has been completely dismantled. (b) Inapplicability of Certain Provisions.--The prohibition contained in subsection (a) does not apply to any assistance or transfer for the purposes of any of the provisions of law specified in subparagraphs (A) through (D) of section 620E(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2375(e)(2)). (c) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

Pakistan Proliferation Accountability Act of 2005 - Expresses the sense of Congress that: (1) the U.S. Government has an interest in knowing the full extent of the illegal international nuclear proliferation network established and operated by the Pakistani nuclear scientist, Dr. Abdul Qadeer Khan; and (2) Dr. Khan should give the U.S. Government a full accounting of such network. Prohibits U.S. military assistance to Pakistan until the President certifies to the appropriate congressional committees that: (1) the Government of Pakistan has provided the United States with unrestricted opportunities to interview Dr. Khan, and has complied with International Atomic Energy Agency (IAEA) requests regarding such network; and (2) the U.S. Government has determined such network's full scope of activities and participants, determined the nature of its connection to al Qaeda and Osama bin Laden, and, in conjunction with the IAEA, has confirmed its dismantling.

To prohibit the provision of United States military assistance and the sale, transfer, or licensing of United States military equipment or technology to Pakistan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Katrina Assistance Tax Relief Incentives for Necessities Act of 2005'' or the ``KATRINA Act of 2005''. SEC. 2. HURRICANE KATRINA DISASTER VICTIMS MADE MEMBERS OF TARGETED GROUPS UNDER WORK OPPORTUNITY TAX CREDIT. (a) In General.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 (defining generally members of targeted group) is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by inserting after subparagraph (H) the following new subparagraph: ``(I) a Hurricane Katrina disaster victim.''. (b) Qualified Disaster Victim.--Subsection (d) of section 51 of such Code (relating to members of targeted groups) is amended by redesignating paragraphs (10), (11), and (12) as paragraphs (11), (12), and (13), respectively, and by inserting after paragraph (9) the following new paragraph: ``(10) Hurricane katrina disaster victim.--The term `Hurricane Katrina disaster victim' means an individual who is certified by the designated local agency as being a eligible to receive assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina.''. (c) Termination.--Subparagraph (B) of section 51(c)(4) of such Code is amended by inserting ``(2006 in the case of a Hurricane Katrina disaster victim)'' before the period. (d) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after August 28, 2005. SEC. 3. HURRICANE KATRINA DISPLACED RESIDENT CREDIT. (a) In General.--Subpart A of of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. HURRICANE KATRINA DISPLACED RESIDENT CREDIT. ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to all qualified displaced persons residing without charge with the taxpayer in the principal residence of the taxpayer an amount equal to the applicable percentage of $1,000. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is the ratio (expressed as a percentage) which-- ``(A) the number of days the qualified displace persons reside without charge with the taxpayer in the principal residence of the taxpayer during the taxable year, bears to ``(B) 360. ``(b) Limitations.-- ``(1) Limitation based on adjusted gross income.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $110,000 in the case of a joint return, ``(B) $75,000 in the case of an individual who is not married, and ``(C) $55,000 in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. ``(3) Limitation based on amount of tax.-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section and sections 23 and 25B) and section 27 for the taxable year. ``(c) Qualified Displaced Person.--For purposes of this section, the term `qualified displaced person' means, with respect to any taxpayer for any taxable year, any individual-- ``(1) who is displaced by reason of Hurricane Katrina, and ``(2) who, after such displacement, resides with the taxpayer without charge for not less than 90 days. Such term shall not include the spouse or any dependent of the taxpayer. ``(d) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualified displaced person unless the taxpayer includes the name and taxpayer identification number of such qualified displaced person on the return of tax for the taxable year. ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. ``(f) Termination.--This section shall not apply to taxable years beginning after December 31, 2006.''. (b) Clerical Amendment.--The table of sections for subpart A of of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 25E. Hurricane Katrina displaced resident credit.''. SEC. 4. HOME PURCHASE BY VICTIMS OF HURRICANE KATRINA. (a) In General.--Subpart A of of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25E the following new section: ``SEC. 25F. HOME PURCHASE BY INDIVIDUALS DISPLACED BY HURRICANE KATRINA. ``(a) Allowance of Credit.--In the case of an eligible homebuyer who purchases a principal residence in the Hurricane Katrina disaster area, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to so much of the purchase price of the residence as does not exceed $5,000. ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount allowable as a credit under subsection (a) (determined without regard to this subsection and subsection (d)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the credit so allowable as-- ``(A) the excess (if any) of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $70,000 ($110,000 in the case of a joint return), bears to ``(B) $20,000. ``(2) Modified adjusted gross income.--For purposes of paragraph (1), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(c) Eligible Homebuyer.--For purposes of this section-- ``(1) In general.--The term `eligible homebuyer' means any individual if-- ``(A) on August 29, 2005, the principal place of abode of such individual (and if married, such individual's spouse) was located in the Hurricane Katrina disaster area, and such principal place of abode was rendered uninhabitable by Hurricane Katrina, and ``(B) the principal residence for which the credit is allowed under subsection (a) is located in the same State as such principal place of abode. ``(2) One-time only.--If an individual is allowed a credit under this section with respect to any principal residence, such individual may not be allowed a credit under this section with respect to any other principal residence. ``(3) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(d) Carryover of Credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section and sections 23, 24, 25B, and 1400C) such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Hurricane katrina disaster area.--The term `Hurricane Katrina disaster area' means an area determined by the President to warrant assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina. ``(2) Allocation of dollar limitation.-- ``(A) Married individuals filing separately.--In the case of a married individual filing a separate return, subsection (a) shall be applied by substituting `$2,500' for `$5,000'. ``(B) Other taxpayers.--If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $5,000. ``(3) Purchase.-- ``(A) In general.--The term `purchase' means any acquisition, but only if-- ``(i) the property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267(b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only his spouse, ancestors, and lineal descendants), and ``(ii) the basis of the property in the hands of the person acquiring it is not determined-- ``(I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or ``(II) under section 1014(a) (relating to property acquired from a decedent). ``(B) Construction.--A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer on the date the taxpayer first occupies such residence. ``(4) Purchase price.--The term `purchase price' means the adjusted basis of the principal residence on the date such residence is purchased. ``(f) Reporting.--If the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e)(5) shall not apply. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(h) Application of Section.--This section shall apply to property purchased after August 28, 2005, and before January 1, 2007.''. (b) Conforming Amendment.--Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 25F(g).''. (c) Clerical Amendment.--The table of sections for subpart A of of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25E the following new item: ``Sec. 25F. Home purchase by individuals displaced by Hurricane Katrina.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 5. RELIEF THROUGH LOW-INCOME HOUSING CREDIT RELATING TO HURRICANE KATRINA. (a) Increase in Housing Credit Dollar Amount.--For purposes of determining the State housing credit ceiling of the States of Alabama, Louisiana, and Mississippi for 2006 and 2007, section 42(h)(3)(C)(ii)(I) of the Internal Revenue Code of 1986 shall be applied by substituting ``$3.70'' for ``$1.75''. (b) Authority to Waive Percentage Limitation to Treat Hurricane Katrina Disaster Areas as Difficult Development Areas.--In the case of taxable years beginning in 2005, 2006, and 2007, any area in the State of Alabama, Florida, Louisiana, or Mississippi located within the area determined by the President to warrant assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina shall be treated as a difficult development area for purposes of section 42(d)(5)(C) of the Internal Revenue Code of 1986, notwithstanding the percentage limitation in clause (iii)(II) of such section. (c) Waiver of Full Subscription Requirement.--In the case of the States of Alabama, Florida, Louisiana, and Mississippi for 2005, 2006, and 2007, section 42(h)(3)(D) of such Code shall be applied without regard to clause (iv)(I) of such section.

Katrina Assistance Tax Relief Incentives for Necessities Act of 2005 or the KATRINA Act of 2005 - Amends the Internal Revenue Code to: (1) designate Hurricane Katrina disaster victims as members of a targeted group for purposes of the work opportunity tax credit; (2) allow a tax credit, up to $1,000 annually, for individuals who house Hurricane Katrina disaster victims free of charge; (3) allow a tax credit, up to $5,000, for Hurricane Katrina disaster victims who purchase a principal residence in the Hurricane Katrina disaster area; and (4) increase the per capita housing credit ceiling for the low-income housing tax credit for Alabama, Louisiana, and Mississippi for 2006 and 2007 (from $1.75 to $3.70 multiplied by the state's population) and to waive certain requirements for such credit.

To amend the Internal Revenue Code of 1986 to provide tax relief to victims of Hurricane Katrina.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preserving Access to Healthcare (PATH) 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. Temporary non-application of Medicare phased-out indirect medical education adjustment factor. Sec. 3. Delay in implementation of Medicaid outpatient hospital services regulation. Sec. 4. Delay in phase out of the Medicare hospice budget neutrality adjustment factor. Sec. 5. Treatment of certain Medicaid family demonstration project. Sec. 6. Delay in implementation of certain provisions relating to Medicare rural health clinics and federally qualified health centers. Sec. 7. Mandatory State use of National Correct Coding Initiative. Sec. 8. Medicaid Improvement Fund technical correction. Sec. 9. Funding for the Medicare Improvement Fund. SEC. 2. TEMPORARY NON-APPLICATION OF MEDICARE PHASED-OUT INDIRECT MEDICAL EDUCATION ADJUSTMENT FACTOR. (a) In General.--Notwithstanding any other provision of law, during the period beginning on October 1, 2008, and ending on March 31, 2009, section 412.322 of title 42, Code of Federal Regulations, shall be applied without regard to paragraph (c) of such section. (b) No Effect on Subsequent Periods.--Nothing in subsection (a) shall be construed as having any effect on the application of section 412.322 of title 42, Code of Federal Regulations, after March 31, 2009. SEC. 3. DELAY IN IMPLEMENTATION OF MEDICAID OUTPATIENT HOSPITAL SERVICES REGULATION. Notwithstanding any other provision of law, during the 6-month period that begins on the date of enactment of this Act, the Secretary of Health and Human Services shall not finalize or otherwise implement provisions contained in the proposed rule published on September 28, 2007, on pages 55158 through 55166 of volume 72, Federal Register (relating to parts 440 and 447 of title 42, Code of Federal Regulations). SEC. 4. DELAY IN PHASE OUT OF THE MEDICARE HOSPICE BUDGET NEUTRALITY ADJUSTMENT FACTOR. Notwithstanding any other provision of law, including the provisions contained in the final rule published on August 8, 2008, on pages 46464 through 46522 of volume 73, Federal Register (relating to part 418 of title 42, Code of Federal Regulations), the Secretary of Health and Human Services shall not phase out or eliminate the budget neutrality adjustment factor in the Medicare hospice wage index prior to April 1, 2009. SEC. 5. TREATMENT OF CERTAIN MEDICAID FAMILY DEMONSTRATION PROJECT. The Secretary of Health and Human Services, acting through the Administer of the Centers for Medicare & Medicaid Services and upon the request of the State of California, shall extend approval, and full Federal financial participation, of the State's Medicaid family planning demonstration project, which was approved under a waiver pursuant to section 1115 of the Social Security Act, until June 30, 2009, under the eligibility requirements and processes that were in place for such project as of the date before the first extension period for such project. SEC. 6. DELAY IN IMPLEMENTATION OF CERTAIN PROVISIONS RELATING TO MEDICARE RURAL HEALTH CLINICS AND FEDERALLY QUALIFIED HEALTH CENTERS. Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not, prior to April 1, 2009, take any action (through promulgation of regulation, issuance of regulatory guidance, or other administrative action) to-- (1) finalize or otherwise implement provisions contained in the proposed rule published on June 27, 2008, on pages 36696 through 36719 of volume 73, Federal Register, that relate to-- (A) decertifying rural health clinics under the Medicare program under title XVIII of the Social Security Act that are determined to no longer be in nonurbanized areas; and (B) changes in the payment methodology for rural health clinics and federally qualified health centers under the Medicare program as described in sections 405.2410 and 405.2466(b)(1)(iii) of title 42, Code of Federal Regulations; or (2) promulgate or implement any rule or provisions similar to the provisions described in paragraph (1). SEC. 7. MANDATORY STATE USE OF NATIONAL CORRECT CODING INITIATIVE. (a) In General.--Section 1903(r) of the Social Security Act (42 U.S.C. 1396b(r)) is amended-- (1) in paragraph (1)(B)-- (A) in clause (ii), by striking ``and'' at the end; (B) in clause (iii), by adding ``and'' after the semicolon; and (C) by adding at the end the following new clause: ``(iv) effective for claims filed on or after October 1, 2009, incorporate compatible methodologies of the National Correct Coding Initiative administered by the Secretary (or any successor initiative to promote correct coding and to control improper coding leading to inappropriate payment) and such other methodologies of that Initiative (or such other national correct coding methodologies) as the Secretary identifies in accordance with paragraph (3);''; and (2) by adding at the end the following new paragraph: ``(3) Not later than September 1, 2009, the Secretary shall do the following: ``(A) Identify those methodologies of the National Correct Coding Initiative administered by the Secretary (or any successor initiative to promote correct coding and to control improper coding leading to inappropriate payment) which are compatible to claims filed under this title. ``(B) Identify those methodologies of such Initiative (or such other national correct coding methodologies) that should be incorporated into claims filed under this title with respect to items or services for which States provide medical assistance under this title and no national correct coding methodologies have been established under such Initiative with respect to title XVIII. ``(C) Notify States of-- ``(i) the methodologies identified under subparagraphs (A) and (B) (and of any other national correct coding methodologies identified under subparagraph (B)); and ``(ii) how States are to incorporate such methodologies into claims filed under this title. ``(D) Submit a report to Congress that includes the notice to States under subparagraph (C) and an analysis supporting the identification of the methodologies made under subparagraphs (A) and (B).''. (b) Extension for State Law Amendment.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendment made by subsection (a)(1)(C), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of 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 the session is considered to be a separate regular session of the State legislature. SEC. 8. MEDICAID IMPROVEMENT FUND TECHNICAL CORRECTION. (a) In General.--Section 1941(b)(1)(B) of the Social Security Act, as added by section 7002(b) of the Supplemental Appropriations Act, 2008, is amended by inserting ``each of'' after ``for''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Supplemental Appropriations Act, 2008 (Public Law 110-252). SEC. 9. FUNDING FOR THE MEDICARE IMPROVEMENT FUND. Section 1898(b)(1) of the Social Security Act, as added by section 7002(a) of the Supplemental Appropriations Act, 2008 (Public Law 110- 252) and as amended by section 188(a)(2) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110-275) and by section 6 of the QI Program Supplemental Funding Act of 2008, is amended by striking ``$2,290,000,000'' and inserting ``$2,590,000,000''.

Preserving Access to Healthcare (PATH) Act of 2008 - Declares that between October 1, 2008, and March 31, 2009, specified regulations regarding the formula for determining the federal rate for inpatient hospital capital-related costs under the Medicare prospective payment system (PPS) shall apply without the mandatory phase out of the indirect medical education adjustment factor. Directs the Secretary of Health and Human Services to delay for six months following enactment of this Act any implementation of the Medicaid outpatient hospital services regulation proposed on September 28, 2007. Prohibits the Secretary from phasing out or eliminating the Medicare hospice wage index budget neutrality adjustment factor before April 1, 2009. Directs the Secretary, acting through the Administrator of the Centers for Medicare and Medicaid Services and upon the request of the state of California, to extend approval, and full federal financial participation, of the state's Medicaid family planning demonstration project until June 30, 2009, under the eligibility requirements and processes that were in place before the project's first extension period. Directs the Secretary to delay until April 1, 2009, implementation of a proposed rule published on June 27, 2008 (or any similar rule), relating to: (1) decertification of rural health clinics under the Medicare program that are no longer in nonurbanized areas; and (2) changes in the Medicare payment methodology for rural health clinics and federally qualified health centers. Amends title XIX (Medicaid) of the Social Security Act, with regard to mechanized claims processing and information retrieval systems, to require states to incorporate compatible methodologies of the National Correct Coding Initiative for claims filed after October 1, 2009. Directs the Secretary to identify such methodologies. Amends title XVIII (Medicare) of the Social Security Act to increase funding for the Medicare Improvement Fund.

A bill to preserve access to healthcare under the Medicare and Medicaid programs.

SECTION 1. SHORT TITLE. This Act may be cited as ``Women, Children, and Infant Tsunami Victim Relief Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 150,000 people were killed as a result of the December 26, 2004, tsunami in Southeast Asia and more than 5,000,000 have been directly affected. (2) Approximately 150,000 women in the three most affected countries in the region are pregnant, and many are facing complications related to their pregnancies, including trauma- induced miscarriage and the need for urgent medical and nutritional support. (3) The Indonesian Midwife's Association estimates that 30 percent of its 5,500 members died in the tsunami. Under normal conditions, approximately 15 percent of pregnancies in Indonesia require urgent assistance from midwives or doctors to ensure the health and survival of the babies and mothers. (4) In disaster situations, health care systems crumble when they are most needed, especially by pregnant women. Emergency relief tends to focus on providing food and shelter, clearing roads, and maintaining security, to the exclusion of helping women in labor find a safe, clean place to deliver their babies, or on meeting the special nutrition and care needs of such women. (5) Maternity hospitals, women's health clinics, and other infrastructure for providing health services to women, including infrastructure related to providing maternal health assistance, ensuring safe delivery of babies, providing contraceptives and emergency obstetric care, and preventing sexually transmitted diseases, have been destroyed by the tsunami. In Sri Lanka, four of eight maternity clinics on the east coast were destroyed and the other four were greatly damaged. The Galle Teaching Hospital in Galle, Sri Lanka, relocated its 379 patients to another facility on higher ground. Although the hospital lost only one infant in the transition, the new facility has only 70 beds compared with the 415 beds the hospital had. (6) Even before the tsunami, one woman died every minute somewhere in the world from complications related to pregnancy. Too often during disaster situations safe blood supplies, equipment for anesthesia, transfusions and caesarean sections, and trained personnel to save those women's lives are unavailable. In disaster situations, the death toll rises steadily until such supplies and personnel can be located and brought in to the affected area. (7) Violence against women, including rape, gang rape, molestation and physical abuse during rescue operations and in temporary shelters has been reported. (8) The Women and Media Collective Group in Sri Lanka has issued a written appeal for public attention to ``serious issues concerning the safety and well-being of women which have not been addressed so far in relief efforts''. (9) The United Nations Population Fund (UNFPA) has extensive experience and existing programs dedicated to delivering maternal and child health care, ensuring safe delivery of babies, ensuring adequate reproductive health, providing contraceptive supplies and services, and providing other critically needed types of assistance in Indonesia, the Maldives, and Sri Lanka. (10) The UNFPA has extensive experience and the requisite capacity to address the needs and alleviate the suffering of victims of natural and man-made disasters. (11) In 2001, the Bush Administration provided $600,000 in additional humanitarian relief support to the UNFPA to address the immediate need for emergency reproductive health needs of Afghan women refugees who were fleeing Afghanistan. This support was used to improve maternal and child health services, including providing hygiene kits, safe delivery kits, and cribs for newborns. (12) The UNFPA has a long and proven track record in responding quickly and effectively in providing the necessary supplies and technical support to address reproductive health needs in humanitarian crises including in Sudan, Eritrea, Kosovo, and Sierra Leone. (13) The UNFPA has made an urgent appeal to donor countries to raise $28,000,000 to provide relief to women in Indonesia, the Maldives, and Sri Lanka. SEC. 3. ASSISTANCE TO TSUNAMI VICTIMS. (a) Authorization of Assistance.--Pursuant to the authorization of appropriations under subsection (b), the Secretary of State shall make available funding to the United Nations Population Fund (UNFPA) to provide assistance to tsunami victims in Indonesia, the Maldives, and Sri Lanka. Funding provided to the UNFPA shall be used to-- (1) provide and distribute equipment, including safe delivery kits and hygiene kits, medicines, and supplies, including soap and sanitary napkins, to ensure safe childbirth and emergency obstetric care and to prevent the transmission of HIV/AIDS; (2) reestablish maternal health services in areas where medical infrastructure and such services have been destroyed by the tsunami; (3) prevent and treat cases of violence against women and youth; (4) offer psychological support and counseling to women and youth; and (5) promote the access of unaccompanied women and other vulnerable people to vital services, including access to water, sanitation facilities, food, and health care. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of State $3,000,000 to provide the assistance described in subsection (a).

Women, Children, and Infant Tsunami Victim Relief Act of 2005 - Directs the Secretary of State to make funding available to the United Nations Population Fund (UNFPA) for tsunami victims in Indonesia, the Maldives, and Sri Lanka. States that such assistance shall be used to: (1) ensure safe childbirth and emergency obstetric care and to prevent HIV/AIDS transmission; (2) reestablish maternal health services; (3) prevent and treat cases of violence against women and youth; (4) offer psychological support and counseling to women and youth; and (5) promote access of unaccompanied women and other vulnerable people to vital services.

To provide financial assistance to the United Nations Population Fund to provide urgent medical and health care to tsunami victims in Indonesia, the Maldives, and Sri Lanka.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Suspicious Activity Reporting Initiative Act''. SEC. 2. ENHANCING DEPARTMENT OF HOMELAND SECURITY SUSPICIOUS ACTIVITY REPORTING OPERATIONS. (a) Strategy Required.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with other appropriate Federal officials, shall develop a strategy to improve the operations and activities of the Department of Homeland Security related to training, outreach, and information sharing for suspicious activity reporting to prevent acts of terrorism. (b) Contents of Strategy.--The strategy required under subsection (a) shall include the following: (1) A description and examples of the types of information that would meet the definition of critical information for the purpose of suspicious activity reporting as well as information, including information associated with racial, religious or national origin, that would not meet the definition of critical information. (2) Training for appropriate personnel of State and major urban area fusion centers, emergency response providers, and, as appropriate, the private sector on-- (A) methods for identifying, analyzing, and disseminating critical information, including the indicators of terrorism; (B) methods to protect privacy and civil liberties, including preventing racial, religious, or national origin discrimination; and (C) response protocols for submitting suspicious activity reports. (3) Methods to improve outreach to appropriate State and major urban area fusion centers, emergency response providers, and the private sector related to suspicious activity reporting to prevent acts of terrorism. (4) A plan to ensure that critical information is shared in a timely manner with State and major urban area fusion centers, emergency response providers, and the private sector, as appropriate, including nationwide trend analysis and other information related to terrorist threats. (5) Methods to measure the effectiveness of the activities conducted under the strategy with respect to improving the operations and activities of the Department related to training, outreach, and information sharing to prevent acts of terrorism that have been validated through peer-reviewed empirical studies to the extent practicable. (c) Working Group Recommendations.--In developing the strategy required under subsection (a) the Secretary shall take into consideration the recommendations of the working group established under section 3. (d) Congressional Notification.--Not less than 30 days before the release of the strategy required pursuant to subsection (a), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a notification of the release of the strategy and a copy of the strategy. Such notification shall include the recommendations provided by the working group established under section 3 and how such recommendations were incorporated into the strategy. SEC. 3. SUSPICIOUS ACTIVITY REPORTING WORKING GROUP. (a) Establishment.-- (1) In general.--The Secretary of Homeland Security shall establish a working group on suspicious activity reporting. (2) Department liaisons.--The Secretary shall appoint as liaisons to the working group-- (A) the Chief Privacy Officer of the Department of Homeland Security; (B) the Officer for Civil Rights and Civil Liberties of the Department; and (C) such other officials of the Department as the Secretary determines appropriate. (b) Responsibilities.--The working group established under subsection (a) shall carry out the following responsibilities: (1) Provide advice to the Secretary regarding improvements to the operations and activities related to suspicious activity reporting to prevent acts of terrorism. (2) At the request of the Secretary, for purposes of section 2(c), develop recommendations to improve suspicious activity reporting to prevent acts of terrorism with respect to-- (A) outreach to relevant stakeholders; (B) information sharing; (C) protecting personally identifiable information; (D) protecting the privacy, civil rights, and civil liberties of individuals who report suspicious activity and individuals who are the subjects of such reports; (E) preventing racial, religious, or national origin discrimination; (F) training for emergency response providers and the private sector; and (G) other matters, as determined by the Secretary. (c) Working Group Membership.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall seek the voluntary participation of not more than 20 individuals representing at least 12 diverse regions of the United States to serve as members of the working group. Members of the working group shall serve without pay. The Secretary shall seek to ensure that the working group includes members who are representatives from each of the following: (1) State and major urban area fusion centers. (2) State, local, tribal, and territorial law enforcement agencies. (3) Firefighters. (4) Emergency medical services. (5) Private sector security professionals. (6) Nongovernmental privacy and civil liberty organizations. (7) Any other group the Secretary determines appropriate. (d) Congressional Briefing.--Upon request, the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a briefing on the operations and activities of the Department of Homeland Security related to training, outreach, and information sharing for suspicious activity reporting to prevent acts of terrorism, including copies of materials developed under this section. (e) Termination.--The working group under this section shall terminate on the date that is 2 years after the date of the enactment of this Act, except that the Secretary may extend such working group if the Secretary determines necessary. (f) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under this section. Passed the House of Representatives June 25, 2018. Attest: KAREN L. HAAS, Clerk.

Enhancing Suspicious Activity Reporting Initiative Act (Sec. 2) This bill directs the Department of Homeland Security (DHS) to: (1) develop a strategy, by one year after this bill's enactment, to improve its operations and activities related to training, outreach, and information sharing for suspicious activity reporting to prevent acts of terrorism; (2) establish a working group to advise it on suspicious activity reporting; and (3) provide a briefing to the congressional homeland security committees on its operations and activities related to suspicious activity reporting.

Enhancing Suspicious Activity Reporting Initiative Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Make Provisional Ballots Count Act 2008'' SEC. 2. SAME-DAY VOTER RE-REGISTRATION FOR INDIVIDUALS PERMITTED TO CAST PROVISIONAL BALLOTS. (a) In General.--Section 302(a) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)) is amended-- (1) in the matter preceding paragraph (1) by striking ``such individual shall be permitted to cast a provisional ballot as follows'' and inserting the following: ``such individual shall be permitted to re-register to vote in the election and all other elections for Federal office for which ballots are cast at the polling place, in accordance with section 303(d), or (at the option of the individual) shall be permitted to cast a provisional ballot as follows:''; and (2) in paragraph (1), by striking the period at the end and inserting the following: ``, or (at the option of the individual) may re-register to vote in all elections for Federal office at which ballots are cast at the polling place.''. (b) Voter Re-Registration Procedures Described.--Section 303 of such Act (42 U.S.C. 15483) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Permitting Certain Individuals To Re-Register To Vote at Polling Place on Date of Election.-- ``(1) In general.--At each polling place in a State at which ballots are cast in an election for Federal office, an individual who is permitted to cast a provisional ballot under section 302 may, at the option of the individual, re-register to vote on the date of the election, and may cast a regular ballot instead of a provisional ballot at the polling place in the election, if the individual meets each of the following requirements: ``(A) The individual completes an application for voter registration in accordance with the requirements of this Act and other applicable law. ``(B) The individual provides the appropriate election official at the polling place with evidence of the individual's current address by-- ``(i) presenting the official with a current and valid photo identification which includes the individual's current address; ``(ii) presenting the official with a current and valid photo identification which does not include the individual's current address, together with a utility bill for the individual which includes the individual's current address and which is due not later than 30 days after the date of the election; or ``(iii) providing the official with such other evidence as the State or jurisdiction involved considers sufficient. ``(C) The individual executes a written affirmation before an election official at the polling place stating under penalty of perjury that the individual is eligible to register to vote in the jurisdiction in which the individual desires to vote and has not already voted in the election. ``(2) Notice from election official.--At the time an individual executes the written affirmation required under paragraph (1)(C), the appropriate election official at the polling place shall notify the individual that it is a crime to make false representations in registering to vote in elections for Federal office. ``(3) Transmittal of completed applications to state election official.--The appropriate official at the polling place shall transmit all applications to re-register to vote which are submitted at the polling place under this subsection to the appropriate State election official at the time the official at the polling place transmits the ballots cast at the polling place to the official. ``(4) Requirements under national voter registration act of 1993.--In carrying out this subsection, a polling place in a State shall meet the requirements applicable to a voter registration agency designated by the State under section 7(a)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-5(a)(2)), except that clauses (i), (ii), and (iii) of section 7(a)(6)(B) of such Act (42 U.S.C. 1973gg- 5(a)(6)(B)) shall not apply with respect to any of the voter registration forms distributed by the polling place pursuant to this subsection.''. (c) Inclusion in Voting Information Requirements.--Section 302(b)(2) of such Act (42 U.S.C. 14582(b)(2)) is amended-- (1) in subparagraph (E), by inserting ``and the right to re-register to vote at the polling place on the date of an election and vote in that election'' after ``provisional ballot''; (2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G); and (3) by inserting after subparagraph (D) the following new subparagraph: ``(E) instructions for individuals re-registering to vote at the polling place under section 303(d);''. (d) Effective Date.--Section 303(e) of such Act (42 U.S.C. 15483(e)), as redesignated by subsection (b), is amended by adding at the end the following new paragraph: ``(3) Requirement for voter re-registration on date of election.--Each State and jurisdiction shall be required to comply with the requirements of subsection (d) with respect to the regularly scheduled general election for Federal office held in November 2008 and each succeeding election for Federal office.''. SEC. 3. UNIFORM STANDARD FOR TREATMENT OF PROVISIONAL BALLOTS CAST AT INCORRECT POLLING PLACES. (a) In General.--Section 302(a)(4) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(4)) is amended to read as follows: ``(4) The provisional ballot of an individual who is a registered voter in a jurisdiction in a State and who is eligible to vote in an election for Federal office in the State shall be counted as a vote in such an election if the appropriate State or local election official to whom the ballot or voter information is transmitted under paragraph (3)-- ``(A) in the case of an election for electors for President or for the office of a Senator, determines that the individual is registered to vote in the State in which the provisional ballot is cast; and ``(B) in the case of an election for the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress), determines that the individual is registered to vote in the Congressional district in which the provisional ballot is cast.''. (b) Responsibility of Election Official To Notify Individual of Determination of Eligibility of Ballot.-- (1) In general.--Section 302(a)(5) of such Act (42 U.S.C. 15482(a)(5)) is amended to read as follows: ``(5)(A) Not later than 24 hours after determining whether or not the vote of an individual who casts a provisional ballot in an election will be counted in that election under this Act, the appropriate State or local election official shall notify the individual of the determination and (if the determination is made that the vote will not be counted) the reasons for the determination and the individual's right to challenge the determination under the procedures established under subparagraph (B). ``(B) Each State shall establish procedures, including a free access system (such as a toll-free telephone number or an Internet website), under which an individual who casts a provisional ballot in an election and who is notified by the appropriate State or local election official that the provisional ballot cast by the individual will not be counted as a vote in the election may challenge the determination prior to the final tabulation of ballots in the election. ``(C) In carrying out subparagraph (B), each State shall ensure that, in each jurisdiction of the State, an appropriate State or local election official operates open office hours for at least 8 hours on the day after the date of the election, during which a voter who cast a provisional ballot in the election may contact the official and challenge the determination under the procedures established under subparagraph (B).''. (2) Conforming amendment.--Section 302(a) of such Act (42 U.S.C. 15482(a)) is amended in the matter following paragraph (5) by striking ``The appropriate State or local official'' and all that follows through ``paragraph (5)(B).''. (c) Effective Date.--Section 302(d) of such Act (42 U.S.C. 15482(d)) is amended to read as follows: ``(d) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2004. ``(2) Delayed effective date for certain provision.--To the extent that any provision of this section was amended by the Make Provisional Ballots Count Act of 2008, such provision shall apply with respect to the regularly scheduled general election for Federal office held in November 2008 and each succeeding election for Federal office.''.

Make Provisional Ballots Count Act of 2008 - Amends the Help America Vote Act of 2002 to: (1) permit same-day voter re-registration at polling places on the date of election for individuals permitted to cast provisional ballots; and (2) require counting of provisional ballots cast by individuals determined to be registered to vote in the state or the congressional district, as appropriate.

To amend the Help America Vote Act of 2002 to give individuals who are permitted to cast a provisional ballot in elections for Federal office the option to re-register to vote in such elections at the polling place, to establish a uniform standard for the treatment of provisional ballots cast at incorrect polling places, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Collaborative Academic Research Efforts for Tourette Syndrome Act of 2011''. SEC. 2. PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH RELATING TO TOURETTE SYNDROME. Part B of title IV of the Public Health Service Act is amended by inserting after section 409J (42 U.S.C. 284q) the following: ``SEC. 409K. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES WITH RESPECT TO TOURETTE SYNDROME. ``(a) In General.--The Secretary, acting through the Director of NIH, shall expand, intensify, and coordinate the programs and activities of the National Institutes of Health with respect to Tourette syndrome. ``(b) Data Collection.-- ``(1) System.--In carrying out subsection (a), the Secretary shall develop a system to collect data on Tourette syndrome, including epidemiologic information with respect to the incidence and prevalence of Tourette syndrome in the United States. ``(2) Broad and narrow definitions.--The data collection system under paragraph (1) shall provide for the collection of primary data on Tourette syndrome, including related data on the various conditions known to be comorbid with Tourette syndrome. ``(3) Collection by population and geographical region.-- The data collection system under paragraph (1) shall provide for the collection of data on the availability of medical and social services for individuals with Tourette syndrome and their families and the disaggregation of such data by population and geographical region. ``(c) Centers of Excellence.-- ``(1) In general.--In carrying out subsection (a), the Secretary shall make awards of grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding research on Tourette syndrome. ``(2) Research.--Each center under paragraph (1) shall conduct basic and clinical research into Tourette syndrome. Such research should include investigations into the cause, diagnosis, early detection, prevention, control, and treatment of Tourette syndrome. The centers, as a group, shall conduct research including the fields of developmental neurobiology, genetics, and psychopharmacology. ``(3) Services for patients.-- ``(A) In general.--A center under paragraph (1) may expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. ``(B) Referral and costs.--A program under subparagraph (A) may, in accordance with such criteria as the Secretary may establish, provide to the subjects described in such subparagraph, referrals for health and other services, and such patient care costs as are required for research. ``(C) Availability and access.--The extent to which a center can demonstrate availability and access to clinical services shall be considered by the Secretary in decisions about awarding grants to applicants which meet the scientific criteria for funding under this section. ``(4) Organization of centers.-- ``(A) In general.--A center under paragraph (1) may-- ``(i) use the facilities of a single institution; or ``(ii) be formed from a consortium of cooperating institutions and patient advocacy groups in order to maximize the scope of the center's services and geographic coverage. ``(B) Eligibility requirements.--To be eligible to make facilities so available (as described in subparagraph (A)(i)) or participate in such a consortium (as described in subparagraph (B)), an institution or group shall meet such requirements as the Secretary may prescribe. ``(5) Number of centers; duration of support.-- ``(A) In general.--Subject to the availability of appropriations, the Secretary shall provide for the establishment of not fewer than 4 and not more than 6 centers under paragraph (1). ``(B) Geographical distribution.--The Secretary shall-- ``(i) ensure that each of the centers established under paragraph (1) is located in a different region of the United States than the other such centers; and ``(ii) encourage the formation of such centers from a consortium of entities (as described in paragraph (4)(A)(ii)) covering multiple States. ``(C) Duration.--Support for a center established under paragraph (1) may be provided under this section for a period of not to exceed 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Secretary and if such group has recommended to the Secretary that such period should be extended. ``(d) Research on Symptomology and Treatment.--In carrying out subsection (a), the Secretary shall award grants on a competitive basis for research on-- ``(1) the full range of symptomology within the Tourette syndrome clinical spectrum; and ``(2) the efficacy of treatment options for particular patient subpopulations. ``(e) Funding.--Of the amounts made available to carry out the programs and activities of the National Institutes of Health for a fiscal year, the Secretary shall designate a portion of such amounts for carrying out the programs and activities of the National Institutes of Health with respect to Tourette syndrome.''.

Collaborative Academic Research Efforts for Tourette Syndrome Act of 2011 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH programs and activities regarding Tourette syndrome. Requires the Director to develop a system to collect data on Tourette syndrome, including epidemiological information regarding its incidence and prevalence in the United States, primary data, and data on the availability of medical and social services for individuals with Tourette syndrome and their families. Requires the Director to award grants and contracts to public or nonprofit private entities to pay costs of planning, establishing, improving, and providing basic operating support for between four and six centers of excellence in different regions of the United States to conduct basic and clinical research on Tourette syndrome. Requires the Secretary to designate a portion of the amounts made available to carry out NIH programs and activities for a fiscal year to carry out programs and activities with respect to Tourette syndrome.

To amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the programs and activities of the National Institutes of Health with respect to Tourette syndrome.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Inmate Tax Fraud Prevention Act of 2008''. SEC. 2. DISCLOSURE OF PRISONER RETURN INFORMATION TO FEDERAL BUREAU OF PRISONS. (a) In General.--Subsection (k) of section 6103 of the Internal Revenue Code of 1986 (relating to disclosure of certain return and return information for tax administration purposes) is amended by adding at the end the following new paragraph: ``(10) Disclosure of certain return information of prisoners to federal bureau of prisons.-- ``(A) In general.--Under such procedures as the Secretary may prescribe, the Secretary may disclose to the head of the Federal Bureau of Prisons any return information with respect to individuals incarcerated in Federal prison whom the Secretary has determined may have filed or facilitated the filing of a false return to the extent that the Secretary determines that such disclosure is necessary to permit effective Federal tax administration. ``(B) Restriction on redisclosure.--Notwithstanding subsection (n), the head of the Federal Bureau of Prisons may not disclose any information obtained under subparagraph (A) to any person other than an officer or employee of such Bureau. ``(C) Restriction on use of disclosed information.--Return information received under this paragraph shall be used only for purposes of and to the extent necessary in taking administrative action to prevent the filing of false and fraudulent returns, including administrative actions to address possible violations of administrative rules and regulations of the prison facility. ``(D) Termination.--No disclosure may be made under this paragraph after December 31, 2011.''. (b) Recordkeeping.--Paragraph (4) of section 6103(p) of such Code is amended by striking ``(k)(8)'' both places it appears and inserting ``(k)(8) or (10)''. (c) Evaluation by Treasury Inspector General for Tax Administration.--Paragraph (3) of section 7803(d) of such Code is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``; and'', and by adding at the end the following new subparagraph: ``(C) not later than December 31, 2010, submit a written report to Congress on the implementation of section 6103(k)(10).''. (d) Effective Date.--The amendments made by this section shall apply to disclosures made after December 31, 2008. (e) Annual Reports.--The Secretary of the Treasury shall annually submit to Congress and make publicly available a report on the filing of false and fraudulent returns by individuals incarcerated in Federal and State prisons. Such report shall include statistics on the number of false and fraudulent returns associated with each Federal and State prison. SEC. 3. RESTORATION OF CERTAIN JUDICIAL SURVIVORS' ANNUITIES. (a) In General.--Section 376 of title 28, United States Code, is amended by adding at the end the following: ``(x) In the case of a widow or widower whose annuity under clause (i) or (ii) of subsection (h)(1) is terminated because of remarriage before attaining 55 years of age, the annuity shall be restored at the same rate commencing on the day the remarriage is dissolved by death, divorce, or annulment, if-- ``(1) the widow or widower elects to receive this annuity instead of any other survivor annuity to which such widow or widower may be entitled, under this chapter or under another retirement system for Government employees, by reason of the remarriage; and ``(2) any payment made to such widow or widower under subsection (o) or (p) on termination of the annuity is returned to the Judicial Survivors' Annuities Fund.''. (b) Conforming Amendment.--Section 376(h)(2) of title 28, United States Code, is amended by striking the period at the end and inserting ``, subject to subsection (x).''. (c) Effective Date.-- (1) In general.--This section and the amendments made by this section shall take effect on the first day of the first month beginning at least 30 days after the date of the enactment of this Act and shall apply in the case of a remarriage which is dissolved by death, divorce, or annulment on or after such first day. (2) Limited retroactive effect.-- (A) In general.--In the case of a remarriage which is dissolved by death, divorce, or annulment within the 4-year period ending on the day before the effective date of this section, the amendments made by this section shall apply only if the widow or widower satisfies the requirements of paragraphs (1) and (2) of section 376(x) of title 28, United States Code (as amended by this section) before-- (i) the end of the 1-year period beginning on the effective date of this section; or (ii) such later date as Director of the Administrative Office of the United States Courts may by regulation prescribe. (B) Restoration.--If the requirements of paragraph (1) are satisfied, the survivor annuity shall be restored, commencing on the date the remarriage was dissolved by death, annulment, or divorce, at the rate which was in effect when the annuity was terminated. (C) Lump-sum payment.--Any amounts becoming payable to the widow or widower under this subsection for the period beginning on the date on which the annuity was terminated and ending on the date on which periodic annuity payments resume shall be payable in a lump-sum payment. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Inmate Tax Fraud Prevention Act of 2008 - Amends the Internal Revenue Code to authorize the Secretary of the Treasury to disclose to the head of the Federal Bureau of Prisons tax return information of prisoners whom the Secretary has determined may have filed or facilitated the filing of a false tax return. Prohibits the head of the Federal Bureau of Prisons from disclosing any prisoner tax return information to any person other than an officer or employee of such Bureau. Restricts the use of such tax return information to preventing the filing of false and fraudulent tax returns. Terminates such disclosure authority after December 31, 2011. Imposes recordkeeping and reporting requirements on the Bureau with respect to disclosures of prisoner tax return information. Requires the Secretary to submit an annual report to Congress on the filing of false and fraudulent tax returns by federal and state prisoners and to make such reports available to the public. Requires the Treasury Inspector General for Tax Administration to submit a written report to Congress by December 31, 2010, on the implementation of the authority to disclose prisoner tax return information. Amends the federal judicial code with respect to certain widows and widowers whose judicial survivors' annuities are terminated on account of remarriage before age 55. Requires restoration of such benefits, at the same rate, upon the dissolution of the remarriage by death, divorce, or annulment, if specified requirements are met.

To amend the Internal Revenue Code of 1986 to permit the Secretary of the Treasury to disclose certain prisoner return information to the Federal Bureau of Prisons, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Office for Social Work Research Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Social workers help people overcome some of life's most difficult challenges: poverty, discrimination, abuse, addiction, physical illness, divorce, loss, unemployment, educational problems, disability, and mental illness. They help prevent crises and counsel individuals, families, and communities to cope more effectively with the stresses of everyday life. Professional social workers are found in every facet of community life--in schools, hospitals, mental health clinics, senior centers, elected office, private practices, prisons, the military, corporations, and in numerous public and private agencies that serve individuals and families in need. (2) Social workers focus on the improvement of individual and family functioning and the creation of effective health and mental health prevention and treatment interventions in order for individuals to become more productive members of society. (3) Social workers provide front line prevention and treatment services in the areas of school violence, aging, teen pregnancy, child abuse, domestic violence, juvenile crime, and substance abuse, particularly in rural and underserved communities. (4) Social workers are in a unique position to provide valuable research information on these complex social concerns, taking into account a wide range of social, medical, economic, and community influences from an interdisciplinary, family- centered and community-based approach. (5) Social work research as it relates to the health of individuals sheds light on the behavioral and social determinants of wellness and disease and helps to develop effective interventions for improving health outcomes. SEC. 3. NATIONAL OFFICE OF SOCIAL WORK RESEARCH. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``SEC. 404I. NATIONAL OFFICE OF SOCIAL WORK RESEARCH. ``(a) Establishment.--There is established within the Office of the Director of NIH an office to be known as the Office of Social Work Research (in this section referred to as the `Office'), which shall be headed by a Director (in this section referred to as the `Director') to be appointed by the Director of NIH. ``(b) Purpose of Office.--The general purpose of the Office is the conduct and support of, and dissemination of, targeted research concerning social work methods and outcomes related to problems of significant social concern. The Office shall-- ``(1) promote research and training that is designed to inform social work practices, and otherwise increase the knowledge base which promotes a healthier America; and ``(2) provide policymakers with empirically based research information to enable such policymakers to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency. ``(c) Duties.-- ``(1) In general.--The Director of the Office shall carry out the following: ``(A) Recommend an agenda for conducting and supporting social work research through the national research institutes and centers. The agenda shall provide for a broad range of research, training and education activities, including scientific workshops and symposia to identify social work research opportunities. ``(B) With respect to social work, promote coordination and cooperation among the national research institutes and centers and entities whose research is supported by such institutes. ``(C) If determined appropriate, and in collaboration with the directors of the other relevant institutes and centers of the National Institutes of Health, enter into cooperative agreements with and make grants for centers of excellence on social work in accordance with section 404G. ``(D) Promote the sufficient allocation of the resources of the National Institutes of Health for conducting and supporting social work research. ``(E) Promote and encourage the establishment of a centralized clearinghouse for social work research that will provide understandable information about this research to the public, social service professionals, medical professionals, patients and families. ``(F) Biennially prepare a report that describes the social work research and education activities being conducted or supported through the national research institutes and centers, and that identifies particular projects or types of projects that should in the future be conducted or supported by the national research institutes and centers or other entities in the field of social work research. ``(G) Prepare the annual report of the Director of NIH to Congress concerning social work research conducted by or supported through the national research institutes and centers. ``(2) Principal advisor regarding social work research.-- With respect to social work research, the Director shall serve as the principal advisor to the Director of NIH and shall provide advice to other relevant agencies. The Director shall provide liaison with national and international patient, health and behavioral health and social service organizations concerned with social work research. ``(d) Definitions.--For purposes of this section, the term `social work research' means the study of preventive interventions, treatment of acute psychosocial problems, care and rehabilitation of individuals with severe, chronic difficulties, community development interventions, organizational administration, and the effects of social policy actions on the practice of social work (TFSWR, 1991, p.1). Social work research may cover the entire lifespan, and may be focused at clinical and services and policy issues, focusing on individual, family, group, community or organizational levels of intervention and analysis. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may have been appropriated for fiscal year 2011 for such purpose, and $4,000,000 for each of fiscal years 2012 through 2015.''. SEC. 4. SOCIAL WORK RESEARCH CENTERS OF EXCELLENCE. Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.), as amended by section 3, is further amended by inserting after section 404I the following: ``SEC. 404J. SOCIAL WORK RESEARCH CENTERS OF EXCELLENCE. ``(a) Cooperative Agreements and Grants.-- ``(1) In general.--The Director of the Office of Social Work Research (in this section referred to as the `Director'), in collaboration with the directors of the other relevant institutes and centers of the National Institutes of Health, may enter into cooperative agreements with, and make grants to, public or private nonprofit entities to pay all or part of the cost of planning, establishing, or strengthening, and providing basic operating support for, centers of excellence for clinical and psychosocial research, training in, and demonstration of social work research. ``(2) Policies.--A cooperative agreement or grant under paragraph (1) shall be entered into in accordance with policies established by the Director of NIH. ``(b) Coordination With Other Institutes.--The Director shall coordinate the activities under this section with similar activities conducted by other national research institutes, centers and agencies of the National Institutes of Health, and the Department of Veterans Affairs, the Department of Defense, the Administration for Children and Families, the Department of Justice, the Department of Education, the Department of Housing and Urban Development, to the extent that such institutes, centers and agencies have responsibilities that are related to social work research. ``(c) Uses for Federal Payments Under Cooperative Agreements or Grants.--Federal payments made under a cooperative agreement or grant under subsection (a) may be used for-- ``(1) staffing, administrative, and other basic operating costs, including such patient care costs as are required for research; ``(2) interdisciplinary training for health and social service professionals on research and the use of evidence, with respect to social work research; and ``(3) social work research and demonstration programs. ``(d) Period of Support; Additional Periods.--Support of a center under subsection (a) may be for a period of not to exceed 5 years. Such period may be extended by the Director for additional periods of not to exceed 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may have been appropriated for fiscal year 2011 for such purpose, and $20,000,000 for each of fiscal years 2012 through 2015.''.

National Office for Social Work Research Act - Amends the Public Health Service Act to establish the Office of Social Work Research in the National Institutes of Health (NIH) to conduct, support, and disseminate targeted research concerning social work methods and outcomes related to problems of significant social concern. Requires the Office to: (1) promote research and training to inform social work practices, and (2) provide policymakers with research to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency. Sets forth duties of the Director of the Office, which shall include: (1) recommending an agenda for conducting and supporting social work research through the national research institutes and centers; (2) promoting coordination and cooperation among such institutes and centers; (3) promoting the sufficient allocation of NIH resources for such research; and (4) promoting and encouraging the establishment of a centralized clearinghouse for social work research to provide understandable information about this research to the public, social service professionals, medical professionals, patients, and families. Requires the Director to serve as the principal adviser to the Director of NIH and to provide advice to other relevant agencies. Authorizes the Director of the Office to enter into cooperative agreements with, and make grants to, public or private nonprofit entities to pay all or part of the cost of planning, establishing, or strengthening, and providing basic operating support for centers of excellence for clinical and psychosocial research, training in, and demonstration of social work research.

A bill to amend the Public Health Service Act to provide for the establishment of a National Office for Social Work Research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016''. SEC. 2. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR LEAD AND COPPER. The Safe Drinking Water Act is amended by inserting after section 1417 of such Act (42 U.S.C. 300g-6) the following: ``SEC. 1417A. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR LEAD AND COPPER. ``(a) Lead and Copper Rule.-- ``(1) In general.--The national primary drinking water regulations for lead and copper (in this section referred to as the `lead and copper rule') shall include each of the requirements described in this section. ``(2) Revision.--The Administrator shall revise the lead and copper in accordance with this section-- ``(A) not later than 9 months after the date of enactment of the National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016; and ``(B) thereafter, in accordance with section 1412(b). ``(b) Sampling.-- ``(1) Applicability.--This subsection applies with respect to sampling by a public water system of lead or copper in drinking water, irrespective of whether such sampling-- ``(A) is required by the lead and copper rule; or ``(B) is voluntary sampling initiated by customers of the public water system. ``(2) Reporting.--Subject to paragraph (3), a public water system shall report the results of sampling to the Administrator or the State exercising primary enforcement responsibility, as applicable, and shall include in such reporting-- ``(A) the number of residential and nonresidential facilities at which the sampling was conducted; ``(B) subject to paragraph (4), the address of such residential and nonresidential facilities; ``(C) previous samples taken at such residential and nonresidential facilities and the results of those samples; ``(D) where such information exists, the material composition of the service lines at such residential and nonresidential facilities; ``(E) the dates on which the respective sampling occurred; ``(F) the highest and median lead and copper levels detected; ``(G) the 90th percentile lead and copper levels (as such percentile is calculated under section 141.80 of title 40, Code of Federal Regulations, and any successor regulations) detected; ``(H) the number and value of all samples above the lead or copper action levels; ``(I) the disinfectants and corrosion inhibitors being used and the target doses at the water treatment plant; ``(J) any changes since the previous report under this section in the type, method, or quantity of treatments being used in the water sampled; ``(K) the history of violations, and fines received, by the system; ``(L) the number of samples invalidated and the reason for their invalidation; and ``(M) if sampling is conducted at residential facilities other than those with lead service lines, an explanation of why such sampling was conducted. ``(3) Public availability of reports.--A public water system shall make publicly available any report that is required by this section or by the lead and copper rule. ``(4) Privacy.--A public water system shall give the owner of each residential and nonresidential facility at which sampling data is collected the option to be identified only by block number and street name. ``(5) Sampling protocol; instructions.--The Administrator shall-- ``(A) develop a protocol for sampling for compliance with the lead and copper rule; ``(B) in such protocol-- ``(i) prohibit the use of techniques that minimize the detection of lead or copper in drinking water; ``(ii) require sampling under this section to occur not less than once per year; ``(iii) include criteria for site selection that prioritize testing at high-risk buildings; ``(iv) require sampling at all drinking water taps in all schools served by the public water system; and ``(v) require the sampling methodology to be scientifically based; and ``(C) develop instructions for compliance with such protocol for dissemination to public water systems and customers thereof. ``(c) Action Level Exceeded.-- ``(1) Investigations.--The Administrator (or the State exercising primary enforcement responsibility) shall require on-site investigations on where the source of lead is for all individual samples with a lead or copper concentration above the action level-- ``(A) to be completed by the public water system or local health department within 10 business days of the sample result; and ``(B) to include additional samples at additional locations to identify the potential scope of elevated lead or copper levels. ``(2) Notification.--Whenever a public water system detects a lead or copper concentration level above the action level, the system shall-- ``(A) within 2 calendar days of detecting such an exceedance that is specific to one or more facilities, notify the persons at such facilities; and ``(B) within 10 calendar days of completion of sampling for a monitoring period applicable under section 141.86 of title 40, Code of Federal Regulations (or any successor regulation) make a report on any exceedance detected pursuant to such sampling publicly available. ``(d) Public Education.--The lead and copper rule shall require testing results-- ``(1) to be in a standardized format; ``(2) to be posted on the website of the Administrator, the State exercising primary enforcement responsibility, and the public water system; and ``(3) to include-- ``(A) the provisions of consumer confidence reports under section 1414(c)(4) relating to lead and copper; ``(B) reports under subsection (b)(2) on the results of sampling; ``(C) lead service line replacement materials and financial assistance forms; and ``(D) how a consumer can request a water test. ``(e) Service Line Inventory.--A public water system shall-- ``(1) develop, maintain, and beginning not later than 3 years after the date of enactment of the National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016 make publicly accessible an inventory of the material composition of the service lines at all residential and nonresidential facilities, including-- ``(A) online maps showing the locations of lead service lines; and ``(B) where information is available, a history of services performed on such lines, including partial line replacement; ``(2) give the owners of such residential and nonresidential facilities the option to be identified only by block number and street name; and ``(3) in developing such inventory, take measures to minimize any disturbance to service lines that might release contaminants. ``(f) Service Line Ownership.--A public water system shall collect, maintain, and beginning not later than 3 years after the date of enactment of the National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016 make publicly accessible all legal documents establishing the ownership of service lines at residential and nonresidential facilities. ``(g) Service Line Replacement.-- ``(1) In general.--Whenever a public water system replaces a lead service line, the lead and copper rule shall-- ``(A) require the system to replace the line from the transmission line to where the line enters the facility; and ``(B) prohibit partial replacement. ``(2) Prioritization.--The lead and copper rule shall require any public water system engaged in replacing lead service lines to prioritize such replacement at high-risk buildings. ``(h) Definitions.--In this section: ``(1) The term `high-risk buildings' means-- ``(A) residential and nonresidential facilities with lead service lines-- ``(i) that have galvanized pipes; ``(ii) that have low water use; or ``(iii) whose lead service lines are among the longest served by the public water system; and ``(B) residential facilities at which one or more pregnant women or children reside. ``(2) The term `lead service line' means a service line that is not lead free (within the meaning of section 1417). ``(3) The term `publicly available' means that a report is-- ``(A) written in plain language that is culturally and linguistically appropriate; and ``(B)(i) published on a publicly accessible website of the public water system; or ``(ii) if the system does not maintain a publicly accessible website, distributed by carrier route to the persons served by the system.''. SEC. 3. TO LOWER THE ACTION LEVEL FOR LEAD IN DRINKING WATER. Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g- 1(b)) is amended by adding at the end the following new paragraph: ``(16) Lead in drinking water.--The Administrator shall revise the national primary drinking water regulation for lead to ensure that-- ``(A) not later than December 31, 2020, the action level for lead in drinking water is not more than 10 parts per billion; and ``(B) not later than December 31, 2026, the action level for lead in drinking water is not more than 5 parts per billion.''.

National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016 This bill amends the Safe Drinking Water Act by requiring the Environmental Protection Agency (EPA) to revise the national primary drinking water regulations for lead and copper. The rule must direct: public water systems to meet certain reporting requirements; the EPA to develop a sampling protocol and develop instructions for compliance with the protocol; the EPA, or the state exercising primary enforcement responsibility, to require on-site investigations for determining the source of lead when the concentration of lead or copper contamination exceeds specified levels; public water systems to meet certain notification and reporting requirements when lead or copper concentration levels are exceeded; the systems to develop and make publicly accessible an inventory of the material composition of the service lines at residential and nonresidential facilities; the systems to collect and make publicly accessible information about the ownership of those service lines; and the systems to replace an entire lead service line (instead of partially replacing them) when they are replaced. The EPA must also revise the rule to lower the allowable level of lead that may be contained in drinking water.

National Opportunity for Lead Exposure Accountability and Deterrence Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lebanon Reconstruction and Stabilization Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) On July 25, 2006, United States Ambassador to Lebanon Jeffrey Feltman declared a humanitarian emergency in Lebanon due to ongoing insecurity and humanitarian needs. (2) On August 11, 2006, the United Nations Security Council adopted Security Council Resolution 1701, calling for an end to hostilities between Hezbollah and Israel, and stating that ``the situation in Lebanon constitutes a threat to international peace and security''. (3) United Nations Security Council Resolution 1701, ``Stresses the importance of, and the need to achieve, a comprehensive, just and lasting peace in the Middle East.''. (4) On August 14, 2006, the United Nations brokered a ceasefire between Hezbollah and Israel. (5) United Nations Security Council Resolution 1701, ``Welcom[es] the efforts of the Lebanese Prime Minister and the commitment of the Government of Lebanon, in its seven-point plan, to extend its authority over its territory, through its own legitimate armed forces, such that there will be no weapons without the consent of the Government of Lebanon and no authority other than that of the Government of Lebanon.''. (6) United Nations Security Council Resolution 1701, ``Calls on the international community to take immediate steps to extend its financial and humanitarian assistance to the Lebanese people, including through facilitating the safe return of displaced persons and, under the authority of the Government of Lebanon, reopening airports and harbors, consistent with paragraphs 14 and 15, and calls on it also to consider further assistance in the future to contribute to the reconstruction and development of Lebanon.''. (7) It is estimated that there are approximately 8,500 unexploded ordnance in the region. (8) The Lebanese Government estimates that Lebanon suffered approximately $3.6 billion in damages to physical infrastructure. (9) Lebanon's economy has been severely impacted by the violence, especially in the tourism sector, which compromises 15 percent of its GDP. (10) It is in the national security interests of the United States, Israel and the region to have a functioning Lebanese central government that is able to protect its borders and provide municipal services to all its citizens and a strong economy able to generate jobs and foster economic growth. SEC. 3. DECLARATIONS OF POLICY. Congress makes the following declarations of policy: (1) Assisting failed states emerging from violent conflict is a complex and long-term task, as demonstrated by the experience that 50 percent of such states emerging from conditions of violent conflict slip back into violence within five years. (2) The United States Government recognizes the threat to United States national security posed by failed and failing states by adopting Directive 3000.05 for the Department of Defense that places stabilization and reconstruction operations on par with traditional war fighting and National Security Policy Directive 45 for the Department of State that makes the State Office of Coordinator for Reconstruction and Stabilization, S/CRS, the government-wide coordinating and planning entity for stabilization and reconstruction operations. (3) Therefore, it is in the best interests of the United States Government to assist the Lebanese Government with long- term reconstruction and stabilization to further peace and stability within Lebanon and the greater Middle East region. (4) United States assistance to Lebanon shall be implemented in accordance with section 102(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151-1(b)) that makes building the capacity of local communities and institutional capabilities of the government and people a primary goal and ``should focus on establishing and upgrading the institutional capacities of developing countries in order to promote long- term development''. SEC. 4. AUTHORIZATION OF ASSISTANCE FOR THE RECONSTRUCTION AND STABILIZATION OF LEBANON. (a) Authorization of Assistance.--The President is authorized to provide assistance for the reconstruction and stabilization of Lebanon. Assistance authorized under this subsection shall be planned, coordinated, and implemented through the Department of State's Office of Coordinator for Reconstruction and Stabilization, S/CRS, and in strict compliance with all provisions of law that prevent United States assistance from being provided to foreign terrorists organizations. (b) Activities Supported.--Assistance provided under subsection (a) shall be used to carry out the following activities: (1) Rebuild the economic and social infrastructure of Lebanon, including roads, bridges, telecommunication systems, water treatment plants, schools, airports and hospitals. (2) Encourage the World Bank and International Monetary Fund to provide housing and economic assistance in the form of grants and micro-lending plans aimed at providing the Lebanese people with the means to resuscitate small businesses in Lebanon. (3) Establish peace, reconciliation and coexistence programs and conflict resolution programs within Lebanon and between Lebanon and Israel. (4) Encourage civic engagement, democratization, rule of law, and political party strengthening activities. (5) Support efforts to address post-traumatic stress disorders through funding counseling services to civilians. Special efforts should be made to provide funding to Lebanese nongovernmental organizations specializing in such efforts. (6) Improve education systems, with emphasis on improving cross-sectarian educational experiences of Lebanese youth. (7) Increase assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to International Military Education and Training) for Lebanon. (8) Support demining and mine awareness campaigns in Lebanon. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the President to carry out this section such sums as may be necessary for each of the fiscal years 2007 through 2011. (2) Sense of congress.--It is the sense of Congress that at least $15,000,000 for each of the fiscal years 2007 through 2011 should be made available to carry out subsection (b)(4).

Lebanon Reconstruction and Stabilization Act of 2006 - Authorizes the President to provide assistance for Lebanon's reconstruction and stabilization. States that such assistance shall be implemented through the Department of State's Office of Coordinator for Reconstruction and Stabilization and in strict compliance with all provisions of law that prevent U.S. assistance from being provided to foreign terrorist organizations. Expresses the sense of Congress that at least $15 million for each of FY2007-FY2011 should be made available to encourage civic engagement, democratization, rule of law, and political party strengthening activities.

To authorize assistance for the reconstruction and stabilization of Lebanon.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Portable Generator Safety Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Portable generators are frequently used to provide electricity during temporary power outages. These generators use fuel-burning engines that emit carbon monoxide gas in their exhaust. (2) In the last several years, hundreds of people nationwide have been seriously injured or killed due to exposure to carbon monoxide poisoning from portable generators. From 1990 through 2003, 228 carbon monoxide poisoning deaths were reported to the Consumer Product Safety Commission. (3) Virtually all of the serious injuries and deaths due to carbon monoxide from portable generators were preventable. In many instances, consumers simply were unaware of the hazards posed by carbon monoxide. (4) Since at least 1997, a priority of the Consumer Product Safety Commission has been to reduce injuries and deaths resulting from carbon monoxide poisoning. Although the Commission has attempted to work with industry to devise voluntary standards for portable generators, and despite Commission staff statements that voluntary standards were ineffective, the Commission has not promulgated mandatory rules governing safety standards and labeling requirements. (5) The issuance of mandatory safety standards and labeling requirements to warn consumers of the dangers associated with portable generator carbon monoxide would reduce the risk of injury or death. SEC. 3. SAFETY STANDARD. Not later than 180 days after the enactment of this Act, the Consumer Product Safety Commission shall promulgate regulations, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requiring, at a minimum, that every portable generator sold to the public for purposes other than resale shall be equipped with an interlock safety device that detects the level of carbon monoxide in the areas surrounding such portable generator and automatically turns off power to the portable generator before the level of carbon monoxide is capable of causing serious bodily injury or death to people. SEC. 4. LABELING AND INSTRUCTION REQUIREMENTS. Not later than 180 days after the enactment of this Act, the Consumer Product Safety Commission shall promulgate regulations, pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056), requiring, at a minimum, the following: (1) Warning labels.--Each portable generator sold to the public for purposes other than resale shall have a large, prominently displayed warning label on the exterior packaging, if any, of the portable generator and permanently affixed on the portable generator regarding the carbon monoxide hazard posed by incorrect use of the portable generator. The warning label shall include the word ``DANGER'' printed in a large font, and shall include the following information, at a minimum, presented in a clear manner: (A) Indoor use of a portable generator can kill quickly. (B) Portable generators should be used outdoors only and away from garages and open windows. (C) Portable generators produce carbon monoxide, a poisonous gas that people cannot see or smell. (2) Pictogram.--Each portable generator sold to the public for purposes other than resale shall have a large pictogram, affixed to the portable generator, which clearly states ``POISONOUS GAS'' and visually depicts the harmful effects of breathing carbon monoxide. (3) Instruction Manual.--The instruction manual, if any, that accompanies any portable generator sold to the public for purposes other than resale shall include detailed, clear, and conspicuous statements that include the following elements: (A) A warning that portable generators emit carbon monoxide, a poisonous gas that can kill people. (B) A warning that people cannot smell, see, or taste carbon monoxide. (C) An instruction to operate portable generators only outdoors and away from windows, garages, and air intakes. (D) An instruction to never operate portable generators inside homes, garages, sheds, or other semi- enclosed spaces, even if a person runs a fan or opens doors and windows. (E) A warning that if a person begins to feel sick, dizzy, or weak while using a portable generator, that person should shut off the portable generator, get to fresh air immediately, and consult a doctor. D23/

Portable Generator Safety Act - Instructs the Consumer Product Safety Commission to promulgate regulations requiring that every portable generator sold to the public for purposes other than resale be equipped with an interlock safety device that detects the level of carbon monoxide in the areas surrounding the generator and automatically turns off power to it before the level of carbon monoxide is capable of causing serious bodily injury or death to people. Requries such regulations also to require that every such portable generator: (1) prominently display a permanently affixed warning label regarding the carbon monoxide hazard posed by its incorrect use, including the word "DANGER" printed in a large font; and (2) have affixed to it a large pictogram which clearly states "POISONOUS GAS" and visually depicts the harmful effects of breathing carbon monoxide.

A bill to direct the Consumer Product Safety Commission to issue regulations concerning the safety and labeling of portable generators.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead Exposure Reduction Amendments Act of 2015''. SEC. 2. DEFINITIONS. Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) in the first sentence, by striking ``The term'' and inserting the following: ``(A) In general.--The term''; (C) by striking ``Such term includes--'' and inserting the following: ``(B) Inclusions.--The term `abatement' includes-- ''; and (D) by adding at the end the following: ``(C) Exclusions.--The term `abatement' does not include any renovation, remodeling, or other activity-- ``(i) the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; and ``(ii) that incidentally results in a reduction or elimination of lead-based paint hazards.''; (2) by redesignating-- (A) paragraphs (4) through (12) as paragraphs (5) through (13); (B) paragraph (13) as paragraph (15); and (C) paragraphs (14) through (17) as paragraphs (18) through (21), respectively; (3) by inserting after paragraph (3) the following: ``(4) Emergency renovation.--The term `emergency renovation' means a renovation or remodeling activity that is carried out in response to an event-- ``(A) that is an act of God, as that term is defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601); or ``(B) that if not attended to as soon as is practicable-- ``(i) presents a risk to the public health or safety; or ``(ii) threatens to cause significant damage to equipment or property.''; (4) by striking paragraph (10) (as redesignated by paragraph (2)) and inserting the following: ``(10) Lead-based paint.-- ``(A) In general.--The term `lead-based paint' means paint or other surface coatings that contain lead in excess of-- ``(i) 1.0 milligrams per centimeter squared; or ``(ii) 0.5 percent by weight. ``(B) Target housing.--With respect to paint or other surface coatings on target housing, the term `lead-based paint' means paint or other surface coatings that contain lead in excess of the lower of-- ``(i) the level described in subparagraph (A); or ``(ii) a level established by the Secretary of Housing and Urban Development under section 302(c) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(c)).''; (5) by inserting after paragraph (13) (as redesignated by paragraph (2)) the following: ``(14) Postabatement clearance testing.--The term `postabatement clearance testing' means testing that-- ``(A) is carried out upon the completion of any lead-based paint activity to ensure that-- ``(i) the reduction is complete; and ``(ii) no lead-based paint hazards remain in the area in which the lead-based paint activity occurs; and ``(B) includes a visual assessment and the collection and analysis of environmental samples from an area in which lead-based paint activities occur.''; and (6) by inserting after paragraph (15) (as redesignated by paragraph (2)) the following: ``(16) Renovation.--The term `renovation' has the meaning given such term in section 745.83 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this paragraph). ``(17) Renovation and remodeling regulation.--The term `renovation and remodeling regulation' means a regulation promulgated under section 402(a) and revised pursuant to section 402(c)(3)(A), as the regulation is applied to renovation or remodeling activities in target housing, public buildings constructed before 1978, and commercial buildings.''. SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION. Section 402(c) of the Toxic Substances Control Act (15 U.S.C. 2682(c)) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Study of certification.-- ``(A) In general.--Not later than 1 year prior to proposing any renovation and remodeling regulation after the date of enactment of the Lead Exposure Reduction Amendments Act of 2015, the Administrator shall conduct, submit to Congress, and make available for public comment (after peer review) the results of a study of the extent to which persons engaged in various types of renovation and remodeling activities in target housing, public buildings constructed before 1978, or commercial buildings-- ``(i) are exposed to lead in the conduct of those activities; and ``(ii) disturb lead and create a lead-based paint hazard on a regular or occasional basis in the conduct of those activities. ``(B) Scope and coverage.--A study conducted under subparagraph (A) shall consider the risks described in clauses (i) and (ii) of that subparagraph with respect to each separate building type described in that subparagraph, as the regulation to be proposed would apply to each building type.''; (2) in paragraph (3)-- (A) in the first sentence by striking ``Within 4 years'' and inserting the following: ``(A) In general.--Not later than 4 years''; and (B) by adding at the end the following: ``(B) Exemption.--An emergency renovation shall be exempt from any renovation and remodeling regulation, and a person carrying out an emergency renovation shall be exempt from any regulation promulgated under section 406(b) with respect to the emergency renovation. ``(C) Prohibition on postabatement clearance requirement.--No renovation and remodeling regulation may require postabatement clearance testing.''; and (3) by adding at the end the following: ``(4) Target housing owners.-- ``(A) In general.--Not later than 60 days after the date of enactment of this paragraph, and subject to subparagraph (B), the Administrator shall promulgate regulations to permit an owner of a residential dwelling that is target housing, who resides in the residential dwelling, to authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation with respect to the residential dwelling. ``(B) Written certification.--The regulations promulgated under subparagraph (A) shall require that an owner of a residential dwelling that is target housing, who resides in the residential dwelling, may only authorize a contractor to forgo compliance with the requirements of a renovation and remodeling regulation if the owner submits to the contractor a written certification stating that-- ``(i) the renovation or remodeling project is to be carried out at the residential dwelling in which the owner resides; ``(ii) no pregnant woman or child under the age of 6 resides in the residential dwelling as of the date on which the renovation or remodeling project commences, or will reside in the residential dwelling for the duration of the project; and ``(iii) the owner acknowledges that, in carrying out the project, the contractor will be exempt from the requirements of a renovation and remodeling regulation. ``(C) Restriction.--A contractor may not forgo compliance with the requirements of a renovation and remodeling regulation pursuant to a written certification submitted under subparagraph (B) if the contractor has actual knowledge of a pregnant woman or child under the age of 6 residing in the residential dwelling as of the date on which the renovation or remodeling commences (and for the duration of the project). ``(D) Limitation of contractor liability.--The Administrator may not hold a contractor responsible for a misrepresentation made by the owner of a residential dwelling in a written certification submitted under subparagraph (B), unless the contractor has actual knowledge of a misrepresentation. ``(5) Test kits.-- ``(A) Definitions.--In this paragraph: ``(i) Post-1960 building renovation and remodeling regulation.--The term `post-1960 building renovation and remodeling regulation' means a renovation and remodeling regulation, as the regulation applies to-- ``(I) target housing constructed after January 1, 1960; ``(II) public buildings constructed between January 1, 1960 and January 1, 1978; and ``(III) commercial buildings constructed after January 1, 1960. ``(ii) Qualifying test kit.--The term `qualifying test kit' means a chemical test that-- ``(I) can determine the presence of lead-based paint, as defined in section 401(10)(A); ``(II) has a false positive response rate of 10 percent or less; ``(III) has a false negative response rate of 5 percent or less; ``(IV) does not require the use of off-site laboratory analysis to obtain results; ``(V) is inexpensively and commercially available; and ``(VI) does not require special training to use. ``(B) Recognition of qualifying test kit.-- ``(i) Recognition.--The Administrator shall recognize for use under this title a qualifying test kit, and publish in the Federal Register notice of the recognition. ``(ii) Suspension of enforcement of certain regulations.--If, not later than 1 year after the date of enactment of this paragraph, the Administrator does not recognize a qualifying test kit under clause (i), the Administrator-- ``(I) shall publish in the Federal Register notice of the failure to recognize a qualifying test kit; and ``(II) except as provided in clause (iii), may not enforce any post-1960 building renovation and remodeling regulation, with respect to a period beginning on the date that is 1 year after the date of enactment of this paragraph and ending on the date that is 6 months after the date on which the Administrator-- ``(aa) recognizes for use under this title a qualifying test kit; and ``(bb) publishes in the Federal Register notice of the recognition and of the date on which enforcement of the post- 1960 building renovation and remodeling regulations will resume. ``(iii) Applicability of suspension.--The Administrator shall not suspend enforcement of any post-1960 building renovation and remodeling regulation for the period described in clause (ii)(II) with respect to a residential dwelling in which a pregnant woman or child under the age of 6 resides. ``(6) Applicability of certain penalties.--Any renovation and remodeling regulation requiring the submission of documentation to the Administrator shall provide-- ``(A) an exemption from an applicable penalty for failure to comply with the requirement for a person who-- ``(i) is submitting the required documentation for the first time; and ``(ii) submits documentation that contains only de minimus or typographical errors, as determined by the Administrator; and ``(B) a process by which a person described in subparagraph (A) may resubmit the required documentation. ``(7) Accreditation of recertification courses.--The hands- on training requirements required under subsection (a)(2)(D) shall not apply to any recertification course accredited by the Environmental Protection Agency that is otherwise required to be completed under this title by a person that is certified to engage in renovation and remodeling activities.''.

Lead Exposure Reduction Amendments Act of 2015 This bill amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "abatement" any activity: (1) the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards. The Environmental Protection Agency (EPA), no later than one year prior to proposing any renovation and remodeling regulation, must study the extent to which persons engaged in such activities: (1) are exposed to lead, and (2) disturb lead and create a lead-based paint hazard. Exempted from such a regulation is an emergency renovation carried out in response to an event that is an act of God as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, that presents a risk to the public health or safety, or that threatens to cause significant damage to equipment or property if not attended to immediately. A regulation may not require post-abatement clearance testing. The EPA must promulgate regulations to permit a resident owner of a dwelling that is target housing to authorize a contractor to forego compliance with such a regulation if the owner certifies that: (1) the renovation or remodeling project is to be carried out at such dwelling, (2) no pregnant woman or child under the age of six resides or will reside in such housing, and (3) the owner acknowledges that the contractor will be exempt from the requirements of such regulation. The EPA may not hold a contractor responsible for a misrepresentation made by the owner of such dwelling unless the contractor has actual knowledge of such a misrepresentation. The EPA must: (1) recognize a qualifying test kit for use under TSCA, and (2) suspend enforcement of any regulation relating to renovation and remodeling of target housing and commercial buildings constructed after January 1, 1960, and public buildings constructed between January 1, 1960, and January 1, 1978, until a specified period after the EPA recognizes such a test kit.

Lead Exposure Reduction Amendments Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Officers Memorial Scholarship Act''. SEC. 2. SCHOLARSHIPS AUTHORIZED. (a) In General.-- (1) Scholarship awards.--The Secretary is authorized to award a scholarship to-- (A) any eligible applicant who is attending, or who has been accepted for attendance at, any eligible institution providing instruction for one or more of grades kindergarten through 12; or (B) any eligible applicant who is enrolled, or has been accepted for enrollment, in an eligible institution as a full-time or part-time postsecondary level student. (2) Application.--To receive a scholarship award under this Act, each eligible applicant shall submit an application to the Secretary in such time and manner as may be determined appropriate by the Secretary, accompanied by a certification from the head of the agency that employed the public safety officer to whom the applicant was married (in the case of a surviving spouse), or with whom the applicant was living or from whom the applicant was receiving support contributions (in the case of a dependent child), stating that such officer died as a result of the performance of the officer's official duties. (b) Maximum Award.-- (1) Elementary and secondary awards.--For any academic year, the maximum amount of a scholarship award under this section for a kindergarten or elementary or secondary school student may equal, but not exceed, the lesser of the following: (A) The average per pupil expenditure for elementary and secondary education of the local educational agency for the geographic area in which the eligible applicant resides. (B) The actual cost to the student for attendance at the school, including expenses such as tuition, fees, books, transportation costs, and other related expenses determined by the Secretary. (2) Postsecondary awards.--For any academic year, the maximum amount of a scholarship award under this section for a postsecondary student may equal, but not exceed, the lesser of the following: (A) The average cost of attendance (as defined in section 472 of the Higher Education Act of 1965), at a State university in the State in which the student resides, for a State resident carrying the same academic workload as the student, with the same number of dependents as the student, and residing in the same type of housing as the student. (B) The actual cost of attendance (as defined in section 472 of the Higher Education Act of 1965) of such student. (c) Award Period.--The duration of each award under this Act-- (1) for a kindergarten or elementary or secondary school student, shall be the period of time normally required for the completion of a high school diploma by a student in the grade that the recipient is in at the time the award commences; and (2) for a postsecondary student, shall be the lesser of-- (A) the time actually required by the student to complete a course of study and obtain a diploma; and (B) 6 years in the case of a student engaged in undergraduate studies and 3 years in the case of a student engaged in postgraduate studies. (d) Notification.--The Secretary shall notify the recipient and the eligible institution of the applicant's selection for receipt of an award under this Act, the conditions pertaining to award eligibility and continuance. (e) Fiscal Agent.--The Secretary shall, if practicable, use the eligible institution as fiscal agent for payment of an award. SEC. 3. ADDITIONAL AWARD REQUIREMENTS. A student awarded a scholarship grant under this Act, as a condition for initial receipt of such award and periodically thereafter as a condition for its continuation, shall demonstrate to the satisfaction of the Secretary that the student is-- (1) maintaining satisfactory progress in the course of study the student is pursuing-- (A) in the case of a kindergarten or elementary or secondary school student, as determined by the Secretary; and (B) in the case of a postsecondary student, consistent with section 484(c) of the Higher Education Act of 1965; (2) committed to remaining drug-free; and (3) attending class on a regular basis as to not interfere with normal course of studies except for excused absence for vacation, illness, military service and such other periods deemed good cause by the eligible institution or the Secretary. SEC. 4. AGREEMENTS WITH ELIGIBLE INSTITUTIONS. For the purposes of this Act, the Secretary is authorized to enter into agreements with eligible institutions in which any student receiving a scholarship award under this Act has enrolled or has been accepted for enrollment. Each such agreement shall-- (1) provide that an eligible institution will cooperate with the Secretary in carrying out the provisions of this Act, including the provision of information necessary for a student to satisfy the requirements in section 3; (2) provide that the institution will conduct a periodic review to determine whether students enrolled and receiving scholarship awards continue to be entitled to payments under this Act and will notify the Secretary of the results of such reviews; and (3) provide for control and accounting procedures as may be necessary to assure proper disbursements and accounting of funds paid under to the institution under section 2(e). SEC. 5. DEFINITIONS. In this Act: (1) Dependent child.--The term ``dependent child'' means a child who is either living with or receiving regular support contributions from a public safety officer at the time of the officer's death, including a stepchild or an adopted child. (2) Eligible applicant.--The term ``eligible applicant'' means a person residing in a State who is-- (A) a surviving spouse; or (B) a dependent child. (3) Eligible institution.--The term ``eligible institution'' means a public or private kindergarten or elementary or secondary school, or any institution defined in section 435(a) of the Higher Education Act of 1965, if the kindergarten, school, or institution-- (A) is located in a State; and (B) complies with the antidiscrimination provisions of section 601 of the Civil Rights Act of 1964 and does not discriminate on the basis of race. (4) Public safety officer.--The term ``public safety officer'' means a person serving a public agency of a State or of a unit of general local government, with or without compensation, as-- (A) a law enforcement officer, including a corrections or a court officer engaged in-- (i) apprehending or attempting to apprehend of any person-- (I) for the commission of a criminal act; or (II) who at the time was sought as a material witness in a criminal proceeding; or (ii) protecting or guarding a person held for the commission of a criminal act, or held as a material witness in connection with a criminal act; or (iii) lawfully preventing of, or lawfully attempting to prevent the commission of, a criminal act or an apparent criminal act in the performance of his official duty; or (B) a firefighter. (5) Secretary.--The term ``Secretary'' means the Secretary of Education. (6) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (7) Surviving spouse.--The term ``surviving spouse'' means the legally married husband or wife of a public safety officer at the time of the officer's death. (8) Unit of general local government.--The term ``unit of general local government'' means any city, county, township, town, borough, parish, village, or any other general purpose subdivision of a State, or any Indian tribe which the Secretary of the Interior determines performs law enforcement functions.

Public Safety Officers Memorial Scholarship Act - Authorizes the Secretary of Education to award scholarships to surviving spouses and dependent children of State or local public safety officers who are killed in performance of their official duties. Provides that such scholarships may be for public or private kindergarten, or elementary or secondary school, or for an institution of higher education.

Public Safety Officers Memorial Scholarship Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Positive Train Control Enforcement and Implementation Act of 2015''. SEC. 2. ENSURING SAFE IMPLEMENTATION OF POSITIVE TRAIN CONTROL ON POISONOUS OR TOXIC-BY-INHALATION AND PASSENGER RAIL LINES. Section 20157 of title 49, United States Code, is amended-- (1) in subsection (a)(1)-- (A) by striking ``18 months after the date of enactment of the Rail Safety Improvement Act of 2008'' and inserting ``60 days after the date of enactment of the Positive Train Control Enforcement and Implementation Act of 2015''; (B) by striking ``develop'' and inserting ``revise''; (C) by striking ``December 31, 2015'' and inserting ``December 31, 2018, or the deadline determined appropriate by the Secretary pursuant to paragraph (2)''; and (D) in subparagraph (B) by striking ``parts'' and inserting ``sections''; (2) by striking subsection (a)(2) and inserting the following: ``(2) Authority to extend deadline.-- ``(A) The Secretary may extend the deadline described in paragraph (1) of this subsection, applicable to each carrier or entity required to submit a plan under paragraph (1), for a period not to exceed 12 months if such a carrier or entity demonstrates to the satisfaction of the Secretary that such carrier or entity-- ``(i) will not be able to implement a positive train control system by the deadline described in paragraph (1) due to technical, programmatic, or operational challenges, such as availability of public funding, spectrum, technology, and interoperability standards; ``(ii) has taken actions to address such challenges and mitigate risks to successful implementation of a positive train control system; and ``(iii) has made good faith efforts to implement the plan described in paragraph (1). ``(B)(i) The Secretary may grant an additional one- time extension of the deadline described in paragraph (1), applicable to each carrier or entity required to submit a plan under paragraph (1), not to exceed 12 months, if such a carrier or entity, or a group thereof, is not able to fully implement a positive train control system on or before the date that is the last day of the extension granted under subparagraph (A), and such carrier or entity-- ``(I) demonstrates to the satisfaction of the Secretary that implementing a positive train control system was delayed due to 1 or more circumstances beyond the control of the carrier or entity, such as a delay in Federal approval of a plan, testing, or certification; or ``(II) demonstrates to the satisfaction of the Secretary-- ``(aa) that such carrier or entity will not be able to implement a positive train control system by the deadline described in paragraph (1) due to technical, programmatic, or operational challenges; ``(bb) due diligence in its efforts to fully implement a positive train control system; and ``(cc) that substantial progress has been made in deploying positive train control, to the extent feasible. ``(ii) A demonstrating carrier or entity under clause (i) must certify to the Secretary in writing that such carrier or entity will be in full compliance with the requirements of this section on or before the date that is the last date of the extension granted under clause (i). ``(3) Implementation.-- ``(A) The revised plan shall-- ``(i) describe how the railroad carrier or entity will provide for interoperability of the system with movements of trains of other railroad carriers or entities over its lines; ``(ii) to the extent practical, provide for implementation of the system in a manner that addresses areas of greater risk before areas of lesser risk; ``(iii) comply with this section and subpart I of part 236 of title 49, Code of Federal Regulations; and ``(iv) include a detailed schedule and sequence for fully implementing a positive train control system in accordance with this section and such regulations. ``(B) The railroad carrier shall implement a positive train control system in accordance with such plan.''; (3) by striking subsections (c) and (d) and inserting the following: ``(c) Progress Reports.--Not later than January 1, 2017, and annually thereafter until full implementation of positive train control systems has been completed, each railroad carrier or entity required to revise and transmit a plan under subsection (a) shall submit to the Secretary a report on the progress of such carrier or entity toward implementing positive train control systems. ``(d) Reports.-- ``(1) Congressional notification.--Not later than April 1, 2018, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the progress of the railroad carriers in implementing positive train control systems. ``(2) Public availability.--The Secretary shall make available to the public on the Department of Transportation's Internet Web site each progress report submitted pursuant to paragraph (1) and subsection (c).''; and (4) in subsection (h)-- (A) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (B) by adding at the end the following: ``(2) Provisional operation.--In lieu of the requirements of paragraph (1), the Secretary may authorize a railroad carrier or other entity to commence operation in revenue service of a positive train control system or component to the extent necessary to enable the safe implementation of positive train control systems in phases.''.

Positive Train Control Enforcement and Implementation Act of 2015 This bill extends deadlines and modifies requirements for railroad carriers and providers of intercity or commuter rail passenger transportation to implement positive train control (PTC) systems. (A PTC system is a communications and signaling system designed to prevent train-to-train collisions, over-speed derailments, incursions into established work zone limits, and the movement of a train through a switch left in the wrong position. Railroads which carry passengers or have high-volume freight traffic with certain hazardous materials are required to implement a PTC system.) Within 60 days of enactment of this bill, each Class I railroad carrier (the largest operators by revenue) and provider of intercity or commuter rail passenger transportation must submit to the Department of Transportation (DOT) a plan for implementing PTC by December 31, 2018, instead of the December 31, 2015, deadline required under current law. DOT may extend the deadline if specified requirements are met. The revised plan must include a detailed schedule and sequence for fully implementing PTC in a manner that complies with specified regulations, and railroads must implement PTC in accordance with the plan. DOT may authorize a railroad carrier or other entity to begin the provisional operation of a PTC system without the required certification if it is necessary to enable the safe implementation of PTC in phases.

Positive Train Control Enforcement and Implementation Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Milk Regulatory Equity Act of 2005''. SEC. 2. MILK REGULATORY EQUITY. (a) Minimum Milk Prices for Handlers; Exemption.--Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by adding at the end the following new subparagraphs: ``(M) Minimum Milk Prices for Handlers.-- ``(i) Application of minimum price requirements.-- Notwithstanding any other provision of this section, a milk handler described in clause (ii) shall be subject to all of the minimum and uniform price requirements of a Federal milk marketing order issued pursuant to this section applicable to the county in which the plant of the handler is located, at Federal order class prices, if the handler has packaged fluid milk product route dispositions, or sales of packaged fluid milk products to other plants, in a marketing area located in a State that requires handlers to pay minimum prices for raw milk purchases. ``(ii) Covered milk handlers.--Except as provided in clause (iv), clause (i) applies to a handler of Class I milk products (including a producer-handler or producer operating as a handler) that-- ``(I) operates a plant that is located within the boundaries of a Federal order milk marketing area (as those boundaries are in effect as of the date of the enactment of this subparagraph); ``(II) has packaged fluid milk product route dispositions, or sales of packaged fluid milk products to other plants, in a milk marketing area located in a State that requires handlers to pay minimum prices for raw milk purchases; and ``(III) is not otherwise obligated by a Federal milk marketing order, or a regulated milk pricing plan operated by a State, to pay minimum class prices for the raw milk that is used for such dispositions or sales. ``(iii) Obligation to pay minimum class prices.--For purposes of clause (ii)(III), the Secretary may not consider a handler of Class I milk products to be obligated by a Federal milk marketing order to pay minimum class prices for raw milk unless the handler operates the plant as a fully regulated fluid milk distributing plant under a Federal milk marketing order. ``(iv) Certain handlers exempted.--Clause (i) does not apply to-- ``(I) a handler (otherwise described in clause (ii)) that operates a nonpool plant (as defined in section 1000.8(e) of title 7, Code of Federal Regulations, as in effect on the date of the enactment of this subparagraph); ``(II) a producer-handler (otherwise described in clause (ii)) for any month during which the producer- handler has route dispositions, and sales to other plants, of packaged fluid milk products equaling less than 3,000,000 pounds of milk; or ``(III) a handler (otherwise described in clause (ii)) for any month during which-- ``(aa) less than 25 percent of the total quantity of fluid milk products physically received at the plant of the handler (excluding concentrated milk received from another plant by agreement for other than Class I use) is disposed of as route disposition or is transferred in the form of packaged fluid milk products to other plants; or ``(bb) less than 25 percent in aggregate of the route disposition or transfers are in a marketing area or areas located in one or more States that require handlers to pay minimum prices for raw milk purchases. ``(N) Exemption for Certain Milk Handlers.--Notwithstanding any other provision of this section, no handler with distribution of Class I milk products in the marketing area described in Order No. 131 shall be exempt during any month from any minimum price requirement established by the Secretary under this subsection if the total distribution of Class I products during the preceding month of any such handler's own farm production exceeds 3,000,000 pounds.''. (b) Exclusion of Nevada From Federal Milk Marketing Orders.-- Section 8c(11) of the Agriculture Adjustment Act (7 U.S.C. 608c(11)), reenacted with amendments by the Agriculture Marketing Agreement Act of 1937, is amended-- (1) in subparagraph (C), by striking the last sentence; and (2) by adding at the end the following new subparagraph: ``(D) In the case of milk and its products, no county or other political subdivision of the State of Nevada shall be within the marketing area definition of any order issued under this section.''. (c) Records and Facility Requirements.--Notwithstanding any other provision of this section, or the amendments made by this section, a milk handler (including a producer-handler or a producer operating as a handler) that is subject to regulation under this section or an amendment made by this section shall comply with the requirements of section 1000.27 of title 7, Code of Federal Regulations, or a successor regulation, relating to handler responsibility for records or facilities. (d) Effective Date and Implementation.--The amendments made by this section take effect on the first day of the first month beginning more than 15 days after the date of the enactment of this Act. To accomplish the expedited implementation of these amendments, effective on the date of the enactment of this Act, the Secretary of Agriculture shall include in the pool distributing plant provisions of each Federal milk marketing order issued under subparagraph (B) of section 8c(5) of the Agriculture Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments by the Agriculture Marketing Agreement Act of 1937, a provision that a handler described in subparagraph (M) of such section, as added by subsection (a) of this section, will be fully regulated by the order in which the handler's distributing plant is located. These amendments shall not be subject to a referendum under section 8c(19) of such Act (7 U.S.C. 608c(19)).

Milk Regulatory Equity Act of 2005 - Amends the the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to subject specified Class I milk handlers (including producer-handlers) to federal milk marketing order minimum and uniform price requirements applicable to the county in which the plant of the handler is located, at federal order class prices, if the handler has packaged fluid milk product route dispositions, or sales of packaged fluid milk products to other plants, in a marketing area located in a state that requires handlers to pay minimum prices for raw milk purchases. Exempts from such provision: (1) a handler operating a nonpool plant; (2) a producer-handler for any month during which packaged fluid milk route dispositions and sales to other plants are less than three million pounds of milk; or (3) specified handlers whose fluid milk products are disposed of as route dispositions or transfers, or whose dispositions or transfers are in states requiring minimum prices for raw milk purchases. Subjects a Class I milk handler in the Arizona-Las Vegas marketing area (Order 131) to minimum milk price requirements for any month in which the handler distributes in such area at least three million pounds of Class I products from his or her own production. Excludes Nevada from federal milk marketing orders.

To ensure regulatory equity between and among all dairy farmers and handlers for sales of packaged fluid milk in federally regulated milk marketing areas and into certain non-federally regulated milk marketing areas from federally regulated areas, and for other purposes.

SECTION 1. ELECTRONIC BENEFIT TRANSFERS. (a) In General.--Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively; (B) by inserting before subparagraph (B) (as so redesignated) the following: ``(A) Definitions.--In this subsection: ``(i) Community-supported agriculture program.--The term `community-supported agriculture program' or `CSA' means a farm business or a group of agricultural producers that form a partnership with consumers through which consumers buy a subscription for farm products in advance and the farm business or group of agricultural producers commits to supplying and delivering the products to a common distribution point or directly to the consumers. ``(ii) Farmers market.--The term `farmers market' means a regularly scheduled assembly of 2 or more agricultural producers for the direct sale of locally grown fresh fruits and vegetables and other staple foods to consumers. ``(iii) Farm stand; roadside stand.-- ``(I) In general.--The terms `farm stand' and `roadside stand' mean a retail outlet for the direct sale of locally grown fresh fruits and vegetables and other staple foods in rural or urban areas. ``(II) Inclusion.--The terms `farm stand' and `roadside stand' may include a single stall in a farmers market. ``(iv) Green cart.--The term `green cart' means a mobile retail food vendor who sells fresh fruits and vegetables on a regular basis from an unmotorized cart. ``(v) Route vendor.-- ``(I) In general.--The term `route vendor' means a mobile retail food vendor who sells unprepared food from a vehicle directly to consumers along a scheduled route or by arranged delivery. ``(II) Inclusion.--The term `route vendor' includes vendors who provide food services in disaster or other emergency situations. ``(vi) Wireless retailer.--The term `wireless retailer' includes-- ``(I) a farmers market; ``(II) a farm stand; ``(III) a green cart; ``(IV) a route vendor; ``(V) an entity operating a community-supported agriculture program; and ``(VI) an individual farmer affiliated with an entity described in subclauses (I) through (V).''; (C) in subparagraph (C) (as so redesignated) by striking ``subparagraph (A)'' and inserting ``subparagraph (B)''; (D) in clause (i) of subparagraph (E) (as so redesignated), by inserting ``, including wireless technology'' before the semicolon at the end; and (E) by adding at the end the following: ``(F) State flexibility for wireless ebt systems.-- Subject to paragraph (2), a State agency may-- ``(i) procure and implement any wireless electronic benefit transfer system that the State agency considers to be appropriate and that meets all industry security standards; and ``(ii) use appropriate wireless technology available to the State agency in implementing the wireless electronic benefit transfer system, including smart phone technology and other technologies, so long as the technologies meet all industry security standards.''; (2) in paragraph (2)-- (A) in subparagraph (G), by striking ``and'' at the end; (B) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(I) a requirement that, for purposes of program participation, State agencies and the Food and Nutrition Service treat wireless retailers in the same manner as retail food stores that use wired electronic benefit transfer equipment by providing the retail food stores with wireless electronic benefit transfer equipment that ensures immediate benefit account verification; ``(J) a system for wireless retail food stores to receive funds in an amount not exceeding the cost of a wireless point-of-sale terminal if alternative wireless technology is used; and ``(K) the potential for entering into a contract or memoranda of understanding with a statewide nonprofit organization, such as a statewide farmers market association, to assist the State agency by providing outreach, training, and administration in wireless electronic benefit transfer equipment deployment at multiple-vendor farmers markets, particularly in cases in which scrip (such as farmers market tokens) is used to simplify program participation by agricultural producers and vendors.''; (3) in paragraph (3)(B)-- (A) in clause (i), by striking ``and'' at the end; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(iii) in the case of wireless retailers, wireless electronic benefit and wireless EBT connection services are available.''; (4) in paragraph (5), by inserting before the period at the end ``, including wireless electronic benefit systems that enable all wireless retailers to provide for improved access to nutritious foods in areas lacking such access, and in disaster- recovery situations''; (5) by redesignating the second paragraph (12) (relating to interchange fees) as paragraph (13); and (6) by adding at the end the following: ``(14) Non-ebt transactions.--Wireless EBT equipment provided to an authorized retailer may be used for non-EBT transactions (such as credit and debit card transactions) only if the retailer bears all costs associated with those non-EBT transactions.''. (b) Conforming Amendments.--Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a)) is amended-- (1) in paragraph (2), by inserting ``, including wireless access fees'' after ``the State''; (2) in paragraph (7), by striking ``and'' at the end; and (3) by striking ``: Provided, That the'' and inserting ``, and (9) outreach and training for farmers markets and other vendors defined in section 7(h)(1)(A) in wireless electronic benefit transfer equipment deployment and operations, particularly in cases in which scrip (such as farmers market tokens) is used to facilitate and simplify program participation by agricultural producers and vendors. The''.

Amends the Food and Nutrition Act of 2008 (formerly known as the Food Stamp Act of 1977) to require state electronic benefit transfer contracts to treat wireless program retail food stores in the same manner as wired program retail food stores for purposes of supplemental nutrition assistance (SNAP, formerly food stamp) benefits. Defines "wireless retailer" to include: (1) a farmers market, (2) a farm stand, (3) a green cart, (4) a route vendor, (5) an entity operating a community-supported agriculture program, and (6) an individual farmer affiliated with such entities.

A bill to amend the Food and Nutrition Act of 2008 to require State electronic benefit transfer contracts to treat wireless program retail food stores in the same manner as wired program retail food stores.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Negotiated Rate Amendments of 1993''. SEC. 2. PROCEDURE FOR RESOLVING DISPUTES. (a) General Rule.--For purposes of section 10701 of title 49, United States Code, it shall be an unreasonable practice for a nonhousehold goods motor carrier, a nonhousehold goods freight forwarder, or a person representing such a carrier or freight forwarder (hereinafter in this section referred to as a ``representative'') to attempt to charge or to charge for a transportation service the difference between-- (1) the rate that is lawfully in effect pursuant to a tariff that is filed in accordance with chapter 107 of such title by the carrier or freight forwarder and that is applicable to such transportation service, and (2) the negotiated rate for such transportation service, if the carrier or freight forwarder is no longer transporting property between places describe in section 10521(a)(1) of such title or is transporting property between places described in such section for the purpose of avoiding the application of this subsection. (b) Jurisdiction of the Commission.--The Commission shall have exclusive jurisdiction to make a determination of whether or not the attempting to charge or the charging of a person for a transportation service a rate by a carrier, freight forwarder, or a representative is an unreasonable practice under subsection (a). In making such a determination, the Commission shall consider-- (1) whether such person was offered a transportation rate by the carrier or freight forwarder other than that legally on file with the Commission for such transportation service, (2) whether such person tendered freight to the carrier or freight forwarder in reasonable reliance upon the offered transportation rate, (3) whether the carrier or freight forwarder did not properly or timely file with the Commission a tariff providing for such transportation rate or failed to execute a valid contract for such transportation service, (4) whether the transportation rate was billed and collected by the carrier or freight forwarder, and (5) whether the carrier, freight forwarder, or representative demands additional payment of a higher rate filed in a tariff. (c) Stay of Additional Compensation.--When a person proceeds under this section to challenge the reasonableness of the practice of, or the legally applicable freight rate or charges being claimed by, a carrier, freight forwarder, or representative described in subsection (a) in addition to those already billed and collected, such person shall not have to pay any additional compensation to such carrier, freight forwarder, or representative until the Commission has made a determination as to the reasonableness of the challenged rate as applied to the freight of the person against whom the claim is made. (d) Treatment of Subsection (a).--Subsection (a) is enacted as an exception, and shall be treated as an exception, to the requirement of sections 10761(a) and 10762 of title 49, United States Code, relating to a filed tariff rate for a transportation or service subject to the jurisdiction of the Commission and other general tariff requirements. (e) Definitions.--For purposes of this section: (1) Commission, household goods, and household goods freight forwarder.--The terms ``Commission'', ``household goods'', and ``household goods freight forwarder'' have the meaning such terms have under section 10102 of title 49, United States Code. (2) Nonhousehold goods freight forwarder.--The term ``nonhousehold goods freight forwarder'' means a freight forwarder as defined in section 10102 of title 49, United States Code, except that such term does not include a household goods freight forwarder. (3) Nonhousehold goods motor carrier.--The term ``nonhousehold goods motor carrier'' means a motor carrier as defined under section 10102 of title 49, United States Code of property (other than household goods). (4) Negotiated rate.--The term ``negotiated rate'' means a rate, charge, classification, or rule agreed upon by a nonhousehold goods motor carrier or nonhousehold goods freight forwarder and a shipper through negotiations pursuant to which no tariff was lawfully and timely filed with the Commission and for which there is written evidence of such agreement. SEC. 3. STATUTE OF LIMITATIONS. (a) Motor Carrier Charges.--Section 11706(a) of title 49, United States Code, is amended by striking the period at the end and inserting the following: ``; except that a common carrier providing transportation or service subject to the jurisdiction of the Commission under chapter 105 of this title-- ``(1) must begin, within 24 months after the claim accrues, a civil action to recover charges for such transportation or service if such transportation or service is provided by the carrier on or after the date of the enactment of this exception and before the date that is one year after such date of enactment; and ``(2) must begin, within 18 months after the claim accrues, such a civil action if such transportation or service is provided by the carrier on or after the date that is one year after such date of enactment.''. (b) Motor Carrier Overcharges.--Section 11706(b) of title 49, United States Code, is amended by striking the period at the end of the first sentence and inserting the following: ``except that a person must begin, within 24 months after the claim accrues, a civil action to recover overcharges from a carrier subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title for transportation or service if such transportation or service takes place on or after the date of the enactment of this exception and before the date that is one year after such date of enactment, and a person must begin, within 18 months after the claim accrues, such a civil action for transportation or service taking place on or after the date that is one year following such date of enactment.''. (c) Conforming Amendment.--Section 11706(d) of title 49, United States Code, is amended by striking ``3-year period'' each place it appears and inserting ``limitations period''. SEC. 4. TARIFF RECONCILIATION RULES FOR MOTOR CARRIERS OF PROPERTY. (a) In General.--Chapter 117 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 11712. Tariff reconciliation rules for motor common carriers of property ``(a) Mutual Consent.--Subject to Commission review and approval, motor carriers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title and shippers may resolve, by mutual consent, overcharge and undercharge claims resulting from incorrect tariff provisions or billing errors arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications in compliance with sections 10761 and 10762 of this title. Resolution of such claims among the parties shall not subject any party to the penalties of chapter 119 of this title. ``(b) Limitation on Statutory Construction.--Nothing in this section shall relieve the motor carrier of the duty to file and adhere to its rates, rules, and classifications as required in sections 10761 and 10762, except as provided in subsection (a) of this section. ``(c) Rulemaking Proceeding.--Not later than 90 days after the date of the enactment of this section, the Commission shall institute a proceeding to establish rules pursuant to which the tariff requirements of sections 10761 and 10762 of this title shall not apply under circumstances described in subsection (a) of this section.''. (b) Conforming Amendment.--The analysis for chapter 117 of title 49, United States Code, is amended by adding at the end the following: ``11712. Tariff reconciliation rules for motor common carriers of property.''. SEC. 5. CUSTOMER ACCOUNT CODES. Section 10762 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(e) Customer Account Codes.--No tariff filed with the Commission before, on, or after the date of the enactment of this subsection may be held invalid solely on the basis that a numerical or alpha account code is used in such tariff to designate customers or to describe the applicability of rates. For transportation performed on and after the 90th day following such date of enactment, the name of the customer for each account code must be set forth in the tariff.''. SEC. 6. EFFECTIVE DATE. (a) General Rule.--Except as provided in subsection (b), this Act (including the amendments made by this Act) shall take effect on the date of the enactment of this Act. (b) Exception.--Section 2 shall apply to-- (1) any proceeding before the Interstate Commerce Commission, and (2) any court action, which is pending or commenced on or after the date of the enactment of this Act.

Negotiated Rate Amendments of 1993 - Makes it an unreasonable practice for a nonhousehold goods motor carrier, a nonhousehold goods freight forwarder, or a person representing one or the other to attempt to charge or to charge for a transportation service the difference between the lawfully filed tariff rate and the negotiated rate for such transportation, if the carrier or freight forwarder is no longer transporting property or is transporting property for the purpose of avoiding application of this Act. Grants the Interstate Commerce Commission (ICC) exclusive jurisdiction to make determinations with respect to unreasonableness. Shortens the statute of limitations for the filing of claims by: (1) a motor common carrier for recovery of transportation or service charges; and (2) a person to recover overcharges by a motor carrier. Decreases the limitation period for both kinds of claims from 36 months to: (1) 24 months for claim accruals during the year following enactment on this Act; and (2) 18 months for claim accruals on or after one year following enactment. Permits motor carriers and shippers to resolve by mutual consent, subject to Commission review and approval, any overcharge and undercharge claims resulting from billing errors or incorrect tariff provisions arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications. Prohibits any tariff filed with the ICC from being held invalid solely on the basis that it uses a numerical or alpha account code to designate customers or describe the applicability of rates.

Negotiated Rate Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Educators Working Act of 2010''. SEC. 2. RETAINING EDUCATORS. (a) Education Jobs Fund.--There is appropriated, for fiscal year 2010, for necessary expenses for an Education Jobs Fund, $23,000,000,000. Such amount shall be appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Education. The amount shall remain available for obligation by the Department through the date that is 180 days after the date of enactment of this Act. The amount shall be administered by the Secretary of Education under the terms and conditions of titles XIV and XV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), subject to the provisions of subsection (b). (b) Special Rules.-- (1) Allotments to states and outlying areas.--The funds appropriated under this Act shall be available only for allocations by the Secretary of Education under subsections (a) and (d) of section 14001 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), except that the Secretary may reserve not more than $1,000,000 for administration and oversight of this Act, including for program administration. (2) Reservation by state.--With respect to funds appropriated under this Act, a State that receives an allocation of such funds in accordance with section 14001(d) of such Act may reserve a total of not more than 5 percent of the State's allocation for-- (A) the administrative costs of carrying out the State's responsibilities with respect to such funds, except that in no case shall the State reserve more than 1 percent of its total allocation for those costs; and (B) the costs of retaining or creating positions in the State educational agency or the State agency for higher education, and other State agency positions related to the administration or support of early childhood, elementary, secondary, or postsecondary education. (3) Awards to local educational agencies and public institutions of higher education.-- (A) Use of funds.--Subsections (a) and (b) of section 14002 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall not apply to an allocation of funds appropriated under this Act. Except as provided under paragraph (2), an allocation of such funds shall be used only for awards to local educational agencies and public institutions of higher education for the support of early childhood, elementary, secondary, and postsecondary education in accordance with subparagraph (B). (B) Distribution by governor.-- (i) In general.--The Governor of a State receiving an allocation of funds appropriated under this Act shall use the appropriated funds to award grants to local educational agencies (through the State's primary elementary and secondary funding formulae) and public institutions of higher education in order to restore the reductions in State funding for elementary and secondary education and for public institutions of higher education, respectively, that remain for fiscal years 2010 and 2011, as determined in accordance with clause (iv). (ii) Insufficient amount.-- (I) In general.--In the case of a State that receives an allocation of funds appropriated under this Act for a fiscal year that is less than the amount necessary to carry out clause (i), the Governor of the State shall distribute the State's allocation for such fiscal year between local educational agencies (through the State's primary elementary and secondary funding formulae) and public institutions of higher education in proportion to the relative reductions in State support for these two categories of education for such fiscal year. (II) Exception.--The Governor may adjust the amount of funds awarded to local educational agencies (in the aggregate) and the amount of funds awarded to public institutions of higher education (in the aggregate) for a fiscal year pursuant to subclause (I) by increasing or decreasing such amounts of funds by the amount that is not more than 10 percent of the larger of the 2 amounts of funds. (iii) Distribution of excess amount.--In the case of a State that receives an allocation of funds appropriated under this Act that is more than the amount necessary to carry out clause (i), the Governor of the State shall use any funds remaining after the application of clause (i) to provide local educational agencies in the State with awards, based on the local educational agencies' relative shares of funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the most recent fiscal year for which data are available. (iv) Calculation of reductions.--For purposes of calculating reductions in State funding under this subparagraph for a fiscal year-- (I) the amount of reductions in State funding for elementary and secondary education or for public institutions of higher education for a fiscal year shall be determined by comparing the level of such State funding for such fiscal year with the level of such State funding for the preceding fiscal year; and (II) the levels of such State funding shall include any funds received by the State under section 14001(d) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and, for fiscal year 2011, any funds received by the State under this section for fiscal year 2010. (4) Inapplicability of education reform assurances.-- Subsection (b), and paragraphs (2) through (5) of subsection (d), of section 14005 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall not apply to any application for an allocation of funds appropriated under this Act from a State that has an approved application for Phase II of the State Fiscal Stabilization Fund under title XIV of division A of such Act that was submitted in accordance with the application notice published in the Federal Register on November 17, 2009 (74 Fed. Reg. 59142). (5) Requirement to use funds to retain or create education jobs.--Notwithstanding sections 14003(a) and 14004(a) of such Act, funds appropriated under this Act may be used only for-- (A) compensation and benefits and other expenses necessary to retain existing employees, and for the hiring of new employees, in order to provide early childhood, elementary, secondary, or postsecondary educational and related services; or (B) on-the-job training activities, as defined in section 101(31) of the Workforce Investment Act of 1998 (29 U.S.C. 2801(31)), for education-related careers. (6) Prohibition on use of funds for rainy day funds or debt retirement.-- (A) In general.--Subject to subparagraph (B), a State that receives an allocation of funds appropriated under this Act may not use such funds to-- (i) establish, restore, or supplement a reserve or rainy day fund of the State or to supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a reserve or rainy day fund; or (ii) reduce or retire debt obligations incurred by the State or to supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State. (B) Exception.--Subparagraph (A) shall not apply to fund balances that are necessary to comply with any State requirement to maintain a balanced budget. (7) Application considerations.--If, by a date set by the Secretary of Education, a Governor has not submitted an approvable application under section 14005(a) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), the Secretary may provide for the distribution of funds appropriated under this Act that are allocated under section 14001(d) of the American Recovery and Reinvestment Act of 2009 for the State to 1 or more other entities in the State, in such amounts and under such terms and conditions as the Secretary may establish, as long as all terms and conditions that apply to the appropriation under this Act shall apply to such funds distributed to such entity or entities. (8) Local educational agency application.--The requirements of section 442 of the General Education Provisions Act (20 U.S.C. 1232e) shall not apply to a local educational agency that has previously submitted an application to the State under title XIV of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and wishes to receive funds appropriated under this Act, as the assurances provided under the previous application shall continue to apply to funds awarded under this Act. (9) Maintenance of effort.-- (A) In general.--In order for a State to receive an allocation of funds appropriated under this Act, the Governor of a State shall, in lieu of the assurances required under section 14005(d)(1) of the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5), provide assurances to the Secretary of Education that, for each of fiscal years 2010 and 2011, the State will-- (i) meet the requirements of section 14005(d)(1) for such fiscal year; or (ii) provide, for elementary and secondary education and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students), percentages of the total revenues available to the State for each fiscal year that-- (I) for fiscal year 2010, are not less than such percentages, respectively, for fiscal year 2006; and (II) for fiscal year 2011, are not less than such percentages, respectively, for fiscal year 2009. (B) Inapplicable requirement.--Section 14012(c) of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall not apply with respect to any allocations made for fiscal year 2011 from funds appropriated under this Act. (10) Period for obligation of funds.--The Secretary of Education may extend the period of time available to States and recipients of awards under this section to obligate the funds appropriated under this Act for one additional fiscal year beyond the period provided for under section 421(b)(1) of the General Education Provisions Act (20 U.S.C. 1225(b)(1)). SEC. 3. EMERGENCY DESIGNATION. This Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

Keep Our Educators Working Act of 2010 - Appropriates funds for an Education Jobs Fund. Allocates the bulk of such Fund for grants to states pursuant to a formula that considers each state's share of individuals age 5 through 24 and each state's share of the nation's total population. Authorizes states to reserve a portion of the grant funds for administrative costs and for retaining or creating state education positions. Requires states to use the bulk of the grant to award subgrants to local educational agencies (LEAs) and public institutions of higher education to restore the reductions in state funding for elementary and secondary education and for public institutions of higher education that remain for FY2010 and FY2011, after including the funds they received for such reductions under the American Recovery and Reinvestment Act of 2009. Requires states that receive a grant that is more than what is required to cover such activities to allocate the excess to their LEAs based on the LEAs' relative share of school improvement funds under title I of the Elementary and Secondary Education Act of 1965. Limits the use of subgrant funds to retaining or hiring new employees, or on-the-job training activities for education careers. Designates this Act's appropriation as an emergency requirement.

A bill to establish an Education Jobs Fund.

SECTION 1. SHORT TITLE. This Act may be cited as the ``House Reservists Pay Adjustment Act of 2008''. SEC. 2. REPLACEMENT OF LOST INCOME FOR HOUSE EMPLOYEES ON ACTIVE DUTY UNDER INVOLUNTARY MOBILIZATION ORDER. (a) Payment.-- (1) In general.--For each active duty month of an eligible employee of the House of Representatives who is also a member of a Reserve component of the Armed Forces, the Chief Administrative Officer of the House of Representatives shall pay to the employee the amount by which-- (A) the amount of regular compensation the employee would have received from the House of Representatives if the month had not been an active duty month, exceeds (if at all) (B) the total monthly military compensation paid to the employee for the month by the Secretary of Defense. (2) Eligibility.--An employee of the House of Representatives is eligible for purposes of paragraph (1) with respect to an active duty month if the employee was an employee of the House of Representatives during each day of the 90-day period which ends on the day on which the employee reports for active duty under an involuntary mobilization order. (b) Determination of Compensation Employee Would Have Received.-- (1) In general.--For purposes of subsection (a)(1), the amount of regular compensation an employee would have received from the House of Representatives for a month shall be equal to the amount of compensation the employee received from the House of Representatives for the base month (excluding any bonus or incentive payment made during the month), increased (in a compound manner) by any cost-of-living adjustments applicable to the compensation of employees of the Office of the Chief Administrative Officer for months occurring after the base month. (2) Base month defined.--For purposes of paragraph (1), the term ``base month'' means, with respect to an employee, the most recent month for which the employee received compensation from the House of Representatives which precedes the active duty month. (c) Special Rules Regarding Amount of Payment.-- (1) Reduction for amounts paid from other sources as replacement of lost income.--The Chief Administrative Officer shall reduce the amount of any payment made to any individual under subsection (a) with respect to an active duty month by the amount of any payment received by the individual under section 910 of title 37, United States Code, or any other source that is provided to replace income lost by the individual during the month. (2) Minimum amount required for payment.--The Chief Administrative Officer shall not make a payment otherwise required under this section if the amount of the payment (as determined under subsection (a), taking into account the reduction made under paragraph (1)) is not greater than $50. (d) Definitions.--In this section-- (1) the term ``active duty month'' means, with respect to an employee of the House of Representatives who is also a member of a Reserve component of the Armed Forces, any month during which the employee is not able to perform duties for the office of the employee's employing authority because the employee is on active duty under an involuntary mobilization order for a period of more than 30 days; (2) the terms ``Armed Forces'', ``active duty for a period of more than 30 days'', and ``Reserve component'' have the meaning given such terms in section 101 of title 37, United States Code; and (3) the term ``total monthly military compensation'' has the meaning given such term in section 910(e)(2) of title 37, United States Code. (e) Authorization of Appropriations.--There are authorized to be appropriated from the applicable accounts of the House of Representatives such sums as may be necessary for payments under this section. (f) Effective Date.--This section shall apply with respect to active duty months beginning on or after the date of the enactment of this Act. SEC. 3. ENSURING CONSISTENCY WITH CODE OF OFFICIAL CONDUCT. Clause 8 of rule XXIII of the Rules of the House of Representatives is amended by adding at the end the following new paragraph: ``(d) Nothing in this clause may be construed to prohibit the disbursement or receipt of any payment authorized under section 2 of the House Reservists Pay Adjustment Act of 2008.''. SEC. 4. CLARIFICATION OF ELIGIBILITY OF SURVIVORS FOR HOUSE GRATUITY. The last undesignated paragraph under the center heading ``House of Representatives'' and the center subheading ``Contingent Expenses of the House'' in the first section of the Legislative Branch Appropriation Act, 1955 (2 U.S.C. 125), is amended by adding at the end the following: ``Nothing in this paragraph may be construed to prohibit the Chief Administrative Officer from paying a gratuity to the widow, widower, or heirs-at-law of an employee of the House who dies during an active duty month (as defined in section 2(d) of the House Reservists Pay Adjustment Act of 2008).''. Passed the House of Representatives September 11, 2008. Attest: LORRAINE C. MILLER, Clerk.

House Reservists Pay Adjustment Act - Requires the Chief Administrative Officer (CAO) of the House of Representatives to pay an eligible House employee, who is also a member of a Reserve component of the Armed Forces, for each active duty month the amount by which the employee's regular compensation from the House would have exceeded (if at all) the total monthly military compensation paid to the employee for the active duty month by the Secretary of Defense. Limits employee eligibility for such adjusted compensation to those employed by the House each day of the 90 days ending on the day on which the employee reports for active duty under an involuntary mobilization order. Requires the CAO to reduce the amount of any payment to such employee for an active duty month by the amount of any pay and allowances received by the individual from any other source as replacement of lost income. Prohibits the CAO from making a required payment under this Act unless the payment, taking into account any reduction, is at least $50. Authorizes appropriations. Amends Rule XXIII (Code of Official Conduct) of the Rules of the House of Representatives to declare that nothing in such Rule may be construed to prohibit the disbursement or receipt of any payment authorized under this Act. Amends the Legislative Branch Appropriation Act, 1955 to declare that nothing in the Act may be construed to prohibit the CAO from paying a gratuity to the widow, widower, or heirs-at-law of a House employee who dies during an active duty month.

To provide for the replacement of lost income for employees of the House of Representatives who are members of a reserve component of the armed forces who are on active duty for a period of more than 30 days, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Reinvestment Act''. SEC. 2. USE OF HAZARDOUS SUBSTANCE SUPERFUND FOR CLEANUP. (a) Availability of Amounts.--Section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended-- (1) in subsection (a) by striking ``For the purposes specified'' and all that follows through ``for the following purposes:'' and inserting the following: ``The amount in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to be used for the purposes specified in this section. The President shall use such amount for the following purposes:''; and (2) in subsection (c)-- (A) by striking ``Subject to such amounts as are provided in appropriations Acts, the'' each place it appears and inserting ``The''; and (B) in paragraph (12) by striking ``to the extent that such costs'' and all that follows through ``and 1994''. (b) Amendment to the Internal Revenue Code.--Section 9507 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``appropriated to'' in subsection (a)(1) and inserting ``made available for'', (2) by striking ``appropriated'' in subsection (b) and inserting ``transferred'', (3) by striking ``, as provided in appropriations Acts,'' in subsection (c)(1), and (4) by striking ``1995'' in subsection (d)(3)(B) and inserting ``2021''. SEC. 3. BUDGETARY TREATMENT OF HAZARDOUS SUBSTANCE SUPERFUND. Notwithstanding any other provision of law, the receipts and disbursements of the Hazardous Substance Superfund established in section 9507 of the Internal Revenue Code of 1986-- (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (A) the budget of the United States Government as submitted by the President; (B) the congressional budget (including allocations of budget authority and outlays provided therein); (C) the Balanced Budget and Emergency Deficit Control Act of 1985; or (D) the Statutory Pay-As-You-Go Act of 2010; (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government; and (3) shall be available only for the purposes specified in section 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611). SEC. 4. EXTENSION OF SUPERFUND TAXES. (a) Excise Taxes.--Subsection (e) of section 4611 of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Hazardous Substance Superfund Financing Rate.--The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of the Superfund Reinvestment Act and before January 1, 2019.''. (b) Corporate Environmental Income Tax.--Subsection (e) of section 59A of such Code is amended to read as follows: ``(e) Application of Tax.--The tax imposed by this section shall apply to taxable years beginning after December 31, 1986, and before January 1, 1996, and to taxable years beginning after the date of the enactment of the Superfund Reinvestment Act and before January 1, 2019.''. (c) Technical Amendments.-- (1) Subsection (b) of section 4611 of such Code is amended-- (A) by striking ``or exported from'' in paragraph (1)(A), (B) by striking ``or exportation'' in paragraph (1)(B), and (C) by striking ``and Exportation'' in the heading thereof. (2) Paragraph (3) of section 4611(d) of such Code is amended-- (A) by striking ``or exporting the crude oil, as the case may be'' and inserting ``the crude oil'', and (B) by striking ``or exports'' in the heading thereof. SEC. 5. APPLICABILITY. (a) In General.--Except as provided in subsections (b) and (c), this Act (including the amendments made by this Act) shall apply to fiscal years beginning after September 30, 2011. (b) Excise Taxes.--The amendments made by sections 4(a) and 4(c) shall take effect on the date of the enactment of this Act. (c) Income Tax.--The amendment made by section 4(b) shall apply to taxable years beginning after the date of the enactment of this Act.

Superfund Reinvestment Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize the use of amounts in the Hazardous Substance Superfund for environmental cleanup costs authorized by such Act. Provides that receipts and disbursements of the Hazardous Substance Superfund: (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus, for purposes of the President's budget, the congressional budget, the Balanced Budget and Emergency Deficit Control Act of 1985, or the Statutory Pay-As-You-Go Act of 2010; (2) shall be exempt from any general budget limitations; and (3) shall be available only for the purposes specified in CERCLA. Amends the Internal Revenue Code to reinstate until December 31, 2018, the Hazardous Substance Superfund financing rate and the corporate environmental income tax and extend the borrowing authority of the Superfund through 2021.

To provide for the use of funds in the Hazardous Substance Superfund for the purposes for which they were collected, to ensure adequate resources for the cleanup of hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Revolving Door Act of 1996''. SEC. 2. LIMITATION ON REPRESENTING OR ADVISING CERTAIN FOREIGN ENTITIES. (a) Amendment to Title 18.--Section 207(f) of title 18, United States Code, is amended to read as follows: ``(f) Restrictions Relating to Foreign Entities.-- ``(1) Ten-year restriction.--Any person who is an officer or employee described in paragraph (3) and who, within 10 years after the termination of the employee's service or employment as such officer or employee, knowingly acts as an agent or attorney for or otherwise represents or advises, for compensation, a government of a foreign country or a foreign political party, if the representation or advice relates directly to a matter in which the United States is a party or has a direct and substantial interest, shall be punished as provided in section 216 of this title. ``(2) Five-year restriction.--Any person who is an officer or employee described in paragraph (3) and who, within 5 years after the termination of his or her service or employment as such officer or employee, knowingly acts as an agent or attorney for or otherwise represents or advises, for compensation-- ``(A) a person outside of the United States, unless such person-- ``(i) if an individual, is a citizen of and domiciled within the United States, or ``(ii) if not an individual, is organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States and has its principal place of business within the United States, or ``(B) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country, if the representation or advice relates directly to a matter in which the United States is a party or has a direct and substantial interest, shall be punished as provided in section 216 of this title. ``(3) Persons to whom restrictions apply.--The officers and employees referred to in paragraphs (1) and (2) to whom the restrictions contained in such paragraphs apply are-- ``(A) the President of the United States; and ``(B) any person subject to the restrictions contained in subsection (c), (d), or (e). ``(4) Definitions.--For purposes of this subsection-- ``(A) the term `compensation' means any payment, gift, benefit, reward, favor, or gratuity which is provided, directly or indirectly, for services rendered; ``(B) the term `government of a foreign country' has the meaning given that term in section 1(e) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(e)); ``(C) the term `foreign political party' has the meaning given that term in section 1(f) of the Foreign Agents Registration Act of 1938 (22 U.S.C 611(f)); ``(D) the term `United States' means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and ``(E) the term `State' includes the District of Columbia and any commonwealth, territory, or possession of the United States.''. (b) Effective Date.-- (1) General rule.--Except as provided in paragraph (2), the amendment made by subsection (a) take effect on January 1, 1997. (2) Application.--The amendment made by subsection (a) does not apply to a person whose service as an officer or employee to which such amendment applies terminated before the effective date of such amendment. SEC. 3. CROSS-OVER LOBBYING. (a) Executive Branch.--Section 207(d) of title 18, United States Code, is amended by adding at the end the following: ``(3) Additional restriction.--Any person who is a former officer or employee of the executive branch of the United States, who is subject to subsection (c) or paragraphs (1) and (2) of this subsection, and who, within 1 year after the date of the termination of such officer or employee's service or employment with the United States, knowingly makes, with intent to influence, any communication to or appearance before any Member of Congress or officer or employee of the legislative branch of the United States on behalf of any other person (other than the United States or the District of Columbia) shall be punished as provided in section 216.''. (b) Legislative branch.--Section 207(e) of title 18, United States Code, is amended by redesignating paragraph (7) as paragraph (8) and by adding after paragraph (6) the following: ``(7) Additional restriction.--Any former Member of Congress and any former employee of the House of Representatives or Senate whose salary was greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule (at the time of the employee's termination of employment) who, within 1 year after the date of the termination of the service of the Member of Congress or the employment of such employee by the House of Representatives or Senate, knowingly makes, with intent to influence, any communication to or appearance before any officer or employee of the executive branch of the United States on behalf of any other person (other than the United States or the District of Columbia) shall be punished as provided in section 216.''. SEC. 4. FELONS. Section 207 of title 18, United States Code, is amended by adding at the end the following: ``(l) Any-- ``(1) former Member of Congress, ``(2) any former employee of the House of Representatives or Senate whose salary was greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule (at the time of the employee's termination of employment), and ``(3) any employee of the executive branch of the United States who is subject to subsection (c) or (d), who is convicted of a felony may not, for compensation, make any communication to or appearance before any employee of the House of Representatives or Senate or officer or employee of the executive branch of the United States.''. SEC. 5. EXEMPTION BASED ON REGISTRATION UNDER LOBBYING ACT. Section 3(h) of the Foreign Agents Registration Act (22 U.S.C. 613(h)) is amended by striking ``is required to register and does register'' and inserting ``has engaged in lobbying activities and has registered''.. SEC. 6. CIVIL PENALTIES. Section 8(a) of the Foreign Agents Registration Act (22 U.S.C. 618) is amended-- (1) by adding at the end the following: ``Such a person shall also be subject to a civil penalty of not more than $50,000 for each such violation which is knowingly committed.''; and (2) in paragraph (1), by moving the matter beginning with ``shall, upon conviction thereof,'' one em to the left.

Revolving Door Act of 1996 - Modifies Federal criminal code provisions restricting the activities of former officers, employees, and elected officials of the executive and legislative branches relating to foreign entities. Replaces a ban for one year after leaving office on representing, aiding, or advising a foreign entity before an officer or employee of any U.S. department or agency with intent to influence a decision of such officer in carrying out official duties with: (1) a ten-year restriction on the President, certain senior executive branch personnel, and Members of Congress and officers and employees of the legislative branch knowingly acting as an agent or attorney for, or otherwise representing or advising for compensation (representing), a foreign government or political party if the representation relates directly to a matter in which the United States is a party or has a direct and substantial interest; and (2) a five-year restriction on representing specified foreign persons or organizations if the representation relates directly to a matter in which the United States is a party or has a direct and substantial interest. Imposes penalties upon: (1) former executive branch officers who, within one year after termination of Federal service or employment, knowingly make, with intent to influence, any communication to or appearance before a Member or legislative branch officer or employee on behalf of any person other than the United States or the District of Columbia; and (2) former Members and former employees of the House of Representatives or Senate whose salaries exceeded 120 percent of the minimum rate of basic pay for GS-15 of the General Schedule who, within one year after termination of service, knowingly make such a communication to or appearance before any executive branch officer. Bars such an officer, employee, or Member who is convicted of a felony from making any communication to or appearance before any employee of the House or Senate or any executive branch officer for compensation. Amends the Foreign Agents Registration Act to: (1) exempt from registration requirements specified agents or entities engaged in lobbying activities that have registered under the Lobbying Disclosure Act of 1995; and (2) add a civil penalty of up to $50,000 for each violation (with respect to false statements and willful omissions) knowingly committed.

Revolving Door Act of 1996

-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-. -T-h-i-s -A-c-t -m-a-y -b-e -c-i-t-e-d -a-s -t-h-e -`-`-U-n-i-t-e-d -S-t-a-t-e-s -B-o-t-a-n-i-c -G-a-r-d-e-n -C-o-m-m-e-m-o-r-a-t-i-v-e -C-o-i-n -A-c-t -o-f -1-9-9-5-'-'-. -S-E-C-. -2-. -C-O-I-N -S-P-E-C-I-F-I-C-A-T-I-O-N-S-. -(-a-) -O-n-e---D-o-l-l-a-r -S-i-l-v-e-r -C-o-i-n-s-.-- -(-1-) -I-s-s-u-a-n-c-e-.---T-h-e -S-e-c-r-e-t-a-r-y -o-f -t-h-e -T-r-e-a-s-u-r-y -(-h-e-r-e-a-f-t-e-r -i-n -t-h-i-s -A-c-t -r-e-f-e-r-r-e-d -t-o -a-s -t-h-e -`-`-S-e-c-r-e-t-a-r-y-'-'-) -s-h-a-l-l -i-s-s-u-e -n-o-t -m-o-r-e -t-h-a-n -5-0-0-,-0-0-0 -$-1 -c-o-i-n-s-, -w-h-i-c-h -s-h-a-l-l -w-e-i-g-h -2-6-.-7-3 -g-r-a-m-s-, -h-a-v-e -a -d-i-a-m-e-t-e-r -o-f -1-.-5-0-0 -i-n-c-h-e-s-, -a-n-d -c-o-n-t-a-i-n -9-0 -p-e-r-c-e-n-t -s-i-l-v-e-r -a-n-d -1-0 -p-e-r-c-e-n-t -c-o-p-p-e-r-. -(-2-) -D-e-s-i-g-n-.---T-h-e -d-e-s-i-g-n -o-f -t-h-e -c-o-i-n-s -i-s-s-u-e-d -u-n-d-e-r -t-h-i-s -A-c-t -s-h-a-l-l -b-e -a -r-o-s-e-, -t-h-e -n-a-t-i-o-n-a-l -f-l-o-r-a-l -e-m-b-l-e-m-, -a-n-d -a -f-r-o-n-t-a-l -v-i-e-w -o-f -t-h-e -F-r-e-n-c-h -f-a-c-a-d-e -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -B-o-t-a-n-i-c -G-a-r-d-e-n-. -O-n -e-a-c-h -c-o-i-n -t-h-e-r-e -s-h-a-l-l -b-e -a -d-e-s-i-g-n-a-t-i-o-n -o-f -t-h-e -v-a-l-u-e -o-f -t-h-e -c-o-i-n-, -a-n -i-n-s-c-r-i-p-t-i-o-n -o-f -t-h-e -y-e-a-r -`-`-1-9-9-5-'-'-, -a-n-d -i-n-s-c-r-i-p-t-i-o-n-s -o-f -t-h-e -w-o-r-d-s -`-`-L-i-b-e-r-t-y-'-'-, -`-`-I-n -G-o-d -W-e -T-r-u-s-t-'-'-, -`-`-U-n-i-t-e-d -S-t-a-t-e-s -o-f -A-m-e-r-i-c-a-'-'-, -a-n-d -`-`-E -P-l-u-r-i-b-u-s -U-n-u-m-'-'-. -(-b-) -L-e-g-a-l -T-e-n-d-e-r-.---T-h-e -c-o-i-n-s -i-s-s-u-e-d -u-n-d-e-r -t-h-i-s -A-c-t -s-h-a-l-l -b-e -l-e-g-a-l -t-e-n-d-e-r-, -a-s -p-r-o-v-i-d-e-d -i-n -s-e-c-t-i-o-n -5-1-0-3 -o-f -t-i-t-l-e -3-1-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-. -S-E-C-. -3-. -S-O-U-R-C-E-S -O-F -B-U-L-L-I-O-N-. -T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -o-b-t-a-i-n -s-i-l-v-e-r -f-o-r -t-h-e -c-o-i-n-s -m-i-n-t-e-d -u-n-d-e-r -t-h-i-s -A-c-t -o-n-l-y -f-r-o-m -s-t-o-c-k-p-i-l-e-s -e-s-t-a-b-l-i-s-h-e-d -u-n-d-e-r -t-h-e -S-t-r-a-t-e-g-i-c -a-n-d -C-r-i-t-i-c-a-l -M-a-t-e-r-i-a-l-s -S-t-o-c-k -P-i-l-i-n-g -A-c-t-. -S-E-C-. -4-. -S-E-L-E-C-T-I-O-N -O-F -D-E-S-I-G-N-. -T-h-e -d-e-s-i-g-n -f-o-r -t-h-e -c-o-i-n-s -a-u-t-h-o-r-i-z-e-d -b-y -t-h-i-s -A-c-t -s-h-a-l-l -b-e -s-e-l-e-c-t-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -a-f-t-e-r -c-o-n-s-u-l-t-a-t-i-o-n -w-i-t-h -t-h-e -N-a-t-i-o-n-a-l -F-u-n-d -f-o-r -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -B-o-t-a-n-i-c -G-a-r-d-e-n -a-n-d -t-h-e -C-o-m-m-i-s-s-i-o-n -o-f -F-i-n-e -A-r-t-s-. -A-s -r-e-q-u-i-r-e-d -b-y -s-e-c-t-i-o-n -5-1-3-5 -o-f -t-i-t-l-e -3-1-, -U-n-i-t-e-d -S-t-a-t-e-s -C-o-d-e-, -t-h-e -d-e-s-i-g-n -s-h-a-l-l -a-l-s-o -b-e -r-e-v-i-e-w-e-d -b-y -t-h-e -C-i-t-i-z-e-n-s -C-o-m-m-e-m-o-r-a-t-i-v-e -C-o-i-n -A-d-v-i-s-o-r-y -C-o-m-m-i-t-t-e-e-. -S-E-C-. -5-. -I-S-S-U-A-N-C-E -O-F -C-O-I-N-S-. -(-a-) -Q-u-a-l-i-t-y -o-f -C-o-i-n-s-.---C-o-i-n-s -m-i-n-t-e-d -u-n-d-e-r -t-h-i-s -A-c-t -m-a-y -b-e -i-s-s-u-e-d -i-n -u-n-c-i-r-c-u-l-a-t-e-d -a-n-d -p-r-o-o-f -q-u-a-l-i-t-i-e-s-. -(-b-) -M-i-n-t -F-a-c-i-l-i-t-y-.---N-o-t -m-o-r-e -t-h-a-n -1 -f-a-c-i-l-i-t-y -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -M-i-n-t -m-a-y -b-e -u-s-e-d -t-o -s-t-r-i-k-e -a-n-y -p-a-r-t-i-c-u-l-a-r -q-u-a-l-i-t-y -o-f -t-h-e -c-o-i-n-s -m-i-n-t-e-d -u-n-d-e-r -t-h-i-s -A-c-t-. -(-c-) -P-e-r-i-o-d -o-f -I-s-s-u-a-n-c-e-.---T-h-e -S-e-c-r-e-t-a-r-y -m-a-y -i-s-s-u-e -c-o-i-n-s -m-i-n-t-e-d -u-n-d-e-r -t-h-i-s -A-c-t -d-u-r-i-n-g -t-h-e -p-e-r-i-o-d -b-e-g-i-n-n-i-n-g -o-n -J-a-n-u-a-r-y -1-, -1-9-9-5-, -a-n-d -e-n-d-i-n-g -o-n -D-e-c-e-m-b-e-r -3-1-, -1-9-9-5-. -S-E-C-. -6-. -S-A-L-E -O-F -C-O-I-N-S-. -(-a-) -S-a-l-e -P-r-i-c-e-.---T-h-e -c-o-i-n-s -a-u-t-h-o-r-i-z-e-d -u-n-d-e-r -t-h-i-s -A-c-t -s-h-a-l-l -b-e -s-o-l-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -a-t -a -p-r-i-c-e -e-q-u-a-l -t-o -t-h-e -s-u-m -o-f -t-h-e -f-a-c-e -v-a-l-u-e -o-f -t-h-e -c-o-i-n-s-, -t-h-e -s-u-r-c-h-a-r-g-e -p-r-o-v-i-d-e-d -i-n -s-u-b-s-e-c-t-i-o-n -(-d-) -w-i-t-h -r-e-s-p-e-c-t -t-o -s-u-c-h -c-o-i-n-s-, -a-n-d -t-h-e -c-o-s-t -o-f -d-e-s-i-g-n-i-n-g -a-n-d -i-s-s-u-i-n-g -t-h-e -c-o-i-n-s -(-i-n-c-l-u-d-i-n-g -l-a-b-o-r-, -m-a-t-e-r-i-a-l-s-, -d-i-e-s-, -u-s-e -o-f -m-a-c-h-i-n-e-r-y-, -o-v-e-r-h-e-a-d -e-x-p-e-n-s-e-s-, -m-a-r-k-e-t-i-n-g-, -a-n-d -s-h-i-p-p-i-n-g-)-. -(-b-) -B-u-l-k -S-a-l-e-s-.----T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -m-a-k-e -b-u-l-k -s-a-l-e-s -a-v-a-i-l-a-b-l-e -a-t -a -r-e-a-s-o-n-a-b-l-e -d-i-s-c-o-u-n-t-. -(-c-) -P-r-e-p-a-i-d -O-r-d-e-r-s-.---T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -a-c-c-e-p-t -p-r-e-p-a-i-d -o-r-d-e-r-s -f-o-r -t-h-e -c-o-i-n-s -a-u-t-h-o-r-i-z-e-d -u-n-d-e-r -t-h-i-s -A-c-t -p-r-i-o-r -t-o -t-h-e -i-s-s-u-a-n-c-e -o-f -s-u-c-h -c-o-i-n-s-. -S-a-l-e-s -u-n-d-e-r -t-h-i-s -s-u-b-s-e-c-t-i-o-n -s-h-a-l-l -b-e -a-t -a -r-e-a-s-o-n-a-b-l-e -d-i-s-c-o-u-n-t-. -(-d-) -S-u-r-c-h-a-r-g-e -R-e-q-u-i-r-e-d-.---A-l-l -s-a-l-e-s -s-h-a-l-l -i-n-c-l-u-d-e -a -s-u-r-c-h-a-r-g-e -o-f -$-1-0 -p-e-r -c-o-i-n-. -S-E-C-. -7-. -G-E-N-E-R-A-L -W-A-I-V-E-R -O-F -P-R-O-C-U-R-E-M-E-N-T -R-E-G-U-L-A-T-I-O-N-S-. -N-o -p-r-o-v-i-s-i-o-n -o-f -l-a-w -g-o-v-e-r-n-i-n-g -p-r-o-c-u-r-e-m-e-n-t -o-r -p-u-b-l-i-c -c-o-n-t-r-a-c-t-s -s-h-a-l-l -b-e -a-p-p-l-i-c-a-b-l-e -t-o -t-h-e -p-r-o-c-u-r-e-m-e-n-t -o-f -g-o-o-d-s -o-r -s-e-r-v-i-c-e-s -n-e-c-e-s-s-a-r-y -f-o-r -c-a-r-r-y-i-n-g -o-u-t -t-h-e -p-r-o-v-i-s-i-o-n-s -o-f -t-h-i-s -A-c-t-. -N-o-t-h-i-n-g -i-n -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l -r-e-l-i-e-v-e -a-n-y -p-e-r-s-o-n -e-n-t-e-r-i-n-g -i-n-t-o -a -c-o-n-t-r-a-c-t -u-n-d-e-r -t-h-e -a-u-t-h-o-r-i-t-y -o-f -t-h-i-s -A-c-t -f-r-o-m -c-o-m-p-l-y-i-n-g -w-i-t-h -a-n-y -l-a-w -r-e-l-a-t-i-n-g -t-o -e-q-u-a-l -e-m-p-l-o-y-m-e-n-t -o-p-p-o-r-t-u-n-i-t-y-. -S-E-C-. -8-. -D-I-S-T-R-I-B-U-T-I-O-N -O-F -S-U-R-C-H-A-R-G-E-S-. -A-l-l -s-u-r-c-h-a-r-g-e-s -r-e-c-e-i-v-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -f-r-o-m -t-h-e -s-a-l-e -o-f -c-o-i-n-s -i-s-s-u-e-d -u-n-d-e-r -t-h-i-s -A-c-t -s-h-a-l-l -b-e -p-r-o-m-p-t-l-y -p-a-i-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -t-o -t-h-e -N-a-t-i-o-n-a-l -F-u-n-d -f-o-r -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -B-o-t-a-n-i-c -G-a-r-d-e-n-. -S-E-C-. -9-. -A-U-D-I-T-S-. -T-h-e -C-o-m-p-t-r-o-l-l-e-r -G-e-n-e-r-a-l -s-h-a-l-l -h-a-v-e -t-h-e -r-i-g-h-t -t-o -e-x-a-m-i-n-e -s-u-c-h -b-o-o-k-s-, -r-e-c-o-r-d-s-, -d-o-c-u-m-e-n-t-s-, -a-n-d -o-t-h-e-r -d-a-t-a -o-f -t-h-e -N-a-t-i-o-n-a-l -F-u-n-d -f-o-r -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -B-o-t-a-n-i-c -G-a-r-d-e-n -a-s -m-a-y -b-e -r-e-l-a-t-e-d -t-o -t-h-e -e-x-p-e-n-d-i-t-u-r-e-s -o-f -a-m-o-u-n-t-s -p-a-i-d -u-n-d-e-r -s-e-c-t-i-o-n -8-. SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Botanic Garden Commemorative Coin Act of 1995''. SEC. 2. COIN SPECIFICATIONS. (a) One-Dollar Silver Coins.-- (1) Issuance.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches, and contain 90 percent silver and 10 percent copper. (2) Design.--The design of the coins issued under this Act shall be a rose, the national floral emblem, and a frontal view of the French facade of the United States Botanic Garden. On each coin there shall be a designation of the value of the coin, an inscription of the year ``1995'', and inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Legal Tender.--The coins issued under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCE OF BULLION. The Secretary shall obtain silver for the coins minted under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. SELECTION OF DESIGN. The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the National Fund for the United States Botanic Garden and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act may be issued in uncirculated and proof qualities. (b) Mint Facility.--Not more than 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period of Issuance.--The Secretary may issue coins minted under this Act during the period beginning on January 1, 1995, and ending on December 31, 1995. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins authorized under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge provided in subsection (d) with respect to such coins, and the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales available at a reasonable discount. (c) Prepaid Orders.--The Secretary shall accept prepaid orders for the coins authorized under this Act prior to the issuance of such coins. Sales under this subsection shall be at a reasonable discount. (d) Surcharge Required.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Fund for the United States Botanic Garden. SEC. 9. AUDITS. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National Fund for the United States Botanic Garden as may be related to the expenditures of amounts paid under section 8.

United States Botanic Garden Commemorative Coin Act of 1995 - Directs the Secretary of the Treasury to issue one-dollar silver coins for a one-year period to commemorate the 175th anniversary of the founding of the United States Botanic Garden. States that the design for such coins shall be selected by the Secretary after consultation with the National Fund for the United States Botanic Garden and the Commission of Fine Arts and after review by the Citizens Commemorative Coin Advisory Committee. Directs the Secretary to distribute all surcharges from the coin sales to the National Fund for the United States Botanic Garden.

United States Botanic Garden Commemorative Coin Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``SUTA Dumping Prevention Act of 2004''. SEC. 2. TRANSFER OF UNEMPLOYMENT EXPERIENCE UPON TRANSFER OR ACQUISITION OF A BUSINESS. (a) In General.--Section 303 of the Social Security Act (42 U.S.C. 503) is amended by adding at the end the following: ``(k)(1) For purposes of subsection (a), the unemployment compensation law of a State must provide-- ``(A) that if an employer transfers its business to another employer, and both employers are (at the time of transfer) under substantially common ownership, management, or control, then the unemployment experience attributable to the transferred business shall also be transferred to (and combined with the unemployment experience attributable to) the employer to whom such business is so transferred, ``(B) that unemployment experience shall not, by virtue of the transfer of a business, be transferred to the person acquiring such business if-- ``(i) such person is not otherwise an employer at the time of such acquisition, and ``(ii) the State agency finds that such person acquired the business solely or primarily for the purpose of obtaining a lower rate of contributions, ``(C) that unemployment experience shall (or shall not) be transferred in accordance with such regulations as the Secretary of Labor may prescribe to ensure that higher rates of contributions are not avoided through the transfer or acquisition of a business, ``(D) that meaningful civil and criminal penalties are imposed with respect to-- ``(i) persons that knowingly violate or attempt to violate those provisions of the State law which implement subparagraph (A) or (B) or regulations under subparagraph (C), and ``(ii) persons that knowingly advise another person to violate those provisions of the State law which implement subparagraph (A) or (B) or regulations under subparagraph (C), and ``(E) for the establishment of procedures to identify the transfer or acquisition of a business for purposes of this subsection. ``(2) For purposes of this subsection-- ``(A) the term `unemployment experience', with respect to any person, refers to such person's experience with respect to unemployment or other factors bearing a direct relation to such person's unemployment risk; ``(B) the term `employer' means an employer as defined under the State law; ``(C) the term `business' means a trade or business (or a part thereof); ``(D) the term `contributions' has the meaning given such term by section 3306(g) of the Internal Revenue Code of 1986; ``(E) the term `knowingly' means having actual knowledge of or acting with deliberate ignorance of or reckless disregard for the prohibition involved; and ``(F) the term `person' has the meaning given such term by section 7701(a)(1) of the Internal Revenue Code of 1986.''. (b) Study and Reporting Requirements.-- (1) Study.--The Secretary of Labor shall conduct a study of the implementation of the provisions of section 303(k) of the Social Security Act (as added by subsection (a)) to assess the status and appropriateness of State actions to meet the requirements of such provisions. (2) Report.--Not later than July 15, 2007, the Secretary of Labor shall submit to the Congress a report that contains the findings of the study required by paragraph (1) and recommendations for any Congressional action that the Secretary considers necessary to improve the effectiveness of section 303(k) of the Social Security Act. (c) Effective Date.--The amendment made by subsection (a) shall, with respect to a State, apply to certifications for payments (under section 302(a) of the Social Security Act) in rate years beginning after the end of the 26-week period beginning on the first day of the first regularly scheduled session of the State legislature beginning on or after the date of the enactment of this Act. (d) Definitions.--For purposes of this section-- (1) the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands; (2) the term ``rate year'' means the rate year as defined in the applicable State law; and (3) the term ``State law'' means the unemployment compensation law of the State, approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1986. SEC. 3. USE OF NEW HIRE INFORMATION TO ASSIST IN ADMINISTRATION OF UNEMPLOYMENT COMPENSATION PROGRAMS. Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is amended by adding at the end the following: ``(8) Information comparisons and disclosure to assist in administration of unemployment compensation programs.-- ``(A) In general.--If, for purposes of administering an unemployment compensation program under Federal or State law, a State agency responsible for the administration of such program transmits to the Secretary the names and social security account numbers of individuals, the Secretary shall disclose to such State agency information on such individuals and their employers maintained in the National Directory of New Hires, subject to this paragraph. ``(B) Condition on disclosure by the secretary.-- The Secretary shall make a disclosure under subparagraph (A) only to the extent that the Secretary determines that the disclosure would not interfere with the effective operation of the program under this part. ``(C) Use and disclosure of information by state agencies.-- ``(i) In general.--A State agency may not use or disclose information provided under this paragraph except for purposes of administering a program referred to in subparagraph (A). ``(ii) Information security.--The State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of information obtained under this paragraph and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures. ``(iii) Penalty for misuse of information.--An officer or employee of the State agency who fails to comply with this subparagraph shall be subject to the sanctions under subsection (l)(2) to the same extent as if such officer or employee was an officer or employee of the United States. ``(D) Procedural requirements.--State agencies requesting information under this paragraph shall adhere to uniform procedures established by the Secretary governing information requests and data matching under this paragraph. ``(E) Reimbursement of costs.--The State agency shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph.''.

SUTA Dumping Prevention Act of 2004 - Amends the Social Security Act (SSA) with respect to administration of unemployment taxes and benefits. Revises SSA title III (Grants to States for Unemployment Compensation Administration) to require State unemployment compensation laws, as a condition of State eligibility for such grants, to provide for transfer of unemployment experience upon transfer or acquisition of a business. Directs the Secretary of Labor to study and report to Congress on State implementation of such requirement. Revises SSA title IV part D (Child Support and Establishment of Paternity) to direct the Secretary of Health and Human Services to disclose information on individuals and their employers in the National Directory of New Hires to a State agency that, for purposes of administering a Federal or State unemployment compensation law, transmits such individuals' names and Social Security account numbers to the Secretary. Requires such disclosure only to the extent that it would not interfere with effective operation of the part D program.

A bill to amend titles III and IV of the Social Security Act to improve the administration of unemployment taxes and benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Food Tracking Improvement Act''. SEC. 2. TRACEABILITY OF FOOD. The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is amended-- (1) in section 301, by inserting at the end the following: ``(jj) The failure to comply with any requirement of section 414A (relating to the traceability of food).''; and (2) in chapter IV, by inserting after section 414 the following: ``SEC. 414A. TRACEABILITY OF FOOD. ``(a) Establishment of System.--Not later than 3 years after the date of the enactment of this section, the Secretary shall establish a traceability system described in subsection (b) for all stages of manufacturing, processing, packaging, and distribution of food. ``(b) Description of System.--The traceability system required by subsection (a) shall require each article of food shipped in interstate commerce to be identified in a manner that enables the Secretary to retrieve the history, use, and location of the article through a recordkeeping and audit system, a secure, online database, or registered identification. ``(c) Records.-- ``(1) In general.--The Secretary may require that each person required to identify an article of food pursuant to subsection (b) maintain accurate records, as prescribed by the Secretary, regarding the purchase, sale, and identification of the article. ``(2) Access.--Each person described in paragraph (1) shall, at all reasonable times, on notice by a duly authorized representative of the Secretary, allow the representative to access to each place of business of the person to examine and copy the records described in paragraph (1). ``(3) Duration.--Each person described in paragraph (1) shall maintain records as required under this subsection for such period of time as the Secretary prescribes. ``(d) False Information.--No person shall falsify or misrepresent to any other person or to the Secretary, any information as to any location at which any article of food was held. ``(e) Alteration or Destruction of Records.--No person shall, without authorization from the Secretary, alter, detach, or destroy any records or other means of identification prescribed by the Secretary for use in determining the location at which any article of food was held. ``(f) Advisory Committee.-- ``(1) In general.--In order to assist the Secretary in implementing the traceability system under subsection (a), the Secretary shall convene an advisory committee (referred to in this subsection as the `Committee'). ``(2) Membership.--The Committee shall consist of 13 members appointed by the Secretary which shall include-- ``(A) an equitable number of food safety and tracking technology experts, representatives of the food industry, and consumer advocates; and ``(B) officials from the Center for Food Safety and Applied Nutrition and the Office of Regulatory Affairs of the Food and Drug Administration and the Agriculture Marketing Service of the Department of Agriculture. ``(3) Chairperson.--The Secretary shall appoint a Chairperson of the Committee. ``(4) Meeting.--The Committee shall convene not later than 180 days after the date of enactment of this section and periodically thereafter at the call of the Chairperson. ``(5) Report of committee.-- ``(A) In general.--Not later than 1 year after the date of enactment of this section, the Committee shall submit to the Secretary and the Office of the Commissioner a report that describes the recommendations regarding the most practicable approach to providing for the traceability of food, including the most efficient means of implementing the traceback of contaminated foods. ``(B) Considerations.--In developing the report under subparagraph (A), the Committee shall consider the following approaches to providing for the traceability of food: ``(i) A national database or registry operated by the Food and Drug Administration. ``(ii) Electronic records identifying each prior sale, purchase, or trade of the food and its ingredients, and establishing that the food and its ingredients were grown, prepared, handled, manufactured, processed, distributed, shipped, warehoused, imported, and conveyed under conditions to ensure the safety of the food. The records would include an electronic statement with the date of, and the names and addresses of all parties to, each prior sale, purchase, or trade, and any other information as appropriate. ``(iii) Standardized tracking numbers on all shipments. These numbers would identify the country of origin, the unique facility registration number, date of production, and lot number (if applicable). ``(iv) Recall performance standards for each food or commodity type. ``(v) Safeguards for the combining, repacking, or otherwise mixing of items of food, particularly fresh produce. ``(vi) Other approaches that enable the reliable tracking of food and food products. ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $40,000,000 for the period of fiscal years 2009 through 2011.''.

Food Tracking Improvement Act - Amends the Federal Food, Drug, and Cosmetic Act to prohibit failing to comply with any requirement of this Act. Requires the Secretary of Health and Human Services to: (1) establish a traceability system for all stages of manufacturing, processing, packaging, and distribution of food; and (2) convene an advisory committee to assist in implementing the system. Requires the system to identify each article of food shipped in interstate commerce in a manner that enables the Secretary to retrieve the history, use, and location of the article through a recordkeeping and audit system, a secure, online database, or registered identification. Authorizes the Secretary to direct each person required to identify an article of food to maintain accurate records regarding the purchase, sale, and identification of the article. Requires each such person to allow authorized representatives of the Secretary to examine and copy records. Prohibits any person from: (1) falsifying or misrepresenting information as to the location at which any article of food was held; or (2) altering, detaching, or destroying any records or other means of identification for use in determining such a location.

A bill to amend the Federal Food, Drug, and Cosmetic Act to provide for the establishment of a traceability system for food, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Family Opportunity Act of 2003'' or the ``Dylan Lee James Act''. (b) Amendments to Social Security Act.--Except as otherwise specifically provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; amendments to Social Security Act; table of contents. Sec. 2. Opportunity for families of disabled children to purchase medicaid coverage for such children. Sec. 3. Treatment of inpatient psychiatric hospital services for individuals under age 21 in home or community-based services waivers. Sec. 4. Development and support of family-to-family health information centers. Sec. 5. Restoration of medicaid eligibility for certain SSI beneficiaries. SEC. 2. OPPORTUNITY FOR FAMILIES OF DISABLED CHILDREN TO PURCHASE MEDICAID COVERAGE FOR SUCH CHILDREN. (a) State Option To Allow Families of Disabled Children To Purchase Medicaid Coverage for Such Children.-- (1) In general.--Section 1902 (42 U.S.C. 1396a) is amended-- (A) in subsection (a)(10)(A)(ii)-- (i) by striking ``or'' at the end of subclause (XVII); (ii) by adding ``or'' at the end of subclause (XVIII); and (iii) by adding at the end the following new subclause: ``(XIX) who are disabled children described in subsection (cc)(1);''; and (B) by adding at the end the following new subsection: ``(cc)(1) Individuals described in this paragraph are individuals-- ``(A) who have not attained 18 years of age; ``(B) who would be considered disabled under section 1614(a)(3)(C) but for having earnings or deemed income or resources (as determined under title XVI for children) that exceed the requirements for receipt of supplemental security income benefits; and ``(C) whose family income does not exceed such income level as the State establishes and does not exceed-- ``(i) 250 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved; or ``(ii) such higher percent of such poverty line as a State may establish, except that-- ``(I) any medical assistance provided to an individual whose family income exceeds 250 percent of such poverty line may only be provided with State funds; and ``(II) no Federal financial participation shall be provided under section 1903(a) for any medical assistance provided to such an individual.''. (2) Interaction with employer-sponsored family coverage.-- Section 1902(cc) (42 U.S.C. 1396a(cc)), as added by paragraph (1)(B), is amended by adding at the end the following new paragraph: ``(2)(A) If an employer of a parent of an individual described in paragraph (1) offers family coverage under a group health plan (as defined in section 2791(a) of the Public Health Service Act), the State shall-- ``(i) require such parent to apply for, enroll in, and pay premiums for, such coverage as a condition of such parent's child being or remaining eligible for medical assistance under subsection (a)(10)(A)(ii)(XIX) if the parent is determined eligible for such coverage and the employer contributes at least 50 percent of the total cost of annual premiums for such coverage; and ``(ii) if such coverage is obtained-- ``(I) subject to paragraph (2) of section 1916(h), reduce the premium imposed by the State under that section in an amount that reasonably reflects the premium contribution made by the parent for private coverage on behalf of a child with a disability; and ``(II) treat such coverage as a third party liability under subsection (a)(25). ``(B) In the case of a parent to which subparagraph (A) applies, a State, subject to paragraph (1)(C)(ii), may provide for payment of any portion of the annual premium for such family coverage that the parent is required to pay. Any payments made by the State under this subparagraph shall be considered, for purposes of section 1903(a), to be payments for medical assistance.''. (b) State Option To Impose Income-Related Premiums.--Section 1916 (42 U.S.C. 1396o) is amended-- (1) in subsection (a), by striking ``subsection (g)'' and inserting ``subsections (g) and (h)''; and (2) by adding at the end the following new subsection: ``(h)(1) With respect to disabled children provided medical assistance under section 1902(a)(10)(A)(ii)(XIX), subject to paragraph (2), a State may (in a uniform manner for such children) require the families of such children to pay monthly premiums set on a sliding scale based on family income. ``(2) A premium requirement imposed under paragraph (1) may only apply to the extent that-- ``(A) the aggregate amount of such premium and any premium that the parent is required to pay for family coverage under section 1902(cc)(2)(A)(i) does not exceed 5 percent of the family's income; and ``(B) the requirement is imposed consistent with section 1902(cc)(2)(A)(ii)(I). ``(3) A State shall not require prepayment of a premium imposed pursuant to paragraph (1) and shall not terminate eligibility of a child under section 1902(a)(10)(A)(ii)(XIX) for medical assistance under this title on the basis of failure to pay any such premium until such failure continues for a period of not less than 60 days from the date on which the premium became past due. The State may waive payment of any such premium in any case where the State determines that requiring such payment would create an undue hardship.''. (c) Conforming Amendments.--Section 1903(f)(4) (42 U.S.C. 1396b(f)(4)) is amended in the matter preceding subparagraph (A), by inserting ``1902(a)(10)(A)(ii)(XIX),'' after ``1902(a)(10)(A)(ii)(XVIII),''. (d) Effective Date.--The amendments made by this section shall apply to medical assistance for items and services furnished on or after October 1, 2005. SEC. 3. TREATMENT OF INPATIENT PSYCHIATRIC HOSPITAL SERVICES FOR INDIVIDUALS UNDER AGE 21 IN HOME OR COMMUNITY-BASED SERVICES WAIVERS. (a) In General.--Section 1915(c) (42 U.S.C. 1396n(c)) is amended-- (1) in paragraph (1)-- (A) in the first sentence, by inserting ``, or would require inpatient psychiatric hospital services for individuals under age 21,'' after ``intermediate care facility for the mentally retarded''; and (B) in the second sentence, by inserting ``, or would require inpatient psychiatric hospital services for individuals under age 21'' before the period; (2) in paragraph (2)(B), by striking ``or services in an intermediate care facility for the mentally retarded'' each place it appears and inserting ``services in an intermediate care facility for the mentally retarded, or inpatient psychiatric hospital services for individuals under age 21''; (3) in paragraph (2)(C)-- (A) by inserting ``, or who are determined to be likely to require inpatient psychiatric hospital services for individuals under age 21,'' after ``, or intermediate care facility for the mentally retarded''; and (B) by striking ``or services in an intermediate care facility for the mentally retarded'' and inserting ``services in an intermediate care facility for the mentally retarded, or inpatient psychiatric hospital services for individuals under age 21''; and (4) in paragraph (7)(A)-- (A) by inserting ``or would require inpatient psychiatric hospital services for individuals under age 21,'' after ``intermediate care facility for the mentally retarded,''; and (B) by inserting ``or who would require inpatient psychiatric hospital services for individuals under age 21'' before the period. (b) Effective Date.--The amendments made by subsection (a) apply with respect to medical assistance provided on or after January 1, 2004. SEC. 4. DEVELOPMENT AND SUPPORT OF FAMILY-TO-FAMILY HEALTH INFORMATION CENTERS. Section 501 (42 U.S.C. 701) is amended by adding at the end the following new subsection: ``(c)(1)(A) For the purpose of enabling the Secretary (through grants, contracts, or otherwise) to provide for special projects of regional and national significance for the development and support of family-to-family health information centers described in paragraph (2)-- ``(i) there is appropriated to the Secretary, out of any money in the Treasury not otherwise appropriated-- ``(I) $3,000,000 for fiscal year 2004; ``(II) $4,000,000 for fiscal year 2005; and ``(III) $5,000,000 for fiscal year 2006; and ``(ii) there is authorized to be appropriated to the Secretary, $5,000,000 for each of fiscal years 2007 and 2008. ``(B) Funds appropriated or authorized to be appropriated under subparagraph (A) shall-- ``(i) be in addition to amounts appropriated under subsection (a) and retained under section 502(a)(1) for the purpose of carrying out activities described in subsection (a)(2); and ``(ii) remain available until expended. ``(2) The family-to-family health information centers described in this paragraph are centers that-- ``(A) assist families of children with disabilities or special health care needs to make informed choices about health care in order to promote good treatment decisions, cost- effectiveness, and improved health outcomes for such children; ``(B) provide information regarding the health care needs of, and resources available for, children with disabilities or special health care needs; ``(C) identify successful health delivery models for such children; ``(D) develop with representatives of health care providers, managed care organizations, health care purchasers, and appropriate State agencies a model for collaboration between families of such children and health professionals; ``(E) provide training and guidance regarding caring for such children; ``(F) conduct outreach activities to the families of such children, health professionals, schools, and other appropriate entities and individuals; and ``(G) are staffed by families of children with disabilities or special health care needs who have expertise in Federal and State public and private health care systems and health professionals. ``(3) The Secretary shall develop family-to-family health information centers described in paragraph (2) under this subsection in accordance with the following: ``(A) With respect to fiscal year 2004, such centers shall be developed in not less than 25 States. ``(B) With respect to fiscal year 2005, such centers shall be developed in not less than 40 States. ``(C) With respect to fiscal year 2006, such centers shall be developed in not less than 50 States and the District of Columbia. ``(4) The provisions of this title that are applicable to the funds made available to the Secretary under section 502(a)(1) apply in the same manner to funds made available to the Secretary under paragraph (1)(A). ``(5) For purposes of this subsection, the term `State' means each of the 50 States and the District of Columbia.''. SEC. 5. RESTORATION OF MEDICAID ELIGIBILITY FOR CERTAIN SSI BENEFICIARIES. (a) In General.--Section 1902(a)(10)(A)(i)(II) (42 U.S.C. 1396a(a)(10)(A)(i)(II)) is amended-- (1) by inserting ``(aa)'' after ``(II)''; (2) by striking ``) and'' and inserting ``and''; (3) by striking ``section or who are'' and inserting ``section), (bb) who are''; and (4) by inserting before the comma at the end the following: ``, or (cc) who are under 21 years of age and with respect to whom supplemental security income benefits would be paid under title XVI if subparagraphs (A) and (B) of section 1611(c)(7) were applied without regard to the phrase `the first day of the month following'''. (b) Effective Date.--The amendments made by subsection (a) shall apply to medical assistance for items and services furnished on or after the first day of the first calendar quarter that begins after the date of enactment of this Act.

Family Opportunity Act of 2003 or Dylan Lee James Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) give States the option of allowing families of disabled children to purchase Medicaid coverage for them; and (2) provide for treatment of inpatient psychiatric hospital services for individuals under age 21 under waivers allowing for payment of part or all of the cost of home or community-based services.Amends SSA title V (Maternal and Child Health Services) to make appropriations to the Secretary of Health and Human Services for special projects of regional and national significance for development and support of family-to-family health information centers.Amends SSA title XIX to provide for the restoration of Medicaid eligibility to certain Supplemental Security Income (SSA title XVI) beneficiaries under age 21.

To amend title XIX of the Social Security Act to provide families of disabled children with the opportunity to purchase coverage under the Medicaid Program for such children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National All Schedules Prescription Electronic Reporting Reauthorization Act of 2010''. SEC. 2. AMENDMENT TO PURPOSE. Paragraph (1) of section 2 of the National All Schedules Prescription Electronic Reporting Act of 2005 (Public Law 109-60) is amended to read as follows: ``(1) foster the establishment of State-administered controlled substance monitoring systems in order to ensure that-- ``(A) health care providers have access to the accurate, timely prescription history information that they may use as a tool for the early identification of patients at risk for addiction in order to initiate appropriate medical interventions and avert the tragic personal, family, and community consequences of untreated addiction; and ``(B) appropriate law enforcement, regulatory, and State professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists; and''. SEC. 3. AMENDMENTS TO CONTROLLED SUBSTANCE MONITORING PROGRAM. Section 399O of the Public Health Service Act (42 U.S.C. 280g-3) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``or''; (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(C) to maintain and operate an existing State controlled substance monitoring program.''; (2) by amending subsection (b) to read as follows: ``(b) Minimum Requirements.--The Secretary shall maintain and, as appropriate, supplement or revise (after publishing proposed additions and revisions in the Federal Register and receiving public comments thereon) minimum requirements for criteria to be used by States for purposes of clauses (ii), (v), (vi), and (vii) of subsection (c)(1)(A).''; (3) in subsection (c)-- (A) in paragraph (1)(B)-- (i) in the matter preceding clause (i), by striking ``(a)(1)(B)'' and inserting ``(a)(1)(B) or (a)(1)(C)''; (ii) in clause (i), by striking ``program to be improved'' and inserting ``program to be improved or maintained''; and (iii) in clause (iv), by striking ``public health'' and inserting ``public health or public safety''; (B) in paragraph (3)-- (i) by striking ``If a State that submits'' and inserting the following: ``(A) In general.--If a State that submits''; (ii) by inserting before the period at the end ``and include timelines for full implementation of such interoperability''; and (iii) by adding at the end the following: ``(B) Monitoring of efforts.--The Secretary shall monitor State efforts to achieve interoperability, as described in subparagraph (A).''; (C) in paragraph (5)-- (i) by striking ``implement or improve'' and inserting ``establish, improve, or maintain''; and (ii) by adding at the end the following: ``The Secretary shall redistribute any funds that are so returned among the remaining grantees under this section in accordance with the formula described in subsection (a)(2)(B).''; (4) in the matter preceding paragraph (1) in subsection (d), by striking ``In implementing or improving'' all that follows through ``with the following:'' and inserting ``In establishing, improving, or maintaining a controlled substance monitoring program under this section, a State shall comply, or with respect to a State that applies for a grant under subsection (a)(1)(B) or (C) submit to the Secretary for approval a statement of why such compliance is not feasible and a plan for bringing the State into compliance, with the following:''; (5) in subsections (e), (f)(1), and (g), by striking ``implementing or improving'' each place it appears and inserting ``establishing, improving, or maintaining''; (6) in subsection (f)-- (A) in paragraph (1)(B) by striking ``misuse of a schedule II, III, or IV substance'' and inserting ``misuse of a controlled substance included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act''; and (B) add at the end the following: ``(3) Evaluation and reporting.--Subject to subsection (g), a State receiving a grant under subsection (a) shall provide the Secretary with aggregate data and other information determined by the Secretary to be necessary to enable the Secretary-- ``(A) to evaluate the success of the State's program in achieving its purposes; or ``(B) to prepare and submit the report to Congress required by subsection (k)(2). ``(4) Research by other entities.--A department, program, or administration receiving nonidentifiable information under paragraph (1)(D) may make such information available to other entities for research purposes.''; (7) by redesignating subsections (h) through (n) as subsections (i) through (o), respectively; (8) in subsections (c)(1)(A)(iv) and (d)(4), by striking ``subsection (h)'' each place it appears and inserting ``subsection (i)''; (9) by inserting after subsection (g) the following: ``(h) Education and Access to the Monitoring System.--A State receiving a grant under subsection (a) shall take steps to-- ``(1) facilitate prescriber use of the State's controlled substance monitoring system; and ``(2) educate prescribers on the benefits of the system both to them and society.''; (10) in subsection (m)(1), as redesignated, by striking ``establishment, implementation, or improvement'' and inserting ``establishment, improvement, or maintenance''; (11) in subsection (n)(8), as redesignated, by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and any commonwealth or territory of the United States''; and (12) by amending subsection (o), as redesignated, to read as follows: ``(o) Authorization of Appropriation.--To carry out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2011 and $10,000,000 for each of fiscal years 2012 through 2015.''. SEC. 4. AMENDMENTS TO TITLE 38. (a) Exception With Respect to Confidential Nature of Claims.-- Section 5701 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(l) Under regulations the Secretary shall prescribe, the Secretary may disclose information about a veteran or the dependant of a veteran to a State controlled substance monitoring program, including a program approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g-3), to the extent necessary to prevent misuse and diversion of prescription medicines.''. (b) Exception With Respect to Confidentiality of Certain Medical Records.--Section 7332(b)(2) of such title is amended by adding at the end the following new subparagraph: ``(G) To a State controlled substance monitoring program, including a program approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g-3), to the extent necessary to prevent misuse and diversion of prescription medicines.''. (c) Report.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the participation of the Department of Veterans Affairs in State controlled substance monitoring programs, including programs approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g-3). (2) Elements.--The report required by paragraph (1) shall include the following: (A) A summary of the activities of the Department of Veterans Affairs relating to programs described in paragraph (1). (B) A list of the programs described in paragraph (1) in which the Department is participating. (C) A description of how the Secretary determines which programs described in paragraph (1) in which to participate. (D) The status of the regulations, if any, prescribed by the Secretary under section 5701(l) of title 38, United States Code, as added by subsection (a) of this section.

National All Schedules Prescription Electronic Reporting Reauthorization Act of 2010 - Amends the National All Schedules Prescription Electronic Reporting Act of 2005 to include as a purpose of such Act to foster the establishment of state-administered controlled substance monitoring systems in order to ensure that appropriate law enforcement, regulatory, and state professional licensing authorities have access to prescription history information for the purposes of investigating drug diversion and prescribing and dispensing practices of errant prescribers or pharmacists. Amends the Public Health Service Act to revise and update the controlled substance monitoring program, including to: (1) allow grants to be used to maintain and operate existing state controlled substance monitoring programs; (2) require the Secretary of Health and Human Services (HHS) to redistribute any funds that are returned among the remaining grantees; (3) require a state that is not in compliance with the requirements for such program to submit a plan for bringing the state into compliance; and (4) require a state to provide the Secretary with aggregate data and other information to enable the Secretary to evaluate the success of the state's program and to submit a progress report to Congress. Requires a state receiving a grant to: (1) facilitate prescriber use of the state's controlled substance monitoring system; and (2) educate prescribers on the benefits of the system both to them and society. Authorizes the Secretary of Veterans Affairs to disclose information about a veteran or the dependent of a veteran to a state controlled substance monitoring program to the extent necessary to prevent misuse and diversion of prescription medicines.

A bill to amend and reauthorize the controlled substance monitoring program under section 399O of the Public Health Service Act and to authorize the Secretary of Veterans Affairs to share information about the use of controlled substances by veterans with State prescription monitoring programs to prevent misuse and diversion of prescription medicines.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Auction Reform Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) Circumstances in the telecommunications market have changed dramatically since the auctioning of spectrum in the 700 megahertz band was originally mandated by Congress in 1997, raising serious questions as to whether the original deadlines, or the subsequent revision of the deadlines, are consistent with sound telecommunications policy and spectrum management principles. (2) No comprehensive plan yet exists for allocating additional spectrum for third-generation wireless and other advanced communications services. The Federal Communications Commission should have the flexibility to auction frequencies in the 700 megahertz band for such purposes. (3) The study being conducted by the National Telecommunications and Information Administration in consultation with the Department of Defense to determine whether the Department of Defense can share or relinquish additional spectrum for third generation wireless and other advanced communications services will not be completed until after the June 19th auction date for the upper 700 megahertz band, and long after the applications must be filed to participate in the auction, thereby creating further uncertainty as to whether the frequencies in the 700 megahertz band will be put to their highest and best use for the benefit of consumers. (4) The Federal Communications Commission is also in the process of determining how to resolve the interference problems that exist in the 800 megahertz band, especially for public safety. One option being considered for the 800 megahertz band would involve the 700 megahertz band. The Commission should not hold the 700 megahertz auction before the 800 megahertz interference issues are resolved or a tenable plan has been conceived. (5) The 700 megahertz band is currently occupied by television broadcasters, and will be so until the transfer to digital television is completed. This situation creates a tremendous amount of uncertainty concerning when the spectrum will be available and reduces the value placed on the spectrum by potential bidders. The encumbrance of the 700 megahertz band reduces both the amount of money that the auction would be likely to produce and the probability that the spectrum would be purchased by the entities that valued the spectrum the most and would put the spectrum to its most productive use. (6) The Commission's rules governing voluntary mechanisms for vacating the 700 megahertz band by broadcast stations-- (A) produced no certainty that the band would be available for advanced mobile communications services, public safety operations, or other wireless services any earlier than the existing statutory framework provides; and (B) should advance the transition of digital television and must not result in the unjust enrichment of any incumbent licensee. SEC. 3. ELIMINATION OF STATUTORY DEADLINES FOR SPECTRUM AUCTIONS. (a) FCC To Determine Timing of Auctions.--Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at the end the following new paragraph: ``(15) Commission to determine timing of auctions.-- ``(A) Commission authority.--Subject to the provisions of this subsection (including paragraph (11)), but notwithstanding any other provision of law, the Commission shall determine the timing of and deadlines for the conduct of competitive bidding under this subsection, including the timing of and deadlines for qualifying for bidding; conducting auctions; collecting, depositing, and reporting revenues; and completing licensing processes and assigning licenses. ``(B) Termination of portions of auctions 31 and 44.-- Except as provided in subparagraph (C), the Commission shall not commence or conduct auctions 31 and 44 on June 19, 2002, as specified in the public notices of March 19, 2002, and March 20, 2002 (DA 02-659 and DA 02-563). ``(C) Exception.-- ``(i) Blocks excepted.--Subparagraph (B) shall not apply to the auction of-- ``(I) the C-block of licenses on the bands of frequencies located at 710-716 megahertz, and 740-746 megahertz; or ``(II) the D-block of licenses on the bands of frequencies located at 716-722 megahertz. ``(ii) Eligible bidders.--The entities that shall be eligible to bid in the auction of the C-block and D-block licenses described in clause (i) shall be those entities that were qualified entities, and that submitted applications to participate in auction 44, by May 8, 2002, as part of the original auction 44 short form filing deadline. ``(iii) Auction deadlines for excepted blocks.-- Notwithstanding subparagraph (B), the auction of the C- block and D-block licenses described in clause (i) shall be commenced no earlier than August 19, 2002, and no later than September 19, 2002, and the proceeds of such auction shall be deposited in accordance with paragraph (8) not later than December 31, 2002. ``(iv) Report.--Within one year after the date of enactment of this paragraph, the Commission shall submit a report to Congress-- ``(I) specifying when the Commission intends to reschedule auctions 31 and 44 (other than the blocks excepted by clause (i)); and ``(II) describing the progress made by the Commission in the digital television transition and in the assignment and allocation of additional spectrum for advanced mobile communications services that warrants the scheduling of such auctions. ``(D) Return of payments.--Within one month after the date of enactment of this paragraph, the Commission shall return to the bidders for licenses in the A-block, B-block, and E-block of auction 44 the full amount of all upfront payments made by such bidders for such licenses.''. (b) Conforming Amendments.-- (1) Communications act of 1934.--Section 309(j)(14)(C)(ii) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)(C)(ii)) is amended by striking the second sentence. (2) Balanced budget act of 1997.--Section 3007 of the Balanced Budget Act of 1997 (111 Stat. 269) is repealed. (3) Consolidated appropriations act.--Paragraphs (2) and (3) of section 213(a) of H.R. 3425 of the 106th Congress, as enacted into law by section 1000(a)(5) of An Act making consolidated appropriations for the fiscal year ending September 30, 2000, and for other purposes (Public Law 106-113; 113 Stat. 1501A-295), are repealed. SEC. 4. COMPLIANCE WITH AUCTION AUTHORITY. The Federal Communications Commission shall conduct rescheduled auctions 31 and 44 prior to the expiration of the auction authority under section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)). SEC. 5. PRESERVATION OF BROADCASTER OBLIGATIONS. Nothing in this Act shall be construed to relieve television broadcast station licensees of the obligation to complete the digital television service conversion as required by section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)). SEC. 6. INTERFERENCE PROTECTION. (a) Interference Waivers.--In granting a request by a television broadcast station licensee assigned to any of channels 52-69 to utilize any channel of channels 2-51 that is assigned for digital broadcasting in order to continue analog broadcasting during the transition to digital broadcasting, the Federal Communications Commission may not, either at the time of the grant or thereafter, waive or otherwise reduce-- (1) the spacing requirements provided for analog broadcasting licensees within channels 2-51 as required by section 73.610 of the Commission's rules (and the table contained therein) (47 CFR 73.610), or (2) the interference standards provided for digital broadcasting licensees within channels 2-51 as required by sections 73.622 and 73.623 of such rules (47 CFR 73.622, 73.623), if such waiver or reduction will result in any degradation in or loss of service, or an increased level of interference, to any television household except as the Commission's rules would otherwise expressly permit, exclusive of any waivers previously granted. (b) Exception for Public Safety Channel Clearing.--The restrictions in subsection (a) shall not apply to a station licensee that is seeking authority (either by waiver or otherwise) to vacate the frequencies that constitute television channel 63, 64, 68, or 69 in order to make such frequencies available for public safety purposes pursuant to the provisions of section 337 of the Communications Act of 1934 (47 U.S.C. 337). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Auction Reform Act of 2002 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to determine the timing of and deadlines for the conduct of competitive bidding for, and the auctioning of, electromagnetic spectrum used by analog television broadcasters.Prohibits the FCC from commencing or conducting spectrum auctions 31 and 44 on June 19, 2002. Provides exceptions for the auction of certain C- and D-block licenses within the 700 megahertz band, requiring that auction to occur between August 19 and September 19, 2002. Requires the FCC to: (1) report to Congress specifying when it intends to reschedule such auctions and describing progress made in the transition from analog to digital television and in the assignment and allocation of additional spectrum for advanced mobile communications services that warrants the scheduling of such auctions; (2) return to the bidders for specified licenses of auction 44 the full amount of all up-front payments made; and (3) conduct auctions 31 and 44 prior to the September 30, 2007, termination of such auction authority.States that nothing in this Act shall be construed to relieve television broadcast licensees of their current obligation to complete conversion from analog to digital television.Prohibits the FCC, in granting a request by a television broadcast station licensee assigned to any of channels 52-69 to utilize any of channels 2-51 assigned for digital broadcasting in order to continue analog broadcasting during the transition to digital broadcasting, from waiving or otherwise reducing the current spacing requirements provided for analog broadcasting licensees within channels 2-51, or the interference standards provided for digital broadcasting licensees within such channels, if such waiver or reduction will result in any degradation or loss of service or an increased level of interference to any television household except as the FCC's rules would otherwise expressly permit. (Excludes any waivers previously granted.) Makes such restrictions inapplicable to a licensee seeking authority to vacate the frequencies that constitute channels 63, 64, 68, or 69 in order to make such frequencies available for public safety purposes.

To eliminate the deadlines for spectrum auctions of spectrum previously allocated to television broadcasting.

SECTION 1. EXCLUSION OF WATER CONSERVATION SUBSIDIES PROVIDED BY WATER UTILITIES. (a) General Rule.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. WATER CONSERVATION SUBSIDIES PROVIDED BY WATER UTILITIES. ``(a) Exclusion.--Gross income shall not include the value of any subsidy provided (directly or indirectly) by a water utility to a customer for the purchase or installation of any water conservation measure. ``(b) Denial of Double Benefit.--Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure to the extent of the amount excluded under subsection (a) for any subsidy which was provided with respect to such expenditure. The adjusted basis of any property shall be reduced by the amount excluded under subsection (a) which was provided with respect to such property. ``(c) Water Conservation Measure.--For purposes of this section-- ``(1) In general.--The term `water conservation measure' means any installation or modification primarily designed to reduce consumption of water or to improve the management of water demand with respect to any property. The purchase and installation of specially defined water property shall be treated as a water conservation measure. ``(2) Specially defined water property.--For purposes of paragraph (1), the term `specially defined water property' means-- ``(A) a toilet using 1.6 gallons or less per flush for gravity designs and 2.5 gallons or less per flush for flush valve style pressure-assisted designs, ``(B) a urinal using 1.0 gallons or less per flush, ``(C) a laundry machine using 11.0 gallons or less per cubic foot of capacity per complete washing cycle, ``(D) a dishwasher using 2.0 gallons or less per cubic foot of capacity per complete washing cycle, ``(E) a faucet equipped with an aerator or flow control which restricts the flow to 2.5 gallons or less per minute at 65 psi, and ``(F) a shower head which restricts the flow to 2.5 gallons or less per minute at 65 psi. ``(3) Certain other property treated as specially defined water property.--For purposes of paragraph (1), the term `specially defined water property' includes-- ``(A) equipment which automatically reduces the pressure (or controls the flow) of water, ``(B) water recycling, recirculation, and reuse equipment, ``(C) cooling equipment, ``(D) equipment using treatment processes which optimize water cycling, ``(E) equipment and facilities which use treated municipal effluent (instead of drinking quality water) for non-potable applications, thereby reducing the demand for drinking quality water, ``(F) evapotranspiration stations, software, and controllers, ``(G) tank and reservoir covers and liners, ``(H) sub-metering, overflow and other monitoring control systems which improve operating efficiencies and identify water loss or equipment maintenance needs directly associated with inefficient water use, ``(I) equipment to identify and repair water leaks, and ``(J) any other property of a kind specified by the Secretary by regulations, the principal purpose of which is reducing water consumption. ``(4) Water efficiency of property must exceed local code requirements.--The term `specially defined water property' does not include any property if-- ``(A) such property is required under local building standards or codes to meet water efficiency standards, and ``(B) the water efficiency rating of such property does not exceed such standards. ``(5) Leak identification and repair services included.-- The term `water conservation measure' includes services to identify and repair water leaks. ``(6) Certain landscape measures included.--The term `water conservation measure' includes landscape measures that improve soil moisture retention by reducing water lost to evaporation. ``(d) Water Utility.--For purposes of this section, the term `water utility' means any person engaged in the furnishing or sale of water if the rates for such furnishing or sale have been established or approved by a State or political subdivision thereof, by any agency or instrumentality of the United States, or by a public utility or public service commission or other similar body of any State or political subdivision thereof or of the District of Columbia. For purposes of the preceding sentence, the term `person' includes the Federal Government, a State or local government or any political subdivision thereof, and any instrumentality of any of the foregoing.'' (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 137 and inserting: ``Sec. 137. Water conservation subsidies provided by water utilities. ``Sec. 138. Cross reference to other Acts.'' (c) Effective Date.--The amendments made by this section shall apply to amounts received after December 31, 1993. SEC. 2. WATER CONSERVATION EXPENDITURES BY WATER UTILITIES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 197 the following new section: ``SEC. 198. WATER CONSERVATION EXPENDITURES BY WATER UTILITIES. ``(a) General Rule.--In the case of a water utility (as defined in section 137(d)), there shall be allowed as a deduction for the taxable year an amount equal to the water conservation expenditures paid or incurred by the taxpayer during such taxable year. ``(b) Water Conservation Expenditures.--For purposes of this section, the term `water conservation expenditures' means expenditures for subsidies provided directly or indirectly to customers for the purchase, installation, or modification of any device or service primarily designed to reduce consumption of water or to improve the management of water demand. Such term shall not include any expenditure taken into account in determining the basis of any tangible property which is owned by the taxpayer and which is of a character subject to the allowance for depreciation.'' (b) Conforming Amendments.-- (1) Paragraph (1) of section 263(a) of such Code is amended by striking ``; or'' at the end of subparagraph (F) and inserting a comma, by striking the period at the end of subparagraph (G) and inserting ``, or'', and by adding at the end thereof the following new subparagraph: ``(H) expenditures for which a deduction is allowed under section 198.'' (2) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Sec. 198. Water conservation expenditures by water utilities.'' (c) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 1993.

Amends the Internal Revenue Code to exclude from gross income the value of any subsidy provided by a public utility to a customer for the purchase or installation of energy or water conservation measures. Allows water utilities a deduction for water conservation expenditures.

To amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for water conservation subsidies provided to customers by water utilities and to allow such utilities an expense deduction for such subsidies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Security Act of 1996''. SEC. 2. ENHANCED SECURITY PROGRAMS. (a) In General.--Chapter 449 of title 49, United States Code, is amended by adding at the end of subchapter I the following new sections: ``Sec. 44916. Enhancement of aviation security ``(a) In General.--The Secretary of Transportation (hereafter in this section referred to as the `Secretary'), in consultation with the Administrator of the Federal Aviation Administration (hereafter in this section referred to as the `Administrator') and other appropriate officials of the Federal Aviation Administration, shall provide for the enhancement of aviation security programs under the jurisdiction of the Federal Aviation Administration in accordance with this section. ``(b) Improvements in the Examination of Cargo and Checked Baggage.--The Secretary, in consultation with the Administrator, shall-- ``(1) review applicable procedures and requirements relating to the security issues concerning screening and examination of cargo and checked baggage to be placed on flights involving intrastate, interstate, or foreign air transportation that are in effect at the time of the review; and ``(2) on the basis of that review, develop and implement procedures and requirements that are more stringent than those referred to in paragraph (1) for the screening and examination of cargo and checked baggage to be placed on flights referred to in that subparagraph, including procedures that ensure that only personnel with unescorted access privileges have unescorted access at the airport to-- ``(A) an aircraft; ``(B) cargo or checked baggage that is loaded onto an aircraft; ``(C) a cargo hold on an aircraft before passengers are loaded and after passengers debark; ``(D) an aircraft servicing area; or ``(E) a secured area of an airport. ``(c) Profiles for Risk Assessment and Risk Reduction Measures.-- ``(1) In general.--The Secretary, in consultation with the Administrator and appropriate officials of other Federal agencies, shall develop and implement, a methodology to profile the types of passengers, cargo, and air transportation that present, or are most susceptible to, a significant degree of risk with respect to aviation security. ``(2) Risk reduction measures.--In addition to developing the methodology for profiles under paragraph (1), the Secretary, in consultation with the Administrator, shall develop and implement measures to address sources that contribute to a significant degree of risk with respect to aviation security, including improved methods for matching and searching luggage or other cargo. ``(d) Explosive Detection.-- ``(1) In general.--The Secretary and the Administrator, in accordance with this section, and section 44913, shall ensure the deployment, by not later than the date specified in subsection (j), of explosive detection equipment that incorporates the best available technology for explosive detection in airports-- ``(A) selected by the Secretary on the basis of risk assessments; and ``(B) covered under the plan under paragraph (2). ``(2) Plan.--The deployment of explosive detection equipment under paragraph (1) shall be carried out in accordance with a plan prepared by the Secretary, in consultation with the Administrator and other appropriate officials of the Federal Government, to expedite the installation and deployment of that equipment. ``(3) Report.-- ``(A) In general.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report on the deployment of explosive detection devices pursuant to the plan developed under paragraph (2). ``(B) Treatment of classified information.--No officer or employee of the Federal Government (including any Member of Congress) may disclose to any person other than another official of the Federal Government in accordance with applicable Federal law, any information in the report under subparagraph (A) that is classified. ``(e) Enhanced Screening of Personnel.-- ``(1) In general.--The Secretary, in consultation with the Administrator, shall establish a program for enhancing the screening of personnel of air carriers or contractors of air carriers (or subcontractors thereof) who-- ``(A) in the course of their employment have-- ``(i) unescorted access privileges to-- ``(I) an aircraft; ``(II) cargo or checked baggage that is loaded onto an aircraft; ``(III) a cargo hold on an aircraft; or ``(IV) an aircraft servicing area; or ``(ii) security responsibilities that affect the access and passage of passengers or cargo in aircraft referred to in subparagraph (A); and ``(B) any immediate supervisor of an individual referred to in subparagraph (A). ``(2) Training.-- ``(A) In general.--The Secretary, in consultation with the Administrator, shall-- ``(i) review regulations and standards relating to the training of personnel referred to in paragraph (1) that are in effect at the time of the review; and ``(ii) on the basis of that review, prescribe such regulations and standards relating to minimum standards for training and certification as the Secretary determines to be appropriate. ``(B) Prohibition.--The fact that an individual received training in accordance with this paragraph may not be used as a defense in any action involving the negligence or intentional wrongdoing of that individual in carrying out airline security or in the conduct of intrastate, interstate, or foreign air transportation. ``(f) Performance-Based Measures.--The Secretary, in consultation with the Administrator, shall-- ``(1) develop and implement, by the date specified in subsection (j), performance-based measures for all security functions covered under this section that are carried out by personnel referred to in subsection (e)(1); and ``(2) require that air carriers and owners or operators of airports that provide intrastate, interstate, or foreign air transportation ensure that those measures are carried out. ``(g) Security Checks.-- ``(1) In general.--The Secretary, in consultation with the Administrator and other appropriate officers and employees of the Federal Government, shall, require comprehensive employment investigations to be conducted for any individual that is employed, or commences employment, in a position described in subsection (e)(1). ``(2) Criminal history check.--The employment investigations referred to in paragraph (1) shall include criminal history checks. Notwithstanding any other provision of law, a criminal history check may cover a period longer than the 10-year period immediately preceding-- ``(A) the initial date of employment of an individual by an employer; or ``(B) the date on which a criminal history check is conducted for an applicant for employment. ``(h) Administrative Actions.-- ``(1) In general.--The Secretary, in consultation with the Administrator, shall, as appropriate, specify appropriate administrative actions or violations of this section or the regulations prescribed under this section. ``(2) Orders.--The administrative actions referred to in paragraph (1) may include an order by the Secretary requiring, in accordance with applicable requirements of this subtitle and any other applicable law-- ``(A) the closure of an airport gate or area that the Secretary determines, on the basis of a risk assessment or inspection conducted under this section, should be secured in accordance with applicable requirements of this subtitle; or ``(B) the cancellation of a flight in intrastate, interstate, or foreign air transportation. ``(3) Notification.--If the Secretary carries out an administrative action under this subsection, the Secretary shall provide public notice of that action, except in any case in which the President determines that the disclosure of that information would not be in the national security or foreign policy interest of the United States. ``(i) Audits and Evaluations.-- ``(1) In general.--The Secretary shall require each air carrier and airport that provides for intrastate, interstate, or foreign air transportation to conduct periodic audits and evaluations of the security systems of that air carrier or airport. ``(2) Reports.--Not later than 1 year after the date of enactment of this section, and annually thereafter, each air carrier and airport referred to in paragraph (1) shall submit to the Secretary a report on the audits and evaluations conducted by the air carrier or airport under this subsection. ``(3) Investigations.--The Secretary, in consultation with the Administrator, shall conduct periodic and unannounced inspections of security systems of airports and air carriers to determine whether the air carriers and airports are in compliance with the performance-based measures developed under subsection (f). To the extent allowable by law, the Secretary may provide for anonymous tests of the security systems referred to in the preceding sentence. ``(j) Regulations.--Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the Administrator and appropriate officers and employees of other Federal agencies, shall prescribe and implement such regulations as are necessary to carry out this section. ``(k) Modification of Existing Programs.--If the Secretary or the Administrator determines that a modification of a program in existence on the date specified in subsection (j) could be accomplished without prescribing regulations to meet the requirements of this section, the Secretary or the Administrator may make that modification in lieu of prescribing a regulation. ``Sec. 44917. Support for families of victims of transportation disasters ``(a) In General.-- ``(1) Establishment.--The President shall establish, within an appropriate Federal agency, an office to be known as the Office of Family Advocate. ``(2) Standards of conduct.-- ``(A) In general.--The head of the Federal agency specified in paragraph (1) (hereafter in this section referred to as the ``agency head''), acting through the Office of Family Advocate, shall develop standards of conduct for informing and supporting families of victims of accidents in air commerce and other transportation accidents involving any other form of transportation that is subject to the jurisdiction of the Department of Transportation. ``(B) Consultation.--In developing the standards under this paragraph, the agency head shall consult with-- ``(i) appropriate officers and employees of other Federal agencies; ``(ii) representatives of families of victims of accidents in air commerce and other transportation accidents referred to in subparagraph (A); ``(iii) individuals who are experts in psychology and trauma counseling; and ``(iv) representatives of air carriers. ``(3) Third party involvement.-- ``(A) In general.--The agency head, acting through the Office of Family Advocate, shall provide for counseling, support, and protection for the families of victims of transportation accidents referred to in paragraph (2)(A) by-- ``(i) consulting with a nongovernmental organization that the agency head determines to have appropriate experience and expertise; and ``(ii) if appropriate, entering into an agreement with a nongovernmental organization or the head of another appropriate Federal agency (including the Director of the Federal Emergency Management Agency) to provide those services. ``(b) Passenger Information.-- ``(1) In general.--The Secretary of Transportation (hereafter in this section referred to as the `Secretary') shall require each air carrier that provides intrastate, interstate, or foreign air transportation to obtain, at the time of purchase of passage, from each passenger that purchases passage on a flight-- ``(A) the full name, address, and daytime and evening telephone numbers of the passenger; and ``(B) the full name and daytime and evening telephone numbers of a contact person designated by the passenger. ``(2) Requirement for air carriers.-- ``(A) In general.--The Secretary shall require each air carrier that provides intrastate, interstate, or foreign air transportation to provide the information obtained for a flight under paragraph (1) only-- ``(i) in the event of an accident in air commerce in which a serious injury or crime (as determined by the Secretary) or death occurs; and ``(ii) in accordance with section 552a of title 5, United States Code. ``(B) Provision of information.--In the event of an accident in air commerce described in subparagraph (A), if the flight involves-- ``(i) intrastate or interstate air transportation, the air carrier shall provide the information required to be submitted under subparagraph (A) not later than 3 hours after the accident occurs; or ``(ii) foreign air transportation, the air carrier shall provide such information not later than 4 hours after the accident occurs. ``Sec. 44918 Exemption; fees ``(a) Exemption.--The regulations issued under sections 44916 and 44917 shall be exempt from any requirement for a cost-benefit analysis under chapter 8 of title 5, United States Code, or any other provision of Federal law. ``(b) Fees.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall determine, and adjust on an annual basis, a fee that shall be assessed against each individual who purchases passage on a flight in intrastate, interstate, or foreign air transportation that is based on the estimated cost of carrying out sections 44916 and 44917. ``(2) Limitation on amount.--The amount of a fee assessed under this subsection shall not exceed $2 per flight, per passenger. ``(3) Aviation security account.-- ``(A) In general.--There shall be established within the Treasury of the United States, an Aviation Security Account. The fees collected under this subsection shall be deposited into that account. ``(B) Use of funds in account.--The Secretary of the Treasury shall make the funds in the account available only to-- ``(i) the Secretary of Transportation for use by the Secretary in accordance with section 44916; and ``(ii) the agency head specified by the President under section 44917, for use by that agency head in accordance with that section.''. (b) Employment Investigations and Restrictions.--Section 44936(b)(1)(B) of title 49, United States Code, is amended by striking ``, in the 10-year period ending on the date of the investigation,''. (c) Conforming Amendment.--The analysis for subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following new items: ``44916. Enhancement of aviation security. ``44917. Support for families of victims of transportation disasters. ``44918. Exemption; fees.''.

Aviation Security Act of 1996 - Amends Federal aviation law to direct the Secretary of Transportation to provide for the enhancement of Federal Aviation Administration (FAA) aviation security programs, including: (1) the development of more stringent procedures for the screening of cargo and checked baggage; (2) the development of a methodology to profile the types of passengers, cargo, and air transportation that present a significant degree of risk to aviation security, including improved methods for matching and searching luggage or other cargo; (3) the deployment of explosive detection equipment in airports; (4) the establishment of a program for enhancing the screening and training of air carrier personnel (and subcontractors), including requiring employment security and criminal history checks on such personnel; and (5) the development of performance-based measures for all security functions covered by this Act. Directs the President to establish, within the appropriate Federal agency, the Office of Family Advocate, which shall develop standards of conduct for informing and supporting families of victims of aircraft accidents. Directs the Secretary to assess a fee against each airline passenger, which shall be deposited into a new Aviation Security Account, established by this Act to fund aviation security enhancement activities.

Aviation Security Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Traditional Use Protection Act of 2008''. SEC. 2. SUPPORT FOR THE TRADITIONAL USE OF LANDS. (a) Grants.--The Chief of the Forest Service shall establish a program to award grants, on a competitive basis, to States for the purpose of allowing such States-- (1) to acquire the rights to land to make such land available to the public for traditional use; and (2) to make subgrants to an entity to allow such entity to acquire the rights to land to make such land available to the public for traditional use. (b) Requirements for Use of Funds.-- (1) In general.--A State shall use the funds received under this section only-- (A) to purchase land, acquire an easement, or take other actions to acquire rights to land, as long as such purchase, acquisition, or other action results in the State holding rights to the land in perpetuity; and (B) to make a subgrant to an entity to allow such entity to purchase land, acquire an easement, or take other actions to acquire rights to land, as long as such purchase, acquisition, or other action results in the entity holding rights to the land in perpetuity. (2) Willing sellers.--A State or entity may only use funds received through a grant or subgrant under subsection (a) to acquire rights to land from a willing seller. (3) Eminent domain prohibited.--A State may not use funds received through a grant under subsection (a) to acquire land through eminent domain. (c) Access.--A State or entity shall make any land purchased, acquired, or otherwise obtained using funds received through a grant or subgrant under subsection (a) available to the public for appropriate traditional use, as determined by the State. (d) Application.-- (1) In general.--To be considered for a grant under this section, a State shall submit to the Chief an application at such time and in such manner as the Chief may require. (2) Contents.--The application shall include the following: (A) Information demonstrating the commitment of the State to stewardship and maintenance of land currently held by the State for traditional and recreational use (including park land). (B) Certification by the State that the State maintains a landowner relations program. (C) A copy of the comprehensive State plan. (D) Such information as the Chief may require. (e) Cost Sharing.--The amount of any grant under this section may not exceed 75 percent of the total cost of the land rights acquired with the grant. (f) Publication of Criteria.--Not later than 60 days after the date of enactment of this Act, the Chief shall publish criteria for making grants under subsection (a) in the Federal Register. (g) Report.--Not later than one year after the date of enactment of this Act, and annually thereafter, the Chief shall submit to Congress a report on the grant program established under subsection (a). (h) Definitions.--For purposes of this section: (1) Chief.--The term ``Chief'' means the Chief of the Forest Service. (2) Comprehensive state plan.--The term ``comprehensive State plan'' means a comprehensive plan developed by the State, regarding recreational access to and conservation of land in the State, that-- (A) is developed through a process that involves interested persons from both the public and private sectors, including landowners; and (B) includes strategies for developing partnerships between the public and private sectors to develop, improve, and preserve traditional recreational opportunities. (3) Landowner relations program.--The term ``landowner relations program'' means a program established by the State that-- (A) engages private landowners to facilitate public access to their property for traditional use; (B) addresses the concerns of landowners relating to public access to private land; and (C) serves as a clearinghouse for information about rules, regulations, certifications, and procedures for land use. (4) Program.--The term ``program'' means the grant program established under subsection (a). (5) Traditional use.-- (A) In general.--Except as provided in subparagraph (B), the term ``traditional use'' has the meaning given that term by the State receiving a grant under subsection (a). Such term may include hunting, fishing, access to water, motorized recreation, hiking, bird watching, and non-motorized recreational activities. (B) Exclusion.--The term ``traditional use'' does not include residential or commercial development. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Chief to carry out this Act, $50,000,000 for each fiscal year from 2009 through 2013.

Traditional Use Protection Act of 2008 - Directs the Forest Service to establish a grant program to allow states to acquire land rights in perpetuity in order to preserve and maintain such land for traditional use (hunting, fishing, access to water, motorized recreation, hiking, bird watching, and non-motorized recreational activities) by the public, or to make subgrants to an entity for such purposes. Requires that land rights be acquired only from a willing seller. Prohibits acquisition through eminent domain.

To authorize the Forest Service to provide financial assistance to States for the acquisition of land to preserve and maintain such land for traditional use by the public, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Cybersecurity Diagnostics and Mitigation Act''. SEC. 2. ESTABLISHMENT OF CONTINUOUS DIAGNOSTICS AND MITIGATION PROGRAM IN DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Section 230 of the Homeland Security Act of 2002 (6 U.S.C. 151) is amended by adding at the end the following new subsection: ``(g) Continuous Diagnostics and Mitigation.-- ``(1) Program.-- ``(A) In general.--The Secretary shall deploy, operate, and maintain a continuous diagnostics and mitigation program. Under such program, the Secretary shall-- ``(i) develop and provide the capability to collect, analyze, and visualize information relating to security data and cybersecurity risks; ``(ii) make program capabilities available for use, with or without reimbursement; ``(iii) employ shared services, collective purchasing, blanket purchase agreements, and any other economic or procurement models the Secretary determines appropriate to maximize the costs savings associated with implementing an information system; ``(iv) assist entities in setting information security priorities and managing cybersecurity risks; and ``(v) develop policies and procedures for reporting systemic cybersecurity risks and potential incidents based upon data collected under such program. ``(B) Regular improvement.--The Secretary shall regularly deploy new technologies and modify existing technologies to the continuous diagnostics and mitigation program required under subparagraph (A), as appropriate, to improve the program. ``(2) Activities.--In carrying out the continuous diagnostics and mitigation program under paragraph (1), the Secretary shall ensure, to the extent practicable, that-- ``(A) timely, actionable, and relevant cybersecurity risk information, assessments, and analysis are provided in real time; ``(B) share the analysis and products developed under such program; ``(C) all information, assessments, analyses, and raw data under such program is made available to the national cybersecurity and communications integration center of the Department; and ``(D) provide regular reports on cybersecurity risks.''. (b) Continuous Diagnostics and Mitigation Strategy.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall develop a comprehensive continuous diagnostics and mitigation strategy to carry out the continuous diagnostics and mitigation program required under subsection (g) of section 230 of such Act, as added by subsection (a). (2) Scope.--The strategy required under paragraph (1) shall include the following: (A) A description of the continuous diagnostics and mitigation program, including efforts by the Secretary of Homeland Security to assist with the deployment of program tools, capabilities, and services, from the inception of the program referred to in paragraph (1) to the date of the enactment of this Act. (B) A description of the coordination required to deploy, install, and maintain the tools, capabilities, and services that the Secretary of Homeland Security determines to be necessary to satisfy the requirements of such program. (C) A description of any obstacles facing the deployment, installation, and maintenance of tools, capabilities, and services under such program. (D) Recommendations and guidelines to help maintain and continuously upgrade tools, capabilities, and services provided under such program. (E) Recommendations for using the data collected by such program for creating a common framework for data analytics, visualization of enterprise-wide risks, and real-time reporting. (F) Recommendations for future efforts and activities, including for the rollout of new tools, capabilities and services, proposed timelines for delivery, and whether to continue the use of phased rollout plans, related to securing networks, devices, data, and information technology assets through the use of such program. (3) Form.--The strategy required under subparagraph (A) shall be submitted in an unclassified form, but may contain a classified annex. (c) Report.--Not later than 90 days after the development of the strategy required under subsection (b), the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representative a report on cybersecurity risk posture based on the data collected through the continuous diagnostics and mitigation program under subsection (g) of section 230 of the Homeland Security Act of 2002, as added by subsection (a). Passed the House of Representatives September 4, 2018. Attest: KAREN L. HAAS, Clerk.

Advancing Cybersecurity Diagnostics and Mitigation Act (Sec. 2) This bill directs the Department of Homeland Security (DHS) to: (1) deploy, operate, and maintain a continuous diagnostics and mitigation program to collect, analyze, and visualize security data and cybersecurity risk; (2) regularly deploy new technologies and modify existing technologies to improve such program; (3) develop a comprehensive strategy to carry out the program; and (4) report to the congressional homeland security committees on cybersecurity risk posture based on data collected through the program. In carrying out the program, DHS must ensure that cybersecurity risk information, assessments, and analyses are provided in real time and program information is available to the DHS national cybersecurity and communications integration center.

Advancing Cybersecurity Diagnostics and Mitigation Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Home Health Care Prospective Payment Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendments to the Social Security Act. Sec. 3. Recapturing savings resulting from temporary freeze on payment increases for home health services. Sec. 4. Initial prospective payment for home health services. Sec. 5. Permanent prospective payment for home health services. Sec. 6. Payment based on location where home health service is furnished. Sec. 7. Elimination of periodic interim payments for home health agencies. Sec. 8. Establishment of home health benefit under Part A and transfer of other home health services to Part B. SEC. 2. AMENDMENTS TO THE SOCIAL SECURITY ACT. Whenever in this title an amendment is expressed in terms of an amendment to or repeal of section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. SEC. 3. RECAPTURING 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) (42 U.S.C. 1395x(v)(1)(L)) is amended by adding after subclause (iii) the following: ``(iv) In establishing limits under this subparagraph for cost reporting periods beginning after September 30, 1997, the Secretary shall not take into account any changes in the home health market basket, as determined by the Secretary, 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. SEC. 4. INITIAL PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH SERVICES. (a) Reductions in Cost Limits.--Section 1861(v)(1)(L)(I) (42 U.S.C. 1395x(v)(1)(L)(I)) is amended-- (1) by inserting ``and before October 1, 1997,'' after ``July 1, 1987'' in subclause (III); (2) by striking the period at the end of the matter following subclause (III), and inserting ``, and''; and (3) by adding at the end the following new subclause: ``(IV) October 1, 1997, 105 percent of the median of the labor-related and nonlabor per visit costs for freestanding home health agencies.''. (b) Delay in Updates.--Section 1861(v)(1)(L)(iii) (42 U.S.C. 1395x(v)(1)(L)(iii)) is amended by adding ``, or on or after July 1, 1997, and before October 1, 1997'' after ``July 1, 1996''. (c) Additions to Predetermined Rates.--Section 1861(v)(1)(L) (42 U.S.C. 1395x(v)(1)(L)) is amended by inserting after clause (iii) the following: ``(iv) Rates for fiscal years 1998 through 1999.--For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, but before October 1, 1999, the Secretary shall provide for an interim system of rates. A rate shall be a payment equal to the lower of-- ``(I) cost determined under the preceding provisions of this subparagraph; or ``(II) an agency-specific per beneficiary annual limitation calculated from the agency's 12-month cost reporting period ending on or after January 1, 1993, and on or before December 31, 1993, based on reasonable costs (including nonroutine medical supplies), updated by the home health market basket index. The per beneficiary limitation shall be multiplied by the agency's unduplicated census count of patients (entitled to benefits under this title) for the year subject to the limitation or such other year determined by the Secretary to be required for the fair and efficient implementation of this section to determine the aggregate agency-specific per beneficiary limitation. ``(v) Special rules.--For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1997, the following rules apply: ``(I) For new providers and those providers without a 12-month cost reporting period ending in calendar year 1994, the per beneficiary limitation shall be equal to the mean of these limits (or the Secretary's best estimates thereof) applied to home health agencies as determined by the Secretary. Home health agencies that have altered their corporate structure or name shall not be considered new providers for payment purposes. ``(II) For beneficiaries who use services furnished by more than 1 home health agency, the per beneficiary limitations shall be prorated among the agencies.''. ``(vi) Incentive payments.--Home health agencies whose year end reasonable costs are below the agency's per beneficiary aggregate limit (including costs and utilization) shall receive 50 percent of the difference between the reasonable costs and the aggregate limit.''. (d) Development of Case Mix System.--The Secretary shall expand research on a prospective payment system for home health agencies that ties prospective payments to a unit of service, including an intensive effort to develop a reliable case mix adjuster that explains a significant amount of the variances in costs. (e) Submission of Data for Case Mix System.--Effective for cost reporting periods beginning on or after October 1, 1997, the Secretary may require all home health agencies to submit additional information that the Secretary considers necessary for the development of a reliable case mix system. SEC. 5. PERMANENT PROSPECTIVE PAYMENT FOR HOME HEALTH SERVICES. Title XVIII (42 U.S.C. 1395 et seq.) is amended by adding after section 1893 the following: ``SEC. 1894. PERMANENT PROSPECTIVE PAYMENT FOR HOME HEALTH SERVICES. ``(a) In General.--Notwithstanding section 1861(v), the Secretary, for cost reporting periods beginning on or after October 1, 1999, shall provide for payments for home health services in accordance with a prospective payment system established by the Secretary. ``(b) Elements of System.--Such a system shall include the following: ``(1) Prospective payment amount.--All services covered and paid on a reasonable cost basis under the medicare home health benefit as of the date of the enactment of the Balanced Budget Act of 1997, including medical supplies, shall be subject to the prospective payment amount. In defining a prospective payment amount, the Secretary shall consider an appropriate unit of service and the number of visits provided within that unit, potential changes in the mix of services provided within that unit and their cost, and a general system design that provides for continued access to quality services. The prospective payment amount shall be based on the most current audited cost report data available to the Secretary or such other year determined by the Secretary to be required for the fair and efficient implementation of this section. ``(2) Use of case mix.--The Secretary shall employ an appropriate case mix adjustment that explains a significant amount of the variation in cost. ``(3) Annual adjustments.--The prospective payment amount shall be adjusted annually by the home health market basket index. The labor portion of the prospective payment amount shall be adjusted for geographic differences in labor-related costs based on the most current hospital wage index. ``(4) Outliers.--The Secretary may designate a payment provision for outliers, recognizing the need to adjust payments because of unusual variations in the type or amount of medically necessary care. ``(5) Proration of prospective payment amounts.--If a beneficiary elects to transfer to, or receive services from, another home health agency within the period covered by the prospective payment amount, the payment shall be prorated between home health agencies. ``(c) Savings.--Prior to implementing the permanent prospective system described in subsections (a) and (b) in a budget neutral fashion, the Secretary first shall reduce, up to 15 percent, the rates and per beneficiary limits described in section 1861(v)(1)(L), as those limits are in effect on September 30, 1999, in order to assure the projected scorable savings of this Act.''. SEC. 6. PAYMENT BASED ON LOCATION WHERE HOME HEALTH SERVICE IS FURNISHED. (a) Conditions of Participation.--Section 1891 (42 U.S.C. 1395bbb) is amended by adding at the end the following: ``(g) Payment on Basis of Location of Service.--A home health agency shall submit claims for payment for home health services under this title only on the basis of the geographic location at which the service is furnished, as determined by the Secretary.''. (b) Wage Adjustment.--Section 1861(v)(1)(L)(iii) (42 U.S.C. 1395x(v)(1)(L)(iii)) is amended by striking ``agency is located'' and inserting ``service is furnished''. (c) Effective Date.--The amendments made by this section apply to cost reporting periods beginning on or after October 1, 1997. SEC. 7. ELIMINATION OF PERIODIC INTERIM PAYMENTS FOR HOME HEALTH AGENCIES. (a) In General.--Section 1815(e)(2) (42 U.S.C. 1395g(e)(2)) is amended-- (1) by inserting ``and'' at the end of subparagraph (C); (2) by striking subparagraph (D); and (3) by redesignating subparagraph (E) as (D). (b) Effective Date.--The amendments made by subsection (a) apply to payments made on or after the implementation of section 1894 (as added by section 11273 of this Act). SEC. 8. ESTABLISHMENT OF HOME HEALTH BENEFIT UNDER PART A AND TRANSFER OF OTHER HOME HEALTH SERVICES TO PART B. (a) In General.--Section 1812(a)(3) (42 U.S.C. 1395d(a)(3)) is amended by inserting ``for up to 100 visits'' before the semicolon. (b) Conforming Amendments.--Section 1812(b) (42 U.S.C. 1395d(b)) is amended-- (1) by striking ``or'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; or''; and (3) by adding after paragraph (3) the following: ``(4) home health services furnished to the individual beginning after such services have been furnished to the individual for a total of 100 visits.''. (c) Clarification of Part-Time or Intermittent Nursing Care.-- Section 1861(m) (42 U.S.C. 1395x(m)) is amended by adding at the end the following: ``For purposes of paragraphs (1) and (4), the term `part-time or intermittent services' means skilled nursing and home health aide services furnished any number of days per week as long as they are furnished (combined) less than 8 hours each day and 28 or fewer hours each week (or, subject to review on a case-by-case basis as to the need for care, less than 8 hours each day and 35 or fewer hours per week). For purposes of sections 1814(a)(2)(C) and 1835(a)(2)(A), `intermittent' means skilled nursing care that is either provided or needed on fewer than 7 days each week, or less than 8 hours of each day of skilled nursing and home health aide services combined for periods of 21 days or less (with extensions in exceptional circumstances when the need for additional care is finite and predictable).''. (d) Payments Under Part B.--Subparagraph (A) of section 1833(a)(2) (42 U.S.C. 1395l(a)(2)) is amended to read as follows: ``(A) with respect to home health services (other than a covered osteoporosis drug (as defined in section 1861(kk)), and to items and services described in section 1861(s)(10)(A), the amounts determined under section 1861(v)(1)(L) or section 1893, or, if the services are furnished by a public provider or services, or by another provider which demonstrates to the satisfaction of the Secretary that a significant portion of its patients are low-income (and requests that payment be made under this provision), free of charge, or at nominal charges to the public, the amount determined in accordance with section 1814(b)(2);''. (e) Exclusion of Additional Part B Costs From Determination of Part B Monthly Premium.--Section 1839(a) (42 U.S.C. 1395r(a)) is amended-- (1) in the second sentence of paragraph (3) (as amended by section 11301(a) of this Act), by inserting ``(except as provided in paragraph (5))'' before the period; and (2) by adding after paragraph (4) the following: ``(5) Exclusion of home health costs.--In estimating (for purposes of determining the monthly premium rate under paragraph (3)) the benefits and administrative costs which will be payable from the Federal Supplementary Medical Insurance Trust Fund for a year, the Secretary shall exclude an estimate of any benefits and administrative costs attributable to home health services for which payment would have been made under part A during the year but for paragraph (4) of section 1812(b).''. (f) Definition of Homebound.--Section 1814(a) (42 U.S.C. 1395f(a)) and section 1835(a) (42 U.S.C. 1395n(a)) are each amended by adding the following at the end: ``With respect to the previous two sentences, the individual must have a condition due to an illness or injury that restricts the individual's ability to leave the home for more than an average of 16 hours per calendar month for purposes other than to receive medical treatment that cannot be provided in the home; infrequent means an average of 5 or fewer absences per calendar month, excluding absences to receive medical treatment that cannot be furnished in the home; short duration means an absence from the home of 3 or fewer hours, on average per absence, within a calendar month excluding absences to receive medical treatment that cannot be furnished in the home; and medical treatment means services that are furnished by the physician or furnished based on and in conformance with the physician's order, by or under the supervision of a licensed health professional, and for the purpose of diagnosis or treatment of an illness or injury.''. (g) Normative Standards for Home Health Claims Denials.--Section 1862(a)(1) (42 U.S.C. 1395y(a)(1)) (as amended by section 11243(b)(2)(A) of this Act) is further amended-- (1) by striking ``and'' at the end of subparagraph (F); (2) by striking the semicolon at the end of subparagraph (G) and inserting ``, and''; and (3) by adding the following after subparagraph (G): ``(H) the frequency and duration of home health services which are in excess of normative guidelines that the Secretary shall establish by regulation;''. (h) Effective Date.-- (1) In general.--The amendments made by this section apply to services furnished on or after October 1, 1997. (2) Special rule.--If an individual is entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), but is not enrolled in the insurance program established by part B of that title, the individual also shall be entitled under part A of that title to home health services that are not posthospital home health services (as those terms are defined under that title) furnished before the 19th month that begins after the date of enactment of this Act.

Home Health Care Prospective Payment Act - Amends title XVIII (Medicare) of the Social Security Act, with respect to the reasonable cost of home health services, to prohibit the Secretary of Health and Human Services, in establishing reasonable cost limits for cost reporting periods after FY 1997, from taking into account any changes in the home health market basket for cost reporting periods between July 1, 1994, and July 1, 1996 (thus providing for the recapture of savings from the temporary freeze on payments for home health services from 1994 to 1996 in updating home health costs limits for FY 1998 and subsequent fiscal years). Reduces the reasonable cost limits for home health services after October 1, 1997, from 112 percent to 105 percent of the median of the labor-related and nonlabor per visit costs for freestanding home health agencies. Provides for: (1) establishment of an interim prospective payment system (PPS) for home health services, with rates calculated according to a specified formula, beginning in FY 1998, with a permanent PPS beginning in FY 2000; (2) reimbursement of home health service costs on the basis of the geographic location where the service is furnished; (3) elimination of periodic interim payments for home health services upon implementation of a permanent PPS; (4) limitation of Medicare part A (Hospital Insurance) coverage of home health services to the first 100 visits following a hospital stay; (5) the definition of coverage of intermittent and part-time nursing care; (6) exclusion of home health service costs from the calculation of Medicare part B (Supplementary Medical Insurance) monthly premiums; (7) further definition of "homebound"; and (8) denial of claims for home health services in excess of normative standards for the frequency and duration of care.

Home Health Care Prospective Payment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Mentoring Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) High-quality teaching is essential to improving the Nation's educational system. (2) High teacher turnover rates severely hamper the ability to create and maintain a high-quality teaching and learning environment. (3) Approximately one-third of the Nation's new teachers leave the teaching profession during their first 3 years of teaching, and almost one-half leave during their first 5 years of teaching. (4) Turnover is highest in low-income schools, where the turnover rate is almost one-third higher than the corresponding rate for all teachers in all schools. (5) Teachers who have left the profession report that better support for beginning teachers is among the 5 top policy reforms that would help school systems retain more teachers. (6) Teachers without mentoring programs have been shown to leave the profession at a rate almost 70 percent higher than those with mentoring programs. (7) It is in the best interest of the United States to ensure that all students have access to a high-quality education through the promotion of mentoring programs that assist in the development of highly qualified teachers, particularly in low-income areas. SEC. 3. GRANTS FOR TEACHER MENTORING PROGRAMS. (a) Grants.--Part C of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) is amended by adding at the end the following: ``Subpart 6--Teacher Mentoring Programs ``SEC. 2371. GRANT PROGRAM. ``(a) Establishment.--For the purpose of providing guidance and assistance to new teachers and improving teacher quality, the Secretary may award grants on a competitive basis to local educational agencies to establish or implement teacher mentoring programs. ``(b) Use of Funds.--The Secretary may not award a grant under this section to a local educational agency unless the agency agrees to use the grant to establish or implement a teacher mentoring program that-- ``(1) will establish and implement minimum qualifications for mentors; ``(2) will provide training and stipends for mentors; ``(3) will provide mentoring programs for teachers in their first year of teaching; ``(4) will provide regular and ongoing opportunities for mentors and mentees to observe each other's teaching methods in classroom settings during the school day; ``(5) will establish an evaluation and accountability plan for activities conducted under such grant that includes rigorous objectives to measure the impact of such activities; and ``(6) will report to the Secretary on an annual basis regarding the agency's progress in meeting the objectives described in paragraph (5). ``(c) Low-Performing Schools.--The Secretary may not award a grant under this section to a local educational agency unless the agency agrees that, in establishing or implementing a teacher mentoring program with the grant, the agency will prioritize funding for mentoring activities at elementary and secondary schools which the agency identifies under section 1116(b) as failing to make adequate yearly progress. ``(d) Duration.--Each grant awarded under this section shall be for a period of 3 years. ``SEC. 2372. LOW-INCOME LOCAL EDUCATIONAL AGENCIES. ``(a) Priority.--Of the grants awarded under section 2371 for any fiscal year, the Secretary shall award not less than 50 percent of such grants to low-income local educational agencies. ``(b) Definition.--For purposes of this section, the term `low- income local educational agency' means a local educational agency for which-- ``(1) not less that 30 percent of the children served by the agency are from families with incomes below the poverty line; and ``(2)(A) there is a high percentage of out-of-field teachers (as that term is defined at section 2102); ``(B) the number or percentage of unfilled teaching positions at the schools served by such agency is higher than the corresponding number or percentage for not less than 75 percent of all the local educational agencies in the State; or ``(C) there is a high teacher turnover rate. ``SEC. 2373. EQUITABLE DISTRIBUTION. ``In awarding grants under this section, the Secretary should seek to ensure an equitable geographic distribution among the regions of the United States and among local educational agencies located in urban, rural, and suburban areas. ``SEC. 2374. APPLICATION. ``To seek a grant under this section, a local educational agency shall, at such time and in such manner as the Secretary may require, submit an application to the Secretary containing the following: ``(1) A plan for establishing a mentor program described in this subpart. ``(2) A description of how the activities to be carried out under the program will improve new teacher experiences and increase teacher retention rates. ``(3) A description of the research on teacher mentoring that is the basis for the plan. ``(4) A description of the evaluation and accountability plan to be established. ``(5) Such other information as the Secretary may require. ``SEC. 2375. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart such sums as may be necessary for each of fiscal years 2004 through 2009.''. (b) Conforming Amendment.--The table of contents at section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2368 the following: ``Subpart 6--Teacher Mentoring Programs ``Sec. 2371. Grant program. ``Sec. 2372. Low-income local educational agencies. ``Sec. 2373. Equitable distribution. ``Sec. 2374. Application. ``Sec. 2375. Authorization of appropriations.''. (c) Report.--Not less than 3 years after the date of the first award of a grant under the program established by the amendments made by this section, the Secretary of Education shall submit a report to the Congress on the results of such program, including the impact of mentoring programs assisted under this Act on teacher retention rates.

Teacher Mentoring Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to authorize the Secretary of Education to make competitive three-year grants to local educational agencies (LEAs) to establish or implement teacher mentoring programs to guide and assist new teachers and improve teacher quality.Requires such programs to provide: (1) training and stipends for mentors; (2) mentoring programs for teachers in their first year of teaching; and (3) regular and ongoing opportunities for mentors and mentees to observe each other's teaching methods in classroom settings during the school day. Requires such programs to establish: (1) minimum qualifications for mentors; and (2) an evaluation and accountability plan for, and report on, program activities.Requires LEAs, in using such program grants, to prioritize funding for mentoring activities at elementary and secondary schools which the LEA identifies under ESEA as failing to make adequate yearly progress.Directs the Secretary to: (1) award at least 50 percent of such grants to low-income LEAs; and (2) report to Congress on program results, including impact on teacher retention rates.

To authorize grants to local educational agencies for teacher mentoring programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Monitoring Enhancement Act of 2006''. SEC. 2. CLARIFICATION RELATING TO CREDIT MONITORING. (a) In General.--Section 403 of the Credit Repair Organizations Act (15 U.S.C. 1679a) is amended-- (1) by striking ``For purposes of this title'' and inserting ``(a) In General.--For purposes of this title''; and (2) by adding at the end the following new subsection: ``(b) Clarification With Respect to Certain Credit Monitoring Services Under Certain Circumstances.-- ``(1) In general.--Subject to paragraph (2) the following shall not be treated as activities described in clause (i) of subsection (a)(3)(A): ``(A) The provision of, or provision of access to, credit reports, credit monitoring notifications, credit scores and scoring algorithms, and other credit score- related tools to a consumer (including generation of projections and forecasts potential credit scores of such consumer under various prospective trends or hypothetical or alternative scenarios). ``(B) Any analysis, evaluation, and explanation of such actual or hypothetical credit scores, or any similar projections, forecasts, analyses, evaluations or explanations. ``(C) In conjunction with offering any of the services described in subparagraph (A) or (B), the provision of materials or services to assist a consumer who is a victim of identity theft. ``(2) Conditions for application of paragraph (1).-- Paragraph (1) shall apply with respect to any person engaging in any activity described in such paragraph only if-- ``(A) the person does not represent, expressly or by implication, that such person-- ``(i) will or can modify or remove, or assist the consumer in modifying or removing, adverse information that is accurate and not obsolete in the credit report of the consumer; or ``(ii) will or can alter, or assist the consumer in altering, the identification of the consumer to prevent the display of the credit record, history, or rating of the consumer for the purpose of concealing adverse information that is accurate and not obsolete; ``(B) in any case in which the person represents, expressly or by implication, that the person will or can modify or remove, or assist the consumer in modifying or removing, any information in the credit report of the consumer, except for a representation with respect to any requirement imposed on the person under section 611 or 623(b) of the Fair Credit Reporting Act, the person discloses, clearly and conspicuously, before the consumer pays or agrees to pay any money or other valuable consideration to such person, whichever occurs first, the following statement: ```NOTICE: Neither you nor anyone else has the right to have accurate and current information removed from your credit report. If information in your report is inaccurate, you have the right to dispute it by contacting the credit bureau directly.'; ``(C) the person provides the consumer in writing with the following statement before any contract or agreement between the consumer and the person is executed: ```Your Rights Concerning Your Consumer Credit File: ```You have a right to obtain a free copy of your credit report once every 12 months from each of the nationwide consumer reporting agencies. To request your free annual credit report, you may go to www.annualcreditreport.com, or call 877-322- 8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You can obtain additional copies of your credit report from a credit bureau, for which you may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud. ```You have the right to cancel your contract with a credit monitoring service without fee or penalty at any time, and in the case in which you have prepaid for a credit monitoring service, you are entitled to a pro rata refund for the remaining term of the credit monitoring service. ```The Federal Trade Commission regulates credit bureaus and credit monitoring services. For more information contact: ```Federal Trade Commission ```Washington, D.C. 20580 ```1-877-FTC-HELP ```www.ftc.gov.'; and ``(D) in any case in which the person offers a subscription to a credit file monitoring program to a consumer, the consumer may cancel the subscription at any time upon written notice to the person without penalty or fee for such cancellation and, in any case in which the consumer is billed for the subscription on other than a monthly basis, within 60 days of receipt of the notice of cancellation by the consumer, the person shall make a pro rata refund to the consumer of a subscription fee prepaid by the consumer, calculated from the date that the person receives the notice of cancellation from the consumer until the end of the subscription period.''. (b) Clarification of Nonexempt Status.--Section 403(a) of the Credit Repair Organizations Act (15 U.S.C. 1679a) (as so redesignated by subsection (a)) is amended, in paragraph (3)(B)(i), by inserting ``and is not for its own profit or for that of its members'' before the semicolon at the end. (c) Revision of Disclosure Requirement.--Section 405(a) of the Credit Repair Organizations Act (15 U.S.C. 1679c) is amended by striking everything after the heading of the disclosure statement contained in such section and inserting the following new text of the disclosure statement: ```You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any `credit repair' company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years. ```You have a right to obtain a free copy of your credit report once every 12 months from each of the nationwide consumer reporting agencies. To request your free annual credit report, you may go to www.annualcreditreport.com, or call 877- 322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You can obtain additional copies of your credit report from a credit bureau, for which you may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud. ```You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations. ```You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it. ```Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur. ```You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau. ```If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you. ```The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact: ```Federal Trade Commission ```Washington, D.C. 20580 ```1-877-FTC-HELP ```(877-382-4357) ```www.ftc.gov.'''.

Credit Monitoring Enhancement Act of 2006 - Amends the Credit Repair Organizations Act to cite conditions under which provision to a consumer of credit reports, credit score analysis, and assistance with identity theft shall not be treated as an activity to improve a consumer's credit status, which is subject to regulation under such Act. Revises credit repair organization disclosure requirements.

A bill to amend the Credit Repair Organizations Act to establish a new disclosure statement, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improvement of Information Access Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) A well-informed citizenry is essential for the well- being of a democratic society. (2) Access to Government information is essential for citizens who seek to make the Federal Government accountable for its actions. (3) The public should have timely, complete, equitable, and affordable access to Government information. (4) Federal agencies should use modern information technology for the benefit of citizens of the United States. (5) Government information is a national resource that should be treated as a public good. (6) Government information is a valuable economic asset that belongs to the public. (7) Taxpayers pay for the creation, collection, and organization of Government information and should not be required to pay excessive fees to receive and use that information. (8) It is unnecessarily difficult for citizens to provide Federal agencies with comments and suggestions on Federal information policies. As a result, many Federal agencies do not take into account the public interest in the information resources they manage. (9) Federal agencies have been slow in developing standards for record and file formats, software query command structures, and other important topics that will make Government information easier to obtain and use. (10) Many Federal agencies do not provide timely access to Government information products and services at reasonable costs. SEC. 3. IMPROVED PUBLIC ACCESS TO GOVERNMENT INFORMATION. (a) In General.--Title 44, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 41--INFORMATION DISSEMINATION POLICIES AND PRACTICES ``Sec. ``4101. Ensuring public access to Government information products and services. ``Sec. 4101. Ensuring public access to Government information products and services ``(a) Each executive department, military department, and independent establishment shall prepare by not later than February 1 of each year, and make freely available to the public upon request and at no charge, a report which describes the information dissemination policies and practices of the department or establishment, including-- ``(1) plans of the department or establishment to introduce new information products and services or discontinue old ones; ``(2) efforts of the department or establishment to develop or implement standards for file and record formats, software query command structures, user interfaces, and other matters that make information easier to obtain and use; ``(3) progress of the department or establishment in creating and disseminating comprehensive indexes and bibliographies of information products and services, including coordinated efforts conducted with other agencies; ``(4) the methods to be used by the public for accessing information, including the modes and outlets available to the public; ``(5) provisions for protecting access to records stored with technologies that are superseded or obsolete; ``(6) methods used to make the public aware of information resources, services, and products; and ``(7) a summary of the comments received from the public under subsection (b) in the year preceding the report, and the response of the department or establishment to those comments. ``(b)(1) Not later than February 1 of each year, each executive department, military department, and independent establishment shall publish in the Federal Register, and provide in such other manner as will notify users of information of the department or establishment, a notice of-- ``(A) the availability of the report prepared under subsection (a); and ``(B) a period of not less than 90 days for submission by the public of comments regarding the information dissemination policies and practices of the department or establishment, including comments regarding-- ``(i) the types of information the department or establishment collects and disseminates; ``(ii) the methods and outlets the department or establishment uses to store and disseminate information; ``(iii) the prices charged by the department or establishment, or such outlets, for the information; and ``(iv) the validity, reliability, timeliness, and usefulness to the public of the information. ``(2) Comments received under this subsection by a department or independent establishment shall be available for inspection to the public. Each year the department or establishment shall provide a reasonable opportunity for dialogue between responsible agency officials and interested members of the public, including through hearings and informal forums, regarding both proposed and existing policies, procedures, and mechanisms for disseminating information under this section and for otherwise implementing this section. ``(c) Before discontinuing an information product or service, an agency shall-- ``(1) publish in the Federal Register, or provide by other means adequate to inform users of information of the agency, a notice of a period of not less than 120 days for submission by the public of comments regarding that discontinuation; ``(2) include in that notice an explanation of the reasons for the discontinuation; and ``(3) consider comments received pursuant to the notice. ``(d) Each agency shall-- ``(1) disseminate information in diverse modes and through appropriate outlets that will reinforce statutory requirements for depository distribution, as well as offering other channels of distribution, with adequate documentation software, indexes, or other resources that will permit and broaden public access to Government information; ``(2) disseminate information in a manner that ensures the timeliness, usefulness, and reliability of the information for the public; ``(3) store and disseminate information products and services in standardized record formats; and ``(4) use depository libraries, national computer networks, and other distribution channels that improve and assure free or low-cost public access to Government information. ``(e)(1) Except as specifically authorized by statute, an agency may not-- ``(A) charge to depository libraries the costs of distributing information products and services; ``(B) charge more than the incremental cost of distributing an information product or service regardless of channels utilized by the agency; or ``(C) charge any royalty or other fee for any use or redissemination of Government information. ``(2) For purposes of this subsection, the incremental cost of distributing an information product or service does not include any portion of the cost of collecting, organizing, or processing information disseminated through the product or service. ``(f)(1) The Archivist of the United States and the Director of the National Institute of Standards and Technology shall jointly issue and periodically revise model performance standards under which agencies shall be encouraged to provide access to public records. ``(2) Standards issued under this subsection shall include the establishment of a period within which an agency, upon request, shall provide by mail a copy of any decision, rule, notice, docket filing, press release, or other public document of the agency.''. (b) Clerical Amendment.--The table of chapters at the beginning of title 44, United States Code, is amended by adding at the end the following: ``41. Government Information Products and Services.......... 4101''. SEC. 4. STANDARDS FOR ACCESS TO PUBLIC RECORDS. The Archivist of the United States and the Director of the National Institute of Standards and Technology shall jointly issue model performance standards for providing access to agency records under section 4101(f) of title 44, United States Code (as added by section 3), by not later than 1 year after the date of the enactment of this Act.

Improvement of Information Access Act of 1993 - Amends Federal law to require each executive and military department and independent establishment to prepare and make available to the public upon request a report which describes its information dissemination policies and practices. Requires each such entity to provide an opportunity for dialogue between responsible agency officials and interested members of the public regarding both proposed and existing policies, procedures, and mechanisms and disseminating information under this Act. Specifies the actions an agency must take before discontinuing an information product or service. Requires agencies to: (1) disseminate information in diverse modes and through appropriate outlets that will permit and broaden public access to Government information; and (2) use depository libraries, national computer networks, and other distribution channels that improve and assure free or low-cost public access to Government information. Provides that except as specifically authorized by statute, an agency may not: (1) charge to depository libraries the costs of distributing information products and services; (2) charge more than the incremental cost of distributing an information product or service regardless of channels utilized; or (3) charge any royalty or other fee for any use or redissemination of Government information. Requires the Archivist of the United States and the Director of the National Institute of Standards and Technology to jointly issue and periodically revise model performance standards under which agencies shall be encouraged to provide access to public records.

Improvement of Information Access Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing for Persons With AIDS Modernization Act of 2014''. SEC. 2. FORMULA AND TERMS FOR ALLOCATIONS TO PREVENT HOMELESSNESS FOR INDIVIDUALS LIVING WITH HIV OR AIDS. (a) In General.--Subsection (c) of section 854 of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) is amended by-- (1) redesignating paragraph (3) as paragraph (5); and (2) striking paragraphs (1) and (2) and inserting the following: ``(1) Allocation of resources.-- ``(A) Allocation formula.--The Secretary shall allocate 90 percent of the amount approved in appropriations Acts under section 863 among States and metropolitan statistical areas as follows: ``(i) 75 percent of such amounts among-- ``(I) cities that are the most populous unit of general local government in a metropolitan statistical area with a population greater than 500,000, as determined on the basis of the most recent census, and with more than 2,000 individuals living with HIV or AIDS, using the data specified in subparagraph (B); and ``(II) States with more than 2,000 individuals living with HIV or AIDS outside of metropolitan statistical areas. ``(ii) 25 percent of such amounts among States and metropolitan statistical areas based on the method described in subparagraph (C). ``(B) Source of data.--For purposes of allocating amounts under this paragraph for any fiscal year, the number of individuals living with HIV or AIDS shall be the number of such individuals as confirmed by the Director of the Centers for Disease Control and Prevention, as of December 31 of the most recent calendar year for which such data is available. ``(C) Allocation under subparagraph (A)(ii).--For purposes of allocating amounts under subparagraph (A)(ii), the Secretary shall develop a method that accounts for-- ``(i) differences in housing costs among States and metropolitan statistical areas based on the fair market rental established pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)) or another methodology established by the Secretary through regulation; and ``(ii) differences in poverty rates among States and metropolitan statistical areas based on area poverty indexes or another methodology established by the Secretary through regulation. ``(2) Maintaining grants.-- ``(A) Continued eligibility of fiscal year 2014 grantees.--A grantee that received an allocation in fiscal year 2014 shall continue to be eligible for allocations under paragraph (1) in subsequent fiscal years, subject to-- ``(i) the amounts available from appropriations Acts under section 863; ``(ii) approval by the Secretary of the most recent comprehensive housing affordability strategy for the grantee approved under section 105; and ``(iii) the requirements of subparagraph (C). ``(B) Adjustments.--Allocations to grantees described in subparagraph (A) shall be adjusted annually based on the administrative provisions included in fiscal year 2014 appropriations Acts. ``(C) Redetermination of continued eligibility.-- The Secretary shall redetermine the continued eligibility of a grantee that received an allocation in fiscal year 2014 at least once during the 10-year period following fiscal year 2014. ``(D) Adjustment to grants.--For each of fiscal years 2015, 2016, and 2017, the Secretary shall ensure that a grantee that received an allocation in the prior fiscal year does not receive an allocation that is 10 percent less than or 20 percent greater than the amount allocated to such grantee in the preceding fiscal year. ``(3) Alternative grantees.-- ``(A) Requirements.--The Secretary may award funds reserved for a grantee eligible under paragraph (1) to an alternative grantee if-- ``(i) the grantee submits to the Secretary a written agreement between the grantee and the alternative grantee that describes how the alternative grantee will take actions consistent with the applicable comprehensive housing affordability strategy approved under section 105 of this Act; ``(ii) the Secretary approves the written agreement described in clause (i) and agrees to award funds to the alternative grantee; and ``(iii) the written agreement does not exceed a term of 10 years. ``(B) Renewal.--An agreement approved pursuant to subparagraph (A) may be renewed by the parties with the approval of the Secretary. ``(C) Definition.--In this paragraph, the term `alternative grantee' means a public housing agency (as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))), a unified funding agency (as defined in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360)), a State, a unit of general local government, or an instrumentality of State or local government. ``(4) Reallocations.--If a State or metropolitan statistical area declines an allocation under paragraph (1)(A), or the Secretary determines, in accordance with criteria specified in regulation, that a State or metropolitan statistical area that is eligible for an allocation under paragraph (1)(A) is unable to properly administer such allocation, the Secretary shall reallocate any funds reserved for such State or metropolitan statistical area as follows: ``(A) For funds reserved for a State-- ``(i) to eligible metropolitan statistical areas within the State on a pro rata basis; or ``(ii) if there is no eligible metropolitan statistical areas within a State, to metropolitan cities and urban counties within the State that are eligible for grant under section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306), on a pro rata basis. ``(B) For funds reserved for a metropolitan statistical area, to the State in which the metropolitan statistical area is located. ``(C) If the Secretary is unable to make a reallocation under subparagraph (A) or (B), the Secretary shall make such funds available on a pro rata basis under the formula in paragraph (1)(A).''. (b) Amendment to Definitions.--Section 853 of such Act is amended-- (1) in paragraph (1), by inserting ``or `AIDS''' before ``means''; and (2) by inserting at the end the following new paragraphs: ``(15) The term `HIV' means infection with the human immunodeficiency virus. ``(16) The term `individuals living with HIV or AIDS' means, with respect to the counting of cases in a geographic area during a period of time, the sum of-- ``(A) the number of living non-AIDS cases of HIV in the area; and ``(B) the number of living cases of AIDS in the area.''.

Housing for Persons With AIDS Modernization Act of 2014 - Amends the AIDS Housing Opportunity Act to revise the formula and terms for allocations of grants to states, local governments, and nonprofit organizations for housing programs for persons with acquired immune deficiency syndrome (AIDS) (as under current law), as well as those with human immunodeficiency virus (HIV).

Housing for Persons With AIDS Modernization Act of 2014

SECTION 1. SHORT TITLE; CONSTITUTIONAL AUTHORITY. (a) Short Title.--This Act may be cited as the ``Cost Integrity and Fairness Act of 2005''. (b) Constitutional Authority to Enact This Legislation.--The constitutional authority upon which this Act rests is the power of Congress to lay and collect taxes, set forth in article I, section 8 of the United States Constitution. SEC. 2. REFUNDABLE AND ADVANCEABLE CREDIT FOR HEALTH INSURANCE COSTS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. HEALTH INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the amount paid during the taxable year for qualified health insurance for coverage of the taxpayer, his spouse, and dependents. ``(b) Limitations.-- ``(1) Maximum credit.-- ``(A) In general.--The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the monthly limitations for months during such taxable year. ``(B) Monthly limitation.--The monthly limitation for any month is the amount equal to \1/12\ of the lesser of-- ``(i) the product of $1,000 multiplied by the number of individuals taken into account under subsection (a) who are covered under qualified health insurance as of the first day of such month, or ``(ii) $3,000. ``(2) Employer subsidized coverage.--Subsection (a) shall not apply to amounts paid for coverage of any individual for any month for which such individual participates in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer. The rule of the last sentence of section 162(l)(2)(B) shall apply for purposes of the preceding sentence. ``(c) Qualified Health Insurance.--For purposes of this section-- ``(1) In general.--The term `qualified health insurance' means insurance which constitutes medical care if-- ``(A) such insurance meets the requirements of section 223(c)(2)(A)(ii), ``(B) there is no exclusion from, or limitation on, coverage for any preexisting medical condition of any applicant who, on the date the application is made, has been continuously insured during the 1-year period ending on the date of the application under-- ``(i) qualified health insurance (determined without regard to this subparagraph), or ``(ii) a program described in-- ``(I) title XVIII or XIX 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, and ``(C) in the case of each applicant who has not been continuously so insured during the 1-year period ending on the date the application is made, the exclusion from, or limitation on, coverage for any preexisting medical condition does not extend beyond the period after such date equal to the lesser of-- ``(i) the number of months immediately prior to such date during which the individual was not so insured since the illness or condition in question was first diagnosed, or ``(ii) 1 year. ``(2) Exclusion of certain plans.--Such term does not include-- ``(A) insurance if substantially all of its coverage is coverage described in section 223(c)(1)(B), ``(B) insurance under a program described in paragraph (1)(B)(ii). ``(3) Transition rule for 2005.--In the case of applications made during 2005, the requirements of subparagraphs (C) and (D) of paragraph (1) are met only if the insurance does not exclude from coverage, or limit coverage for, any preexisting medical condition of any applicant. ``(d) Special Rules.-- ``(1) Coordination with medical deduction, etc.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a credit under section 35 or as a deduction under section 162(l) or 213(a). ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(3) Married couples must file joint return.-- ``(A) In general.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(B) Marital status; certain married individuals living apart.--Rules similar to the rules of paragraphs (3) and (4) of section 21(e) shall apply for purposes of this paragraph. ``(4) Verification of coverage, etc.--No credit shall be allowed under this section to any individual unless such individual's coverage under qualified health insurance, and the amount paid for such coverage, are verified in such manner as the Secretary may prescribe. ``(5) Coordination with advance payments of credit.--With respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under subsection (a) shall be reduced (but not below zero) by the aggregate amount paid on behalf of such taxpayer under section 7527A for months beginning in such taxable year. ``(6) Cost-of-living adjustment.--In the case of any taxable year beginning in a calendar year after 2005, each dollar amount contained in subsection (b)(1)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $10.''. (b) Advance Payment of Credit.--Chapter 77 of such Code (relating to miscellaneous provisions) is amended by inserting after section 7527 the following new section: ``SEC. 7527A. ADVANCE PAYMENT OF CREDIT FOR HEALTH INSURANCE COSTS. ``(a) General Rule.--The Secretary shall establish a program for making payments on behalf of individuals to providers of qualified health insurance (as defined in section 36(c)) for such individuals. ``(b) Limitation on Advance Payments During Any Taxable Year.--The Secretary may make payments under subsection (a) only to the extent that the total amount of such payments made on behalf of any individual during the taxable year does not exceed the amount allowable as a credit to such individual for such year under section 36 (determined without regard to subsection (d)(5) thereof).''. (c) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following new items: ``Sec. 36. Health insurance costs. ``Sec. 37. Overpayments of tax.''. (3) The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7527 the following new item: ``Sec. 7527A. Advance payment of credit for health insurance costs.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Cost Integrity and Fairness Act of 2005 - Amends the Internal Revenue Code to: (1) allow a refundable tax credit for the health insurance costs of a taxpayer, the taxpayer's spouse, and dependents; and (2) direct the Secretary of the Treasury to establish a program for making advance payments of credit amounts to health insurance providers.

To amend the Internal Revenue Code of 1986 to allow individuals a refundable and advanceable credit against income tax for health insurance costs.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Save Our Safety Net Act of 2005''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Ensuring adequate physician payment for emergency department visits. Sec. 3. Ensuring adequate hospital outpatient fee schedule amounts for clinic and emergency department visits. Sec. 4. Permanent extension of adjustment to limit decline in payments for certain hospitals under hospital outpatient PPS. Sec. 5. Fairness in the Medicare disproportionate share hospital (DSH) adjustment for rural hospitals. SEC. 2. ENSURING ADEQUATE PHYSICIAN PAYMENT FOR EMERGENCY DEPARTMENT VISITS. Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: ``(v) Save Our Safety Net Payments for Physicians' Services Provided in an Emergency Department.--In the case of physicians' services furnished to an individual covered under the insurance program established by this part in an emergency department on or after January 1, 2006, in addition to the amount of payment that would otherwise be made for such services under this part, there also shall be paid to the physician or other person (or to an employer or entity in the cases described in clause (A) of section 1842(b)(6)) from the Federal Supplementary Insurance Trust Fund an amount equal to 10 percent of the payment amount for the service under this part.''. SEC. 3. ENSURING ADEQUATE HOSPITAL OUTPATIENT FEE SCHEDULE AMOUNTS FOR CLINIC AND EMERGENCY DEPARTMENT VISITS. (a) In General.--Section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)) is amended-- (1) in paragraph (3)(C)(ii), by striking ``paragraph (8)(B)'' and inserting ``paragraphs (8)(B), (11)(B), and (13)(A)(i)''; (2) in paragraph (3)(C)(iii), by inserting ``(but not the conversion factor computed under paragraph (13)(B))'' after ``this subparagraph''; (3) in paragraph (3)(D)-- (A) in clause (i), by striking ``conversion factor computed under subparagraph (C) for the year'' and inserting ``applicable conversion factor computed under subparagraph (C), paragraph (11)(B), or paragraph (13)(B) for the year''; and (B) in clause (ii), by inserting ``, paragraph (9)(A), or paragraph (13)(C)'' after ``paragraph (2)(C)''; (4) in paragraph (9), by amending subparagraph (B) to read as follows: ``(B) Budget neutrality adjustment.-- ``(i) In general.--If the Secretary makes revisions under subparagraph (A), then the revisions for a year may not cause the estimated amount of expenditures under this part for the year to increase or decrease from the estimated amount of expenditures under this part (including expenditures attributable to the special rules specified in paragraph (13)) that would have been made if the revisions had not been made. ``(ii) Exemption from reduction.--The relative payment weights determined under paragraph (13)(C) and the conversion factor computed under paragraph (13)(B) shall not be reduced by any budget neutrality adjustment made pursuant to this subparagraph.''; and (5) by redesignating paragraphs (13) through (16) as paragraphs (14) through (17), respectively, and by inserting after paragraph (12) the following new paragraph: ``(13) Special rules for calculating medicare opd fee schedule amount for clinic and emergency visits.-- ``(A) In general.--In computing the medicare OPD fee schedule amount under paragraph (3)(D) for covered OPD services that are furnished on or after January 1, 2006, and classified within a group established or revised under paragraph (2)(B) or (9)(A), respectively, for clinic and emergency visits (as described in subparagraph (D)), the Secretary shall-- ``(i) substitute for the conversion factor calculated under paragraph (3)(C) the conversion factor calculated under subparagraph (B); and ``(ii) substitute for the relative payment weight established or revised under paragraph (2)(C) or (9)(A), respectively, the relative payment weight determined under subparagraph (C) for such group. ``(B) Calculation of conversion factor.--For purposes of subparagraph (A)(i), the conversion factor calculated under this subparagraph is-- ``(i) for services furnished during 2006, an amount equal to the product of-- ``(I) the conversion factor specified for such year in the final rule published on November 10, 2005, increased by the percentage by which such conversion factor is reduced for such year pursuant to paragraph (2)(E), and not taking into account any subsequent amendments to such final rule; and ``(II) 1.10; and ``(ii) for services furnished in a year beginning on or after January 1, 2007, the conversion factor computed under this subparagraph for the previous year increased by the OPD fee schedule increase factor specified under paragraph (3)(C)(iv) for the year involved. ``(C) Determination of relative payment weights.-- For purposes of subparagraph (A)(ii), the relative payment weight determined under this subparagraph for a covered OPD service that is classified within such a group is-- ``(i) for services furnished during 2006, the relative payment weight specified for such group for such period in the final rule published November 10, 2005, and not taking into account any subsequent amendments to such final rule; and ``(ii) for services furnished in a year beginning on or after January 1, 2007-- ``(I) for ambulatory patient classification group 0601 (relating to mid-level clinic visits), or a successor to such group, the relative payment weight specified for such group in the final rule referred to in clause (i); and ``(II) for other ambulatory patient classification groups described in subparagraph (D), the relative payment weight established or revised under paragraph (2)(C) or (9)(A), respectively, for such group for such year (but without regard to any budget neutrality adjustment under paragraph (9)(B)). ``(D) Groups for clinic and emergency visits.--For purposes of this paragraph, the groups established or revised under paragraph (2)(B) or (9)(A), respectively, for clinic and emergency visits are ambulatory patient classification groups 0600, 0601, 0602, 0610, 0611, 0612, and 0620 as defined for purposes of the final rule referred to in subparagraph (C)(i) (and any successors to such groups).''. (b) Limitation on Secretarial Authority.--Notwithstanding section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)), as amended by subsection (a), the Secretary of Health and Human Services may not make any adjustment under-- (1) paragraph (2)(F), (3)(C)(iii), (9)(B), or (9)(C) of section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)); or (2) any other provision of such section; to ensure that the amendments made by subsection (a) do not cause the estimated amount of expenditures under part B of title XVIII of such Act (42 U.S.C. 1395j et seq.) to exceed the estimated amount of expenditures that would have been made under such part but for such amendments. SEC. 4. PERMANENT EXTENSION OF ADJUSTMENT TO LIMIT DECLINE IN PAYMENTS FOR CERTAIN HOSPITALS UNDER HOSPITAL OUTPATIENT PPS. (a) In General.--Section 1833(t)(7)(D)(i) of the Social Security Act (42 U.S.C. 1395l(t)(7)(D)(i)), as amended by section 5105 of the Deficit Reduction Act of 2005 (Public Law 109-171), is amended-- (1) in the clause heading-- (A) by striking ``Temporary'' and inserting ``Permanent''; and (B) by striking ``Rural'' (2) by striking subclause (II); (3) by striking ``(I) In the case'' and inserting ``In the case''; (4) by striking ``located in a rural area, for'' and inserting ``, for''; and (5) by striking ``furnished before January 1, 2006''. (b) Effective Date.--The amendments made by subsection (a) shall apply to covered OPD services furnished on or after January 1, 2006. SEC. 5. FAIRNESS IN THE MEDICARE DISPROPORTIONATE SHARE HOSPITAL (DSH) ADJUSTMENT FOR RURAL HOSPITALS. Section 1886(d)(5)(F)(xiv)(II) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(F)(xiv)(II)) is amended-- (1) by striking ``or, in the case'' and all that follows through ``subparagraph (G)(iv)''; and (2) by inserting at the end the following new sentence: ``The preceding sentence shall not apply to any hospital with respect to discharges occurring on or after October 1, 2006.''.

Save Our Safety Net Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to require payment to a physician of an additional 10% for emergency department visits. Prescribes special rules for calculating the Medicare hospital outpatient department (OPD) fee schedule amounts for clinic and emergency department visits. Extends from temporary to permanent the current adjustment to payments (hold harmless provisions) for certain small rural and sole community hospitals under the OPD prospective payment system (PPS). Eliminates the cap on the Medicare disproportionate share hospital (DSH) adjustment for payments to rural hospitals.

A bill to amend title XVIII of the Social Security Act to provide fair payments for care provided in a hospital emergency department.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Security Act of 2017''. SEC. 2. STUDENT SECURITY LOAN FORGIVENESS PROGRAM. Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Student Security Loan Forgiveness Program.-- ``(1) Program authorized.--Beginning not later than 180 days after the date of the enactment of the Student Security Act of 2017, the Secretary of Education, jointly with the Commissioner of Social Security, shall carry out a program under which the Secretary shall issue student loan forgiveness credits to qualified borrowers of eligible Federal Direct loans in exchange for delayed eligibility for old-age insurance benefits under title II of the Social Security Act (as amended by the Student Security Act of 2017) in accordance with this subsection. ``(2) Agreement required.--To be eligible to participate in the program, a qualified borrower shall enter into a written agreement with the Secretary of Education and the Commissioner of Social Security under which the borrower-- ``(A) elects to receive a specified number of student loan forgiveness credits not greater than 73; and ``(B) acknowledges the extent of the borrower's delayed eligibility for old-age insurance benefits under title II of the Social Security Act (as amended by the Student Security Act of 2017) as a result of receiving such credits. ``(3) Termination.--No borrower may enter into an agreement under paragraph (2) unless such borrower was a qualified borrower on or before the date that is 15 years after the date of the enactment of the Student Security Act of 2017. ``(4) Combination with other forgiveness programs.--Unless otherwise provided by law, a qualified borrower may combine forgiveness under this subsection with other forgiveness programs under this Act, except in no case shall the total amount of forgiveness received by a borrower under all such programs exceed the amount of Federal student loans owed by such borrower. ``(5) Definitions.--In this section: ``(A) Default.--The term `default' has the meaning given the term in section 435(l). ``(B) Eligible federal direct loan.--The term `eligible Federal Direct loan' means any loan made under this part, including any such loan on which the borrower has defaulted. ``(C) Initial qualifying date.--The term `initial qualifying date' means the date that is 24 months after the date of the enactment of the Student Security Act of 2017. ``(D) Qualified borrower.--The term `qualified borrower'-- ``(i) with respect to a borrower who seeks to enter into an agreement under paragraph (2) on or before the initial qualifying date, means a borrower of an eligible Federal Direct loan who is not entitled to collect old-age insurance benefits under title II of the Social Security Act as of the date of the agreement under paragraph (2), including a borrower who is a defaulted borrower; and ``(ii) with respect to a borrower who seeks to enter into an agreement under paragraph (2) after the initial qualifying date, means-- ``(I) a borrower of an eligible Federal Direct loan who is not entitled to collect old-age insurance benefits under title II of the Social Security Act as of the date of the agreement under paragraph (2), including a borrower who is a defaulted borrower; and ``(II) who was eligible for a deferment under subsection (f)(2)(A) at any time during the five-year period preceding the date of the agreement under paragraph (2). ``(E) Student loan forgiveness credit.--The term `student loan forgiveness credit' means the cancellation of the obligation of a qualified borrower to repay $550 in eligible Federal Direct loans in exchange for delayed eligibility for old-age insurance benefits as specified in title II of the Social Security Act (as amended by the Student Security Act of 2017).''. SEC. 3. DELAYED ELIGIBILITY FOR OLD-AGE INSURANCE BENEFITS. (a) Retirement Age; Early Retirement Age.--Section 216(l) of the Social Security Act (42 U.S.C. 416(l)) is amended by adding at the end the following: ``(4) Notwithstanding the preceding paragraphs of this subsection, in the case of an individual who receives one or more student loan forgiveness credits under section 455(r) of the Higher Education Act of 1965-- ``(A) the retirement age with respect to such individual shall be deemed to be-- ``(i) the retirement age determined with respect to such individual under paragraph (1); plus ``(ii) a number of additional months equal to the number of student loan forgiveness credits received by the individual under such section 455(r); and ``(B) the early retirement age with respect to such individual shall be deemed to be-- ``(i) the early retirement age determined with respect to such individual under paragraph (2); plus ``(ii) a number of additional months equal to the number of student loan forgiveness credits received by the individual under such section 455(r).''. (b) Delayed Retirement Credits.--Section 202(w) of the Social Security Act (42 U.S.C. 402(w)) is amended by inserting after ``age 70'' each place it appears the following: ``(or, in the case of an individual described in paragraph (4) of section 216(l), age 70 plus the number of additional months determined under subparagraph (A)(ii) of such paragraph)''. (c) Voluntary Suspension of Benefits.--Section 202(z) of the Social Security Act (42 U.S.C. 402(z)) is amended by inserting after ``the age of 70'' the following: ``(or, in the case of an individual described in paragraph (4) of section 216(l), the age of 70 plus the number of additional months determined under subparagraph (A)(ii) of such paragraph)''. SEC. 4. INTERFUND BORROWING. Section 201(l) of the Social Security Act (42 U.S.C. 401(l)) is amended to read as follows: ``(l)(1) If at any time the Managing Trustee determines that borrowing authorized under this subsection is necessary to pay full benefit payments from the Federal Disability Insurance Trust Fund, the Managing Trustee may borrow such necessary amounts from the Federal Old-Age and Survivors Insurance Trust Fund for transfer to and deposit in the Federal Disability Insurance Trust Fund. ``(2) In any case where a loan has been made to the Federal Disability Insurance Trust Fund under paragraph (1), there shall be transferred on the last day of each month after such loan is made, from the borrowing Trust Fund to the lending Trust Fund, the total interest accrued to such day with respect to the unrepaid balance of such loan at a rate equal to the rate which the lending Trust Fund would earn on the amount involved if the loan were an investment under subsection (d) (even if such an investment would earn interest at a rate different than the rate earned by investments redeemed by the lending Trust Fund in order to make the loan). ``(3)(A) If in any month after a loan has been made to the Federal Disability Insurance Trust Fund under paragraph (1), the Managing Trustee determines that the assets of such Trust Fund are sufficient to permit repayment of all or part of any loans made to such Fund under paragraph (1), he shall make such repayments as he determines to be appropriate. ``(B) The full amount of all loans made under paragraph (1) shall be repaid at the earliest feasible date. ``(4) The Board of Trustees shall make a timely report to the Congress of any amounts transferred (including interest payments) under this subsection.''. SEC. 5. EXCLUSION FROM GROSS INCOME FOR DISCHARGE OF STUDENT LOAN INDEBTEDNESS UNDER THE STUDENT SECURITY LOAN FORGIVENESS PROGRAM. (a) In General.--Paragraph (1) of section 108(f) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) In general.--In the case of an individual, gross income does not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) of any student loan if such discharge was pursuant to-- ``(A) a provision of such loan under which all or part of the indebtedness of the individual would be discharged if the individual worked for a certain period of time in certain professions for any of a broad class of employers, or ``(B) the receipt of student loan forgiveness credits under section 455(r) of the Higher Education Act of 1965.''. (b) Effective Date.--The amendments made by this section shall apply to discharges of indebtedness on or after the date of the enactment of this Act.

Student Security Act of 2017 This bill amends the Higher Education Act of 1965 to require the Department of Education and the Social Security Administration to jointly carry out a student loan forgiveness program that will forgive Federal Direct loans in exchange for delayed eligibility for old-age insurance benefits under the Social Security Act. In addition, the bill authorizes the transfer of amounts from the Federal Old-Age and Survivors Insurance Trust Fund into the Federal Disability Insurance Trust Fund if borrowing is necessary to pay full benefit payments from the Federal Disability Insurance Trust Fund. The bill amends the Internal Revenue Code to expand the exclusion from gross income of income attributable to the discharge of student loan indebtedness to include indebtedness discharged under the program.

Student Security Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Weapons of Mass Destruction Informant Act''. SEC. 2. S VISA. (a) Expansion of S Visa Classification.--Section 101(a)(15)(S) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)) is amended-- (1) in clause (i)-- (A) by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''; and (B) by striking ``or'' at the end; and (2) in clause (ii)-- (A) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (B) by striking ``1956,'' and all that follows through ``the alien;'' and inserting the following: ``1956; or ``(iii) who the Secretary of Homeland Security and the Secretary of State, in consultation with the Director of Central Intelligence, jointly determine-- ``(I) is in possession of critical reliable information concerning the activities of governments or organizations, or their agents, representatives, or officials, with respect to weapons of mass destruction and related delivery systems, if such governments or organizations are at risk of developing, selling, or transferring such weapons or related delivery systems; and ``(II) is willing to supply or has supplied, fully and in good faith, information described in subclause (I) to appropriate persons within the United States Government; and, if the Secretary of Homeland Security (or with respect to clause (ii), the Secretary of State and the Secretary of Homeland Security jointly) considers it to be appropriate, the spouse, married and unmarried sons and daughters, and parents of an alien described in clause (i), (ii), or (iii) if accompanying, or following to join, the alien;''. (b) Numerical Limitation.--Section 214(k)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(k)(1)) is amended by striking ``The number of aliens'' and all that follows through the period and inserting the following: ``The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(S) in any fiscal year may not exceed 3,500.''. SEC. 3. WEAPONS OF MASS DESTRUCTION INFORMANT CENTER. (a) Establishment.--There is established within the Directorate for Information Analysis and Infrastructure Protection of the Department of Homeland Security a Weapons of Mass Destruction Informant Center. (b) Coordinator.--The Assistant Secretary with responsibility for the Directorate for Information Analysis and Infrastructure Protection shall appoint a coordinator to execute the responsibilities, as described in subsection (c), of the Weapons of Mass Destruction Informant Center. (c) Responsibilities.--The Weapons of Mass Destruction Informant Center established under subsection (a) shall-- (1) receive all raw information provided from aliens who are provided a visa under section 101(a)(15)(S)(iii) of the Immigration and Nationality Act (8 U.S.C 1101(a)(15)(S)(iii)), as added by section 101 of this Act; (2) report all information that is provided by such aliens and is related to the development, sale, or transfer of weapons of mass destruction and related delivery systems, materials, and technologies to senior officials at the Department of Homeland Security, the Central Intelligence Agency, and other relevant components of the intelligence and law enforcement communities, including the Federal Bureau of Investigation; (3) ensure that all aliens who have provided critical, reliable information concerning the activities of any government or organization, or their agents, representatives, or officials, with respect to weapons of mass destruction and related delivery systems, materials, and technologies, if such governments or organizations are at risk of using or exporting such weapons or related delivery systems, are given the highest consideration for visas described in such section 101(a)(15)(S)(iii); (4) educate consular officers at the Department of State, and immigration inspectors and examiners at the Department of Homeland Security, regarding the visa classification described in such section 101(a)(15)(S)(iii); (5) facilitate, receive, and evaluate visa requests for nonimmigrants described in such section 101(a)(15)(S)(iii) in consultation with appropriate personnel both within and outside of the Department of Homeland Security; (6) if a visa described in such section 101(a)(15)(S)(iii) is approved, act in coordination with the Director of the Bureau of Citizenship and Immigration Services and other appropriate government agencies to facilitate the issuance of such visas, including additional visas as are considered to be appropriate for the spouse, married or unmarried sons and daughters, and parents of the alien whose request was granted; (7) facilitate the cooperation of aliens who receive such visas with the United States Government in ways that further the purposes of the visa; (8) ensure that aliens who receive such visas comply with the terms of the visa; and (9) ensure that such visas are not utilized as a method of gaining entry into the United States for any purpose other than those outlined in this Act.

International Weapons of Mass Destruction Informant Act - Expands the S nonimmigrant visa classification of the Immigration and Nationality Act to include aliens who possess and are willing to share with the U.S. Government critical reliable information concerning the activities of governments or organizations with respect to weapons of mass destruction (WMD) and related delivery systems, where those weapons or systems are at risk of being developed, sold, or transferred. Provides for S nonimmigrant status for specified family members of such aliens in appropriate circumstances. Increases the numerical limitation on S nonimmigrant visas to 3,500 per fiscal year. Establishes a Weapons of Mass Destruction Informant Center within the Directorate for Information Analysis and Infrastructure Protection of the Department of Homeland Security, which shall : (1) receive and report to specified Federal agencies all information provided by aliens granted S nonimmigrant status under this Act; (2) ensure that aliens who have provided WMD-related information are given the highest consideration for S nonimmigrant visas; (3) educate consular officers and immigration inspectors and examiners regarding the expanded visa classification; (4) facilitate, receive, and evaluate visa requests submitted pursuant to this Act and facilitate the issuance of visas when requests are approved; (5) facilitate the cooperation with the U.S. Government of aliens receiving WMD-related S nonimmigrant visas; (6) ensure that aliens who receive such visas comply with visa terms; and (7) ensure that such visas are not used to gain entry into the U.S. for purposes other than those outlined in this Act.

A bill to expand the S visa classification to include aliens who are in possession of critical reliable information with respect to weapons of mass destruction, to establish a Weapons of Mass Destruction Informant Center, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Irene and Lee Tax Relief Storm Recovery Act of 2013''. SEC. 2. ADDITIONAL LOW-INCOME HOUSING CREDIT MAY BE ALLOCATED IN STATES DAMAGED IN 2011 BY HURRICANE IRENE OR TROPICAL STORM LEE. (a) In General.--Paragraph (3) of section 42(h) of the Internal Revenue Code of 1986 (relating to limitation on aggregate credit allowable with respect to projects located in a State) is amended by adding at the end the following new subparagraph: ``(J) Increase in state housing credit for states damaged in 2011 by hurricane irene or tropical storm lee.-- ``(i) In general.--In the case of calendar years 2013, 2014, and 2015, the State housing credit ceiling of each State any portion of which includes any portion of the Irene-Lee disaster area shall be increased by the lesser of-- ``(I) the aggregate housing credit dollar amount allocated by the State housing credit agency of such State for such calendar year to buildings located in such disaster area, or ``(II) the applicable limitation, reduced by the aggregate increase under this clause for all prior calendar years. ``(ii) Applicable limitation.--For purposes of clause (i), the applicable limitation is the lesser of-- ``(I) $2.15 multiplied by the population of the area described in clause (vii)(I), or ``(II) 50 percent of the State housing credit ceiling (determined without regard to this subparagraph) for 2013. ``(iii) Allocations treated as made first from additional allocation amount for purposes of determining carryover.--For purposes of determining the unused State housing credit ceiling under subparagraph (C) for any calendar year, any increase in the State housing credit ceiling under clause (i) shall be treated as an amount described in clause (ii) of such subparagraph. ``(iv) Difficult development area.-- ``(I) In general.--In the case of property placed in service during 2013, 2014, or 2015, the Irene-Lee disaster area shall be treated as a difficult development area designated under subclause (I) of subsection (d)(5)(B)(iii), and shall not be taken into account for purposes of applying the limitation under subclause (II) of such subsection. ``(II) Application of clause.-- Clause (i) shall apply only to-- ``(aa) housing credit dollar amounts allocated during 2013, 2014, or 2015, and ``(bb) to the extent that paragraph (1) does not apply to any building by reason of paragraph (4), only with respect to bonds issued after December 31, 2012. ``(v) Special rule for applying income tests.--In the case of property placed in service after 2012 and before 2020 in a nonmetropolitan area (as defined in subsection (d)(5)(B)(iv)(IV)) within the Irene-Lee disaster area, this section shall be applied by substituting `national nonmetropolitan median gross income (determined under rules similar to the rules of section 142(d)(2)(B))' for `area median gross income' in subparagraphs (A) and (B) of subsection (g)(1). ``(vi) Time for making low-income housing credit allocations.--Paragraph (1)(B) shall not apply to an allocation of housing credit dollar amount to a building located in the Irene-Lee disaster area if such allocation is made in 2013, 2014, or 2015, and such building is placed in service before January 1, 2019. ``(vii) Irene-lee disaster area.--For purposes of this subparagraph, the term `Irene- Lee disaster area' means-- ``(I) each county included in the geographical area covered by a qualifying natural disaster declaration, and ``(II) each county contiguous to a county described in subclause (I). ``(viii) Qualifying natural disaster declaration.--For purposes of clause (vii), the term `qualifying natural disaster declaration' means-- ``(I) a natural disaster declared by the Secretary of Agriculture in 2011 due to damaging weather and other conditions relating to Hurricane Irene or Tropical Storm Lee under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)), or ``(II) a major disaster or emergency designated by the President in 2011 due to damaging weather and other conditions relating to Hurricane Irene or Tropical Storm Lee under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

Irene and Lee Tax Relief Storm Recovery Act of 2013 - Amends the Internal Revenue Code to allow an increase in 2013, 2014, and 2015 of the amount of the low-income housing tax credit that may be allocated in states containing counties covered by the natural disaster declaration of the Secretary of Agriculture in 2011 due to damage from Hurricane Irene or Tropical Storm Lee.

Irene and Lee Tax Relief Storm Recovery Act of 2013

SECTION 1. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) Preventing North Korea from proliferating illegal nuclear weapons and related material is a top priority for the United States and regional partners, including Japan, China, and South Korea. (2) Presidential transitions in Washington, DC, and Seoul, South Korea, create opportunities for instability that North Korea could exploit for additional provocations. (3) North Korea is already violating the letter and spirit of numerous United Nations Security Council resolutions. (4) North Korea allegedly test-fired a ballistic missile on February 11, 2017. (5) Strengthening high-level dialogue about North Korean nuclear proliferation between the United States, regional partners, and the United Nations would bring necessary attention to the issue, which has languished over successive Republican and Democratic Administrations. (6) The United States would benefit from a comprehensive strategy, jointly implemented with its regional partners, including China, to prevent North Korea from becoming armed with nuclear weapons and strengthen the shared goal of achieving a denuclearized Korean Peninsula. (7) In addition to supporting the work of the United Nations Panel of Experts on North Korea, the United States and its partners would benefit from a senior-level dialogue to coordinate sanctions enforcement, to detect North Korea proliferation activities, and to prepare contingency responses in the event of North Korean nuclear or conventional provocations. (8) The United States, along with its allies and partners, have highly capable military and nuclear experts who can refine plans to respond to a North Korea capability development that endangers the United States homeland and could recommend defensive measures to address vulnerabilities. (9) The trilateral relationship between the United States, Japan, and South Korea has served as an important node for sharing information about the North Korean threat and the trilateral relationship should be expanded to serve as a focal point for regional cooperation regarding North Korea. (10) Generally, it is in the interest of the United States to remain the security partner of choice for allies and partners in the Indo-Asia Pacific region and to strengthen norms based on the liberal international order that has undergirded peace and stability in the region since the end of World War II. (b) Sense of Congress.--It is the sense of Congress that the United States should expand the trilateral mechanism to serve as a focal point for regional cooperation regarding North Korea. SEC. 2. JOINT COMMISSION ON NORTH KOREA. (a) Authorization.--The President, acting through the Secretary of State, may seek to establish a joint commission with countries in the Indo-Asia Pacific region (hereinafter referred to as ``the Commission''). (b) Activities.--The Commission may undertake the following activities: (1) Supporting professional dialogues, including by convening or sponsoring travel to meetings with nongovernmental experts, to-- (A) coordinate the detection of North Korean violations of existing United Nations Security Council resolutions; (B) develop possible responses to such violations; and (C) enhance monitoring of nuclear weapons proliferation capabilities. (2) Coordinating sub-cabinet-level political discussions on contingency responses to North Korean violations of United Nations Security Council resolutions. (3) Facilitating technical discussions among the Departments of State, Defense, Energy, and the Treasury and the Intelligence Community and their counterparts in countries in the Indo-Asia Pacific region on technical aspects of North Korea's nuclear program and accompanying United States sanctions. (4) Coordinating the sharing of information among the intelligence services of the countries participating in the Commission, to the extent practicable, to identify immediate threats and inform the security services of such countries. (5) Creating guidelines for the coordination of multilateral direct action against shared threats. (c) Chair; Membership.-- (1) In general.--The Commission shall be chaired by the Secretary of State and shall include as members-- (A) the Secretary of the Treasury; (B) the Secretary of Energy; (C) the Secretary of Defense; and (D) the Director of National Intelligence. (2) Counterpart members.--The Secretary of State shall encourage participation of relevant counterparts in the governments of the participating countries. (d) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out the activities of the Commission. SEC. 3. COORDINATION OF MILITARY AND DIPLOMATIC PLANNING. (a) Statement of Policy.--It is the policy of the United States-- (1) to continue to maintain robust and multifaceted diplomatic engagement in the Indo-Asia Pacific region, to include the promotion of United States values and United States economic interests alongside a strong United States military posture; and (2) that the tools of diplomacy and development, along with defense as critical tools of national power, should be used to enhance the national security of the United States, promote United States interests reassure United States allies, deter aggression, and respond swiftly to crises. (b) Sense of Congress.--It is the sense of Congress that the Secretary of State should conduct comprehensive regional and global diplomacy, in close coordination with United States allies in the Indo Asia Pacific Region, to coordinate responses to North Korean provocations and enhance enforcement of United Nations Security Council resolutions. (c) Enhanced Ports of Call.--The Secretary of Defense is authorized, in consultation with Secretary of State, to conduct routine and enhanced ports of call with key allies in the Indo-Asia Pacific region.

This bill authorizes the Department of State to seek to establish a joint commission with countries in the Indo-Asia Pacific region to: support professional dialogues to coordinate the detection of North Korean violations of United Nations Security Council resolutions, develop responses, and enhance monitoring of nuclear weapons proliferation capabilities; coordinate sub-cabinet level political discussions on contingency responses to such violations; facilitate technical discussions among the Departments of State, Defense (DOD), Energy, and the Treasury, the Intelligence Community, and their counterparts in countries in the region on technical aspects of North Korea's nuclear program and accompanying U.S. sanctions; coordinate information sharing among the intelligence services of the participating countries to identify immediate threats; and create guidelines for coordinating multilateral direct action against shared threats. The bill declares that it is U.S. policy: (1) to continue to maintain robust and multifaceted diplomatic engagement in the region, to include promoting U.S. values and economic interests and a strong military posture; and (2) that diplomacy, development, and defense should be used to enhance U.S. national security, promote U.S. interests, reassure U.S. allies, deter aggression, and respond swiftly to crises. DOD may conduct routine and enhanced ports of call with key allies in the region.

To establish a joint commission on North Korea, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Disaster Reform Act of 2013''. SEC. 2. CLARIFICATION OF COLLATERAL REQUIREMENTS. Section 7(d)(6) of the Small Business Act (15 U.S.C. 636(d)(6)) is amended by inserting after ``which are made under paragraph (1) of subsection (b)'' the following: ``: Provided further, That the Administrator, in obtaining the best available collateral for a loan of not more than $200,000 under paragraph (1) or (2) of subsection (b) relating to damage to or destruction of the property of, or economic injury to, a small business concern, shall not require the owner of the small business concern to use the primary residence of the owner as collateral if the Administrator determines that the owner has other assets with a value equal to or greater than the amount of the loan that could be used as collateral for the loan: Provided further, That nothing in the preceding proviso may be construed to reduce the amount of collateral required by the Administrator in connection with a loan described in the preceding proviso or to modify the standards used to evaluate the quality (rather than the type) of such collateral''. SEC. 3. ASSISTANCE TO OUT-OF-STATE SMALL BUSINESSES. Section 21(b)(3) of the Small Business Act (15 U.S.C. 648(b)(3)) is amended-- (1) by striking ``(3) At the discretion'' and inserting the following: ``(3) Assistance to out-of-state small businesses.-- ``(A) In general.--At the discretion''; and (2) by adding at the end the following: ``(B) Disaster recovery assistance.-- ``(i) In general.--At the discretion of the Administrator, the Administrator may authorize a small business development center to provide assistance, as described in subsection (c), to a small business concern located outside of the State, without regard to geographic proximity, if the small business concern is located in an area for which the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), during the period of the declaration. ``(ii) Continuity of services.--A small business development center that provides counselors to an area described in clause (i) shall, to the maximum extent practicable, ensure continuity of services in any State in which the small business development center otherwise provides services. ``(iii) Access to disaster recovery facilities.--For purposes of this subparagraph, the Administrator shall, to the maximum extent practicable, permit the personnel of a small business development center to use any site or facility designated by the Administrator for use to provide disaster recovery assistance.''. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that, subject to the availability of funds, the Administrator of the Small Business Administration shall, to the extent practicable, ensure that a small business development center is appropriately reimbursed for any legitimate expenses incurred in carrying out activities under section 21(b)(3)(B) of the Small Business Act (15 U.S.C. 648(b)(3)(B)), as added by this Act. SEC. 5. INCREASED OVERSIGHT OF ECONOMIC INJURY DISASTER LOANS. (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting immediately after paragraph (9)(D)(3)(cc) the following: ``(10) Increased oversight of economic injury disaster loans.--The Administrator shall increase oversight of entities receiving loans under paragraph (2), including-- ``(A) random site visits to ensure borrower eligibility and compliance with requirements established by the Administrator; and ``(B) random reviews of the use of the loan proceeds by an entity described in paragraph (2) to ensure compliance with requirements established by the Administrator.''. (b) Sense of Congress Relating to Using Existing Funds.--It is the sense of Congress that no additional Federal funds shall be made available to carry out the amendments made by this section. SEC. 6. REDUCTION OF PAPERWORK BURDEN. (a) Sense of Congress.--It is the sense of Congress that the Administrator of the Small Business Administration should-- (1) reduce paperwork burdens pursuant to section 3501 of title 44, United States Code, on small business concerns applying for disaster assistance under section 7(b) of the Small Business Act (15 U.S.C. 636(b)); and (2) ensure that the application for disaster assistance under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) facilitates deterring and detecting potential incidents of waste, fraud, and abuse. (b) Reduction.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting immediately after paragraph (10), as added by this Act, the following: ``(11) Paperwork reduction.--The Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork associated with the application for a loan under this subsection.''. SEC. 7. REPORT ON WEB PORTAL FOR DISASTER LOAN APPLICANTS. Section 38 of the Small Business Act (15 U.S.C. 657j) is amended by adding at the end the following: ``(c) Report on Web Portal for Disaster Loan Application Status.-- ``(1) In general.--Not later than 90 days after the date of enactment of this subsection, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report relating to the creation of a web portal to the track the status of applications for disaster assistance under section 7(b). ``(2) Contents.--The report under paragraph (1) shall include-- ``(A) information on the progress of the Administration in implementing the information system under subsection (a); ``(B) recommendations from the Administration relating to the creation of a web portal for applicants to check the status of an application for disaster assistance under section 7(b), including a review of best practices and web portal models from the private sector; ``(C) information on any related costs or staffing needed to implement such a web portal; ``(D) information on whether such a web portal can maintain high standards for data privacy and data security; ``(E) information on whether such a web portal will minimize redundancy among Administration disaster programs, improve management of the number of inquiries made by disaster applicants to employees located in the area affected by the disaster and to call centers, and reduce paperwork burdens on disaster victims; and ``(F) such additional information as is determined necessary by the Administrator.''.

Small Business Disaster Reform Act of 2013 - Amends the Small Business Act with respect to obtaining the best available collateral for a disaster loan of not more than $200,000 relating to damage to or destruction of the property of, or economic injury to, a small business concern. Prohibits the Administrator of the Small Business Administration (SBA), in obtaining such collateral, from requiring the small business owner to use the owner's primary residence as collateral if the owner has other assets with a value equal to or greater than the loan amount that could be used as collateral for the loan. Allows the Administrator to authorize a Small Business Development Center (SBDC) to provide assistance to small businesses outside the state of that SBDC, without regard to geographical proximity, if the small business is in an area for which the President has declared a major disaster. Expresses the sense of Congress that the Administrator shall ensure that a SBDC is appropriately reimbursed for any legitimate expenses in carrying out such assistance. Directs the Administrator to increase oversight of small businesses receiving economic injury disaster loans, including random site visits and random reviews of loan usage. Expresses the sense of Congress that no additional federal funds shall be made available for such increased oversight. Expresses the sense of Congress that the Administrator should: (1) reduce paperwork burdens on small businesses applying for SBA disaster assistance loans; and (2) ensure that the application for such assistance facilitates deterring and detecting potential instances of waste, fraud, and abuse. Requires the Administrator to take steps to reduce, to the maximum extent practicable, such paperwork. Requires a report from the Administrator to the congressional small business committees relating to the creation of a web portal to track the status of applications for SBA disaster assistance.

Small Business Disaster Reform Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Research Subject Protections Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The Constitution guarantees the right of the people to be secure in their persons, and the Declaration of Independence asserts as self-evident that all men have certain unalienable rights among these are life, liberty and the pursuit of happiness. (2) The first principle of the Nuremberg code states that with respect to human research, the voluntary consent of the human subject is absolutely essential. The Nuremberg code further asserts that such consent must be competent, informed and comprehending. (3) In 1974, the Department of Health, Education and Welfare published regulations (45 CFR 46) governing the protection of human subjects in research. These regulations applied only to research sponsored by the Department. In 1991 these regulations were adopted by 16 additional Federal agencies to apply to any research which these agencies may sponsor. (4) Between 1974 and 1983, Congress enacted 2 Public Laws that established ethical advisory bodies. Public Law 91-348 established the National Commission for the Protection of Human Subjects of Biomedical Research and Public Law 95-622 established the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. Each of these advisory bodies made recommendations to the President and Congress to expand protections for human research subjects. Some of these recommendations have been incorporated into the Federal regulation (45 CFR 46). (5) In 1995, the President's Advisory Committee on Human Radiation Experiments found that there are significant deficiencies in some aspects of the current system for the protection of human subjects. In particular, the Committee found that some consent forms currently in use are flawed in morally significant aspects. (6) The President's Advisory Committee on Human Radiation Experiments recommended the adoption of a Federal policy requiring the informed consent of all human subjects of classified research and that this requirement not be subject to exemption or waiver. The Committee further recommended that in all cases, potential subjects should be informed of the identity of the sponsoring Federal agency and that the project involves classified information. (7) Some agencies of the Federal government sponsor research involving human subjects, but these agencies have not adopted the Common Rule as provided for in part 46 of title 45, Code of Federal Regulations. (8) Private individuals or institutions that do not receive any Federal funding or that are not seeking the approval of the Food and Drug Administration for a drug or device, and that sponsor research involving human subjects, do not need to abide by the requirements of part 46 of title 45, Code of Federal Regulations. (9) Many, but not all, research institutions that receive Federal sponsorship for research involving human subjects may voluntarily apply the protections of the Common Rule to all research conducted at the research institution. (10) Notwithstanding paragraphs (1) through (9), no provision of United States law explicitly requires that informed consent and independent review of research involving human subject be obtained. (11) The human research subject activities described in this section are either in interstate (or foreign) commerce or substantially affect such commerce or the free flow thereof, and the regulation of those activities as provided for in this Act is necessary to prevent and eliminate burdens upon such commerce and to effectively regulate such commerce, in order to insure that the rights and welfare of human research subjects are protected. (b) Purpose.--The purposes of this Act are-- (1) to apply common rule protections to all human subject research and provide for criminal sanctions for violations of this Act; (2) to prohibit the provision of Federal support for classified research that is not reviewed by an institutional review board and require disclosure to human research subjects of certain information regarding classified research; and (3) to address any potential regulatory conflict of interest within the Department of Health and Human Services and the National Institutes of Health, and establish an Office for Protection of Research Subjects within the Office of the Secretary of Health and Human Services. SEC. 3. DEFINITIONS. In this Act: (1) Assurance.--The term ``assurance'' means a written agreement between the Secretary and a research facility, or an institution supporting the research facility, that such research facility will comply with all Federal ethical standards regarding human subject research, including the common rule protections. Such term includes a ``single project assurance'', ``multiple project assurance'', and ``cooperative project assurance''. (2) Board.--The term ``board'' means an institutional review board established in accordance with and for the purposes expressed in this Act. (3) Classified research.--The term ``classified research'' means research involving human subjects that is specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense of foreign policy. (4) Common rule protections.--The term ``common rule protections'' means the requirements and protections provided under part 46 of title 45, Code of Federal Regulations, as in effect on the date of enactment of this Act. (5) Human subject.--The term ``human subject'' means a living individual about whom an investigator (whether professional or student) conducting research obtains-- (A) data through intervention or interaction with the individual; or (B) individually identifiable private information. (6) Interstate commerce.--The term ``interstate commerce'' has the meaning given the term in section 201(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(b)). (7) Office.--The term ``Office'' means the Office for Protection of Research Subjects established under section 102(a) or the Office designated under section 102(b). (8) Research.--The term ``research'' means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge, and those activities for which a Federal department or agency has specific responsibility for regulating as research activities. (9) Research facility.--The term ``research facility'' means any public or private entity, agency (including Federal, State, and other agencies) or person that-- (A) uses human subjects in research involving interstate commerce; or (B) receives support under a grant, loan, contract, or other award from a department, agency, or instrumentality of the United States for the purpose of carrying out research using human subjects. (10) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (11) State.--The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the United States. TITLE I--GENERAL RESEARCH REQUIREMENTS SEC. 101. APPLICATION OF COMMON RULE REQUIREMENTS AND PROTECTIONS. (a) In General.--Except as provided in subsection (b), the requirements and protections provided under part 46 of title 45, Code of Federal Regulations, as in effect on the date of enactment of this Act, shall apply to research conducted by research facilities using human subjects. (b) Exception When in Conflict with Act.--The provisions of this Act shall supersede any provision of part 46 of title 45, Code of Federal Regulations, if such provisions are in conflict. SEC. 102. OFFICE FOR PROTECTION OF RESEARCH SUBJECTS. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary shall establish within the Office of the Secretary an office to be known as the ``Office for Protection of Human Research Subjects'' or make the designation described in subsection (b). (b) Designation.--Not later than 90 days after the date of enactment of this Act, the Secretary may reassign the Office for Protection from Research Risks to the Office of the Secretary and designate such Office to carry out the duties of the Office under this Act. (c) Funding.--The Secretary shall ensure the availability of such sums as may be necessary to enable the Office to conduct all activities under this Act, as well as to conduct appropriate oversight and implementation activities. SEC. 103. REGISTRATION OF FACILITIES. (a) In General.--To conduct research using human subjects, a research facility shall have in effect a valid registration with the Secretary in accordance with this section and with such regulations as the Secretary may promulgate. (b) Requirements.--An application for registration under subsection (a) shall include-- (1) a statement of the principles of the applicant research facility with respect to the protection of the rights and welfare of humans subjects of research conducted or supported by the research facility; (2) a designation of the official responsible for all human subject research conducted or supported by the applicant research facility; (3) a designation of, and membership roster or rosters for, each board that is responsible for reviewing human subject research conducted or supported by the applicant research facility; and (4) an assurance that the applicant research facility is complying and will continue to comply with the requirements for-- (A) board membership; (B) the functions and operations of the board; (C) the review of research by the board; (D) the approval of research by the board; (E) the suspension or termination of board approval of research; (F) the maintenance of records by the board; and (G) obtaining and documenting informed consent from human subjects, consent from children, and permission from parents or guardians as provided for in the common rule protections. (c) Period of Registration.--The registration of a research facility shall be valid for the 3-year period beginning on the date on which the Secretary approves the application for registration, except that such registration may be suspended, revoked or deemed to be incomplete or otherwise insufficient by the Secretary. (d) Affect of Assurances.--Upon the notification of the Secretary by the official designated under subsection (b)(2), a research facility shall be deemed to be in compliance with the registration provisions of this section, if that research facility has in effect a valid assurance negotiated with the Department of Health and Human Services. (e) Failure to Register.--A research facility may not conduct an activity covered by this Act if the facility is not registered with the Secretary under this section or an assurance described in subsection (d) is not in effect. SEC. 104. INSPECTION AND INVESTIGATION. (a) In General.--The Secretary may carry out such inspections or investigations as may be necessary to enable the Secretary to determine whether any research facility has violated or is violating any provision of this Act. (b) Access to Facilities and Records.--To enable the Secretary to carry out subsection (a), the Secretary shall, after providing reasonable notice, be provided with access to a research facility and the records required to be kept by the facility pursuant to section 103(b)(4) and the common rule protections. (c) Penalties.--Title 18, United States Code, is amended by inserting after chapter 89 the following: ``CHAPTER 90--PROTECTION OF HUMAN SUBJECTS BY RESEARCH FACILITIES ``Sec. 1841. Protection of human subjects ``(a) In General.--Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while such person is engaged in the performance of his or her official duties under the Human Research Subject Protections Act of 1997, or because such person has carried out such duties, shall be fined not more than $10,000, or imprisoned not more than 3 years, or both. ``(b) Use of Weapon.--Whoever in the commission of an act that is a violation of subsection (a), uses a deadly or dangerous weapon shall be fined not more than $25,000, or imprisoned not more than 10 years, or both. ``(c) Homicide.--Whoever kills any human being while that human being is engaged in the performance of his or her official duties under the Human Research Subject Protections Act of 1997, or because such human being has carried out such duties, shall be fined or imprisoned as provided for under sections 1111 and 1114.''. SEC. 105. ENFORCEMENT. (a) Suspension of Registration.--If the Secretary has reason to believe that any research facility registered under section 103 has violated or is in violation of any provision of this Act, or of any of the rules or regulations or standards promulgated by the Secretary under this Act, the Secretary may suspend the registration of that research facility for a period of not to exceed 30 days, and after notice and opportunity for a hearing, may suspend such registration for any additional period as the Secretary may determine appropriate. Upon a determination by the Secretary that such a violation has occurred the Secretary may continue such suspension or revoke the registration. (b) Penalties.--Any employee of a research facility that knowingly violates any provision of this Act shall, on conviction thereof, shall be fined not more than $10,000, or imprisoned not more than 3 years, or both. Such violation shall be referred by the Secretary to the United States Department of Justice for prosecution. SEC. 106. REGULATIONS. The Secretary may promulgate such regulations as the Secretary determines to be necessary to carry out this Act. TITLE II--CLASSIFIED RESEARCH SEC. 201. PROHIBITION. Notwithstanding any other provision of law, no Federal funds shall be expended for the conduct of any classified research where a board has waived informed consent as defined in the common rule protections or where a determination has been made that the research is exempt from review by such a board. SEC. 202. ADDITIONAL REQUIREMENTS. In addition to the requirements applicable under the common rule protections, the human subjects involved in any classified research that receives Federal funding shall be provided with the following additional information: (1) The identity of the Federal agency providing funds in connection with the conduct of such research. (2) A statement that the research involves classified information. (3) An unclassified description of the purpose of the research.

TABLE OF CONTENTS: Title I: General Research Requirements Title II: Classified Research Human Research Subject Protections Act of 1997 - Title I: General Research Requirements - Applies the requirements of specified provisions of the Code of Federal Regulations (common rule protections) to research conducted by research facilities using human subjects. Requires that the Office of the Secretary of Health and Human Services handle human subject protection, either through establishment in the Secretary's Office of the Office for Protection of Human Research Subjects or through reassignment to the Secretary's Office of the Office for Protection from Research Risks. Requires research facilities, in order to conduct research using human subjects, to have a registration with the Secretary. Authorizes the Secretary to carry out inspections or investigations to determine whether any facility has violated or is violating this Act. Amends the Federal Criminal Code to mandate fines or imprisonment (or both) for assault, resistance, interference, etc., regarding the performance of official duties under this Act. Provides for suspension of registration for suspected violations and suspension or revocation of registration and fines or imprisonment for violations. Title II: Classified Research - Prohibits the expenditure of Federal funds for the conduct of any classified research (research involving human subjects that is authorized under certain criteria established by an Executive Order to be kept secret) where a board has waived informed consent as defined in the common rule protections or where a determination has been made that the research is exempt from board review. Requires that, in addition to the common rule protections, subjects be informed: (1) of the identity of the Federal agency providing funds; (2) that the research involves classified information; and (3) regarding an unclassified description of the purpose of the research.

Human Research Subject Protections Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Raechel and Jacqueline Houck Safe Rental Car Act of 2013''. SEC. 2. DEFINITIONS. Section 30102(a) of title 49, United States Code, is amended-- (1) by redesignating paragraphs (10) and (11) as paragraphs (12) and (13), respectively; (2) by redesignating paragraphs (1) through (9) as paragraphs (2) through (10), respectively; (3) by inserting before paragraph (2), as redesignated, the following: ``(1) `covered rental vehicle' means a motor vehicle that-- ``(A) has a gross vehicle weight rating of 10,000 pounds or less; ``(B) is rented without a driver for an initial term of less than 4 months; and ``(C) is part of a motor vehicle fleet of 5 or more motor vehicles that are used for rental purposes by a rental company.''; and (4) by inserting after paragraph (10), as redesignated, the following: ``(11) `rental company' means a person who-- ``(A) is engaged in the business of renting covered rental vehicles; and ``(B) uses for rental purposes a motor vehicle fleet of 5 or more covered rental vehicles.''. SEC. 3. REMEDIES FOR DEFECTS AND NONCOMPLIANCE. Section 30120(i) of title 49, United States Code, is amended-- (1) in the subsection heading, by adding ``, or Rental'' at the end; (2) in paragraph (1)-- (A) by striking ``(1) If notification'' and inserting the following: ``(1) In general.--If notification''; (B) by indenting subparagraphs (A) and (B) four ems from the left margin; (C) by inserting ``or the manufacturer has provided to a rental company notification about a covered rental vehicle in the company's possession at the time of notification'' after ``time of notification''; (D) by striking ``the dealer may sell or lease,'' and inserting ``the dealer or rental company may sell, lease, or rent''; and (E) in subparagraph (A), by striking ``sale or lease'' and inserting ``sale, lease, or rental agreement''; (3) by amending paragraph (2) to read as follows: ``(2) Rule of construction.--Nothing in this subsection may be construed to prohibit a dealer or rental company from offering the vehicle or equipment for sale, lease, or rent.''; and (4) by adding at the end the following: ``(3) Specific rules for rental companies.-- ``(A) In general.--Except as otherwise provided under this paragraph, a rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 24 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30118 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail. ``(B) Special rule for large vehicle fleets.-- Notwithstanding subparagraph (A), if a rental company receives a notice to owner covering more than 5,000 motor vehicles in its fleet, the rental company shall comply with the limitations on sale, lease, or rental set forth in subparagraph (C) and paragraph (1) as soon as practicable, but not later than 48 hours after the earliest receipt of the notice to owner under subsection (b) or (c) of section 30018 (including the vehicle identification number for the covered vehicle) by the rental company, whether by electronic means or first class mail. ``(C) Special rule for when remedies not immediately available.--If a notification required under subsection (b) or (c) of section 30118 indicates that the remedy for the defect or noncompliance is not immediately available and specifies actions to temporarily alter the vehicle that eliminate the safety risk posed by the defect or noncompliance, the rental company, after causing the specified actions to be performed, may rent (but may not sell or lease) the motor vehicle. Once the remedy for the rental vehicle becomes available to the rental company, the rental company may not rent the vehicle until the vehicle has been remedied, as provided in subsection (a). ``(D) Inapplicability to junk automobiles.-- Notwithstanding paragraph (1), this subsection does not prohibit a rental company from selling a covered rental vehicle if such vehicle-- ``(i) meets the definition of a junk automobile under section 201 of the Anti-Car Theft Act of 1992 (49 U.S.C. 30501); ``(ii) is retitled as a junk automobile pursuant to applicable State law; and ``(iii) is reported to the National Motor Vehicle Information System, if required under section 204 of such Act (49 U.S.C. 30504).''. SEC. 4. MAKING SAFETY DEVICES AND ELEMENTS INOPERATIVE. Section 30122(b) of title 49, United States Code, is amended by inserting ``rental company,'' after ``dealer,'' each place such term appears. SEC. 5. INSPECTIONS, INVESTIGATIONS, AND RECORDS. Section 30166 of title 49, United States Code, is amended-- (1) in subsection (c)(2), by striking ``or dealer'' each place such term appears and inserting ``dealer, or rental company''; (2) in subsection (e), by striking ``or dealer'' each place such term appears and inserting ``dealer, or rental company''; and (3) in subsection (f), by striking ``or to owners'' and inserting ``, rental companies, or other owners''. SEC. 6. RESEARCH AUTHORITY. The Secretary of Transportation may conduct a study of-- (1) the effectiveness of the amendments made by this Act; and (2) other activities of rental companies (as defined in section 30102(a)(11) of title 49, United States Code) related to their use and disposition of motor vehicles that are the subject of a notification required under section 30118 of title 49, United States Code. SEC. 7. STUDY. (a) Additional Requirement.--Subsection (b)(2) of section 32206 of the Moving Ahead for Progress in the 21st Century Act (Public Law 112- 141; 126 Stat. 785) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: ``(F) evaluate the completion of safety recall remedies on rental trucks; and''. (b) Report.--Subsection (c) of such section is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting such subparagraphs, as so redesignated, an additional two ems from the left margin; (2) by striking ``Report.--Not later'' and inserting the following: ``(c) Reports.-- ``(1) Initial report.--Not later''; (3) in paragraph (1), by striking ``subsection (b)'' and inserting ``subparagraphs (A) through (E) and (G) of subsection (b)(2)''; and (4) by adding at the end the following: ``(2) Safety recall remedy report.--Not later than 1 year after the date of the enactment of the `Raechel and Jacqueline Houck Safe Rental Car Act of 2013', the Secretary shall submit a report to the congressional committees set forth in paragraph (1) that contains-- ``(A) the findings of the study conducted pursuant to subsection (b)(2)(F); and ``(B) any recommendations for legislation that the Secretary determines to be appropriate.''. SEC. 8. PUBLIC COMMENTS. The Secretary of Transportation shall solicit comments regarding the implementation of this Act from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers. SEC. 9. RULEMAKING. The Secretary of Transportation may promulgate rules, as appropriate, to implement this Act and the amendments made by this Act. SEC. 10. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date that is 180 days after the date of the enactment of this Act.

. Raechel and Jacqueline Houck Safe Rental Car Act of 2013 - (Sec. 3) Authorizes a rental company that receives a notification (approved by the National Highway Traffic Safety Administration [NHTSA]) from the manufacturer of a covered rental vehicle about any equipment defect, or noncompliance with federal motor vehicle safety standards, to rent or sell the vehicle or equipment only if the defect or noncompliance is remedied. Specifies any rental vehicle: (1) rated at 10,000 pounds gross vehicle weight or less, (2) rented without a driver for an initial term of under 4 months, and (3) that is part of a motor vehicle fleet of 5 or more motor vehicles used for rental purposes by a rental company. Prescribes a special rule to require rental companies to comply with specified limitations on sale, lease, or rental of a motor vehicle as soon as practicable, but within 24 hours after the earliest receipt of the manufacturer's notification of a defect or noncompliance with vehicle safety standards, whether by electronic means or first class mail. Extends the 24-hour deadline for complying with such limitations to 48 hours if the notification covers more than 5,000 motor vehicles in the rental company's fleet. Permits a rental company to rent (but not sell or lease) a motor vehicle subject to recall if the defect or noncompliance remedy is not immediately available and the company takes any actions specified in the notice to alter the vehicle temporarily to eliminate the safety risk posed. Makes these special rules for rental companies inapplicable to junk automobiles. (Sec. 4) Prohibits a rental company from knowingly making inoperable any safety devices or elements of design installed on or in a compliant motor vehicle or vehicle equipment unless the company reasonably believes the vehicle or equipment will not be used when the devices or elements are inoperable. (Sec. 5) Authorizes the Secretary, upon request, to inspect records of a rental company with respect to a safety investigation. Authorizes the Secretary to require a rental company to keep records or make reports for purposes of compliance with federal motor vehicle safety orders or regulations. (Sec. 6) Authorizes the Secretary to study the effectiveness of the amendments made by this Act and of other activities of rental companies. (Sec. 7) Amends the Moving Ahead for Progress in the 21st Century Act (MAP-21) to require the mandatory study of the safety of rental trucks during a specified seven-year period to evaluate the completion of safety recall remedies on rental trucks. (Sec. 8) Directs the Secretary to solicit comments regarding the implementation of this Act from members of the public, including rental companies, consumer organizations, automobile manufacturers, and automobile dealers.

Raechel and Jacqueline Houck Safe Rental Car Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empower States Act of 2012''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States is dependent on adequate, affordable energy supplies from diverse sources for continued economic stability and growth, national security, and maintenance and enhancement of the quality of life of the people of the United States; (2) domestically produced natural gas and oil provide jobs and economic opportunity to the people of the United States and revenue to the States, including educational programs of the States; (3) volatile energy prices, as well as dependence on oil from Middle East sources, have a detrimental effect on the economy and security of the United States; (4) States have a long record of protecting human health and the environment while enabling increased energy development; (5) hydraulic fracturing is, and has been for decades, a common operation used in exploration and production by the oil and gas industry; (6) the regulation of oil and gas exploration and production activities, including hydraulic fracturing, has traditionally been the within the province of the States; and (7) States, that regulate oil and gas production, have comprehensive laws and regulations to ensure safe operations and drinking water. SEC. 3. STATE PRIMACY REGARDING SAFE DRINKING WATER. (a) Authority of Administrator.--Section 1414 of the Safe Drinking Water Act (42 U.S.C. 300g-3) is amended-- (1) in subsection (b), by striking ``(b) The Administrator'' and all that follows through ``The court may enter'' and inserting the following: ``(b) Enforcement Actions.-- ``(1) In general.--Subject to paragraph (2), the Administrator may bring a civil action in the appropriate United States district court to require compliance with any applicable requirement, with an order issued under subsection (g), or with any schedule or other requirement imposed pursuant to a variance or exemption granted under section 1415 or 1416, if the order, schedule, or other requirement is-- ``(A) authorized under paragraph (1) or (2) of subsection (a); or ``(B) requested by-- ``(i) the chief executive officer of the State in which is located the public water system that is not in compliance with such regulation or requirement; or ``(ii) the State agency with jurisdiction over compliance by public water systems in the State with national primary drinking water regulations or State drinking water regulations. ``(2) Requirement.--Notwithstanding paragraph (1), the Administrator may not take any enforcement action against a State that has primary enforcement responsibility for public water systems (within the meaning of section 1413(a)) or a company or individual within the State pursuant to this subsection, section 1423, or any other provision of law, unless-- ``(A) the Administrator determines that there is an imminent and substantial danger to the public health or environment; and ``(B) the State failed to take corrective action. ``(3) Action by court.--The court may enter''; (2) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (3) by inserting after subsection (g) the following: ``(h) Amendment or Revocation.--The Administrator may not amend or revoke any program of a State with partial or total primary enforcement responsibility under this section unless the Administrator determines, by clear and convincing evidence, that the program fails to effectively protect drinking water in the State.''. (b) Regulations.--Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following: ``SEC. 1459. REGULATIONS. ``(a) Comments Relating to Oil and Gas Exploration and Production.--Before issuing or promulgating any guideline or regulation relating to oil and gas exploration and production on Federal, State, tribal, or fee land pursuant to this Act, the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), or any other provision of law or Executive order, the head of a Federal department or agency shall seek comments from and consult with the head of each affected State, State agency, and Indian tribe at a location within the jurisdiction of the State or Indian tribe, as applicable. ``(b) Statement of Energy and Economic Impact.--Each Federal department or agency shall develop a Statement of Energy and Economic Impact, which shall consist of a detailed statement and analysis supported by credible objective evidence relating to-- ``(1) any adverse effects on energy supply, distribution, or use, including a shortfall in supply, price increases, and increased use of foreign supplies; and ``(2) any impact on the domestic economy if the action is taken, including the loss of jobs and decrease of revenue to each of the general and educational funds of the State or affected Indian tribe. ``(c) Regulations.-- ``(1) In general.--A Federal department or agency shall not impose any new or modified regulation unless the head of the applicable Federal department or agency determines-- ``(A) that the rule is necessary to prevent immediate harm to human health or the environment; and ``(B) by clear and convincing evidence, that the State or Indian tribe does not have an existing reasonable alternative to the proposed regulation. ``(2) Disclosure.--Any Federal regulation promulgated on or after the date of enactment of this paragraph that requires disclosure of hydraulic fracturing chemicals shall refer to the database managed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission (as in effect on the date of enactment of this Act). ``(d) Judicial Review.-- ``(1) In general.--With respect to any regulation described in this section-- ``(A) a State or Indian tribe adversely affected by an action carried out under the regulation shall be entitled to review by a United States district court located in the State or the District of Columbia of compliance by the applicable Federal department or agency with the requirements of this section; ``(B) an entity that is adversely affected by an action carried out under the regulation-- ``(i) may intervene in a review action carried out under subparagraph (A) by the State in which the adverse effect to the entity has occurred or would occur; and ``(ii) shall be entitled to the same judicial review as a State under subparagraph (A) if, not later than 90 days after the date of receipt of a petition from the entity, the State in which the adverse effect to the entity has occurred or would occur fails to seek judicial review pursuant to subparagraph (A). ``(2) Action by court.-- ``(A) In general.--A district court providing review under this subsection may enjoin or mandate any action by a relevant Federal department or agency until the district court determines that the department or agency has complied with the requirements of this section. ``(B) Damages.--The court shall not order money damages. ``(3) Scope and standard of review.--In reviewing a regulation under this subsection-- ``(A) the court shall not consider any evidence outside of the record that was before the agency; and ``(B) the standard of review shall be de novo.''.

Empower States Act of 2012 - Amends the Safe Drinking Water Act, with respect to enforcement of drinking water regulations, to prohibit the Administrator of the Environmental Protection Agency (EPA) from taking any enforcement action against a state with primary enforcement responsibility for public water systems or a company or individual within the state, unless: (1) the Administrator determines that there is an imminent and substantial danger to the public health or environment, and (2) the state failed to take corrective action. Prohibits the Administrator from amending or revoking any program of a state with partial or total primary enforcement responsibility unless the Administrator determines, by clear and convincing evidence, that the program fails to effectively protect drinking water in the state. Requires the head of a federal department or agency, before issuing or promulgating any guideline or regulation relating to oil and gas exploration and production on federal, state, tribal, or fee land pursuant to federal law or executive order, to seek comments from and consult with the head of each affected state, state agency, and Indian tribe at a location within their jurisdiction. Requires federal departments and agencies to develop Statements of Energy and Economic Impact that detail and analyze: (1) adverse effects of an action on energy supply, distribution, or use; and (2) impact on the domestic economy if the action is taken. Prohibits imposition of any new or modified oil and gas regulation unless the head of the applicable department or agency determines: (1) that the rule is necessary to prevent immediate harm to human health or the environment, and (2) by clear and convincing evidence that the state or tribe does not have an existing reasonable alternative to the proposed regulation. Requires any regulation promulgated after enactment of this Act that requires disclosure of hydraulic fracturing chemicals to refer to the database managed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission. Sets forth procedures for judicial review of such regulations.

A bill to recognize the primacy of States, provide for the consideration of the economic impact of additional regulations, and provide for standards and requirements relating to certain guidelines and regulations relating to health and the environment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Entrepreneur and Microenterprise Assistance Act''. SEC. 2. RURAL ENTREPRENEUR AND MICROENTERPRISE ASSISTANCE PROGRAM. Subtitle D of the Consolidated Farm and Rural Development Act is amended by inserting after section 364 (7 U.S.C. 2006f) the following: ``SEC. 365. RURAL ENTREPRENEUR AND MICROENTERPRISE ASSISTANCE PROGRAM. ``(a) Definitions.--In this section: ``(1) Economically disadvantaged microentrepreneur.--The term `economically disadvantaged microentrepreneur' means an owner, majority owner, or developer of a microenterprise that has the ability to compete in the private sector but has been impaired because of diminished capital and credit opportunities, as compared to other microentrepreneurs in the industry. ``(2) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(3) Intermediary.--The term `intermediary' means a private, nonprofit entity that provides assistance-- ``(A) to a microenterprise development organization; or ``(B) for a microenterprise development program. ``(4) Low-income individual.--The term low-income individual means an individual with an income (adjusted for family size) of not more than the greatest of-- ``(A) 80 percent of median income of an area; ``(B) 80 percent of the statewide non-metropolitan area median income; or ``(C) 80 percent of the national median income. ``(5) Microcredit.--The term `microcredit' means a business loan or loan guarantee of not more than $50,000 that is provided to a rural entrepreneur. ``(6) Microenterprise.--The term `microenterprise' means-- ``(A) a sole proprietorship; or ``(B) a business entity with not more than 10 full- time-equivalent employees. ``(7) Microenterprise development organization.-- ``(A) In general.--The term `microenterprise development organization' means a private, nonprofit entity that-- ``(i) provides training and technical assistance to rural entrepreneurs; and ``(ii) facilitates access to capital or another service described in subsection (b) for rural entrepreneurs. ``(B) Inclusions.--The term `microenterprise development organization' includes an organization described in subparagraph (A) with a demonstrated record of delivering services to economically disadvantaged microentrepreneurs, or an effective plan to develop a program to deliver microenterprise services to rural entrepreneurs effectively, as determined by the Secretary. ``(8) Microenterprise development program.--The term `microenterprise development organization' means a program administered by an organization serving a rural area. ``(9) Microentrepreneur.--The term `microentrepreneur' means the owner, operator, or developer of a microenterprise. ``(10) Program.--The term `program' means the rural entrepreneur and microenterprise program established under subsection (b)(1). ``(11) Qualified organization.--The term `qualified organization' means-- ``(A) a microenterprise development organization or microenterprise development program that has a demonstrated record of delivering microenterprise services to rural entrepreneurs, or an effective plan to develop a program to deliver microenterprise services to rural entrepreneurs effectively, as determined by the Secretary. ``(B) an intermediary that has a demonstrated record of delivery assistance to microenterprise development organizations or microenterprise development programs; ``(C) a microenterprise development organization or microenterprise development program that serves rural entrepreneurs; ``(D) an Indian tribe, the tribal government of which certifies to the Secretary that no microenterprise development organization or microenterprise development program exists under the jurisdiction of the Indian tribe; ``(E) a group of 2 or more organizations or Indian tribes described in any of subparagraphs (A) through (D) that agree to act jointly as a qualified organization under this section; or ``(F) for purposes of subsection (b), a public college or university. ``(12) Rural area.--The term `rural area' means any community that is rural in character and has a population of not more than 25,000 individuals. ``(13) Rural capacity building service.--The term `rural capacity building service' means a service provided to an organization that-- ``(A) is, or is in the process of becoming, a microenterprise development organization or microenterprise development program; and ``(B) serves rural areas for the purpose of enhancing the ability of the organization to provide training, technical assistance, and other related services to rural entrepreneurs. ``(14) Rural entrepreneur.--The term `rural entrepreneur' means a microentrepreneur, or prospective microentrepreneur-- ``(A) the principal place of business of which is in a rural area; and ``(B) that is unable to obtain sufficient training, technical assistance, or microcredit elsewhere, as determined by the Secretary. ``(15) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Rural Business-Cooperative Service. ``(16) Tribal government.--The term `tribal government' means the governing body of an Indian tribe. ``(b) Rural Entrepreneurship and Microenterprise Program.-- ``(1) Establishment.--The Secretary shall establish a rural entrepreneurship and microenterprise program. ``(2) Purpose.--The purpose of the program shall be to provide low-income individuals and moderate-income individuals with-- ``(A) the skills necessary to establish new small businesses in rural areas; and ``(B) continuing technical and financial assistance as individuals and business starting or operating small businesses. ``(3) Grants.-- ``(A) In general.--The Secretary may make a grant under the program to a qualified organization-- ``(i) to provide training, operational support, or a rural capacity building service to a qualified organization to assist the qualified organization in developing microenterprise training, technical assistance, market development assistance, and other related services, primarily for business with 5 or fewer full-time-equivalent employees; ``(ii) to assist in researching and developing the best practices in delivering training, technical assistance, and microcredit to rural entrepreneurs; and ``(iii) to carry out such other projects and activities as the Secretary determines to be consistent with the purposes of this section. ``(B) Subgrants.--Subject to such regulations as the Secretary may promulgate, a qualified organization that receives a grant under this paragraph may use the grant to provide assistance to other qualified organizations, such as small or emerging qualified organizations. ``(C) Diversity.--In making grants under this paragraph, the Secretary shall ensure, to the maximum extent practicable, that grant recipients include qualified organizations-- ``(i) of varying sizes; and ``(ii) that serve racially- and ethnically- diverse populations. ``(D) Cost sharing.-- ``(i) Federal share.--The Federal share of the cost of a project carried out using funds from a grant made under this paragraph shall be 75 percent. ``(ii) Form of non-federal share.--The non- Federal share of the cost of a project described in clause (i) may be provided-- ``(I) in cash (including through fees, grants (including community development block grants), and gifts); or ``(II) in kind. ``(4) Rural microloan program.-- ``(A) Establishment.--In carrying out the program, the Secretary may carry out a rural microloan program. ``(B) Purpose.--The purpose of the rural microloan program shall be to provide technical and financial assistance to sole proprietorships and small businesses located in rural areas with a particular focus on those businesses with 5 or fewer full-time equivalent employees. ``(C) Authority of secretary.--In carrying out the rural microloan program, the Secretary may-- ``(i) make direct loans to qualified organizations for the purpose of making short- term, fixed interest rate microloans to startup, newly established, and growing rural microbusiness concerns; and ``(ii) in conjunction with those loans, provide grants in accordance with subparagraph (E) to those qualified organizations for the purpose of providing intensive marketing, management, and technical assistance to small business concerns that are borrowers under this paragraph. ``(D) Loan duration; interest rates; conditions.-- ``(i) Loan duration.--A loan made by the Secretary under this paragraph shall be for a term of 20 years. ``(ii) Applicable interest rates.--A loan made by the Secretary under this paragraph to a qualified organization shall bear an annual interest rate of at least 1 percent. ``(iii) Deferral of interest and principal.--The Secretary may permit the deferral of payments, for principal and interest, on a loan made under this paragraph for a period of not more than 2 years, beginning on the date on which the loan was made. ``(E) Grant amounts.-- ``(i) In general.--Except as otherwise provided in this section, each qualified organization that receives a loan under this paragraph shall be eligible to receive a grant to provide marketing, management, and technical assistance to small business concerns that are borrowers or potential borrowers under this subsection. ``(ii) Maximum amount of grant for microenterprise development organizations.-- Each microenterprise development organization that receives a loan under this paragraph shall receive an annual grant in an amount equal to not more than 25 percent of the total outstanding balance of loans made to the microenterprise development organization under this paragraph, as of the date of provision of the grant. ``(iii) Matching requirement.-- ``(I) In general.--As a condition of any grant made to a qualified organization under this subparagraph, the Secretary shall require the qualified organization to match not less than 15 percent of the total amount of the grant. ``(II) Sources.--In addition to cash from non-Federal sources, a matching share provided by the qualified organization may include indirect costs or in-kind contributions funded under non-Federal programs. ``(c) Administrative Expenses.--Not more than 10 percent of assistance received by a qualified organization for a fiscal year under this section may be used to pay administrative expenses. ``(d) Funding.-- ``(1) In general.--Not later than 30 days after the date of enactment of this Act, and on October 1, 2008, and each October 1 thereafter through October 1, 2012, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $50,000,000, to remain available until expended. ``(2) Allocation of funds.--Of the amount made available by paragraph (1) for each fiscal year-- ``(A) not less than $30,000,000 shall be available for use in carrying out subsection (b)(3); and ``(B) not less than $20,000,000 shall be available for use in carrying out subsection (b)(4), of which not more than $7,000,000 shall be used to support direct loans. ``(C) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.''.

Rural Entrepreneur and Microenterprise Assistance Act - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to establish a rural entrepreneur and microenterprise (sole proprietorship or business entity with not more than 10 full-time employees) program to help low- and moderate- income individuals acquire: (1) necessary skills to establish small rural businesses; and (2) technical and financial assistance. Authorizes the Secretary to carry out a related rural microloan program to provide technical and financial assistance to sole proprietorships and small rural businesses with a particular focus on businesses with five or fewer full-time employees.

A bill to amend the Consolidated Farm and Rural Development Act to establish a rural entrepreneur and microenterprise assistance program.

SECTION 1. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING. (a) Guidance Documents.--Paragraph (3) of section 804 of title 5, United States Code, is amended to read as follows: ``(3) The term `rule'-- ``(A) has the meaning given such term in section 551, except that such term does not include (except as otherwise provided in subparagraph (B))-- ``(i) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefor, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing; ``(ii) any rule relating to agency management or personnel; or ``(iii) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties; and ``(B) includes guidance documents.''. (b) Significant Guidance Documents.--Paragraph (2) of section 804 of such title is amended to read as follows: ``(2) The term `major rule'-- ``(A) means any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in-- ``(i) an annual effect on the economy of $100,000,000 or more; ``(ii) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or ``(iii) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; and ``(B) includes significant guidance documents. The term does not include any rule promulgated under the Telecommunications Act of 1996 and the amendments made by that Act.''. (c) Definitions.--Section 804 of such title is amended by adding at the end the following new paragraphs: ``(4) The term `guidance document' means a statement of general applicability and future effect, other than a regulatory action, issued by a Federal agency that sets forth-- ``(A) a policy on a statutory, regulatory, or technical issue; or ``(B) an interpretation of a statutory or regulatory issue. ``(5) The term `significant guidance document'-- ``(A) means a guidance document disseminated to regulated entities or the general public that may reasonably be anticipated to-- ``(i) lead to an annual effect of $100,000,000 or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, employment, the environment, public health or safety, or State, local, or tribal governments or communities; ``(ii) create a serious inconsistency, or otherwise interfere, with an action taken or planned by another Federal agency; ``(iii) materially alter the budgetary impact of any entitlement, grant, user fees, or loan programs, or the rights or obligations of recipients thereof; or ``(iv) raise novel legal or policy issues arising out of legal mandates; and ``(B) does not include any guidance document-- ``(i) on regulations issued in accordance with section 556 or 557 of title 5, United States Code; ``(ii) that pertains to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of non-defense articles and services; ``(iii) on regulations that are limited to the organization, management, or personnel matters of a Federal agency; or ``(iv) belonging to a category of guidance documents exempted by the Administrator of the Office of Information and Regulatory Affairs.''.

This bill requires guidance documents of federal agencies to be considered rules that are subject to the congressional review process, which Congress can use to overturn certain agency actions through a joint resolution of disapproval. "Guidance document" is defined as a statement of general applicability and future effect, other than a regulatory action, issued by a federal agency that sets forth: (1) a policy on a statutory, regulatory, or technical issue; or (2) an interpretation of a statutory or regulatory issue. Significant guidance documents are subject to review as major rules, which delays their effective date and requires the Government Accountability Office to review the agency's compliance with the regulatory process. A "significant guidance document" is a guidance document disseminated to regulated entities or the general public that may reasonably be anticipated to: (1) lead to an annual effect of at least $100 million or adversely affect in a material way the economy, a sector of the economy, productivity, competition, employment, the environment, public health or safety, or state, local, or tribal governments or communities; (2) create a serious inconsistency, or otherwise interfere, with an action taken or planned by another federal agency; (3) materially alter the budgetary impact of any entitlement, grant, user fees, or loan programs or the rights or obligations of recipients; or (4) raise novel legal or policy issues arising out of legal mandates. A guidance document is not considered to be significant if it: (1) concerns regulations issued in accordance with administrative procedures for rules required by statute to be made on record after opportunity for an agency hearing; (2) pertains to a U.S. military or foreign affairs function other than procurement regulations and regulations involving the import or export of non-defense articles and services; (3) concerns regulations that are limited to the organization, management, or personnel matters of a federal agency; or (4) belongs to a category of guidance documents exempted by the Office of Information and Regulatory Affairs.

To amend title 5, United States Code, to include guidance documents in the congressional review process of agency rulemaking.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Union Share Insurance Stabilization Act''. SEC. 2. NCUA BORROWING AUTHORITY. (a) NCUA Borrowing Authority.--Section 203(d)(1) of the Federal Credit Union Act (12 U.S.C. 1783(d)(1)) is amended to read as follows: ``(1) If, in the judgment of the Board, a loan to the insurance fund, or to the stabilization fund described in section 217, is required at any time for purposes of this title, the Secretary of the Treasury shall make the loan, but loans under this paragraph shall not exceed in the aggregate $6,000,000,000 outstanding at any one time. Except as otherwise provided in this subsection, section 217, and in subsection (e) of this section, each loan under this paragraph shall be made on such terms as may be fixed by agreement between the Board and the Secretary of the Treasury.''. (b) Temporary Increases of Borrowing Authority for NCUA.--Section 203(d) of the Federal Credit Union Act (12 U.S.C. 1783(d)) is amended by adding at the end the following: ``(4) Temporary increases authorized.-- ``(A) Recommendations for increase.--During the period beginning on the date of enactment of this paragraph and ending on December 31, 2010, if, upon the written recommendation of the Board (upon a vote of not less than two-thirds of the members of the Board) and the Board of Governors of the Federal Reserve System (upon a vote of not less than two-thirds of the members of such Board), the Secretary of the Treasury (in consultation with the President) determines that additional amounts above the $6,000,000,000 amount specified in paragraph (1) are necessary, such amount shall be increased to the amount so determined to be necessary, not to exceed $30,000,000,000. ``(B) Report required.--If the borrowing authority of the Board is increased above $6,000,000,000 pursuant to subparagraph (A), the Board shall promptly submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives describing the reasons and need for the additional borrowing authority and its intended uses.''. SEC. 3. ESTABLISHMENT OF A NATIONAL CREDIT UNION SHARE INSURANCE FUND RESTORATION PLAN PERIOD. Section 202(c)(2) of the Federal Credit Union Act (12 U.S.C. 1782(c)(2)) is amended by adding at the end the following new subparagraph: ``(D) Fund restoration plans.-- ``(i) In general.--Whenever-- ``(I) the Board projects that the equity ratio of the Fund will, within 6 months of such determination, fall below the minimum amount specified in subparagraph (C); or ``(II) the equity ratio of the Fund actually falls below the minimum amount specified in subparagraph (C) without any determination under subclause (I) having been made, the Board shall establish and implement a restoration plan within 90 days that meets the requirements of clause (ii) and such other conditions as the Board determines to be appropriate. ``(ii) Requirements of restoration plan.--A restoration plan meets the requirements of this clause if the plan provides that the equity ratio of the Fund will meet or exceed the minimum amount specified in subparagraph (C) before the end of the 8-year period beginning upon the implementation of the plan (or such longer period as the Board may determine to be necessary due to extraordinary circumstances). ``(iii) Transparency.--Not more than 30 days after the Board establishes and implements a restoration plan under clause (i), the Board shall publish in the Federal Register a detailed analysis of the factors considered and the basis for the actions taken with regard to the plan.''. SEC. 4. TEMPORARY CORPORATE CREDIT UNION STABILIZATION FUND. (a) Establishment of Temporary Corporate Credit Union Stabilization Fund.--Title II of the Federal Credit Union Act (12 U.S.C. 1781 et seq.) is amended by adding at the end the following new section: ``SEC. 217. TEMPORARY CORPORATE CREDIT UNION STABILIZATION FUND. ``(a) Establishment of Stabilization Fund.--There is hereby created in the Treasury of the United States a fund to be known as the `Temporary Corporate Credit Union Stabilization Fund' (and referred to hereafter in this section as the `Stabilization Fund') to be administered by the Board as prescribed by section 209. ``(b) Expenditures From Stabilization Fund.--Money in the Stabilization Fund shall be available upon requisition by the Board, without fiscal year limitation, for making payments for the purposes described in section 203(a), subject to the following additional limitations: ``(1) All payments other than administrative payments shall be connected to the conservatorship, liquidation, or threatened conservatorship or liquidation of a corporate credit union. ``(2) Prior to authorizing each payment, the Board shall-- ``(A) certify that, absent the existence of the Stabilization Fund, the Board would have made the identical payment out of the National Credit Union Share Insurance Fund; and ``(B) report each such certification to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. ``(c) Authority To Borrow.-- ``(1) In general.--The Stabilization Fund is authorized to borrow from the Secretary of the Treasury from time-to-time as deemed necessary by the Board. The maximum outstanding amount of all borrowings from the Treasury by the Stabilization Fund and the National Credit Union Share Insurance Fund, combined, is limited to the amount provided for in section 203(d)(1), including any authorized increases in that amount. ``(2) Repayment of advances.-- ``(A) In general.--The advances made under this section shall be repaid by the Stabilization Fund, and interest on such advances shall be paid, to the General Fund of the Treasury. ``(B) Variable rate of interest.--The Secretary of the Treasury shall make the first rate determination at the time of the first advance under this section and shall reset the rate again for all advances on each anniversary of the first advance. The interest rate shall be equal to the average market yield on outstanding marketable obligations of the United States with remaining periods to maturity equal to 12 months. ``(3) Repayment schedule.--The Stabilization Fund shall repay the advances on a first-in, first-out basis, with interest on the amount repaid, at times and dates determined by the Board at its discretion. All advances shall be repaid not later than the date of the seventh anniversary of the first advance to the Stabilization Fund, unless the Board extends this final repayment date. The Board shall obtain the concurrence of the Secretary of the Treasury on any proposed extension, including the terms and conditions of the extended repayment. ``(d) Assessment To Repay Advances.--At least 90 days prior to each repayment described in subsection (c)(3), the Board shall set the amount of the upcoming repayment and determine if the Stabilization Fund will have sufficient funds to make the repayment. If the Stabilization Fund might not have sufficient funds to make the repayment, the Board shall assess each federally insured credit union a special premium due and payable within 60 days in an aggregate amount calculated to ensure the Stabilization Fund is able to make the repayment. The premium charge for each credit union shall be stated as a percentage of its insured shares as represented on the credit union's previous call report. The percentage shall be identical for each credit union. Any credit union that fails to make timely payment of the special premium is subject to the procedures and penalties described under subsections (d), (e), and (f) of section 202. ``(e) Distributions From Insurance Fund.--At the end of any calendar year in which the Stabilization Fund has an outstanding advance from the Treasury, the Insurance Fund is prohibited from making the distribution to insured credit unions described in section 202(c)(3). In lieu of the distribution described in that section, the Insurance Fund shall make a distribution to the Stabilization Fund of the maximum amount possible that does not reduce the Insurance Fund's equity ratio below the normal operating level and does not reduce the Insurance Fund's available assets ratio below 1.0 percent. ``(f) Investment of Stabilization Fund Assets.--The Board may request the Secretary of the Treasury to invest such portion of the Stabilization Fund as is not, in the Board's judgment, required to meet the current needs of the Stabilization Fund. Such investments shall be made by the Secretary of the Treasury in public debt securities, with maturities suitable to the needs of the Stabilization Fund, as determined by the Board, and bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. ``(g) Reports.--The Board shall submit an annual report to Congress on the financial condition and the results of the operation of the Stabilization Fund. The report is due to Congress within 30 days after each anniversary of the first advance made under subsection (c)(1). Because the Stabilization Fund will use advances from the Treasury to meet corporate stabilization costs with full repayment of borrowings to Treasury at the Board's discretion not due until 7 years from the initial advance, to the extent operating expenses of the Stabilization Fund exceed income, the financial condition of the Stabilization Fund may reflect a deficit. With planned and required future repayments, the Board shall resolve all deficits prior to termination of the Stabilization Fund. ``(h) Closing of the Stabilization Fund.--Within 90 days following the seventh anniversary of the initial Stabilization Fund advance, or earlier at the Board's discretion, the Board shall distribute any funds, property, or other assets remaining in the Stabilization Fund to the Insurance Fund and shall close the Stabilization Fund. If the Board extends the final repayment date as permitted under subsection (c)(3), the mandatory date for closing the Stabilization Fund shall be extended by the same number of days.''. (b) Conforming Amendment.--Section 202(c)(3)(A) of the Federal Credit Union Act (12 U.S.C. 1782(c)(3)(A)) is amended by inserting ``, subject to the requirements of section 217(e),'' after ``The Board shall''.

Credit Union Share Insurance Stabilization Act - Amends the Federal Credit Union Act (FCUA) to grant the National Credit Union Administration (NCUA) increased borrowing authority until December 31, 2010. Requires the NCUA Board to: (1) establish a National Credit Union Share Insurance Fund (NCUSIF) Restoration Plan whenever it projects that the equity ratio of the NCUSIF will fall below a designated minimum equity ratio; and (2) establish the Temporary Corporate Credit Union Stabilization Fund (TCCUSF) to make payments connected to the actual or threatened conservatorship or liquidation of a corporate credit union. Authorizes the TCCUSF to borrow from the Secretary of the Treasury, subject to specified conditions.

To amend the Federal Credit Union Act to increase the borrowing authority of the National Credit Union Administration, establish a National Credit Union Share Insurance Fund restoration plan period, assess insured credit unions for the costs associated with the corporate credit union stabilization effort on an anti-cyclical basis, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Quarter Dollar Coin Act of 2008''. TITLE I--CIVIL RIGHTS QUARTER DOLLARS SEC. 101. ISSUANCE OF REDESIGNED QUARTER DOLLARS EMBLEMATIC OF PROMINENT CIVIL RIGHTS LEADERS AND CIVIL RIGHTS EFFORTS IN AMERICA. Section 5112 of title 31, United States Code, is amended-- (1) by redesignating subsection (r) (as added by section 622 of the Financial Services and General Government Appropriations Act, 2008 (Public Law 110-161) as subsection (s); and (2) by adding at the end the following new subsection: ``(t) Redesign and Issuance of Quarter Dollars Emblematic of Prominent Civil Rights Leaders and Civil Rights Efforts in America.-- ``(1) Redesign beginning upon completion of prior program.-- ``(A) In general.--Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2), quarter dollars issued after the end of the program established under subsection (s) shall have designs on the reverse selected in accordance with this subsection which are emblematic of prominent civil rights leaders and important events that have advanced civil rights in America. ``(B) Flexibility with regard to placement of inscriptions.--Notwithstanding subsection (d)(1), the Secretary may select a design for quarter dollars referred to in subparagraph (A) in which-- ``(i) the inscription described in the second sentence of subsection (d)(1) appears on the reverse side of any such quarter dollars; and ``(ii) any inscription described in the third sentence of subsection (d)(1) or the designation of the value of the coin appears on the obverse side of any such quarter dollars. ``(2) Selection of civil rights leaders and events and design.--The designs selected for the reverse of the coins described under this subsection-- ``(A) Civil rights leaders and events.-- ``(i) In general.--The selection of prominent civil rights leaders and events that have advanced civil rights in America to be honored with a coin under this subsection shall be chosen by the Secretary after consultation with the Congressional Black Caucus, the Congressional Hispanic Caucus, and the Congressional Asian Pacific American Caucus. ``(ii) Coins may depict individuals and events such as-- ``(I) Martin Luther King, Jr.; ``(II) Harriet Tubman and the Underground Railroad; ``(III) The Little Rock Nine; ``(IV) Rosa Parks; ``(V) Cesar Chavez; ``(VI) Antonia Pantoja; ``(VII) Dionisio (Dennis) Chavez; ``(VIII) Patsy Mink; ``(IX) Philip Vera Cruz; and ``(X) Thurgood Marshall. ``(iii) No portrait of a living individual shall be selected for a coin under this subsection. ``(iv) 40 civil rights leaders and events shall be selected to be commemorated with coins under this subsection. ``(v) The selection process under clause (i) for-- ``(I) the first 32 coin designs shall be completed before the end of the 2-year period beginning on the date of the enactment of the Civil Rights Quarter Dollar Coin Act of 2008; and ``(II) the remaining coin designs shall be completed before the end of the 2-year period beginning on the date the first coin is issued that bears the first design selected under this subsection. ``(B) Design.--Each of the designs required under this subsection for quarter dollars shall be-- ``(i) selected by the Secretary after consultation with-- ``(I) the Congressional Black Caucus, the Congressional Hispanic Caucus, and the Congressional Asian Pacific American Caucus; ``(II) the Secretary of the Interior; and ``(III) the Commission of Fine Arts; ``(ii) reviewed by the Citizens Coinage Advisory Committee; and ``(iii) in the case of a design depicting the contribution of an individual civil rights leader, shall not depict the individual in a size such that the coin could be considered to be a `2-headed' coin. ``(3) Issuance of coins.-- ``(A) Rate of issuance.--The quarter dollar coins bearing designs of civil rights leaders and events under this subsection shall be issued at the rate of 5 new designs during each year of the period of issuance under this subsection. ``(B) Number of each of 5 coin designs in each year.--Of the quarter dollar coins issued during each year of the period of issuance, the Secretary of the Treasury shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of quarter dollars which shall be issued with each of the designs selected for such year. ``(C) Duration.--Subject to paragraph (2), the program established under this subsection shall continue in effect until a each of the selected civil rights leaders and events have been honored with a coin. ``(4) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(5) Issuance.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (3) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (3) as the Secretary determines to be appropriate, with a content of 90 percent silver and 10 percent copper. ``(6) Designs after end of program.--Upon the completion of the coin program under this subsection, the design on-- ``(A) the obverse of the quarter dollar shall revert to the same design containing an image of President Washington in effect for the quarter dollar before the institution of the 50-State quarter dollar program; and ``(B) notwithstanding the fourth sentence of subsection (d)(1), the reverse of the quarter dollar shall contain an image of General Washington crossing the Delaware River prior to the Battle of Trenton.''. TITLE II--BULLION INVESTMENT PRODUCTS SEC. 201. SILVER BULLION COIN. Section 5112 of title 31, United States Code, is amended by inserting after subsection (t) (as added by title I of this Act) the following new subsection: ``(u) Silver Bullion Investment Product.-- ``(1) In general.--The Secretary shall strike and make available for sale such number of bullion coins as the Secretary determines to be appropriate that are exact duplicates of the quarter dollars issued under subsection (t), each of which shall-- ``(A) have a diameter of 3.0 inches and weigh 5.0 ounces; ``(B) contain .999 fine silver; ``(C) have incused into the edge the fineness and weight of the bullion coin; ``(D) bear an inscription of the denomination of such coin, which shall be `Quarter Dollar'; and ``(E) not be minted or issued by the United States Mint as so-called `fractional' bullion coins or in any size other than the size described in paragraph (A). ``(2) Availability for sale.--Bullion coins minted under paragraph (1)-- ``(A) shall become available for sale no sooner than the first day of the calendar year in which the circulating quarter dollar of which such bullion coin is a duplicate is issued; and ``(B) may only be available for sale during the year in which such circulating quarter dollar is issued.''.

Civil Rights Quarter Dollar Coin Act of 2008 - Requires quarter dollars to have designs on the reverse emblematic of prominent civil rights leaders and important events that have advanced civil rights in America. Instructs the Secretary of the Treasury to select such leaders and events. Requires five coin designs in each year of the period of issuance. Instructs the Secretary to strike and make available for sale silver bullion coins that are exact duplicates of such quarter dollars.

To provide for a program for circulating quarter dollar coins that are emblematic of prominent civil rights leaders and important events that have advanced civil rights in America.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forest Foundation Conservation Act''. SEC. 2. AMENDMENTS TO NATIONAL FOREST FOUNDATION ACT. (a) Provision of Administrative Support.--Subsection (c) of section 405 of the National Forest Foundation Act (16 U.S.C. 583j-3) is amended to read as follows: ``(c) Administrative Assistance.--(1) Subject to such limitations, terms, and conditions as the Secretary may establish, the Secretary may-- ``(A) detail personnel of the Department of Agriculture to assist the Foundation; and ``(B) provide the Foundation with Department of Agriculture facilities, equipment, supplies, and other administrative services (including Government-contracted transportation and travel services). ``(2) Assistance under paragraph (1) may be provided for partial or no reimbursement, as the Secretary considers appropriate.''. (b) Matching Funds.-- (1) Extension and expansion of authority; source of funds.--Section 410 of the National Forest Foundation Act (16 U.S.C. 583j-8) is amended to read as follows: ``SEC. 410. AVAILABILITY OF FUNDS TO MATCH FOUNDATION CONTRIBUTIONS. ``For the purposes of section 405 of this title, during the five- year period beginning on October 1, 1997, the Secretary may make available to the Foundation from benefiting Forest Service appropriations up to $5,000,000 each fiscal year to match, on a one- for-one basis, private contributions made to the Foundation.''. (2) Conforming amendments.--Section 405 of the National Forest Foundation Act (16 U.S.C. 583j-3) is amended-- (A) by striking subsection (a); (B) in subsection (b)-- (i) by striking ``In addition to the startup funds provided under subsection (a) of this section, for'' and inserting ``For''; (ii) by striking ``October 1, 1992,'' and inserting ``October 1, 1997,''; and (iii) by striking ``section 410(b)'' and inserting ``section 410''; and (C) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively. (3) Effect of amendments.--The amendments made by this subsection shall not affect the availability or use of funds made available for fiscal year 1997 under sections 405(b) and 410(b) of the National Forest Foundation Act, as in effect on the day before the date of the enactment of this Act. (c) Use of Interest and Other Investment Income.--Section 404 of the National Forest Foundation Act (16 U.S.C. 583j-2) is amended by adding at the end the following new subsection: ``(f) Use of Interest and Other Investment Income.--Interest and other investment income earned (before, on, or after the date of the enactment of this subsection) by the Foundation and its subgrantees on Federal funds received from the Secretary under section 405, but not immediately disbursed, may be used by the Foundation to carry out the purposes of the Foundation under section 402(b).''. (d) Exception From Audit Reporting and Compliance Requirements.-- Section 407(a) of the National Forest Foundation Act (16 U.S.C. 583j- 5(a)) is amended by adding at the end the following new sentence: ``A subgrantee of the Foundation shall be exempt from the audit reporting and compliance requirements of Office of Management and Budget Circular A-133 (or any successor administrative regulation or policy) in the case of grants of $250,000 or less.''. (e) Licensing Use of Symbols; Violations.--Section 404 of the National Forest Foundation Act (16 U.S.C. 583j-2) is amended-- (1) in subsection (d)(3), by inserting ``license,'' after ``lease,''; and (2) by inserting after subsection (f), as added by subsection (c) of this section, the following new subsections: ``(g) Licensing Use of Symbols.--(1) To further the purposes of the Foundation under section 402(b), the Foundation shall have exclusive authority to license or authorize persons to use trademarks, tradenames, signs, symbols, emblems, insignia, logos, likenesses, or slogans to represent, promote, or advertise that an individual, company, or particular good or service is an official sponsor or supporter of the Forest Service, the National Forest System, or any unit thereof. Any license or authorization provided by the Foundation under this paragraph shall be subject to the prior written approval of the Secretary, who may not delegate this authority. ``(2) All net income derived from licenses and authorizations provided under paragraph (1) shall be expended by the Foundation in accordance with policies and priorities of the Forest Service on programs, projects, or activities that benefit the National Forest System or the Forest Service, as identified by the Secretary in consultation with the Foundation. ``(3) Nothing in this subsection shall affect the authority of the Secretary under Public Law 93-318 (16 U.S.C. 580p et seq.) relating to the name and character of `Smokey Bear', and the name and character of `Woodsy Owl'. ``(4) The authority provided to the Foundation by paragraph (1) shall expire on September 30, 2003. ``(h) Violation of Licensing Requirements.--Except as provided in subsection (g), no person may use for commercial purposes any trademark, tradename, sign, symbol, emblem, insignia, slogan, or related artistic design belonging to the Forest Service. Whoever, without the authorization of the Foundation under subsection (g), uses for purposes of trade, to induce the sale of any good or service, to promote any commercial activity, or for other commercial purpose, the name of the Foundation or any trademark, tradename, sign, symbol, emblem, insignia, logo, likeness, or slogan referred to in subsection (g), or any facsimile or simulation thereof tending to cause confusion, to cause mistake, to deceive, or to suggest falsely that an individual, company, or particular good or service is an official sponsor or official supporter of the National Forest System or the Forest Service, shall be subject to suit in a civil action by the Foundation for the remedies provided in title VI of the Act of July 5, 1946 (commonly referred to as the Trademark Act of 1946; 15 U.S.C. 1114 et seq.).''. (f) Reporting Requirements.--Section 407 of the National Forest Foundation Act (16 U.S.C. 583j-5) is amended by adding at the end the following new subsection: ``(c) Report on Licensing Activities.--Not later than 5 years after the date of the enactment of this subsection, 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 assessing the cost, effectiveness, and effects of the licensing and authorization program established pursuant to section 404(g). The report shall include a recommendation regarding the desirability of extending the authority provided in such section beyond the expiration date specified in paragraph (4) of such section and assessments of the effect of such program on-- ``(1) visitation levels in the National Forest System; ``(2) the image of the National Forest System; ``(3) achievement of the needs and priorities of the Forest Service; ``(4) appropriations for the National Forest System; and ``(5) the costs of the Foundation and the Secretary to administer the program.''.

National Forest Foundation Conservation Act - Amends the National Forest Foundation Act to extend matching fund authority for the National Forest Foundation. Authorizes the Foundation to license the use of symbols, trademarks, or logos.

National Forest Foundation Conservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice Integrity Act of 2008''. SEC. 2. FINDINGS. Congress finds that-- (1) the pursuit of justice requires the fair application of the law; (2) racial and ethnic disparities in the criminal process have contributed to a growing perception of bias in the criminal justice system; (3) there are a variety of possible causes of disparities in criminal justice statistics among racial and ethnic groups and these causes may differ throughout the United States, including factors such as-- (A) varying levels of criminal activity among racial and ethnic groups and legitimate law enforcement response to that criminal activity; and (B) racial discrimination, ethnic and cultural insensitivity, or unconscious bias; (4) the Nation would benefit from an understanding of all factors causing a disparate impact on the criminal justice system; and (5) programs that promote fairness will increase public confidence in the criminal justice system, increase public safety, and further the pursuit of justice. SEC. 3. PILOT PROGRAM. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall establish a pilot program in 10 United States districts in order to promote fairness, and the perception of fairness, in the Federal criminal justice system, and to determine whether legislation is required. (b) Program Requirements.-- (1) U.S. attorneys.--The Attorney General shall designate, in accordance with paragraph (3), 10 United States Attorneys who shall each implement a plan in accordance with section 4, beginning not later than 1 month after those United States Attorneys are designated by the Attorney General. (2) Purpose.--The purposes of the plans required by this section are-- (A) to gather racial and ethnic data on investigations and prosecutions in the United States districts and the causes of disparities, if any; (B) to determine the extent to which the communities' perception of bias has affected confidence in the Federal criminal justice system; (C) to analyze whether measures may be taken to reduce unwarranted disparities, if any, and increase confidence in the criminal justice system; and (D) to make recommendations, to the extent possible, to ensure that law enforcement priorities and initiatives, charging and plea bargaining decisions, sentencing recommendations, and other steps within the criminal process are not influenced by racial and ethnic stereotyping or bias, and do not produce unwarranted disparities from otherwise neutral laws or policies. (3) Criteria for selection.-- (A) In general.--The 10 pilot districts referred to in subsection (a) shall include districts of varying compositions with respect to size, case load, geography, and racial and ethnic composition. (B) Metropolitan areas.--At least 3 of the United States Attorneys designated by the Attorney General shall be in Federal districts encompassing metropolitan areas. SEC. 4. PLAN AND REPORT. (a) In General.-- (1) United states attorney.--Each United States Attorney shall, in consultation with an advisory group appointed in accordance with paragraph (2), develop and implement a plan in accordance with subsections (b) and (c). (2) Advisory group.-- (A) Appointment.--Not later than 90 days after designation by the Attorney General, the United States Attorney in each of the 10 pilot districts selected pursuant to section 3 shall appoint an advisory group, after consultation with the chief judge of the district and criminal justice professionals within the district. (B) Membership.--The advisory group of a United States Attorney shall include-- (i) 1 or more senior social scientists with expertise in research methods or statistics; and (ii) individuals and entities who play important roles in the criminal justice process and have broad-based community representation such as-- (I) Federal and State prosecutors; (II) Federal and State defenders, if applicable in the district, and private defense counsel; (III) Federal and State judges; (IV) Federal and State law enforcement officials and union representatives; (V) parole and probation officers; (VI) correctional officers; (VII) victim's rights representatives; (VIII) civil rights organizations; (IX) business and professional representatives; and (X) faith-based organizations who do criminal justice work. (C) Term limit.--Subject to subparagraph (D), a member of the advisory group shall not serve longer than 5 years. (D) Permanent members.--Notwithstanding subparagraph (C), the following shall be permanent members of the advisory group for that district: (i) The chief judge for the judicial district. (ii) The Federal defender for the judicial district. (iii) The United States Attorney for the judicial district. (E) Reporter.--The United States Attorney may designate a reporter for each advisory group, who may be compensated in accordance with guidelines established by the Executive Office of the United States Attorneys. (F) Independent contractors.--The members of an advisory group of a United States Attorney and any person designated as a reporter for such group-- (i) shall be considered independent contractors of the United States Attorney's Office when in the performance of official duties of the advisory group; and (ii) may not, solely by reason of service on or for the advisory group, be prohibited from practicing law before any court. (b) Development and Implementation of a Plan and Report.-- (1) Advisory group report.--The advisory group appointed under subsection (a)(2) shall-- (A)(i) systematically collect and analyze quantitative data on the race and ethnicity of the defendant and victim at each stage of prosecution, including case intake, bail requests, declinations, selection of charges, diversion from prosecution or incarceration, plea offers, sentencing recommendations, fast-track sentencing, and use of alternative sanctions; and (ii) at a minimum, collect aggregate data capable of individualization and tracking through the system so that any cumulative racial or ethnic disadvantage can be analyzed; (B) seek to determine the causes of racial and ethnic disparities in a district, and whether these disparities are substantially explained by sound law enforcement policies or if they are at least partially attributable to discrimination, insensitivity, or unconscious bias; (C) examine the extent to which racial and ethnic disparities are attributable to-- (i) law enforcement priorities, prosecutorial priorities, the substantive provisions of legislation enacted by Congress; or (ii) the penalty schemes enacted by Congress or implemented by the United States Sentencing Commission; (D) examine data including-- (i) the racial and ethnic demographics of the United States Attorney's district; (ii) defendants charged in all categories of offense by race and ethnicity, and, where applicable, the race and ethnicity of any identified victim; (iii) substantial assistance motions, whether at sentencing or post-conviction, by race and ethnicity; (iv) charging policies, including decisions as to who should be charged in Federal rather than State court when either forum is available, and whether these policies tend to result in racial or ethnic disparities among defendants charged in Federal court, including whether relative disparities exist between State and Federal defendants charged with similar offenses; (v) the racial and ethnic composition of the Federal prosecutors in the district; and (vi) the extent to which training in the exercise of discretion, including cultural competency, is provided prosecutors; (E) consult with an educational or independent research group, if necessary, to conduct work under this subsection; and (F) submit to the United States Attorney by the end of the second year after their initial appointment a report and proposed plan, which shall be made available to the public and which shall include-- (i) factual findings and conclusions on racial and ethnic disparities, if any, and the State of public confidence in the criminal process; (ii) recommended measures, rules, and programs for reducing unjustified disparities, if any, and increasing public confidence; and (iii) an explanation of the manner in which the recommended plan complies with this paragraph. (2) Adoption of plan.--Not later than 60 days after receiving and considering the advisory group's report and proposed plan under paragraph (1), the United States Attorney appointed under section 3 shall adopt and implement a plan. (3) Copy of report.--The United States Attorney shall transmit a copy of the plan and report adopted and implemented, in accordance with this subsection, together with the report and plan recommended by the advisory group, to the Attorney General. The United States Attorney shall include with the plan an explanation of any recommendation of the advisory group that is not included in the plan. (4) Congress.--The Attorney General shall transmit to the United States Attorney's in every Federal district and to the Committees on the Judiciary of the Senate and the House of Representatives copies of any plan and accompanying report submitted by a pilot district. (c) Periodic United States Attorney Assessment.--After adopting and implementing a plan under subsection (b), each United States Attorney in a pilot district shall annually evaluate the efficacy of the plan. In performing such assessment, the United States Attorney shall consult with the advisory group appointed in accordance with subsection (a)(2). Each assessment shall be submitted to the Executive Office for United States Attorneys for review in accordance with subsection (d). (d) Information on the Pilot Program.-- (1) Report and model plan.--Not later than 5 years after the date of the enactment of this Act, the Attorney General shall-- (A) prepare a comprehensive report on all plans received pursuant to this section; (B) based on all the plans received pursuant to this section the Attorney General shall also develop one or more model plans; and (C) transmit copies of the report and model plan or plans to the Committees on the Judiciary of the Senate and the House of Representatives. (2) Continued oversight.--The Attorney General shall, on a continuing basis-- (A) study ways to reduce unwarranted racial and ethnic disparate impact in the Federal criminal system; and (B) make recommendations to all United States Attorneys on ways to improve the system. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $3,000,000 for use, at the discretion of the Attorney General, by the United States Attorneys' advisory groups in the development and implementation of plans under this Act.

Justice Integrity Act of 2008 - Requires the Attorney General to: (1) establish a pilot program in 10 U.S. districts to promote fairness and the perception of fairness in the federal criminal justice system and to determine whether legislation is required; and (2) designate a U.S. attorney in each of the districts to implement a plan for carrying out such pilot program. Requires each U.S. attorney designated to implement a pilot program to appoint an advisory group consisting of judges, prosecutors, defense attorneys, and other individuals and entities who play an important role in the criminal justice system. Requires each advisory group to: (1) collect and analyze data on the race and ethnicity of defendants at each stage of a criminal proceeding; (2) seek to determine causes of racial and ethnic disparities in the criminal justice process; and (3) submit to the U.S. attorney a report and proposed plan for addressing such disparities. Requires each U.S. attorney to annually evaluate the efficacy of a plan submitted by an advisory group. Requires the Attorney General to: (1) prepare a comprehensive report on all advisory group plans and submit such report and plans to Congress; and (2) exercise continuing oversight of the criminal justice system to reduce unwarranted racial and ethnic disparities and improve such system.

A bill to increase public confidence in the justice system and address any unwarranted racial and ethnic disparities in the criminal process.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Outreach Act of 2005''. SEC. 2. RESCISSION OF DEPARTMENT OF VETERANS AFFAIRS MEMORANDUM. (a) Rescission of Memorandum.--The memorandum of the Department of Veterans Affairs dated July 18, 2002, from the Deputy Under Secretary for Health for Operations and Management with the subject ``Status of VHA Enrollment and Associated Issues'' is hereby rescinded. Marketing activities of directors of health service networks (known as ``Veterans Integrated Service Networks'') of the Department of Veterans Affairs to enroll new veterans within their respective networks shall be carried out without regard to such memorandum. (b) Funding Limitation.--No funds available to the Department of Veterans Affairs may be used to carry out the memorandum referred to in subsection (a) or otherwise to implement the policy contained in that memorandum. SEC. 3. OUTREACH ACTIVITIES. (a) Annual Plan Required.--Subchapter II of chapter 77 of title 38, United States Code, is amended by adding at the end the following new sections: ``Sec. 7728. Annual plan on outreach activities ``(a) Annual Plan Required.--The Secretary shall prepare each year a plan for the outreach activities of the Department for the following year. ``(b) Elements.--Each annual plan under subsection (a) shall include the following: ``(1) Plans for efforts to identify veterans who are not enrolled or registered with the Department for benefits or services under the programs administered by the Secretary. ``(2) Plans for informing veterans and their dependents of modifications of the benefits and services under the programs administered by the Secretary, including eligibility for medical and nursing care and services. ``(c) Coordination in Development.--In developing an annual plan under subsection (a), the Secretary shall consult with the following: ``(1) Directors or other appropriate officials of organizations recognized by the Secretary under section 5902 of this title. ``(2) Directors or other appropriate officials of State and local education and training programs. ``(3) The Administration on Aging of the Department of Health and Human Services. ``(4) Representatives of nongovernmental organizations that carry out veterans outreach programs. ``(5) Representatives of State and local veterans employment organizations. ``(6) Businesses and professional organizations. ``(7) Other individuals and organizations that assist veterans in adjusting to civilian life. ``(d) Incorporation of Assessment of Previous Annual Plans.--In developing an annual plan under subsection (a), the Secretary shall take into account the lessons learned from the implementation of previous annual plans under that subsection and program evaluations from the Office of Policy, Planning, and Preparedness of the Department. ``Sec. 7729. Outreach activities: coordination of activities within Department ``(a) The Secretary shall establish and maintain procedures for ensuring the effective coordination of the outreach activities of the Department between and among the following: ``(1) The Office of the Secretary. ``(2) The Office of Public Affairs. ``(3) The Veterans Health Administration. ``(4) The Veterans Benefits Administration. ``(5) The National Cemetery Administration. ``(b) The Secretary shall-- ``(1) periodically review the procedures maintained under subsection (a) for the purpose of ensuring that such procedures meet the requirement in that subsection; and ``(2) make such modifications to such procedures as the Secretary considers appropriate in light of such review in order to better achieve that purpose.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7727 the following new items: ``7728. Annual plan on outreach activities. ``7729. Outreach activities: coordination of activities within Department.''. (c) Initial Annual Plan.--The first annual outreach activities plan under section 7728 of title 38, United States Code, as added by subsection (a), shall be prepared for the first year beginning after the date of the enactment of this Act. SEC. 4. REQUIREMENT FOR OUTREACH EFFORTS AND DEDICATED STAFF AT EACH REGIONAL OFFICE. (a) Findings.--Congress and the Department of Veterans Affairs historically have targeted certain specific populations for outreach efforts concerning benefits under laws administered by the Secretary of Veterans Affairs. Groups currently targeted for such outreach efforts and for which program outreach coordinators have been designated at each regional office of the Department of Veterans Affairs are the following: (1) Former prisoners of war. (2) Women veterans. (3) Minority veterans. (4) Active duty personnel. (5) Homeless veterans. (6) Elderly veterans. (7) Recently separated veterans. (b) Eligible Dependent Defined.--Paragraph (2) of section 7721(b) of title 38, United States Code, is amended to read as follows: ``(2) the term `eligible dependent' means a spouse, surviving spouse (whether or not remarried), child (regardless of age or marital status), or parent of a person who served in the active military, naval, or air service.''. (c) Improved Outreach Program.--Section 7727 of title 38, United States Code, is amended to read as follows: ``Sec. 7727. Outreach for eligible dependents ``(a) In carrying out this subchapter, the Secretary shall ensure that the needs of eligible dependents are fully addressed. ``(b)(1) In order to carry out subsection (a), the Secretary shall assign such employees of the Veterans Benefits Administration as the Secretary considers appropriate to conduct outreach programs and provide outreach services for eligible dependents. In areas where the number of eligible dependents warrant doing so, the Secretary shall assign at least one employee in the Veterans Benefits Administration regional office to serve as a full-time coordinator of outreach programs and services for eligible dependents in that region. ``(2) Responsibilities of employees assigned to outreach functions under paragraph (1) shall include providing eligible dependents with-- ``(A) information about benefits under laws administered by the Secretary; and ``(B) contacting responsible regional office employees to facilitate-- ``(i) assistance in claims preparation and inquiry resolution; and ``(ii) in the case of a dependent of a deceased veteran for whom necessary records are incomplete, assistance in obtaining such records and other necessary information concerning the veteran. ``(c)(1) Information provided an eligible dependent under this section shall include information on how to apply for benefits for which the dependent may be eligible, including information about assistance available under subsection (b) and section 7722(d) of this title. ``(2) In the case of eligible dependents who are members of distinct beneficiary populations (such as survivors of deceased veterans), the Secretary shall ensure that information provided under this section includes specific information about benefits relating to that population. ``(d) For any geographic area in which there is a significant population of eligible dependents whose primary language is a language other than English, the Secretary shall make information provided under this subsection available to those dependents in the dominant language in that area (in addition to English). ``(e) Outreach services and assistance shall be provided for eligible dependents through the same means that are used for other specially targeted groups. ``(f) The Secretary shall ensure that the availability of outreach services and assistance for eligible dependents under this subchapter is made known through a variety of means, including the Internet, correspondence of the Department, announcements in veterans publications, announcements to the media, telephone directories, direct correspondence to congressional offices, military bases, public affairs offices, military retiree affairs offices, and United States embassies. ``(g) The Secretary shall support the Department's periodic evaluation under section 527 of this title concerning the Department's efforts to address the needs of eligible dependents. ``(h) The Secretary shall include in the Secretary's annual report under section 529 of this title an assessment of the programs of the Department addressing the information and assistance needs of veterans and eligible dependents. The Secretary shall include in each such report the following: ``(1) Information about expenditures, costs, and workload under the program of the Department directed towards the information and assistance needs of veterans and eligible dependents. ``(2) Information about outreach efforts directed toward veterans and eligible dependents. ``(3) Information about emerging needs within the program that relate to other provisions of law, including section 7725 of this title with respect to language needs of veterans and eligible dependents. ``(4) Information as to the timeline for implementation of improvements to meet existing and emerging needs of veterans and eligible dependents in addition to those specified in this section.''.

Veterans Outreach Act of 2005 - Rescinds a specified Department of Veterans Affairs (VA) memorandum (Status of VHA Enrollment and Associated Issues) from the Deputy Under Secretary for Health for Operations and Management. States that: (1) Veterans Integrated Service Networks' marketing activities shall be carried out without regard to such memorandum; and (2) no VA funds shall be used to carry out such memorandum. Directs the Secretary of the VA to annually prepare a plan for VA outreach activities for the following year which shall include plans to: (1) identify veterans who are not enrolled for VA benefits; and (2) inform veterans and their dependents of benefits changes, including medical and nursing care eligibility. Directs the Secretary to: (1) establish procedures to coordinate VA outreach activities; and (2) assign VA employees to conduct outreach program services for eligible dependents (spouse, surviving spouse (whether or not remarried), child (regardless of age or marital status), or parent of a person who served in the active military, naval, or air service).

To amend title 38, United States Code, to improve programs of the Department of Veterans Affairs for outreach to veterans and their family members, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Real Property Disposal Pilot Program and Management Improvement Act of 2005''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--PILOT PROGRAM FOR EXPEDITED DISPOSAL OF FEDERAL REAL PROPERTY Sec. 101. Federal Real Property Disposal Pilot Program. TITLE II--IMPROVEMENTS TO ECONOMY AND EFFICIENCY OF FEDERAL REAL PROPERTY Sec. 201. Improvements to Federal real property management. TITLE III--GENERAL PROVISIONS Sec. 301. Definition of underutilized real property. TITLE I--PILOT PROGRAM FOR EXPEDITED DISPOSAL OF FEDERAL REAL PROPERTY SEC. 101. FEDERAL REAL PROPERTY DISPOSAL PILOT PROGRAM. (a) In General.--Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY ``Sec. 621. Requirement for pilot program ``(a) In General.--The Federal Real Property Council shall conduct a pilot program, to be known as the `Federal Real Property Disposal Pilot Program', under which excess property, surplus property, or underutilized real property shall be disposed of in accordance with this subchapter. ``Sec. 622. Selection of real properties ``The Federal Real Property Council shall select at least 10 real properties per year owned by executive agencies for participation in the pilot program. ``Sec. 623. Expedited disposal requirements ``(a) Requirement to Conduct Expedited Disposals.-- ``(1) In general.--Under the pilot program, the Federal Real Property Council shall direct executive agencies to conduct expedited disposals of the real properties selected pursuant to section 622 of this title. ``(2) Expedited disposal defined.--For purposes of the pilot program, an expedited disposal of a real property is a sale of real property for cash that is conducted pursuant to the requirements of section 545 of this title and that is not subject to-- ``(A) sections 550 and 553 of this title; or ``(B) section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411). ``(b) Fair Market Value.--A real property may be sold under the pilot program only if the Federal Government receives not less than 90 percent of the fair market value for the sale, determined in accordance with a method identified by the Council. ``(c) Monetary Proceeds; Prohibition on Transactions Other Than Sales for Cash.--A real property may be sold under the pilot program only if the property will generate monetary proceeds to the Federal Government. A disposal of real property under the pilot program may not include any exchange, trade, transfer, acquisition of like-kind property, or other non-cash transaction as part of the disposal. ``Sec. 624. Special rules for deposit and use of proceeds from expedited disposals ``(a) Distribution Requirements.--With respect to the disposal of a real property under the pilot program, the monetary proceeds from the disposal shall be distributed as follows: ``(1) 80 percent shall be deposited into the Treasury as miscellaneous receipts. ``(2) 10 percent shall be deposited into an account in the Treasury for use for any program or purpose previously authorized by law by any executive agency determined by the Federal Real Property Council to be affected by the disposal, to remain available until expended without further appropriation or authorization. ``(3) 5 percent shall be deposited into an account in the Treasury for use by the Federal Real Property Council to disburse to local taxing jurisdictions affected by the disposal. Funds not disbursed within 90 days after the disposal of the property shall be deposited into the Treasury as miscellaneous receipts. ``(4) 5 percent shall be deposited into an account in the Treasury for use by the Federal Real Property Council for such purposes as the Council considers appropriate, including for further study and other costs associated with the disposition of real properties. ``(b) Limitation.--Proceeds from the disposal of a real property under the pilot program shall not be subject to subchapter IV of this chapter. ``Sec. 625. Administrative provisions ``(a) Use of Agency Funds for Costs of Disposals.--Subject to subsection (b), an executive agency may use any amounts otherwise available to the agency for paying the costs to the agency of disposing of real property under the pilot program, including the costs of any of the following: ``(1) Site remediation, restoration, or other environmental services. ``(2) Relocation of affected tenants and other occupants. ``(3) Advertising and marketing. ``(4) Community outreach. ``(5) Surveying. ``(6) Appraisal. ``(7) Brokerage. ``(8) Historic preservation services. ``(9) Title insurance. ``(10) Due diligence. ``(11) Document notarization and recording services. ``(12) Prepayment of up to one year's assessed property taxes. ``(13) Any other costs, whether direct or indirect, associated with the sale of the property. ``(b) Limitation on Amount Used for Costs of Disposals.--With respect to the disposal of a real property by an executive agency, the agency may not use amounts, as authorized under subsection (a), for costs associated with the disposal of the property in any amount exceeding 25 percent of the fair market value of the property. ``Sec. 626. Termination of pilot program ``The Federal Real Property Disposal Pilot Program shall terminate 5 years after the date of the enactment of this subchapter.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 611 the following: ``subchapter vii--expedited disposal of real property ``Sec. 621. Requirement for pilot program. ``Sec. 622. Selection of real properties. ``Sec. 623. Expedited disposal requirements. ``Sec. 624. Special rules for deposit and use of proceeds from expedited disposals. ``Sec. 625. Administrative provisions. ``Sec. 626. Termination of pilot program.''. TITLE II--IMPROVEMENTS TO ECONOMY AND EFFICIENCY OF FEDERAL REAL PROPERTY SEC. 201. IMPROVEMENTS TO FEDERAL REAL PROPERTY MANAGEMENT. (a) In General.--Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER VIII--PROPERTY MANAGEMENT GENERALLY ``Sec. 631. Senior Real Property Officers ``(a) Establishment of Agency Senior Real Property Officer.--The head of each agency listed in paragraphs (1) and (2) of section 901(b) of title 31 shall designate among their senior management officials a Senior Real Property Officer. Such officer shall have the education, training, and experience required to administer the necessary functions of the position for the agency concerned. ``(b) Agency Asset Management Plan Responsibilities.--The Senior Real Property Officer of an agency shall develop and implement an agency asset management planning process that meets the form, content, and other requirements established by the Federal Real Property Council established under section 632 of this title. The initial agency asset management plan shall be submitted to the Office of Management and Budget on a date determined by the Director of the Office of Management and Budget. In developing the plan, the Senior Real Property Officer shall-- ``(1) identify and categorize all real property owned, leased, or otherwise managed by the agency, including, where applicable, those properties outside the United States in which the lease agreements and arrangements reflect the host country currency or involve alternative lease plans or rental agreements; ``(2) identify and pursue goals, with appropriate deadlines, consistent with and supportive of the agency's asset management plan and measure progress against such goals; and ``(3) identify any other information and pursue any other actions necessary to the appropriate development and implementation of the agency asset management plan. ``(c) Monitoring of Assets.--The Senior Real Property Officer of an agency shall be responsible, on an ongoing basis, for monitoring the real property assets of the agency so that agency assets are managed in a manner that is-- ``(1) consistent with, and supportive of, the goals and objectives set forth in the agency's overall strategic plan under section 306 of title 5; ``(2) consistent with the real property asset management principles developed by the Federal Real Property Council established under section 632 of this title; and ``(3) reflected in the agency asset management plan. ``(d) Provision of Information.--The Senior Real Property Officer of an agency shall, on an annual basis, provide to the Director of the Office of Management and Budget and the Administrator of General Services the following: ``(1) Information that lists and describes real property assets under the jurisdiction, custody, or control of that agency, except for classified information. ``(2) Any other relevant information the Director of the Office of Management and Budget or the Administrator of General Services may request for inclusion in the inventory database established under section 634 of this title. ``Sec. 632. Federal Real Property Council ``(a) Establishment of Council.--There shall be a Federal Real Property Council, within the Office of Management and Budget for administrative purposes, to develop guidance for, and facilitate the success of, each agency's asset management plan. The Council shall be composed exclusively of all agency Senior Real Property Officers, the Controller of the Office of Management and Budget, the Administrator of General Services, and any other full-time or permanent part-time Federal officials or employees as deemed necessary by the Chairman of the Council. The Deputy Director for Management of the Office of Management and Budget shall also be a member and shall chair the Council. The Office of Management and Budget shall provide funding and administrative support for the Council, as appropriate. ``(b) Agency Asset Management Plans.-- ``(1) In general.--The Council shall provide guidance to the Senior Real Property Officers in the development and implementation of the agency asset management plans. ``(2) Performance measures.-- The Council shall work with the Administrator of General Services to establish appropriate performance measures to determine the effectiveness of Federal real property management. Such performance measures shall include, but are not limited to, evaluating the costs and benefits involved with disposing of Federal real properties at particular agencies. Specifically, the Council shall consider, as appropriate, the following performance measures: ``(A) The cost and time required to dispose of Federal real property assets and the financial recovery of the Federal investment resulting from the disposal. ``(B) Changes in the amounts of vacant Federal space. ``(C) The enhancement of executive agency productivity through an improved working environment. ``(3) Design of performance measures.--The performance measures shall be designed to enable the heads of executive agencies to track progress in the achievement of Government- wide property management objectives, as well as allow for comparing the performance of executive agencies against industry and other public sector agencies. ``(c) Best Practices Clearinghouse.--The Council shall serve as a clearinghouse for executive agencies for best practices in evaluating actual progress in the implementation of real property enhancements. The Council shall also work in conjunction with the President's Management Council to assist the efforts of the Senior Real Property Officials and the implementation of agency asset management plans. ``(d) Fund.--The Council may use amounts in the fund referred to in section 624(4) of this title for such purposes as the Council considers appropriate for carrying out its responsibilities. ``(e) Meetings.--The Council shall hold meetings not less often than once a quarter each fiscal year. ``Sec. 633. Inventory database ``(a) Database.--The Administrator of General Services (in this section referred to as the `Administrator'), in consultation with the Federal Real Property Council, shall establish and maintain a single, comprehensive, and descriptive database of all real property under the custody and control of all executive agencies, other than real property excluded for reasons of national security. The Administrator shall collect from each executive branch agency such descriptive information, except for classified information, as the Administrator considers will best describe the nature, use, and extent of the real property holdings of the Federal Government. ``(b) Standards.--The Administrator, in consultation with the Council, may establish data and other information technology standards for use by executive agencies in developing or upgrading executive agency real property information systems in order to facilitate reporting on a uniform basis. Those agencies with particular information technology standards and systems in place and in use shall be allowed to continue with such use to the extent that they are compatible with the standards issued by the Administrator. ``(c) Jurisdiction of Administrator.--Except for the purpose of maintaining the database required under this section, nothing in this section authorizes the Administrator to assume jurisdiction over the acquisition, management, or disposal of real property not subject to this chapter. ``(d) List of Underutilized Federal Real Properties.-- ``(1) Requirement.--The head of each executive agency shall-- ``(A) identify all underutilized properties under the custody and control of that agency; and ``(B) submit a list describing the underutilized properties to the Federal Real Property Council. ``(2) Contents of list.--The list submitted under paragraph (1)(B) shall include information about the location, nature, and use of the property, and may be included in the database required under this section. ``(3) Use of list.--Each executive agency shall use the list submitted for the agency under this subsection to help in determining whether a property is excess property under this chapter.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 626, as added by title I, the following: ``subchapter viii--property management generally ``Sec. 631. Senior Real Property Officers. ``Sec. 632. Federal Real Property Council. ``Sec. 633. Inventory database.''. TITLE III--GENERAL PROVISIONS SEC. 301. DEFINITION OF UNDERUTILIZED REAL PROPERTY. Section 102 of title 40, United States Code, is amended by adding at the end the following new paragraph: ``(11) The term `underutilized real property' means real property under the control of a Federal agency, with or without improvements, that meets 1 or more of the following criteria: ``(A) The property is occupied by 10 or fewer employees of the Federal Government or a contractor of the Federal Government. ``(B) 50 percent or less of the building space is occupied by the executive agency. ``(C) The property has improvements that occupy 25 percent or less of the land. ``(D) The property is unutilized, meaning it is vacant or not occupied for current program purposes.''.

Federal Real Property Disposal Pilot Program and Management Improvement Act of 2005 - Requires the Federal Real Property Council (established by this Act) to conduct a Federal Real Property Disposal Pilot Program under which excess property, surplus property, or underutilized real property shall be disposed of in accordance with this Act. Requires specified agencies to develop and implement an agency asset management planning process. Requires the Federal Real Property Council to develop guidance for, and facilitate the success of, each agency's asset management plan. Provides for the Federal Real Property Council to serve as a clearinghouse for executive agencies for best practices in evaluating progress in the implementation of real property enhancements. Directs the Administrator of General Services to establish a database of all real property under the custody and control of all executive agencies, other than real property excluded for national security reasons. Directs the heads of executive agencies to identify all underutilized properties under that agency's custody and control and submit a list describing the underutilized properties to the Federal Real Property Council.

To amend title 40, United States Code, to require the Federal Real Property Council to carry out a pilot program for the expeditious disposal of underutilized Federal real property, and to improve the economy and efficiency of Federal real property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Affordable Small Dollar Loan Act of 2010''. SEC. 2. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS. The Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the following: ``SEC. 122. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS. ``(a) Purposes.--The purposes of this section are to-- ``(1) make financial assistance available from the Fund in order to help community development financial institutions defray the costs of operating small dollar loan programs, by providing the amounts necessary for such institutions to establish their own loan loss reserve funds to mitigate some of the losses on such small dollar loan programs; and ``(2) encourage community development financial institution to establish and maintain small dollar loan programs that would help give consumers access to mainstream financial institutions and combat payday lending. ``(b) Grants.-- ``(1) Loan-loss reserve fund grants.--The Fund shall make grants to community development financial institutions or to any partnership between such community development financial institutions and any other federally insured depository institution with a primary mission to serve targeted investment areas, as such areas are defined under section 103(16), to enable such institutions or any partnership of such institutions to establish a loan-loss reserve fund in order to defray the costs of a small dollar loan program established or maintained by such institution. ``(2) Matching requirement.--A community development financial institution or any partnership of institutions established pursuant to paragraph (1) shall provide non-Federal matching funds in an amount equal to 50 percent of the amount of any grant received under this section. ``(3) Use of funds.--Any grant amounts received by a community development financial institutions or any partnership between or among such institutions under paragraph (1)-- ``(A) may not be used by such institution to provide direct loans to consumers; ``(B) may be used by such institution to help recapture a portion or all of a defaulted loan made under the small dollar loan program of such institution; and ``(C) may be used to designate and utilize a fiscal agent for services normally provided by such an agent. ``(4) Technical assistance grants.--The Fund shall make technical assistance grants to community development financial institutions or any partnership between or among such institutions to support and maintain a small dollar loan program. Any grant amounts received under this paragraph may be used for technology, staff support, and other costs associated with establishing a small dollar loan program. ``(c) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis.--The term `consumer reporting agency that compiles and maintains files on consumers on a nationwide basis' has the same meaning given such term in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)). ``(2) Small dollar loan program.--The term `small dollar loan program' means a loan program under which a community development financial institution or any partnership between or among any such institutions offers loans to consumers that-- ``(A) are made in amounts not exceeding $2,500; ``(B) must be repaid in installments; ``(C) have no pre-payment penalty; ``(D) the institution has to report payments regarding the loan to at least 1 of the consumer reporting agencies that compiles and maintains files on consumers on a nationwide basis; and ``(E) meet any other affordability requirements as may be established by the Administrator. ``(d) Report to Congress.--Before the end of the 1-year period beginning on the date of the enactment of the Safe Affordable Small Dollar Loan Act of 2010, and each year thereafter, the Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report describing-- ``(1) the activities carried out by the Fund pursuant to this section; and ``(2) any measurable results, as appropriate and available, related to the achievement of the purposes of this section as described in subsection (a). ``(e) Authorization of Appropriations.-- ``(1) Grant program.--There are authorized to be appropriated for fiscal years 2010 through 2015 such sums as may be necessary to carry out the grant program established under this section. ``(2) Administrative expenses.--There is authorized to be appropriated to the Fund for each fiscal year beginning in fiscal year 2010, an amount equal to the amount of the administrative costs of the Fund for the operation of the grant program established under this section.''.

Safe Affordable Small Dollar Loan Act of 2010 - Amends the Community Development Banking and Financial Institutions Act of 1994 to require the Community Development Financial Institutions Fund to make grants to community development financial institutions or to any related partnership in order to enable such institutions to establish a loan-loss reserve fund to defray the costs of a small dollar loan program. Requires a community development financial institution to provide non-federal matching funds equal to 50% of the amount of any grant received. Prohibits the use of such grants to make direct loans to consumers. Permits a community development financial institution to use such a grant to: (1) help recapture a portion or all of a defaulted loan made under its small dollar loan program; and (2) designate and utilize a fiscal agent for services the agent normally provides. Requires the Fund to make technical assistance grants to community development financial institutions to support and maintain a small dollar loan program.

To amend the Community Development Banking and Financial Institutions Act of 1994 to provide financial assistance to community development financial institutions to help defray the costs of operating small dollar loan programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Ownership and Equity Protection Act of 1993''. SEC. 2. CONSUMER PROTECTIONS FOR HIGH COST MORTGAGES. (a) Definition.--Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended-- (1) by inserting after subsection (u) the following new subsection: ``(v) The term `high cost mortgage' means a consumer credit transaction, other than a residential mortgage transaction or a transaction under an open-end credit plan, that is secured by a consumer's principal dwelling and that satisfies at least 1 of the following conditions: ``(1) The annual percentage rate at the time the loan is originated will exceed by more than 10 percentage points the yield on Treasury securities having comparable maturities, as determined by the Board. In the case of a variable rate loan with an initial interest rate that may be different than the rate or rates that will apply during subsequent periods, the annual percentage rate shall be computed taking into account the subsequent rates. ``(2) Based on information provided by the consumer, the consumer's total monthly debt payments will exceed 60 percent of the consumer's monthly gross income, immediately after the loan is consummated. The Board may establish a different debt to income ratio if the Board determines that such a ratio is in the public interest and is consistent with the purposes of this Act. ``(3) All points and fees payable at or before closing will exceed 8 percent of the total loan amount.''; and (2) by redesignating subsections (v), (w), (x), (y), and (z) as (w), (x), (y), (z), and (aa), respectively. (b) Material Disclosures.--Section 103(u) of the Truth in Lending Act (15 U.S.C. 1602(u)) is amended by striking ``and the due dates or periods of payments scheduled to repay the indebtedness.'' and inserting ``the due dates or periods of payments scheduled to repay the indebtedness, and the disclosures for high cost mortgages required by paragraphs (1) through (6) of section 129(a).''. (c) Definition of Creditor Clarified.--Section 103(f) of the Truth in Lending Act (15 U.S.C. 1602(f)) is amended by adding at the end: ``Notwithstanding the above, any person who originates 2 or more high cost mortgages a year, or who originates a high cost mortgage through a loan broker, is a creditor for the purposes of section 129.''. (d) Disclosures Required and Certain Terms Prohibited.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by adding after section 128 the following new section: ``SEC. 129. REQUIREMENTS FOR HIGH COST MORTGAGES. ``(a) Disclosures.--In addition to any other disclosures required under this title, for each high cost mortgage, the creditor shall provide the following written disclosures in clear language and in conspicuous type size and format, segregated from other information as a separate document: ``(1) The following statement: `If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan.' ``(2) The initial annual percentage rate. ``(3) The consumer's gross monthly cash income, as reported to the creditor by the consumer, the total initial monthly payment, and the amount of funds that will remain to meet other obligations of the consumer. ``(4) In the case of a variable rate loan, a statement that the annual percentage rate and the monthly payment could increase, and the maximum interest rate and payment. ``(5) In the case of a variable rate loan with an initial annual percentage rate that is different than the one which would be applied using the contract index after the initial period, a statement of the period of time the initial rate will be in effect, and the rate or rates that will go into effect after the initial period is over, assuming that current interest rates prevail. ``(6) A statement that the consumer is not required to complete the transaction merely because he or she has received disclosures or signed a loan application. ``(b) Time of Disclosures.--The disclosures required by this section shall be given no later than 3 business days prior to consummation of the transaction. A creditor may not change the terms of the loan after providing the disclosures required by this section. ``(c) No Prepayment Penalty.-- ``(1) In general.--Except as provided in paragraph (4), a high cost mortgage may not contain terms under which a consumer must pay a prepayment penalty for paying all or part of the principal of a high cost mortgage prior to the date on which such balance is due. ``(2) Rebate computation.--For the purposes of this subsection, any method of computing rebates of interest less advantageous to the consumer than the actuarial method using simple interest is deemed a prepayment penalty. ``(3) Certain other fees prohibited.--An agreement to refinance a high cost mortgage by the same creditor or an affiliate of the creditor may not require the consumer to pay points, discount fees, or prepaid finance charges on the portion of the loan refinanced. For the purpose of this paragraph, the term `affiliate' has the same meaning as it does in section 2(k) of the Bank Holding Company Act of 1956. ``(4) Exception.--A high cost mortgage may include terms under which a consumer is required to pay not more than 1 month's interest as a penalty if the consumer prepays the full principal of the loan within 90 days of origination. ``(d) No Balloon Payments.--A high cost mortgage may not include terms under which the aggregate amount of the regular periodic payments would not fully amortize the outstanding principal balance. ``(e) No Negative Amortization.--A high cost mortgage may not include terms under which the outstanding principal balance will increase over the course of the loan. ``(f) No Prepaid Payments.--A high cost mortgage may not include terms under which more than 2 periodic payments required under the loan are consolidated and paid in advance from the loan proceeds provided to the consumer.''. (e) Conforming Amendment.--The table of sections at the beginning of chapter 2 of the Truth in Lending Act is amended by striking the item relating to section 129 and inserting the following: ``129. Disclosure requirements for high cost mortgages.''. SEC. 3. CIVIL LIABILITY. (a) Damages.--Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended-- (1) by striking ``and'' at the end of paragraph (2)(B); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by inserting after paragraph (3) the following new paragraph: ``(4) in case of a failure to comply with any requirement under section 129, all finance charges and fees paid by the consumer.''. (b) State Attorney General Enforcement.--Section 130(e) of the Truth in Lending Act (15 U.S.C. 1640(e)) is amended by adding at the end the following: ``An action to enforce a violation of section 129 may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction, within 5 years from the date on which the violation occurs.''. (c) Assignee Liability.--Section 131 of the Truth in Lending Act is amended by adding at the end the following new subsection: ``(d) High Cost Mortgages.--If a creditor fails to comply with any of the requirements of section 129 in connection with any high cost mortgage, any assignee shall be subject to all claims and defenses that the consumer could assert against the creditor. Recovery under this subsection shall be limited to the total amount paid by the consumer in connection with the transaction.''. SEC. 4. EFFECTIVE DATE. This Act shall be effective 60 days after the promulgation of regulations by the Board of Governors of the Federal Reserve System, which shall occur not later than 180 days following the date of enactment of this Act.

Home Ownership and Equity Protection Act of 1993 - Amends the Truth in Lending Act to require the creditor of each high cost mortgage to provide certain clearly written, conspicuous disclosures regarding the risks associated with such mortgages. Prohibits such mortgages from containing: (1) a prepayment penalty for paying all or part of the principal prior to the date on which such balance is due; (2) certain refinancing fees; (3) balloon payments; (4) negative amortization; and (5) certain prepaid payments. Includes within the creditor's liability for damages for noncompliance with this Act all finance charges and fees paid by the consumer. Empowers the appropriate State attorney general to bring an action to enforce this Act. Subjects an assignee of a high cost mortgage to all the claims and defenses that the consumer could assert against the creditor.

Home Ownership and Equity Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Market Energy Act of 2015''. SEC. 2. FINDINGS. Congress finds that it is in the public interest-- (1) to enhance personal freedom and national security by reinforcing the right to sovereignty over personal energy choices; and (2) to enhance the diversity of the electricity supply and energy independence of the United States by ensuring that there is a free market for distributed energy resources by providing for the nondiscriminatory interconnection of distributed energy resources. SEC. 3. DEFINITION OF DISTRIBUTED ENERGY RESOURCE. Section 3 of the Federal Power Act (16 U.S.C. 796) is amended by adding at the end the following: ``(30) Distributed energy resource.--The term `distributed energy resource' is a resource on the electricity distribution system that includes-- ``(A) distributed fossil generation; ``(B) renewable generation (including biomass, solar photovoltaics, geothermal, and hydropower); ``(C) fuel cells; ``(D) combined heat and power systems; ``(E) energy storage; ``(F) demand response; ``(G) efficiency resources; ``(H) microgrids; and ``(I) any combination of the resources described in this paragraph.''. SEC. 4. GENERAL RIGHT TO NEUTRALITY OF INTERCONNECTION. The Public Utility Regulatory Policies Act of 1978 is amended by inserting after section 4 (16 U.S.C. 2603) the following: ``SEC. 5. GENERAL RIGHT TO NEUTRALITY OF INTERCONNECTION. ``(a) In General.--Distributed energy resources (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) shall have a general right of interconnection under this Act. ``(b) Rates and Fees.--All rates and fees for interconnection of distributed energy resources under this Act, regardless of whether the distributed energy resource is a qualifying facility, shall-- ``(1) be just and reasonable; ``(2) provide for the 2-way benefit for the distributed energy resource and the electricity grid; ``(3) shall not exceed the actual cost of service; and ``(4) shall not be punitive. ``(c) Timeframes.--Timeframes for interconnection of distributed energy resources under this Act, regardless of whether the distributed energy resource is a qualifying facility, shall be well-defined, expeditious, and not unduly protracted.''. SEC. 5. ENERGY AND RATE TREATMENTS FOR DISTRIBUTED ENERGY RESOURCES. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following: ``(20) Distributed energy resources.--Each State regulatory authority shall consider requiring that distributed energy resources (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) be eligible to receive just and reasonable energy and rate treatment for-- ``(A) time-of-use pricing, which may account for locational benefit, to be provided on an unbundled basis, after accounting for the 2-way valuation of time-of-use rates, and progressing to real-time pricing, for-- ``(i) energy sold to an electric utility; and ``(ii) energy purchased from an electric utility; ``(B) capacity; ``(C) energy conservation; ``(D) demand-side management or demand response; ``(E) peak monthly demand; ``(F) the provision of ancillary services; ``(G) the societal value of distributed energy resources; and ``(H) any other benefits that the State regulatory authority considers to be appropriate.''. SEC. 6. QUALIFYING FACILITY; IMPROVED INTERCONNECTION STANDARDS FOR DISTRIBUTED ENERGY RESOURCES. (a) Definition of Qualifying Facilities.--Section 3 of the Federal Power Act (16 U.S.C. 796) is amended-- (1) in paragraph (17)(C)-- (A) by indenting appropriately; and (B) by inserting ``(including a distributed energy resource in any State in which a State regulatory authority or nonregulated electric utility determines not to establish standards in accordance with paragraph (20) of section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)))'' before ``that the Commission determines''; and (2) in paragraph (18)(B)-- (A) by indenting appropriately; and (B) by inserting ``(including a distributed energy resource in any State in which a State regulatory authority or nonregulated electric utility determines not to establish standards in accordance with paragraph (20) of section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)))'' before ``that the Commission determines''. (b) Improved Interconnection Standards for Distributed Energy Resources.--Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 5) is amended by adding at the end the following: ``(21) Improved interconnections standards for distributed energy resources.--Each State regulatory authority or nonregulated electric utility, acting under State authority in a State that has determined not to establish standards under paragraph (20), shall consider-- ``(A) setting rates that exceed the incremental cost of alternative electric energy for purchases from any distributed energy resource (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) that is a qualifying facility for electricity generated, demand reduced, or service provided by the qualifying facility interconnected under this Act, with-- ``(i) the rates to be established at the full retail rate; and ``(ii) fixed monthly charges for residential electricity bills to be established at a charge of not more than 10 dollars per month, with optional reevaluations of the amount of charge to be considered on a periodic basis; ``(B) making any distributed energy resource project exempt from filing requirements with the Commission; ``(C) ensuring that any requirements considered under this paragraph would not affect the purchase obligation under section 210 for distributed energy resource facilities; and ``(D) requiring that all rates and fees for interconnection of distributed generation facilities-- ``(i) shall be just and reasonable; ``(ii) shall provide for the benefit of the distributed energy resource to the electricity grid and benefit of the electricity grid to the distributed energy resource; and ``(iii) not exceed the actual cost of service.''. SEC. 7. DESIGNATION OF SMART GRID COORDINATOR OR DISTRIBUTION SYSTEM OPERATOR. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 6(b)) is amended by adding at the end the following: ``(22) Designation of smart grid coordinator or distribution system operator.--Each State regulatory authority shall consider designating, through a competitive process, a regulated utility, other party, or a combination of regulated utilities and other parties to be a smart grid coordinator or distribution system operator for the State.''. SEC. 8. CONSIDERATION OF NONTRANSMISSION ALTERNATIVES. Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 7) is amended by adding at the end the following: ``(23) Nontransmission alternatives.-- ``(A) In general.--Each State regulatory authority shall consider nontransmission alternatives in instances in which a regulated utility proposes transmission projects. ``(B) Cost.--To reduce the cost to the ratepayer of a potential transmission upgrade, a nontransmission alternative considered under subparagraph (A), shall receive the avoided cost of the transmission upgrade, minus a reasonable discount, as determined by the State regulatory authority. ``(C) Recovery.--If a nontransmission alternative proposed under subparagraph (A) obviates the need for a reliability-based transmission upgrade, the cost of the nontransmission alternative shall be recovered from the ratebase in the same manner as the transmission upgrade would have been.''. SEC. 9. COMPLIANCE. (a) Time Limitations.--Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following: ``(7)(A) Not later than 1 year after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) and each nonregulated utility shall, with respect to the standards established by paragraphs (20), (22), and (23) of section 111(d)-- ``(i) commence the consideration required under those paragraphs; or ``(ii) set a hearing date for the consideration. ``(B) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) and each nonregulated electric utility, shall, with respect to the standards established by paragraphs (20), (22), and (23) of section 111(d)-- ``(i) complete the consideration under subparagraph (A); and ``(ii) make the determination referred to in section 111 with respect to the standards established by those paragraphs. ``(8)(A) Not later than 2 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) and each nonregulated utility shall, with respect to the standards established by section 111(d)(21)-- ``(i) commence the consideration required under that paragraph; or ``(ii) set a hearing date for the consideration. ``(B) Not later than 3 years after the date of enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which the authority has ratemaking authority) and each nonregulated electric utility, shall, with respect to the standards established by section 111(d)(21)-- ``(i) complete the consideration required under that paragraph; and ``(ii) make the determination referred to in section 111 with respect to the standards established by section 111(d)(21).''. (b) Failure To Comply.--Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by adding at the end the following: ``(1) In the case of the standards established by paragraphs (20) through (23) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of those paragraphs.''. (c) Prior State Actions.-- (1) In general.--Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following: ``(g) Prior State Actions.--Subsections (b) and (c) shall not apply to a standard established under paragraphs (20) through (23) of section 111(d) in the case of any electric utility in a State if, before the date of enactment of this subsection-- ``(1) the State has implemented for the electric utility the standard (or a comparable standard); ``(2) the State regulatory authority for the State, or the relevant nonregulated electric utility, has conducted a proceeding to consider implementation of the standard (or a comparable standard) for the electric utility; or ``(3) the State legislature has voted on the implementation of the standard (or a comparable standard) for the electric utility.''. (2) Cross-reference.--Section 124 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is amended by adding at the end the following: ``In the case of each standard established under paragraphs (20) through (23) of section 111(d), the reference contained in this subsection to the date of enactment of this Act shall be deemed to be a reference to the date of enactment of those paragraphs.''. SEC. 10. EFFECT OF ACT. Nothing in this Act (or an amendment made by this Act) shall apply to distributed energy resource contracts in effect on the date of enactment of this Act.

Free Market Energy Act of 2015 This bill amends the Federal Power Act to identify the elements of a distributed energy resource, including fuel cells, microgrids, and combined heat and power systems. Distributed energy resources shall have a general right of interconnection under the Public Utility Regulatory Policies Act of 1978 (PURPA), and all rates and fees for interconnection shall provide for the two-way benefit for the distributed energy resource and the electricity grid. Each state regulatory authority shall consider requiring that distributed energy resources be eligible to receive just and reasonable energy and rate treatment for time-of-use pricing and other specified features and values. A state regulatory authority or nonregulated electric utility acting under state authority must consider specified interconnections standards that include: setting rates that exceed the incremental cost of alternative electric energy for purchases from any distributed energy resource that is a qualifying facility for electricity generated, demand reduced, or service provided by the qualifying facility interconnected under this Act; and making any distributed energy resource project exempt from filing requirements with the Federal Energy Regulatory Commission (FERC). A state regulatory authority must also consider: designation, through a competitive process, of a regulated utility, other party, or a combination of regulated utilities and other parties to be a smart grid coordinator or distribution system operator for the state; and nontransmission alternatives when a regulated utility proposes transmission projects.

Free Market Energy Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Retirees' Health Care Protection Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Career uniformed service members and their families endured unique and extraordinary demands and sacrifices over the course of a 20- to 30-year career in protecting freedoms for all Americans. (2) The extent of these demands and sacrifices are never so evident as in wartime--not only in today's Global War on Terrorism, but also over the last six decades of hot and cold wars when today's retired service members were on continuous call to enter into harm's way when and as needed. (3) The demands and sacrifices are such that few Americans are willing to accept them for a multi-decade career. (4) The primary offset for enduring the extraordinary sacrifices inherent in a military career is a system of extraordinary retirement benefits, including health care coverage considerably better than that afforded civilian workers, that a grateful Nation provides for those who choose to subordinate much of their personal life to the national interest for so many years. (5) Many private sector firms are curtailing health benefits and shifting significantly higher costs to their employees. (6) One effect of such curtailment is that retired members who work for such employers are turning to use of the TRICARE coverage they earned by their military service. (7) In some cases, civilian employers establish financial incentives for TRICARE-eligible employees to use TRICARE rather than the civilian employers' coverage. (8) While the Department of Defense has made some efforts to constrain TRICARE program costs, a large part of the Department's effort is to shift a larger share of cost burdens to retired service members. (9) The cumulative increases in enrollment fees, deductibles, and co-payments being proposed by the Department of Defense far exceed the 31-percent growth in military retired pay since the retired members' fees were established 10 years ago. (10) The beneficiary cost increases being proposed by the Department of Defense fail to recognize adequately that career service members paid enormous in-kind premiums through their extended service and sacrifice. (11) A significant share of the Nation's health care providers refuse to accept new TRICARE patients because TRICARE pays them significantly less than commercial insurance programs and imposes unique administrative requirements. (12) The significant majority of the savings the Department of Defense associates with the proposed fee increases is expected to come from deterring a large portion of TRICARE beneficiaries from using their earned military health benefits. (13) The Department of Defense has chosen to count the accrual deposit to the Department of Defense Medicare-Eligible Retiree Health Care Fund against the Department of Defense's budget, contrary to the amendments made by section 725 of Public Law 108-375. (14) Department of Defense leaders have reported to Congress that counting such deposits against the Department of Defense's budget is impinging on other readiness needs, including weapons programs--an inappropriate situation which section 725 of Public Law 108-375 was intended expressly to prevent. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Department of Defense and the Nation have a committed health benefits obligation to retired uniformed service members that exceeds the obligation of corporate employers to civilian employees; and (2) the Department of Defense has many additional options to constrain the growth of health care spending in ways that do not disadvantage beneficiaries and should pursue any and all such options rather than seeking large fee increases for beneficiaries. SEC. 3. PROHIBITION ON INCREASES IN CERTAIN HEALTH COSTS FOR MEMBERS OF THE UNIFORMED SERVICES. (a) Prohibition on Increase in Charges Under Contracts for Medical Care.--Section 1097(e) of title 10, United States Code, is amended by adding at the end the following: ``A premium, deductible, copayment, or other charge prescribed by the Secretary under this subsection may not be increased after December 31, 2005.''. (b) Prohibition on Increase in Amount of Cost Sharing Requirement Under Pharmacy Benefits Program.--Section 1074g of title 10, United States Code, is amended by adding at the end of subsection (a)(6)(A) the following: ``After December 31, 2005, the dollar amount of a cost sharing requirement (whether established as a percentage or a fixed dollar amount) may not be increased.''. (c) Prohibition on Increase in Charges for Inpatient Care.--Section 1086(b)(3) of title 10, United States Code, is amended by inserting after ``charges for inpatient care'' the following: ``, except that in no case may the charges for inpatient care for a patient exceed $535 per day.''. (d) Prohibition on Increase in Premiums Under TRICARE Coverage for Certain Members in the Selected Reserve.--Section 1076d(d)(3) of title 10, United States Code, is amended by adding at the end the following: ``After December 31, 2005, the monthly amount of the premium may not be increased above the amount in effect for the month of December 2005.''.

Military Retirees' Health Care Protection Act - Expresses the sense of Congress that: (1) the Department of Defense (DOD) and the nation have a committed health benefits obligation to retired military personnel that exceeds the obligation of corporate employers to civilian employees; and (2) DOD has many additional options to constrain the growth of health care spending in ways that do not disadvantage beneficiaries, and should pursue such options rather than seeking large fee increases for beneficiaries. Prohibits an increase after December 31, 2005, in: (1) a premium, deductible, copayment, or other charge prescribed by the Secretary of Defense for medical and dental health care coverage for military personnel; and (2) the dollar amount of a cost-sharing requirement under the DOD pharmacy benefits program. Prohibits: (1) charges for DOD inpatient care from exceeding $535 per day; and (2) after December 31, 2005, an increase in premiums under TRICARE (a DOD managed health care program) for certain members of the Selected Reserve.

To amend title 10, United States Code, to prohibit increases in fees for military health care.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Hospital Relief Act of 1999''. SEC. 2. ELIMINATING UNINTENDED REDUCTION IN CONVERSION FACTOR FOR MEDICARE OPD PPS. (a) Calculation of Base Amounts.--Section 1833(t)(3)(A)(ii) of the Social Security Act (42 U.S.C. 1395l(t)(3)(A)(ii)) is amended-- (1) by striking ``copayments estimated to be paid under this subsection'' and inserting ``coinsurance that would be paid under this part'';and (2) by striking ``1999,'' and inserting ``1999 if this subsection did not apply and''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the provision of the Balanced Budget Act of 1997 to which the amendment relates at the time such provision became law. SEC. 3. LIMITING REDUCTIONS IN FEDERAL PAYMENTS UNDER OPD PPS. (a) In General.--Section 4523 of the Balanced Budget Act of 1997 is amended by adding at the end the following: ``(e) Temporary Limit on Reductions in Federal Payments.-- ``(1) In general.--Notwithstanding section 1833(t) of the Social Security Act (42 U.S.C. 1395l(t)), as added by subsection (a), the amount that is paid from the Federal Supplementary Medical Insurance Trust Fund for covered OPD Services furnished by a hospital in a rural area during a calendar year (or portion thereof) specified in paragraph (2)(A) may not be less than the applicable percentage of the case mix adjusted average amount that would have been payable to such hospital for such services (including cost-sharing) if the prospective payment system established under such section did not apply. Such average amount may be determined on a prospective basis using the Secretary's best estimate of the reasonable costs incurred in furnishing covered OPD services or on a retrospective basis using cost reports submitted by such a hospital. ``(2) Definitions.--For purposes of paragraph (1)-- ``(A) subject to paragraph (3), the term `applicable percentage' means-- ``(i) with respect to covered OPD services furnished during the first full calendar year (and any portion of the immediately preceding calendar year) for which the prospective payment system established under section 1833(t) of such Act is in effect-- ``(I) 100 percent for hospitals in rural areas with less than 50 beds; and ``(II) 95 percent for hospitals not described in subclause (I); ``(ii) with respect to the second full calendar year for which such system is in effect-- ``(I) 98 percent for hospitals in rural areas with less than 50 beds; and ``(II) 90 percent for hospitals not described in subclause (I); ``(iii) with respect to the third full calendar year for which such system is in effect-- ``(I) 95 percent for hospitals in rural areas with less than 50 beds; and ``(II) 85 percent for hospitals not described in subclause (I); and ``(B) the term `covered OPD services' has the meaning given that term in section 1833(t)(1)(B) of such Act. ``(3) Application to certain hospitals.--In the case of hospitals described in section 1833(t)(8) of such Act, the `applicable percentage' for a calendar year (or portion thereof) shall be the same applicable percentage that applies to covered OPD services furnished by hospitals that are not described in such section during such calendar year (or portion thereof). ``(4) Rule of construction.--Nothing in this subsection shall be construed as affecting the amount of cost-sharing paid by individuals enrolled under part B of title XVIII of the Social Security Act for covered OPD services.''. (b) Conforming Amendment.--Section 1833(t)(1)(A) of the Social Security Act (42 U.S.C. 1395l(t)(1)(A)) is amended by inserting ``except as provided in section 4523(e) of the Balanced Budget Act of 1997,'' after ``1999,''. (c) Effective Date.--The amendments made by this section shall become effective as if included in the enactment of the Balanced Budget Act of 1997. SEC. 4. EXCLUDING CERTAIN AMBULANCE SERVICES FROM SNF PPS. (a) In General.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``ambulance and transport services furnished to patients requiring outpatient dialysis services,'' after ``section 1861(s)(2),''. (b) Effective Date.--The amendment made by subsection (a) shall apply to services furnished on or after January 1, 2000. SEC. 5. STANDARDS FOR, AND TREATMENT OF, CRITICAL ACCESS HOSPITALS. (a) In General.-- (1) Limitations on beds and los.--Section 1820(c)(2)(B)(iii) of the Social Security Act (42 U.S.C. 1395i- 4(c)(2)(B)(iii)) is amended by striking ``to exceed 96 hours'' and inserting ``to exceed, on average, 96 hours per patient''. (2) Payment.-- (A) Part a.--Section 1814(l) of the Social Security Act (42 U.S.C. 1395f(l) is amended by adding at the end the following: ``In the case of a critical access hospital that is located in a health professional shortage area, the amount otherwise payable under the preceding sentence shall be increased by 5 percentage points.''. (B) Part b.--Section 1834(g) of the Social Security Act (42 U.S.C. 1395m(g)) is amended by adding at the end the following: ``In the case of a critical access hospital that is located in a health professional shortage area, the amount otherwise payable under the preceding sentence shall be increased by 5 percentage points.''. (3) Permitting maintenance of distinct part geriatric psychiatric unit.--Section 1820(f) of the Social Security Act (42 U.S.C. 1395i-4(f)) is amended-- (A) by inserting ``and certain distinct part units'' after ``swing beds''; (B) by inserting ``(1)'' after ``beds.--'', and (C) by adding at the end the following: ``(2) Nothing in this section shall be construed to prohibit a State from designating or the Secretary from certifying a facility as a critical access hospital solely because the facility maintains a distinct part psychiatric unit for geriatric patients.''. (b) Criteria for Designation.--Section 1820(c)(2)(B)(i) of the Social Security Act (42 U.S.C. 1395i-4(c)(2)(B)(i)) is amended by striking ``is a'' and all that follows through ``hospital and''. (c) Effective Date.--The amendments made by this section shall apply to services furnished on or after October 1, 1999. SEC. 6. EXCLUSION OF SWING-BED DAYS FROM SNF PPS. (a) Exclusion From SNF PPS.--Section 1888(e)(7) of the Social Security Act (42 U.S.C. 1395yy(e)(7)) is amended to read as follows: ``(7) Exclusion.--The prospective payment system established under this subsection shall not apply to services provided by a hospital under an agreement described in section 1883.''. (b) Effective Date.--The amendments made by this section shall apply to services furnished on or after October 1, 1999. SEC. 7. RESTORATION OF MEDICARE PAYMENTS FOR BAD DEBT. (a) In General.--Section 1861(v)(1)(T)(iii) of the Social Security Act (42 U.S.C. 1395x(v)(1)(T)(iii)) is amended by striking ``45'' and inserting ``10''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the provision of the Balanced Budget Act of 1997 to which the amendment relates at the time such provision became law. SEC. 8. TEMPORARY EXEMPTION OF RURAL HEALTH CLINICS FROM PRODUCTIVITY STANDARDS. (a) In General.--Section 1833(f) of the Social Security Act (42 U.S.C. 1395l(f)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(f)''; and (3) by adding at the end the following: ``(2) The Secretary may not apply productivity guidelines in determining the reasonable costs of rural health clinics for services furnished in calendar year 1998, 1999, 2000, or 2001.''. SEC. 9. INFLATION UPDATES FOR RURAL PROVIDERS. (a) Hospitals.-- (1) PPS.--Subclauses (XV) and (XVI) of section 1886(b)(3)(B)(i) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(i)) are each amended by striking ``all areas'' and inserting ``urban areas, and the market basket percentage increase for hospitals in rural areas''. (2) PPS-exempt.--Section 1886(b)(3) (B)(ii)(VII) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(ii)(VlI)) is amended to read as follows: ``(VII) for fiscal years 1999 through 2002, is the market basket percentage increase for hospitals in rural areas, and the applicable update factor specified under clause (vi) for the fiscal year for hospitals in urban areas; and''. (b) Skilled Nursing Facilities.--Subclauses (I) and (II) of section 1888(e)(4)(E)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(4)(E)(ii)) are each amended by inserting ``for skilled nursing facilities in urban areas, and by the skilled nursing facility market basket percentage change for such year for skilled nursing facilities in rural areas'' after ``point''. SEC. 10. EMERGENCY REQUIREMENT. The entire amount necessary to carry out this Act and the amendments made by this Act shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, is transmitted by the President to the Congress: Provided, That the entire amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of such Act.

Amends the Balanced Budget Act of 1997 to establish a temporary limit on reductions in Federal payments for covered OPD services furnished by a hospital in a rural area during a calendar year. Provides that the entire amount necessary to carry out this Act and the amendments made by it shall be available only to the extent that an official budget request for the entire amount, that includes designation of the entire amount of the request as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm- Rudman-Hollings Act), as amended, is transmitted by the President to Congress, if that entire amount is designated by Congress as an emergency requirement.

Rural Hospital Relief Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Registered Nurse Safe Staffing Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) There are hospitals throughout the United States that have inadequate staffing of registered nurses to protect the well-being and health of the patients. (2) Studies show that the health of patients in hospitals is directly proportionate to the number of registered nurses working in the hospital. (3) There is a critical shortage of registered nurses in the United States. (4) The effect of that shortage is revealed in unsafe staffing levels in hospitals. (5) Patient safety is adversely affected by these unsafe staffing levels, creating a public health crisis. (6) Registered nurses are being required to perform professional services under conditions that do not support quality health care or a healthful work environment for registered nurses. (7) As a payer for inpatient and outpatient hospital services for individuals entitled to benefits under the medicare program established under title XVIII of the Social Security Act, the Federal Government has a compelling interest in promoting the safety of such individuals by requiring any hospital participating in such program to establish minimum safe staffing levels for registered nurses. SEC. 3. ESTABLISHMENT OF MINIMUM STAFFING RATIOS BY MEDICARE PARTICIPATING HOSPITALS. (a) Requirement of Medicare Provider Agreement.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (1) in subparagraph (R), by striking ``and'' after the comma at the end; (2) in subparagraph (S), by striking the period at the end and inserting ``, and''; and (3) by inserting after subparagraph (S) the following new subparagraph: ``(T) in the case of a hospital, to meet the requirements of section 1889.''. (b) Requirements.--Part D of title XVIII of the Social Security Act is amended by inserting after section 1888 the following new section: ``staffing requirements for medicare participating hospitals ``Sec. 1889. (a) Establishment of Staffing System.-- ``(1) In general.--Each participating hospital shall adopt and implement a staffing system that ensures a number of registered nurses on each shift and in each unit of the hospital to ensure appropriate staffing levels for patient care. ``(2) Staffing system requirements.--Subject to paragraph (3), a staffing system adopted and implemented under this section shall-- ``(A) be based upon input from the direct care- giving registered nurse staff or their exclusive representatives, as well as the chief nurse executive; ``(B) be based upon the number of patients and the level and variability of intensity of care to be provided, with appropriate consideration given to admissions, discharges, and transfers during each shift; ``(C) account for contextual issues affecting staffing and the delivery of care, including architecture and geography of the environment and available technology; ``(D) reflect the level of preparation and experience of those providing care; ``(E) account for staffing level effectiveness or deficiencies in related health care classifications, including but not limited to, certified nurse assistants, licensed vocational nurses, licensed psychiatric technicians, nursing assistants, aides, and orderlies; ``(F) reflect staffing levels recommended by specialty nursing organizations; ``(G) establish upwardly adjustable registered nurse-to-patient ratios based upon registered nurses' assessment of patient acuity and existing conditions; ``(H) provide that a registered nurse shall not be assigned to work in a particular unit without first having established the ability to provide professional care in such unit; and ``(I) be based on methods that assure validity and reliability. ``(3) Limitation.--A staffing system adopted and implemented under paragraph (1) may not-- ``(A) set registered-nurse levels below those required by any Federal or State law or regulation; or ``(B) utilize any minimum registered nurse-to- patient ratio established pursuant to paragraph (2)(G) as an upper limit on the staffing of the hospital to which such ratio applies. ``(b) Reporting, and Release to Public, of Certain Staffing Information.-- ``(1) Requirements for hospitals.--Each participating hospital shall-- ``(A) post daily for each shift, in a clearly visible place, a document that specifies in a uniform manner (as prescribed by the Secretary) the current number of licensed and unlicensed nursing staff directly responsible for patient care in each unit of the hospital, identifying specifically the number of registered nurses; ``(B) upon request, make available to the public-- ``(i) the nursing staff information described in subparagraph (A); and ``(ii) a detailed written description of the staffing system established by the hospital pursuant to subsection (a); and ``(C) submit to the Secretary in a uniform manner (as prescribed by the Secretary) the nursing staff information described in subparagraph (A) through electronic data submission not less frequently than quarterly. ``(2) Secretarial responsibilities.--The Secretary shall-- ``(A) make the information submitted pursuant to paragraph (1)(C) publicly available, including by publication of such information on the Internet site of the Department of Health and Human Services; and ``(B) provide for the auditing of such information for accuracy as a part of the process of determining whether an institution is a hospital for purposes of this title. ``(c) Recordkeeping; Data Collection; Evaluation.-- ``(1) Recordkeeping.--Each participating hospital shall maintain for a period of at least 3 years (or, if longer, until the conclusion of pending enforcement activities) such records as the Secretary deems necessary to determine whether the hospital has adopted and implemented a staffing system pursuant to subsection (a). ``(2) Data collection on certain outcomes.--The Secretary shall require the collection, maintenance, and submission of data by each participating hospital sufficient to establish the link between the staffing system established pursuant to subsection (a) and-- ``(A) patient acuity from maintenance of acuity data through entries on patients' charts; ``(B) patient outcomes that are nursing sensitive, such as patient falls, adverse drug events, injuries to patients, skin breakdown, pneumonia, infection rates, upper gastrointestinal bleeding, shock, cardiac arrest, length of stay, and patient readmissions; ``(C) operational outcomes, such as work-related injury or illness, vacancy and turnover rates, nursing care hours per patient day, on-call use, overtime rates, and needle-stick injuries; and ``(D) patient complaints related to staffing levels. ``(3) Evaluation.--Each participating hospital shall annually evaluate its staffing system and establish minimum registered nurse staffing ratios to assure ongoing reliability and validity of the system and ratios. The evaluation shall be conducted by a joint management-staff committee comprised of at least 50 percent of registered nurses who provide direct patient care. ``(d) Enforcement.-- ``(1) Responsibility.--The Secretary shall enforce the requirements and prohibitions of this section in accordance with the succeeding provision of this subsection. ``(2) Procedures for receiving and investigating complaints.--The Secretary shall establish procedures under which-- ``(A) any person may file a complaint that a participating hospital has violated a requirement or a prohibition of this section; and ``(B) such complaints are investigated by the Secretary. ``(3) Remedies.--If the Secretary determines that a participating hospital has violated a requirement of this section, the Secretary-- ``(A) shall require the facility to establish a corrective action plan to prevent the recurrence of such violation; and ``(B) may impose civil money penalties under paragraph (4). ``(4) Civil money penalties.-- ``(A) In general.--In addition to any other penalties prescribed by law, the Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of a requirement of this section, except that the Secretary shall impose a civil money penalty of more than $10,000 for each such violation in the case of a participating hospital that the Secretary determines has a pattern or practice of such violations (with the amount of such additional penalties being determined in accordance with a schedule or methodology specified in regulations). ``(B) Procedures.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A. ``(C) Public notice of violations.-- ``(i) Internet site.--The Secretary shall publish on the Internet site of the Department of Health and Human Services the names of participating hospitals on which civil money penalties have been imposed under this section, the violation for which the penalty was imposed, and such additional information as the Secretary determines appropriate. ``(ii) Change of ownership.--With respect to a participating hospital that had a change in ownership, as determined by the Secretary, penalties imposed on the hospital while under previous ownership shall no longer be published by the Secretary of such Internet site after the 1-year period beginning on the date of change in ownership. ``(e) Whistleblower Protections.-- ``(1) Prohibition of discrimination and retaliation.--A participating hospital shall not discriminate or retaliate in any manner against any patient or employee of the hospital because that patient or employee, or any other person, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any kind, relating to the staffing system or other requirements and prohibitions of this section. ``(2) Relief for prevailing employees.--An employee of a participating hospital who has been discriminated or retaliated against in employment in violation of this subsection may initiate judicial action in a United States district court and shall be entitled to reinstatement, reimbursement for lost wages, and work benefits caused by the unlawful acts of the employing hospital. Prevailing employees are entitled to reasonable attorney's fees and costs associated with pursuing the case. ``(3) Relief for prevailing patients.--A patient who has been discriminated or retaliated against in violation of this subsection may initiate judicial action in a United States district court. A prevailing patient shall be entitled to liquidated damages of $5,000 for a violation of this statute in addition to any other damages under other applicable statutes, regulations, or common law. Prevailing patients are entitled to reasonable attorney's fees and costs associated with pursuing the case. ``(4) Limitation on actions.--No action may be brought under paragraph (2) or (3) more than 2 years after the discrimination or retaliation with respect to which the action is brought. ``(5) Treatment of adverse employment actions.--For purposes of this subsection-- ``(A) an adverse employment action shall be treated as retaliation or discrimination; and ``(B) the term `adverse employment' action includes-- ``(i) the failure to promote an individual or provide any other employment-related benefit for which the individual would otherwise be eligible; ``(ii) an adverse evaluation or decision made in relation to accreditation, certification, credentialing, or licensing of the individual; and ``(iii) a personnel action that is adverse to the individual concerned. ``(f) Relationship to State Laws.--Nothing in this section shall be construed as exempting or relieving any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful practice under this title. ``(g) Regulations.--The Secretary shall promulgate such regulations as are appropriate and necessary to implement this section. ``(h) Definitions.--In this section: ``(1) Participating hospital.--The term `participating hospital' means a hospital that has entered into a provider agreement under section 1866. ``(2) Registered nurse.--The term `registered nurse' means an individual who has been granted a license to practice as a registered nurse in at least 1 State. ``(3) Unit.--The term `unit' of a hospital is an organizational department or separate geographic area of a hospital, such as a burn unit, a labor and delivery room, a post-anesthesia service area, an emergency department, an operating room, a pediatric unit, a stepdown or intermediate care unit, a specialty care unit, a telemetry unit, a general medical care unit, a subacute care unit, and a transitional inpatient care unit. ``(4) Shift.--The term `shift' means a scheduled set of hours or duty period to be worked at a participating hospital. ``(5) Person.--The term `person' means 1 or more individuals, associations, corporations, unincorporated organizations, or labor unions.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2004.

Registered Nurse Safe Staffing Act of 2003 - Amends part D (Miscellaneous) of title XVIII (Medicare) of the Social Security Act (SSA) to: (1) require each participating hospital to adopt and implement a staffing system that ensures a number of registered nurses on each shift and in each unit of the hospital to ensure appropriate staffing levels for patient care; (2) provide for the reporting and release to the public of certain staffing information, including a daily posting for each shift in the hospital of the current number of licensed and unlicensed nursing staff directly responsible for patient care in each unit of the hospital; (3) set forth recordkeeping, data collection, and evaluation requirements for participating hospitals; (4) provide for enforcement of this Act through civil monetary penalties; and (5) provide whistleblower protections.

A bill to amend title XVIII of the Social Security Act to provide for patient protection by limiting the number of mandatory overtime hours a nurse may be required to work at certain medicare providers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wage Theft Prevention and Community Partnership Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Wage and hour violations are a serious and growing problem for working Americans. (2) According to a study by the Ford, Joyce, Hayne, and Russell Sage Foundations, low-wage workers are routinely denied proper overtime pay and are paid less then the minimum wage, often resulting up to a 15-percent loss in pay. (3) Widespread wage and hour violations place ethical businesses at a competitive disadvantage. (4) Wage and hour violations hurt local economies. State and local governments lose vital tax revenues and spending power when employers do not pay legally required wages and workers receive less than full pay. (5) Women are far more likely to suffer minimum wage violations than men, while minority women suffer such violations at a rate nearly triple the rate that white women suffer such violations. (6) Social service networks are further strained and poverty increases when low-wage workers receive lower wages than what is required by law. (7) The Department of Labor and State departments of labor could more adequately address wage and hour violations with a significant partnership with stakeholders in the community. (8) The Government Accountability Office recommended that the Department of Labor identify ways to leverage its existing tools to better address wage and hour violations by improving services provided through partnerships. SEC. 3. DEFINITIONS. In this Act the following definitions apply: (1) The term ``eligible partner'' means any of the following: (A) A not-for-profit community organization that, in whole or in part, is dedicated to combating poverty and preventing abuse of wage and hour laws. (B) A labor organization as defined in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)). (C) A Joint Labor Management Cooperative Committee established pursuant to section 205A of the Labor Management Relations Act, 1947 (29 U.S.C. 175a). (2) The term ``Secretary'' means the Secretary of Labor. (3) The term ``wage and hour violations'' refers to violations of the Fair Labor Standards Act or the Migrant and Seasonal Agricultural Worker Protection Act, or any regulations issued under either such Act, or violations of any other law enforced by the Wage and Hour Division of the Department of Labor, as the Secretary may determine. SEC. 4. AUTHORIZATION TO CREATE A WAGE THEFT PREVENTION FUND. The Secretary shall establish a Wage Theft Prevention Fund, which shall provide funding for the Wage Theft Prevention and Community Partnership Grants described in section 5. The Secretary may promulgate regulations as necessary to carry out this Act. SEC. 5. WAGE THEFT GRANT PROGRAM. (a) Establishment of Wage Theft Prevention and Community Partnership Grants.--The Secretary is authorized to award grants, on a competitive basis, to eligible partners to-- (1) prevent wage and hour violations by informing workers of their rights and the remedies available to them; and (2) expand and improve cooperative efforts between agencies charged with enforcing wage and hour requirements and employers and their employees. (b) Applications.--An eligible partner seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. An application shall include, at a minimum, the following: (1) A description of the plan for preventing wage and hour violations. (2) A description of the plan for outreach, including a plan for assisting the Department of Labor in communicating with workers. (3) A description of the eligible partner's prior experience in raising awareness about and enforcing wage and hour laws and ensuring that worker rights are respected. (4) Evidence of the community need for this type of work, including prevalence of wage and hour violations in the eligible partner's community or State. (5) A description of any larger working group of organizations, including Federal, State, or local government agencies, and faith-based, labor, community, and business organizations-- (A) of which the eligible partner is a member; or (B) which the eligible partner is proposing to work with in carrying out activities funded by such grant. (c) Duration and Renewal of Grants.-- (1) Initial grant period.--A Wage Theft Prevention and Community Partnerships Grant shall be awarded for an initial grant period of 1 to 3 years. (2) Renewals.--Such grant may be renewed for 2 additional grant periods of the same duration as the initial grant period, if-- (A) the Secretary determines that the funds made available to the recipient were used in a manner required under an approved application; and (B) the recipient can demonstrate significant progress in achieving the objectives of the initial application. (3) Additional grant.--A grant recipient may apply for an additional grant under this section once the recipient's grant renewals with respect to the initial grant have been exhausted. (d) Ineligibility for Grants.--No grant may be awarded under this section to-- (1) an entity that the Secretary determines infringes upon upon the rights guaranteed by section 7 of the National Labor Relations Act (29 U.S.C. 157); or (2) an entity prohibited by section 427 of Public Law 111- 88 from receiving funds appropriated by that Act. (e) Performance Evaluation.--Each program, project, or activity funded under this section shall be subject to monitoring by the Secretary which shall include systematic identification and collection of data about activities, accomplishments, programs, and expenditures throughout the life of the program, project, or activity. (f) Reports to Congress.--For each year in which funding is provided under this section, the Secretary shall submit an annual report to the Congress on the activities carried out by grantees under this section including, at a minimum, information on the following: (1) The activities undertaken by each grantee and any other entity that partnered with the grantee to prevent wage and hour violations by informing workers of their rights and the remedies available to them. (2) The number of workers assisted by each grantee disaggregated by State, age, income, gender, and race. (3) A summary of progress by each grantee in implementing wage theft prevention outreach plans approved by the Secretary. (g) Revocation or Suspension of Funding.--If the Secretary determines, as a result of the reviews required by subsections (e) and (f), or otherwise, that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application submitted under subsection (b), the Secretary may revoke or suspend funding of that grant, in whole or in part. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary to carry out this Act, including administrative costs associated with carrying out this Act, such sums as may be necessary for fiscal years 2010 through 2014, to remain available until expended.

Wage Theft Prevention and Community Partnership Act - Authorizes the Secretary of Labor to award one- to three-year renewable grants, on a competitive basis, to eligible partners to prevent wage and hour violations of the Fair Labor Standards Act, the Migrant and Seasonal Agricultural Worker Protection Act, or any related regulations, or violations of any other law enforced by the Wage and Hour Division of the Department of Labor by: (1) informing workers of their rights and the remedies available to them; and (2) expanding and improving cooperative efforts between agencies charged with enforcing wage and hour requirements and employers and their employees. Makes eligible for such grants such partners as: (1) not-for-profit community organizations dedicated to combating poverty and preventing abuse of wage and hour laws; (2) labor organizations; and (3) Joint Labor Management Cooperative Committees established under the Labor Management Relations Act, 1947. Directs the Secretary to establish a Wage Theft Prevention Fund to fund such grants. Prohibits the award of such a grant to: (1) any entity that infringes upon the organizational and collective bargaining rights guaranteed by the National Labor Relations Act; or (2) the Association of Community Organizations for Reform Now (ACORN) or any of its subsidiaries.

To establish a wage theft prevention grant program in the Department of Labor to prevent wage and hour violations and expand and improve cooperative efforts between enforcement agencies and members of the community.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistance for Unemployed Workers Extension Act''. SEC. 2. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM. (a) In General.--Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 4 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 122 Stat. 5015) and section 2001(a) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 123 Stat. 436), is amended-- (1) by striking ``December 31, 2009'' each place it appears and inserting ``December 31, 2010''; (2) in the heading for subsection (b)(2), by striking ``december 31, 2009'' and inserting ``december 31, 2010''; and (3) in subsection (b)(3), by striking ``May 31, 2010'' and inserting ``May 31, 2011''. (b) Financing Provisions.--Section 4004(e)(1) of such Act, as added by section 2001(b) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 26 U.S.C. 3304 note), is amended by inserting ``and section 2(a) of the Assistance for Unemployed Workers Extension Act'' after ``Act''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Supplemental Appropriations Act, 2008. SEC. 3. EXTENSION OF INCREASE IN UNEMPLOYMENT COMPENSATION BENEFITS. (a) In General.--Section 2002(e) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 123 Stat. 438) is amended-- (1) in paragraph (1)(B), by striking ``January 1, 2010'' and inserting ``January 1, 2011''; (2) in the heading for paragraph (2), by striking ``january 1, 2010'' and inserting ``january 1, 2011''; and (3) in paragraph (3), by striking ``June 30, 2010'' and inserting ``June 30, 2011''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Assistance for Unemployed Workers and Struggling Families Act. SEC. 4. THIRD-TIER BENEFITS. (a) In General.--Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 3 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 122 Stat. 5014), is amended by adding at the end the following new subsection: ``(d) Third Tier of Benefits.-- ``(1) In general.--If, at the time that the amount added to an individual's account under subsection (c)(1) (in this subsection referred to as `additional emergency unemployment compensation') is exhausted or at any time thereafter, such individual's State is in an extended benefit period (as determined under paragraph (2)), such account shall be further augmented by an amount (in this subsection referred to as `further additional emergency unemployment compensation') equal to the lesser of-- ``(A) 50 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual during the individual's benefit year under the State law; or ``(B) 13 times the individual's average weekly benefit amount (as determined under subsection (b)(2)) for the benefit year. ``(2) Extended benefit period.--For purposes of paragraph (1), a State shall be considered to be in an extended benefit period, as of any given time, if-- ``(A) such a period would then be in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970 if section 203(d) of such Act-- ``(i) were applied by substituting `6' for `5' each place it appears; and ``(ii) did not include the requirement under paragraph (1)(A) thereof; or ``(B) such a period would then be in effect for such State under such Act if-- ``(i) section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and ``(ii) such section 203(f)-- ``(I) were applied by substituting `8.5' for `6.5' in paragraph (1)(A)(i) thereof; and ``(II) did not include the requirement under paragraph (1)(A)(ii) thereof. ``(3) Coordination rule.--Notwithstanding an election under section 4001(e) by a State to provide for the payment of emergency unemployment compensation prior to extended compensation, such State may pay extended compensation to an otherwise eligible individual prior to any further additional emergency unemployment compensation, if such individual claimed extended compensation for at least 1 week of unemployment after the exhaustion of additional emergency unemployment compensation. ``(4) Limitation.--The account of an individual may be augmented not more than once under this subsection.''. (b) Conforming Amendments.--Section 4007(b)(2) of such Act, as amended by section 3, is amended-- (1) by striking ``then section 4002(c)'' and inserting ``then subsections (c) and (d) of section 4002''; and (2) by striking ``paragraph (2) of such section)'' and inserting ``paragraph (2) of such subsection (c) or (d) (as the case may be))''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall take effect as if included in the enactment of the Supplemental Appropriations Act, 2008. (2) Additional benefits.--In applying the amendments made by this section, any additional emergency unemployment compensation made payable by such amendment (which would not otherwise have been payable if such amendment had not been enacted) shall be payable only with respect to any week of unemployment beginning on or after the date of the enactment of this Act. SEC. 5. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED UNEMPLOYMENT COMPENSATION FOR A LIMITED PERIOD. (a) In General.--Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 26 U.S.C. 3304 note) is amended-- (1) by striking ``January 1, 2010'' each place it appears and inserting ``January 1, 2011''; and (2) in subsection (c), by striking ``June 1, 2010'' and inserting ``June 1, 2011''. (b) Extension of Temporary Federal Matching for the First Week of Extended Benefits for States With No Waiting Week.--Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note), as amended by section 2005(d) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 26 U.S.C. 3304 note), is amended by striking ``May 30, 2010'' and inserting ``May 30, 2011''. (c) Effective Dates.-- (1) In general.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Assistance for Unemployed Workers and Struggling Families Act. (2) First week.--The amendment made by subsection (b) shall take effect as if included in the enactment of the Unemployment Compensation Extension Act of 2008. SEC. 6. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) Benefits.--Section 2(c)(2)(D) of the Railroad Unemployment Insurance Act, as added by section 2006 of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 123 Stat. 445), is amended-- (1) in clause (iii)-- (A) by striking ``June 30, 2009'' and inserting ``June 30, 2010''; (B) by striking ``December 31, 2009'' and inserting ``December 31, 2010''; and (2) by adding at the end of clause (iv) the following: ``In addition to the amount appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.''. (b) Administrative Expenses.--Section 2006(b) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 123 Stat. 445) is amended by adding at the end the following: ``In addition to funds appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $807,000 to cover the administrative expenses associated with the payment of additional extended unemployment benefits under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act, to remain available until expended.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Assistance for Unemployed Workers and Struggling Families Act.

Assistance for Unemployed Workers Extension Act - Amends the Supplemental Appropriations Act, 2008, as amended by the Unemployment Compensation Extension Act of 2008 and the Assistance for Unemployed Workers and Struggling Families Act, with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the Emergency Unemployment Compensation (EUC) program through December 31, 2010. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until January 1, 2011, federal-state agreements increasing regular unemployment compensation payments to individuals. Amends the Supplemental Appropriations Act, 2008, as amended by the Unemployment Compensation Extension Act of 2008, to require a further additional Tier-3 period for deposits to an individual's EUCA, using the current formula, if, at the time the amount added to such individual's account under the Act is exhausted or at any time thereafter, the individual's state is in an extended benefit period. Prescribes a formula for determining if a state is in an extended benefit period. Authorizes a state to pay extended compensation to an otherwise eligible individual before any further additional EUC, if such individual claimed extended compensation for at least one week of unemployment after the exhaustion of additional EUC. Allows the Tier-3 period augmentation to be applied to the individual's EUCA only once. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until January 1, 2011, the requirement that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008, as amended by such Act, to extend through May 30, 2011, federal matching for the first week of extended EUC for states with no waiting week. Amends the Railroad Unemployment Insurance Act to extend through December 31, 2010, the temporary increase in extended unemployment benefits for employees with 10 or more years of service and for those with less than 10. Makes additional appropriations to cover such cost. Amends the Assistance for Unemployed Workers and Struggling Families Act to make additional appropriations to the Railroad Retirement Board to cover administrative expenses associated with such additional extended benefits.

A bill to provide for additional emergency unemployment compensation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``Special Exposure Cohort Fairness Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Since World War II, hundreds of thousands of men and women have served in building the Nation's nuclear defense and, in the course of this work, have been exposed to beryllium, ionizing radiation, and other hazards unique to nuclear weapons production and testing, including tens of thousands of workers in New Mexico. The purpose of the Energy Employees Occupational Illness Compensation Program Act of 2000 (in this section referred to as the ``Act''), which was enacted on October 30, 2000, is to provide for timely, uniform, and adequate compensation of covered employees and, where applicable, survivors of such employees, suffering from illnesses incurred by such employees in the performance of duty for the Department of Energy and certain of its contractors and subcontractors. (2) Executive Order No. 13179 required the Secretary of Health and Human Services to carry out the Act's statutory requirement to issue and implement procedures for conducting radiation dose reconstruction, to establish the scientific basis for compensation, and to issue regulations under which classes of workers could petition to become members of a Special Exposure Cohort and under which such petitions could be evaluated. Pursuant to the Act, workers may petition to be members of a Special Exposure Cohort when it is not feasible to estimate dose with sufficient accuracy and there is a reasonable likelihood that exposures to radiation may have endangered the health of the class of workers. Special Exposure Cohort status provides an automatic presumption of causation for 22 radiation-related cancers without the need for attempting to estimate radiation dose, and is intended to remove an otherwise insurmountable burden of proof. Such Special Exposure Cohorts have been designated by Congress at Paducah, Kentucky, Portsmouth, Ohio, the K-25 facility at Oak Ridge, Tennessee, and the Amchitka Island Test site in Alaska. (3) The National Institute for Occupational Safety and Health was tasked with conducting radiation dose reconstructions under the Act. As of April 16, 2004, the Institute has completed 15 out of 571 radiation dose reconstructions for covered workers at Los Alamos, New Mexico. The Institute has completed only 18 out of 765 dose reconstructions in New Mexico. Sick workers are dying while awaiting a determination on their claims, and in many cases the delays have caused them to lose hope. (4) Congressional intent undergirding the statutory requirement to allow additional Special Exposure Cohorts was explained by Senator Jeff Bingaman, an original cosponsor, as part of the floor debate on the enactment of the Act on October 12, 2000. He stated that this provision was added ``for a significant minority who were exposed to radiation but for whom it would be infeasible to reconstruct their dose. There are several reasons why . . . this infeasibility might exist. First relevant dose records might be missing or might not exist altogether. Second there might be a way to reconstruct the dose, but it would be prohibitively expensive to do so. Finally it might take so long to reconstruct a dose for a group of workers that they will all be dead before we have an answer that can be used to determine their eligibility.''. (5) Dose reconstruction is being interminably delayed for claimants at Los Alamos National Laboratory. A May 5, 2004, report to Congress by the Centers for Disease Control regarding obstacles to records recovery needed for radiation dose reconstruction states that: ``Los Alamos National Laboratory has not submitted individual bioassay data, nor detailed external dosimetry data. The submittals consist of derived dose quantities, which cannot readily be used in dose reconstructions because they use a different methodology than NIOSH uses for dose reconstructions''. (6) Hearings and investigations reveal that there was not appropriate worker monitoring for mixed neutron and gamma radiation for certain time periods, doubtful reliability of radiation dosimetry reports provided to claimants for certain time periods, and for some claimants, access has been denied to particular monitoring records. One of the workers who testified at a Department of Energy hearing in Espanola, New Mexico, in 2000 described how he could fall through the cracks of a system that operated solely on dose histories. He was a supervisor at what was called the ``hot dump'' at Los Alamos. Environmental restoration reports indicate that more than 80 different radionuclides were taken there to be disposed of, making it very difficult to resconstruct dose amounts for each worker. (7) Over the course of the atomic weapons program at Los Alamos, health-related documents were withheld from the workers and public in order to shield the Government and its contractors from public criticism, concerns about union demands for hazardous duty pay, and real or perceived liability. (8) Memoranda indicate that air concentrations of radionuclides at Area G of Los Alamos were systematically underreported in environmental surveillance reports issued to the public in the late 1980's and early 1990's, according to the Pueblo Office of Environmental Protection in 1992. (9) During the 2003 and 2004 regular sessions, the New Mexico legislature, through the leadership of State Representative Ray Ruiz, enacted Joint Memorials calling upon the United States Congress to enact comprehensive reforms to subtitle B and subtitle D of the Act to remedy the injustices to workers made sick from employment by contractors and subcontractors at Los Alamos. House Joint Memorial 16 (2003) and House Joint Memorial 20 (2004) state in relevant part: ``those employees who are unable to obtain records establishing past exposures and employees whose claims of radiation exposure are in jeopardy of being denied due to scientific uncertainty in causation determinations should receive the benefit of the doubt and be compensated under the federal act''. (10) The memorial also urges that, in enacting Federal reform legislation with respect to the Act: ``special exposure cohorts be established for employees in area G and the linear accelerator at Los Alamos national laboratory, and for security guards and all construction workers, due to the impossibility of accurately reconstructing past radiation doses.''. (11) The predicates for a Special Exposure Cohort for Los Alamos workers have been met. For some, dose records are missing or are incomplete; for others, it is requiring a costly research effort, the reliability of the Institute's dose estimates may be open to question, and for virtually all Los Alamos claimants, the Institute is taking so long to estimate dose that claimants are dying off before they ever receive a determination. Justice has been denied through interminable delays. New Mexico's large population of potentially eligible claimants at Department of Energy facilities should not have to wait another generation or more to be compensated for their occupational illnesses. SEC. 3. DEFINITION OF MEMBER OF SPECIAL EXPOSURE COHORT TO INCLUDE WORKERS AT LOS ALAMOS NATIONAL LABORATORY, LOS ALAMOS, NEW MEXICO. (a) In General.--Section 3621(14) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(14)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following: ``(C) The employee was so employed for a number of work days aggregating at least 250 work days during the period 1945 through 2000 at Los Alamos National Laboratory, Los Alamos, New Mexico, as a cohort- eligible Los Alamos worker (as defined in paragraph (18)) for work carried out under contract to the Department of Energy, and, during such employment-- ``(i) was monitored through the use of-- ``(I) dosimetry badges for exposure at the plant of the external parts of employee's body to radiation; or ``(II) biossays, in vivo monitoring, or breath samples for exposure at the plant to internal radiation; or ``(ii) worked in a job that had exposures comparable to a job that is monitored, or should have been monitored, under standards of the Department of Energy in effect on the date of the enactment of this subparagraph through the use of dosimetry badges for monitoring external radiation exposures, or bioassays or in vivo monitoring for internal radiation exposures.''. (b) Cohort-Eligible Los Alamos Workers.--Section 3621 of such Act is further amended by adding at the end the following new paragraph: ``(18) The term `cohort-eligible Los Alamos worker' applies to employment-- ``(A) in Area G or at the linear accelerator; ``(B) as a security guard or construction worker; or ``(C) in any area of Los Alamos National Laboratory and in any capacity, if all records necessary for radiation dose reconstruction under this Act with respect to that employee have not been received by the National Institute for Occupational Safety and Health from the Department of Energy or its contractors within 200 days after receipt of the claim under this Act with respect to that employee.''.

Special Exposure Cohort Fairness Act of 2004 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include within its Special Exposure Cohort for compensation purposes certain employees who, during their employment at Los Alamos National Laboratory, Los Alamos, New Mexico, during the period 1945 through 2000: (1) were monitored through the use of dosimetry badges for exposure at the plant of the external parts of an employee's body to radiation; (2) were monitored through the use of bioassays, in vivo monitoring, or breath samples for exposure at the plant to internal radiation; or (3) worked in a job that had exposures comparable to a job that is monitored under certain DOE standards through the use of dosimetry badges for monitoring external radiation exposures, or bioassays, in vivo monitoring, for internal radiation exposures. Defines Cohort-Eligible Los Alamos Worker as one employed: (1) as a security guard or construction worker; (2) in Area G or at the linear accelerator; or (3) in any area of Los Alamos National Laboratory and in any capacity, if all records necessary for radiation dose reconstruction with respect to such employee have not been received by the National Institute for Occupational Safety and Health from the Department of Energy or its contractors within 200 days after receipt of a claim under this Act.

To amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to include certain nuclear weapons program workers in the Special Exposure Cohort under the compensation program established by that Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drill Responsibly in Leased Lands Act of 2008''. SEC. 2. NATIONAL PETROLEUM RESERVE IN ALASKA: LEASE SALES. Section 107(a) of the Naval Petroleum Reserves Production Act of 1976 is amended to read as follows: ``(a) In General.--The Secretary shall conduct an expeditious environmentally responsible program of competitive leasing of oil and gas in the National Petroleum Reserve in Alaska in accordance with this Act. Such program shall include no fewer than one lease sale in the Reserve each year during the period 2009 through 2013.''. SEC. 3. NATIONAL PETROLEUM RESERVE IN ALASKA: PIPELINE CONSTRUCTION. The Secretary of Transportation shall facilitate, in an environmentally responsible manner and in coordination with the Secretary of the Interior, the construction of pipelines necessary to transport oil and gas from or through the National Petroleum Reserve in Alaska to existing transportation or processing infrastructure on the North Slope of Alaska. SEC. 4. ALASKA NATURAL GAS PIPELINE PROJECT FACILITATION. (a) Findings.--The Congress finds the following: (1) Over 35 trillion cubic feet of natural gas reserves have been discovered on Federal and State lands currently open to oil and gas leasing on the North Slope of Alaska. (2) These gas supplies could make a significant contribution to meeting the energy needs of the United States, but the lack of a natural gas transportation system has prevented these gas reserves from reaching markets in the lower 48 States. (b) Facilitation by President.--The President shall, pursuant to the Alaska Natural Gas Pipeline Act (division C of Public Law 108-324; 15 U.S.C. 720 et seq.) and other applicable law, coordinate with producers of oil and natural gas on the North Slope of Alaska, Federal agencies, the State of Alaska, Canadian authorities, and other interested persons in order to facilitate construction of a natural gas pipeline from Alaska to United States markets as expeditiously as possible. SEC. 5. PROJECT LABOR AGREEMENTS AND OTHER PIPELINE REQUIREMENTS. (a) Project Labor Agreements.--The President, as a term and condition of any permit required under Federal law for the pipelines referred to in section 3 and section 4, and in recognizing the Government's interest in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of such pipelines to be developed under such permits and the special concerns of the holders of such permits, shall require that the operators of such pipelines and their agents and contractors negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction for such pipelines. (b) Pipeline Maintenance.--The Secretary of Transportation shall require every pipeline operator authorized to transport oil and gas produced under Federal oil and gas leases in Alaska through the Trans- Alaska Pipeline, any pipeline constructed pursuant to section 3 or 4 of this Act, or any other federally approved pipeline transporting oil and gas from the North Slope of Alaska, to certify to the Secretary of Transportation annually that such pipeline is being fully maintained and operated in an efficient manner. The Secretary of Transportation shall assess appropriate civil penalties for violations of this requirement in the same manner as civil penalties are assessed for violations under section 60122(a)(1) of title 49, United States Code. SEC. 6. BAN ON EXPORT OF ALASKAN OIL. (a) Repeal of Provision Authorizing Exports.--Section 28(s) of the Mineral Leasing Act (30 U.S.C. 185(s)) is repealed. (b) Reimposition of Prohibition on Crude Oil Exports.--Upon the effective date of this Act, subsection (d) of section 7 of the Export Administration Act of 1979 (50 U.S.C. App. 2406(d)), shall be effective, and any other provision of that Act (including sections 11 and 12) shall be effective to the extent necessary to carry out such section 7(d), notwithstanding section 20 of that Act or any other provision of law that would otherwise allow exports of oil to which such section 7(d) applies. SEC. 7. ISSUANCE OF NEW LEASES. (a) In General.--After the date of the issuance of regulations under subsection (b), the Secretary of the Interior shall not issue to a person any new lease that authorizes the exploration for or production of oil or natural gas, under section 17 of the Mineral Leasing Act (33 U.S.C. 226), the Mineral Leasing Act for Acquired Lands Act (30 U.S.C. 351 et seq.), the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), or any other law authorizing the issuance of oil and gas leases on Federal lands or submerged lands, unless-- (1) the person certifies for each existing lease under such Acts for the production of oil or gas with respect to which the person is a lessee, that the person is diligently developing the Federal lands that are subject to the lease in order to produce oil or natural gas or is producing oil or natural gas from such land; or (2) the person has relinquished all ownership interest in all Federal oil and gas leases under which oil and gas is not being diligently developed. (b) Diligent Development.--The Secretary shall issue regulations within 180 days after the date of enactment of this Act that establish what constitutes ``diligently developing'' for purposes of this Act. (c) Failure To Comply With Requirements.--Any person who fails to comply with the requirements of this section or any regulation or order issued to implement this section shall be liable for a civil penalty under section 109 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1719). (d) Lessee Defined.--In this section the term ``lessee''-- (1) includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee; and (2) does not include any person who does not hold more than a minority ownership interest in a lease under an Act referred to in subsection (a) authorizing the exploration for or production of oil or natural gas. SEC. 8. FAIR RETURN ON PRODUCTION OF FEDERAL OIL AND GAS RESOURCES. (a) Royalty Payments.--The Secretary of the Interior shall take all steps necessary to ensure that lessees under leases for exploration, development, and production of oil and natural gas on Federal lands, including leases under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), the Outer Continental Shelf Lands Act (30 U.S.C. 1331 et seq.), and all other mineral leasing laws, are making prompt, transparent, and accurate royalty payments under such leases. (b) Recommendations for Legislative Action.--In order to facilitate implementation of subsection (a), the Secretary of the Interior shall, within 180 days after the date of the enactment of this Act and in consultation with the affected States, prepare and transmit to Congress recommendations for legislative action to improve the accurate collection of Federal oil and gas royalties.

Drill Responsibly in Leased Lands Act of 2008 - Amends the Naval Petroleum Reserves Production Act of 1976 to direct the Secretary of the Interior to conduct an oil and gas competitive leasing program in the National Petroleum Reserve, Alaska, that includes at least one lease sale each year during the period 2009 through 2013. Instructs the Secretary of Transportation to: (1) facilitate pipeline construction to transport oil and gas from or through the National Petroleum Reserve in Alaska to existing transportation or processing infrastructure on the North Slope of Alaska; and (2) require certain authorized pipeline operators to certify annually that the pipeline is being fully maintained and operated in an efficient manner. Directs the President to coordinate with oil and natural gas producers on the North Slope of Alaska, and other specified entities, to expedite construction of a natural gas pipeline from Alaska to U.S. markets. Amends the Mineral Leasing Act to repeal provisions authorizing the export of Alaskan North Slope oil. Amends the Export Administration Act of 1979 to reimpose the prohibition against crude oil exports. Prohibits the Secretary of the Interior from authorizing any new lease for exploration or production of oil or natural gas unless the lessee: (1) certifies for each existing lease that the lessee has diligently developed the pertinent federal lands in order to produce oil or natural gas, or is producing oil or natural gas from them; or (2) has relinquished all federal oil and gas leases that are not being diligently developed. Instructs the Secretary to ensure that lessees under leases for exploration, development, and production of oil and natural gas on federal lands make prompt, transparent, and accurate royalty payments.

To amend the Naval Petroleum Reserves Production Act of 1976 to require the Secretary of the Interior to conduct an expeditious environmentally responsible program of competitive leasing of oil and gas in the National Petroleum Reserve in Alaska, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``High Plains Aquifer Conservation, Monitoring, and Coordination Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) a reliable source of groundwater is an essential element of the economy of the communities on the High Plains; (2) the High Plains Aquifer consists largely of the Ogallala Aquifer with small components of other geologic units; (3) the High Plains Aquifer experienced a dramatic decline in water table levels in the latter half of the twentieth century; (4) the decline in water table levels is especially pronounced in the Southern Ogallala Aquifer, with areas in the states of Kansas, New Mexico, Oklahoma, and Texas experiencing declines of over 100 feet in that from 1950 to 1997; (5) the saturated thickness of the High Plains Aquifer has declined by over 50 percent in some areas, the percentage of the High Plains Aquifer which has a saturated thickness of 100 feet or more declined from 54 percent to 51 percent in the period from 1980 to 1997; (6) the decreased water levels in the High Plains Aquifer coupled with higher pumping lift costs raise concerns about the long-term sustainability of irrigated agriculture in the High Plains; (7) hydrological modeling by the United States Geological Survey indicates that in the context of sustained high groundwater use in the surrounding region, reductions in groundwater pumping at the single farm level or at a local level of up to 100 square miles, have a very time limited impact on conserving the level of the local water table, thus creating a disincentive for individual water users to invest in water conservation measures; (8) incentives must be created for conservation of groundwater on a regional scale, in order to achieve an agricultural economy on the High Plains that is sustainable; (9) Federal, State, tribal, and local water policy makers, and individual groundwater users must have access to reliable information concerning aquifer recharge rates, extraction rates, and water table levels at the local and regional levels on an ongoing basis for water conservation incentives to function; and (10) coordination of Federal, State and local efforts to map, model and monitor the High Plains Aquifer and of programs pertaining to the conservation of the groundwater resources of the Aquifer can play an important role in effectively addressing the issue of the decline of the Aquifer. (b) Purpose.--The purpose of this Act is to provide for the enhanced mapping, modeling, and monitoring of the High Plains Aquifer and the improved coordination of efforts to address the conservation of the groundwater resources of the Aquifer. SEC. 3. DEFINITIONS. For purposes of this Act: (a) High Plains Aquifer.--The term ``High Plains Aquifer'' is the groundwater reserve depicted as figure 1 in the United States Geological Survey Professional Paper 1400-B, titled Geohydrology of the High Plains Aquifer in Parts of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming. (b) High Plains.--The term ``High Plains'' means the approximately 174,000 square miles of land surface overlying the High Plains Aquifer in the States of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming. (c) High Plains Aquifer States.--The term ``High Plains Aquifer States'' means the states of Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming. (d) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. HYDROGEOLOGIC MAPPING, MODELING, AND MONITORING. (a) Program.--The Secretary, working through the United States Geological Survey, and in cooperation with the State Geologists of the High Plains Aquifer States, shall develop and carry out a comprehensive hydrogeologic mapping, modeling, and monitoring program for the High Plains Aquifer. The program shall include on a county-by-county basis-- (1) a map of the hydrological configuration of the High Plains Aquifer; and (2) an analysis of: (A) the current and past rate at which groundwater is being withdrawn and recharged, and the net rate of decrease or increase in aquifer storage; (B) the factors controlling the rate of horizontal migration of water within the High Plains Aquifer; and (C) the current and past rate of loss of saturated thickness within the High Plains Aquifer. (b) Funding.--The Secretary shall make available to the High Plains States no less than 50 percent of the funds made available pursuant to this section to be used by the States, working in cooperation with the Secretary, to implement the program provided for by this section. The Secretary shall allocate the funds among the High Plains Aquifer States in a manner to best further the objectives of the program provided for in this section. (c) Annual Report.--One year after the date of enactment of this Act, and every two years thereafter, the Secretary shall submit a report on the status of the High Plains Aquifer to the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and the Governors of the High Plains Aquifer States. SEC. 5. HIGH PLAINS AQUIFER COORDINATION COUNCIL. (a) Establishment and Purpose.--The Secretary, in cooperation with the Secretary of Agriculture, shall establish a High Plains Aquifer Coordination Council. The purpose of the Council shall be to-- (1) ensure that comprehensive and coordinated mapping, modeling, and monitoring efforts relating to the High Plains Aquifer are in place to provide information on the water resources of the High Plains Aquifer, including the sustainability of such resources; (2) facilitate the coordination of Federal, State, and local programs relating to the groundwater resources of the High Plains Aquifer; (3) facilitate coordination of programs and policies among the High Plains Aquifer States with respect to the groundwater resources of the High Plains Aquifer; (4) evaluate the effectiveness of Federal and State programs in addressing the present and anticipated groundwater resources issues relating to the High Plains Aquifer; and (5) provide recommendations to the Secretary, the Secretary of Agriculture, and each Governor of a High Plains Aquifer State, regarding programs and policies and changes in Federal and State law to address the groundwater resources issues of the High Plains Aquifer. (b) Membership.--The Secretary, in consultation with the Secretary of Agriculture, shall appoint the following members of the High Plains Aquifer Coordination Council: (1) Two representatives of the Secretary of the Interior, one representing the Bureau of Reclamation, and one representing the U.S. Geological Survey. (2) Two representatives of the Secretary of Agriculture, to be selected from a list of candidates provided by such Secretary, one representing the Natural Resources Conservation Service and one representing the Rural Development Administration. (3) A representative of each Governor of a High Plains Aquifer State, who shall be a state employee and shall be selected from a list of candidates provided by the Governor. The representative of at least one Governor shall be a State Geologist of a High Plains Aquifer State. (4) A representative of irrigation production agriculture from each High Plains Aquifer State, selected from a list of candidates provided by each Governor. (5) A representative of the municipal and industrial water user community from each High Plains Aquifer State, selected from a list provided by the Governor. (6) A representative from the conservation community from each High Plains Aquifer State, selected from a list provided by the Governor. (7) Two representatives of Indian Tribes from the High Plains Aquifer area of the vicinity thereof. (c) Terms.--Each member of the High Plains Aquifer Coordination Council shall serve for a term of four years, whereupon the Secretary may reappoint the member or appoint a new member in conformance with the provisions of subsection (b). Members of the Council who are not employees of Federal Government shall serve without Federal compensation, but shall be reimbursed by the Secretary for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties. (d) Administration.--Financial and administrative services shall be provided to High Plains Aquifer Coordination Council by the Secretary. (e) Report.--The High Plains Aquifer Coordination Council shall submit a report to the Secretary, the Secretary of Agriculture, the Committees Energy and Natural Resources and Agriculture of the Senate and the Committees on Resources and Agriculture of the House of Representatives, two years from the date of enactment of this Act and every two years thereafter. The report shall contain the Council's finding and recommendations regarding the matters set forth in subsection (a). SEC. 6. HIGH PLAINS AQUIFER EDUCATIONAL ASSISTANCE. The Secretary, working in cooperation with the Secretary of Agriculture, shall provide financial assistance, subject to the availability of appropriations, to each of the eight High Plains Aquifer States to provide educational programs related to this Act. The States may cooperate with land grant universities and educational institutions or other private organizations in the administration of these programs. Educational programs shall include the following: (a) Water conservation workshops for producers, crop consultants, and agricultural groups throughout the High Plains Aquifer region. (b) Training and periodic update workshops for field staff responsible for implementing water conservation cost-share programs. (c) Public education and information for elementary and secondary students and adult learners, and education for state and local decision makers. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) There is authorized to be appropriated not to exceed $10,000,000 for each of the fiscal years 2002 through 2007 to carry out the purposes of section 4 of this Act. (b) There is authorized to be appropriated not to exceed $2,000,000 for each of the fiscal years 2002 through 2007 to carry out the purposes of section 5 of this Act. (c) There is authorized to be appropriated $3 million annually fiscal year 2002 through fiscal year 2011 to carry out the program set forth in section 6 of this Act.

High Plains Aquifer Conservation, Monitoring, and Coordination Act - Directs the Secretary of the Interior, through the U.S. Geological Survey and in cooperation with the State Geologists of the High Plains Aquifer States (Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming), to develop and carry out a hydrogeologic mapping, modeling, and monitoring program for the High Plains Aquifer.Requires the Secretary, in cooperation with the Secretary of Agriculture, to establish a High Plains Aquifer Coordination Council to: (1) ensure that mapping, modeling, and monitoring efforts relating to the Aquifer are in place to provide information on the water resources of the Aquifer, including sustainability; (2) facilitate coordination of Federal, State, and local programs relating to the groundwater resources of the Aquifer; (3) evaluate the effectiveness of Federal and State programs in addressing present and anticipated groundwater resources issues relating to the Aquifer; and (4) provide recommendations to the Secretaries and the Governors of such States regarding programs, policies, and changes in Federal and State law to address such issues.Requires the Secretary, working in cooperation with the Secretary of Agriculture, to provide financial assistance to such States to provide educational programs related to this Act.

A bill to authorize the Secretary of the Interior to conduct a hydrogeologic mapping, modeling and monitoring program for the High Plains Aquifer and to establish the High Plains Aquifer Coordination council to facilitate groundwater conservation in the High Plains.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnership for Professional Renewal Act of 1997''. SEC. 2. PURPOSE; ESTABLISHMENT OF PROGRAM. Title V of the Higher Education Act of 1965 is amended by adding the following new part: ``PART G--PARTNERSHIP FOR PROFESSIONAL RENEWAL ``SEC. 599A. PURPOSES. ``The purposes of this part are-- ``(1) to make the public school a classroom for teachers in training and provide school faculty with opportunities for professional development; and ``(2) to encourage a communitywide commitment to public education that uses students' homes, local neighborhoods, businesses, and community organizations as education resources and makes the Partnership for Professional Renewal a resource to the community. ``SEC. 599B. APPLICATION REQUIREMENTS. ``(a) Application and Plan Required.-- ``(1) In general.--Any institution of higher education desiring to obtain a grant under this section shall submit to the Secretary an application at such time, in such form, and containing such information and assurances as the Secretary may require by regulation. ``(2) Institution plan.--An application under this section shall include a plan for the establishment of an ongoing program that will provide training and technical support for prospective teachers and classroom teachers. ``(b) Contents of Plan.--The institution of higher education plan shall include information on-- ``(1) the methods by which elementary and secondary schools will be selected to participate in Partnerships for Professional Renewal; ``(2) the duration for which the teacher-in-training will be assigned to a classroom; ``(3) the methods by which consortia will be formed that include representatives of-- ``(A) institution of higher education teacher training faculty; ``(B) local school faculty; ``(C) local school parents; ``(D) education technology expert; ``(E) local school administration; ``(F) local business; and ``(G) local community leaders; ``(4) the methods by which the consortium will be used-- ``(A) to collaborate on the development of the specific objectives of the partnership program; and ``(B) to encourage a communitywide commitment to public education that uses students' homes, local neighborhoods, businesses, and community organizations as education resources and makes the Partnership for Professional Renewal a resource to the community; ``(5) the methods by which postsecondary faculty will join with classroom teachers to balance the theoretical and practical aspects of teacher training for teachers-in-training; ``(6) the academic resources that the institution of higher education will provide to offer the faculty of the elementary or secondary school opportunities for professional development; and ``(7) methods for sharing knowledge and ideas obtained at one school with other teachers and students. ``SEC. 599C. SELECTION OF APPLICATIONS FOR AWARDS. ``(a) Selection Criteria.--The Secretary shall by regulation establish criteria for the selection of applications for the award of grants under this part. Such selection criteria shall-- ``(1) be designed to identify those applications for awards that best fulfill the purposes of this part; ``(2) require the Secretary to consider, in making such awards, the need to provide both geographic diversity among grant recipients and a diversity of types of participating institutions of higher education; ``(3) give special attention to those plans which assign a teacher-in-training to the same classroom for one full school year, or more; and ``(4) include criteria based on the extent to which the application best meets the requirements of paragraphs (4), (5), (7), and (8) of section 599B(b). ``SEC. 599D. USE OF FUNDS. ``Funds received under a grant made pursuant to this part may be used-- ``(1) to hire a chief administrative officer to oversee this program; ``(2) to advertise the existence of this program throughout the region in which the postsecondary and elementary or secondary schools are located; ``(3) to develop curriculum for the partnership and update said curriculum as necessary; ``(4) to provide supplies and staff for the partnership; ``(5) to fund lifelong learning opportunities in educational technology for the faculty of partner schools; ``(6) to provide professional development opportunities; and ``(7) for other uses consistent with the purposes of this part, as specifically stated in the plan submitted by the institution of higher education and approved by the Secretary. ``SEC. 599E. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 1998 and each of the 4 succeeding fiscal years.''.

Partnership for Professional Renewal Act of 1997 - Amends the Higher Education Act of 1965 to establish the Partnership for Professional Renewal program under which the Secretary of Education may award grants to higher education institutions to create partnerships between them and elementary or secondary schools to establish an ongoing program of training and technical support for prospective teachers and classroom teachers. Requires applicant plans to provide for consortia of such institutions and schools and local faculty, parents, and business and community leaders to develop partnership objectives. Authorizes appropriations.

Partnership for Professional Renewal Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Contraception for Women Servicemembers and Dependents Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Women are serving in the Armed Forces at increasing rates, playing a critical role in the national security of the United States. More than 350,000 women serve on active duty in the Armed Forces or in the Selected Reserve. (2) Nearly 10,000,000 members of the Armed Forces (including members of the National Guard and Reserves), military retirees, their families, their survivors, and certain former spouses, including nearly 5,000,000 female beneficiaries, are eligible for health care through the Department of Defense. (3) Contraception is critical for women's health and is highly effective at reducing unintended pregnancy. The Centers for Disease Control and Prevention describe contraception as one of the 10 greatest public health achievements of the twentieth century. (4) Contraception has played a direct role in the greater participation of women in education and employment. Increased wages and increased control over reproductive decisions provide women with educational and professional opportunities that have increased gender equality over the decades since contraception was introduced. (5) Studies have shown that when cost barriers to the full range of methods of contraception are eliminated, and women receive comprehensive counseling on the various methods of contraception (including highly effective Long-Acting Reversible Contraceptives (LARCs)), rates of unintended pregnancy decline dramatically. (6) Research has also shown that investments in effective contraception save public and private dollars. (7) The 2011 recommendations of the Institute of Medicine on women's preventive health services include recommendations that health insurance plans cover all methods of contraception approved by the Food and Drug Administration, sterilization procedures, and patient education and counseling for all women with reproductive capacity without any cost-sharing requirements. (8) The recommendations described in paragraph (7) are reflected in provisions of the Patient Protection and Affordable Care Act (Public Law 111-148), and thus group and individual health insurance plans must provide such coverage. The recommendations have also been adopted by the Office of Personnel Management, and thus all health insurance plans that are part of the Federal Employees Health Benefits Program must provide such coverage. (9) Under the TRICARE program, servicewomen on active duty have full coverage of all prescription drugs, including contraception, without cost-sharing requirements. However, servicewomen not on active duty, and female dependents of members of the Armed Forces, who receive health care through the TRICARE program do not have similar coverage of all prescription methods of contraception approved by the Food and Drug Administration without cost-sharing. (10) Studies indicate that servicewomen need comprehensive counseling for pregnancy prevention, particularly in their predeployment preparations, and the lack thereof is contributing to unintended pregnancies among servicewomen. (11) An analysis by Ibis Reproductive Health of the 2008 Survey of Health Related Behaviors among Active Duty Military Personnel found a high unintended pregnancy rate among servicewomen. Adjusting for the difference between age distribution in the Armed Forces and the general population, the rate of unintended pregnancy among servicewomen is higher than for the general population. (12) With the integrated use of electronic medical records throughout the Department of Defense, the technological infrastructure exists to develop clinical decision support tools. These tools, which are incorporated into the electronic medical record, allow for a point-of-care feedback loop that can be used to enhance patient decisionmaking, case and patient management, and care coordination. Benefits of clinical decision support tools include increased quality of care and enhanced health outcomes, improved efficiency, and provider and patient satisfaction. (13) The Defense Advisory Committee on Women in the Services (DACOWITS) has recommended that all the Armed Forces, to the extent that they have not already, implement initiatives that inform servicemembers of the importance of family planning, educate them on methods of contraception, and make various methods of contraception available, based on the finding that family planning can increase the overall readiness and quality of life of all members of the military. (14) Health care, including family planning for survivors of sexual assault in the Armed Forces is a critical issue. Servicewomen on active duty report rates of unwanted sexual contact at approximately 16 times those of the comparable general population of women in the United States. Through regulations, the Department of Defense already supports a policy of ensuring that servicewomen who are sexually assaulted have access to emergency contraception. SEC. 3. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE PROGRAM. (a) In General.--Section 1074d of title 10, United States Code, is amended-- (1) in subsection (a), by inserting ``for Members and Former Members'' after ``Services Available''; (2) by redesignating subsection (b) as subsection (d); and (3) by inserting after subsection (a) the following new subsections: ``(b) Care Related to Prevention of Pregnancy.--Female covered beneficiaries shall be entitled to care related to the prevention of pregnancy described by subsection (d)(3). ``(c) Prohibition on Cost-Sharing for Certain Services.-- Notwithstanding section 1074g(a)(6) of this title or any other provision of law, cost-sharing may not be imposed or collected for care related to the prevention of pregnancy provided pursuant to subsection (a) or (b), including for any method of contraception provided, whether provided through a facility of the uniformed services, the TRICARE retail pharmacy program, or the national mail-order pharmacy program.''. (b) Care Related to Prevention of Pregnancy.--Subsection (d)(3) of such section, as redesignated by subsection (a)(2) of this section, is further amended by inserting before the period at the end the following: ``(including all methods of contraception approved by the Food and Drug Administration, sterilization procedures, and patient education and counseling in connection therewith)''. (c) Conforming Amendment.--Section 1077(a)(13) of such title is amended by striking ``section 1074d(b)'' and inserting ``section 1074d(d)''. SEC. 4. ACCESS TO BROAD RANGE OF METHODS OF CONTRACEPTION APPROVED BY THE FOOD AND DRUG ADMINISTRATION FOR MEMBERS OF THE ARMED FORCES AND MILITARY DEPENDENTS AT MILITARY TREATMENT FACILITIES. (a) In General.--Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that every military treatment facility has a sufficient stock of a broad range of methods of contraception approved by the Food and Drug Administration, as recommended by the Centers for Disease Control and Prevention and the Office of Population Affairs of the Department of Health and Human Services, to be able to dispense at any time any such method of contraception to any women members of the Armed Forces and female covered beneficiaries who receive care through such facility. (b) Covered Beneficiary Defined.--In this section, the term ``covered beneficiary'' has the meaning given that term in section 1072(5) of title 10, United States Code. SEC. 5. COMPREHENSIVE STANDARDS AND ACCESS TO CONTRACEPTION COUNSELING FOR MEMBERS OF THE ARMED FORCES. (a) Purpose.--The purpose of this section is to ensure that all health care providers employed by the Department of Defense who provide care for women members of the Armed Forces, including general practitioners, are provided, through clinical practice guidelines, the most current evidence-based and evidence-informed standards of care with respect to methods of contraception and counseling on methods of contraception. (b) Clinical Practice Guidelines.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall compile clinical practice guidelines for health care providers described in subsection (a) on standards of care with respect to methods of contraception and counseling on methods of contraception for women members of the Armed Forces. (2) Sources.--The Secretary shall compile clinical practice guidelines under this subsection from among clinical practice guidelines established by appropriate health agencies and professional organizations, including the following: (A) The United States Preventive Services Task Force. (B) The Centers for Disease Control and Prevention. (C) The Office of Population Affairs of the Department of Health and Human Services. (D) The American College of Obstetricians and Gynecologists. (E) The Association of Reproductive Health Professionals. (F) The American Academy of Family Physicians. (G) The Agency for Healthcare Research and Quality. (3) Updates.--The Secretary shall from time to time update the list of clinical practice guidelines compiled under this subsection to incorporate into such guidelines new or updated standards of care with respect to methods of contraception and counseling on methods of contraception. (4) Dissemination.-- (A) Initial dissemination.--As soon as practicable after the compilation of clinical practice guidelines pursuant to paragraph (1), but commencing not later than one year after the date of the enactment of this Act, the Secretary shall provide for rapid dissemination of the clinical practice guidelines to health care providers described in subsection (a). (B) Updates.--As soon as practicable after the adoption under paragraph (3) of any update to the clinical practice guidelines compiled pursuant to this subsection, the Secretary shall provide for the rapid dissemination of such clinical practice guidelines, as so updated, to health care providers described in subsection (a). (C) Protocols.--Clinical practice guidelines, and any updates to such guidelines, shall be disseminated under this paragraph in accordance with administrative protocols developed by the Secretary for that purpose. (c) Clinical Decision Support Tools.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary shall, in order to assist health care providers described in subsection (a), develop and implement clinical decision support tools that reflect, through the clinical practice guidelines compiled pursuant to subsection (b), the most current evidence-based and evidence-informed standards of care with respect to methods of contraception and counseling on methods of contraception. (2) Updates.--The Secretary shall from time to time update the clinical decision support tools developed under this subsection to incorporate into such tools new or updated guidelines on methods of contraception and counseling on methods of contraception. (3) Dissemination.--Clinical decision support tools, and any updates to such tools, shall be disseminated under this subsection in accordance with administrative protocols developed by the Secretary for that purpose. Such protocols shall be similar to the administrative protocols developed under subsection (b)(4)(C). (d) Access to Contraception Counseling.--As soon as practicable after the date of the enactment of this Act, the Secretary shall ensure that women members of the Armed Forces have access to counseling on the full range of methods of contraception provided by health care providers described in subsection (a) during health care visits, including, but not limited to, visits as follows: (1) During predeployment health care visits, with the counseling to be provided during such visits emphasizing the interaction between anticipated deployment conditions and various methods of contraception. (2) During health care visits during deployment. (3) During annual physical examinations. (e) Incorporation Into Surveys of Questions on Servicewomen Experiences With Family Planning Services and Counseling.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall integrate into the Department of Defense surveys specified in paragraph (2) questions designed to obtain information on the experiences of women members of the Armed Forces-- (A) in accessing family planning services and counseling; (B) in using family planning methods, which method was preferred and whether deployment conditions affected the decision on which family planning method or methods to be used; and (C) if pregnant, whether the pregnancy was intended. (2) Covered surveys.--The surveys into which questions shall be integrated as described in paragraph (1) are the following: (A) The Health Related Behavior Survey of Active Duty Military Personnel. (B) The Health Care Survey of Department of Defense Beneficiaries. SEC. 6. EDUCATION ON FAMILY PLANNING FOR MEMBERS OF THE ARMED FORCES. (a) Education Program.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish an education program for all members of the Armed Forces, including both men and women members, consisting of a uniform standard curriculum on family planning. (2) Sense of congress.--It is the sense of Congress that the standard curriculum should use the latest technology available to efficiently and effectively deliver information to members of the Armed Forces. (b) Elements.--The standard curriculum under subsection (a) shall include the following: (1) Information on the importance of providing comprehensive family planning for members of the Armed Forces, and their commanding officers, and on the positive impact family planning can have on the health and readiness of the Armed Forces. (2) Current, medically accurate information. (3) Clear, user-friendly information on the full range of methods of contraception and where members of the Armed Forces can access their chosen method of contraception. (4) Information on all applicable laws and policies so that members are informed of their rights and obligations. (5) Information on patients' rights to confidentiality. (6) Information on the unique circumstances encountered by members of the Armed Forces, and the effects of such circumstances on the use of contraception. SEC. 7. PREGNANCY PREVENTION ASSISTANCE AT MILITARY TREATMENT FACILITIES FOR WOMEN WHO ARE SEXUAL ASSAULT SURVIVORS. (a) Purpose.--The purpose of this section is to provide in statute, and to enhance, existing regulations that require health care providers at military treatment facilities to consult with survivors of sexual assault once clinically stable regarding options for emergency contraception and any necessary follow-up care, including the provision of the emergency contraception. (b) In General.--The assistance specified in subsection (c) shall be provided at every military treatment facility to the following: (1) Any woman who presents at a military treatment facility and states to personnel of the facility that she is a victim of sexual assault or is accompanied by another individual who states that the woman is a victim of sexual assault. (2) Any woman who presents at a military treatment facility and is reasonably believed by personnel of such facility to be a survivor of sexual assault. (c) Assistance.-- (1) In general.--The assistance specified in this subsection shall include the following: (A) The prompt provision by appropriate staff of the military treatment facility of comprehensive, medically and factually accurate, and unbiased written and oral information about all methods of emergency contraception approved by the Food and Drug Administration. (B) The prompt provision by such staff of emergency contraception to a woman upon her request. (C) Notification to the woman of her right to confidentiality in the receipt of care and services pursuant to this section. (2) Nature of information.--The information provided pursuant to paragraph (1)(A) shall be provided in language that is clear and concise, is readily comprehensible, and meets such conditions (including conditions regarding the provision of information in languages other than English) as the Secretary may provide in the regulations under this section.

Access to Contraception for Women Servicemembers and Dependents Act of 2014 - Expands the TRICARE health care program managed by the Department of Defense (DOD) to entitle additional female beneficiaries and dependents to care related to the prevention of pregnancy. (Currently, such care is limited to certain female members of the uniformed service or a reserve component performing active duty or certain servicewomen performing inactive-duty training.) Prohibits cost-sharing from being imposed or collected for such pregnancy prevention care, including for any method of contraception provided through a facility of the uniformed services, the TRICARE retail pharmacy program, or the national mail-order pharmacy program. Provides for such pregnancy prevention care to include all methods of contraception approved by the Food and Drug Administration (FDA), sterilization procedures, and patient education and counseling. Directs the DOD Secretary to: (1) ensure that every military treatment facility has a sufficient stock of a broad range of FDA-approved methods of contraception to dispense to any women members of the Armed Forces and female covered beneficiaries who receive care through such facility; (2) disseminate clinical practice guidelines and decision support tools to DOD-employed health care providers; (3) ensure that women members of the Armed Forces have access to contraception counseling during health care visits; and (4) establish an education program for all members of the Armed Forces, including both men and women members, consisting of a uniform standard curriculum on family planning. Requires questions regarding family planning services and counseling to be incorporated into DOD health surveys. Requires every military treatment facility, upon request, to provide emergency contraception, or information about FDA-approved methods of emergency contraception, to any woman who: (1) states to personnel that she is a victim of sexual assault or is accompanied by another individual who states that the woman is a victim of sexual assault, or (2) is reasonably believed to be a survivor of sexual assault.

Access to Contraception for Women Servicemembers and Dependents Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonitemizer Real Property Tax Deduction Act of 2006''. SEC. 2. ADDITIONAL STANDARD DEDUCTION FOR REAL PROPERTY TAXES FOR NONITEMIZERS. (a) In General.--Section 63(c)(1) (defining standard deduction) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) the real property tax deduction.''. (b) Definition.--Section 63(c) is amended by adding at the end the following new paragraph: ``(8) Real property tax deduction.--For purposes of paragraph (1), the real property tax deduction is so much of the amount of State and local real property taxes (within the meaning of section 164) paid or accrued by the taxpayer during the taxable year which do not exceed $500 ($1,000 in the case of a joint return).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 3. CLARIFICATION OF ECONOMIC SUBSTANCE DOCTRINE. (a) In General.--Section 7701 is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) Clarification of Economic Substance Doctrine; etc.-- ``(1) General rules.-- ``(A) In general.--In any case in which a court determines that the economic substance doctrine is relevant for purposes of this title to a transaction (or series of transactions), such transaction (or series of transactions) shall have economic substance only if the requirements of this paragraph are met. ``(B) Definition of economic substance.--For purposes of subparagraph (A)-- ``(i) In general.--A transaction has economic substance only if-- ``(I) the transaction changes in a meaningful way (apart from Federal tax effects) the taxpayer's economic position, and ``(II) the taxpayer has a substantial nontax purpose for entering into such transaction and the transaction is a reasonable means of accomplishing such purpose. In applying subclause (II), a purpose of achieving a financial accounting benefit shall not be taken into account in determining whether a transaction has a substantial nontax purpose if the origin of such financial accounting benefit is a reduction of income tax. ``(ii) Special rule where taxpayer relies on profit potential.--A transaction shall not be treated as having economic substance by reason of having a potential for profit unless-- ``(I) the present value of the reasonably expected pre-tax profit from the transaction is substantial in relation to the present value of the expected net tax benefits that would be allowed if the transaction were respected, and ``(II) the reasonably expected pre- tax profit from the transaction exceeds a risk-free rate of return. ``(C) Treatment of fees and foreign taxes.--Fees and other transaction expenses and foreign taxes shall be taken into account as expenses in determining pre- tax profit under subparagraph (B)(ii). ``(2) Special rules for transactions with tax-indifferent parties.-- ``(A) Special rules for financing transactions.-- The form of a transaction which is in substance the borrowing of money or the acquisition of financial capital directly or indirectly from a tax-indifferent party shall not be respected if the present value of the deductions to be claimed with respect to the transaction is substantially in excess of the present value of the anticipated economic returns of the person lending the money or providing the financial capital. A public offering shall be treated as a borrowing, or an acquisition of financial capital, from a tax- indifferent party if it is reasonably expected that at least 50 percent of the offering will be placed with tax-indifferent parties. ``(B) Artificial income shifting and basis adjustments.--The form of a transaction with a tax- indifferent party shall not be respected if-- ``(i) it results in an allocation of income or gain to the tax-indifferent party in excess of such party's economic income or gain, or ``(ii) it results in a basis adjustment or shifting of basis on account of overstating the income or gain of the tax-indifferent party. ``(3) Definitions and special rules.--For purposes of this subsection-- ``(A) Economic substance doctrine.--The term `economic substance doctrine' means the common law doctrine under which tax benefits under subtitle A with respect to a transaction are not allowable if the transaction does not have economic substance or lacks a business purpose. ``(B) Tax-indifferent party.--The term `tax- indifferent party' means any person or entity not subject to tax imposed by subtitle A. A person shall be treated as a tax-indifferent party with respect to a transaction if the items taken into account with respect to the transaction have no substantial impact on such person's liability under subtitle A. ``(C) Exception for personal transactions of individuals.--In the case of an individual, this subsection shall apply only to transactions entered into in connection with a trade or business or an activity engaged in for the production of income. ``(D) Treatment of lessors.--In applying paragraph (1)(B)(ii) to the lessor of tangible property subject to a lease-- ``(i) the expected net tax benefits with respect to the leased property shall not include the benefits of-- ``(I) depreciation, ``(II) any tax credit, or ``(III) any other deduction as provided in guidance by the Secretary, and ``(ii) subclause (II) of paragraph (1)(B)(ii) shall be disregarded in determining whether any of such benefits are allowable. ``(4) Other common law doctrines not affected.--Except as specifically provided in this subsection, the provisions of this subsection shall not be construed as altering or supplanting any other rule of law, and the requirements of this subsection shall be construed as being in addition to any such other rule of law. ``(5) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection. Such regulations may include exemptions from the application of this subsection.''. (b) Effective Date.--The amendments made by this section shall apply to transactions entered into after the date of the enactment of this Act. SEC. 4. PENALTY FOR UNDERSTATEMENTS ATTRIBUTABLE TO TRANSACTIONS LACKING ECONOMIC SUBSTANCE, ETC. (a) In General.--Subchapter A of chapter 68 is amended by inserting after section 6662A the following new section: ``SEC. 6662B. PENALTY FOR UNDERSTATEMENTS ATTRIBUTABLE TO TRANSACTIONS LACKING ECONOMIC SUBSTANCE, ETC. ``(a) Imposition of Penalty.--If a taxpayer has an noneconomic substance transaction understatement for any taxable year, there shall be added to the tax an amount equal to 40 percent of the amount of such understatement. ``(b) Reduction of Penalty for Disclosed Transactions.--Subsection (a) shall be applied by substituting `20 percent' for `40 percent' with respect to the portion of any noneconomic substance transaction understatement with respect to which the relevant facts affecting the tax treatment of the item are adequately disclosed in the return or a statement attached to the return. ``(c) Noneconomic Substance Transaction Understatement.--For purposes of this section-- ``(1) In general.--The term `noneconomic substance transaction understatement' means any amount which would be an understatement under section 6662A(b)(1) if section 6662A were applied by taking into account items attributable to noneconomic substance transactions rather than items to which section 6662A would apply without regard to this paragraph. ``(2) Noneconomic substance transaction.--The term `noneconomic substance transaction' means any transaction if-- ``(A) there is a lack of economic substance (within the meaning of section 7701(o)(1)) for the transaction giving rise to the claimed benefit or the transaction was not respected under section 7701(o)(2), or ``(B) the transaction fails to meet the requirements of any similar rule of law. ``(d) Rules Applicable to Compromise of Penalty.-- ``(1) In general.--If the 1st letter of proposed deficiency which allows the taxpayer an opportunity for administrative review in the Internal Revenue Service Office of Appeals has been sent with respect to a penalty to which this section applies, only the Commissioner of Internal Revenue may compromise all or any portion of such penalty. ``(2) Applicable rules.--The rules of paragraphs (2) and (3) of section 6707A(d) shall apply for purposes of paragraph (1). ``(e) Coordination With Other Penalties.--Except as otherwise provided in this part, the penalty imposed by this section shall be in addition to any other penalty imposed by this title. ``(f) Cross References.-- ``(1) For coordination of penalty with understatements under section 6662 and other special rules, see section 6662A(e). ``(2) For reporting of penalty imposed under this section to the Securities and Exchange Commission, see section 6707A(e).''. (b) Coordination With Other Understatements and Penalties.-- (1) The second sentence of section 6662(d)(2)(A) is amended by inserting ``and without regard to items with respect to which a penalty is imposed by section 6662B'' before the period at the end. (2) Subsection (e) of section 6662A is amended-- (A) in paragraph (1), by inserting ``and noneconomic substance transaction understatements'' after ``reportable transaction understatements'' both places it appears, (B) in paragraph (2)(A), by inserting ``and a noneconomic substance transaction understatement'' after ``reportable transaction understatement'', (C) in paragraph (2)(B), by inserting ``6662B or'' before ``6663'', (D) in paragraph (2)(C)(i), by inserting ``or section 6662B'' before the period at the end, (E) in paragraph (2)(C)(ii), by inserting ``and section 6662B'' after ``This section'', (F) in paragraph (3), by inserting ``or noneconomic substance transaction understatement'' after ``reportable transaction understatement'', and (G) by adding at the end the following new paragraph: ``(4) Noneconomic substance transaction understatement.-- For purposes of this subsection, the term `noneconomic substance transaction understatement' has the meaning given such term by section 6662B(c).''. (3) Subsection (e) of section 6707A is amended-- (A) by striking ``or'' at the end of subparagraph (B), and (B) by striking subparagraph (C) and inserting the following new subparagraphs: ``(C) is required to pay a penalty under section 6662B with respect to any noneconomic substance transaction, or ``(D) is required to pay a penalty under section 6662(h) with respect to any transaction and would (but for section 6662A(e)(2)(C)) have been subject to penalty under section 6662A at a rate prescribed under section 6662A(c) or under section 6662B,''. (c) Clerical Amendment.--The table of sections for part II of subchapter A of chapter 68 is amended by inserting after the item relating to section 6662A the following new item: ``Sec. 6662B. Penalty for understatements attributable to transactions lacking economic substance, etc.''. (d) Effective Date.--The amendments made by this section shall apply to transactions entered into after the date of the enactment of this Act.

Nonitemizer Real Property Tax Deduction Act of 2006 - Amends the Internal Revenue Code to: (1) increase the standard tax deduction for taxpayers who do not itemize tax deductions by $500 ($1,000 for joint returns) of the real property taxes paid or accrued by such taxpayers in a taxable year; (2) define economic substance for purposes of evaluating tax shelter transactions; and (3) impose a penalty for understatements of tax liability resulting from transactions lacking economic substance.

A bill to amend the Internal Revenue Code of 1986 to provide an additional standard deduction for real property taxes for nonitemizers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oral Health Initiative Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The first-ever Surgeon General's report on oral health, released in May 2000, identified a ``silent epidemic'' of dental and oral diseases that burdens some population groups, and calls for a national partnership to provide opportunities for individuals, communities, and the health professions to work together to maintain and improve the nation's oral health. (2) The Government Accountability Office has determined that dental disease is a chronic problem among many low-income and other vulnerable populations. (3) The National Institutes of Health 2001 Consensus Development Conference on Diagnosis and Management of Dental Caries Throughout Life found that dental decay is the most common chronic childhood disease among children in the United States. (4) Research in the American Journal of Preventive Medicine determined that dental disease affects 1 in 5 children aged 2 to 4, half of those aged 6 to 8, and nearly three-fifths of 15 year olds. (5) ``Oral Health in America: A Report of the Surgeon General'' published in April 2002 found that tooth decay is 5 times more common than asthma among school age children. (6) In 2005, the Centers for Disease Control and Prevention estimated that 43 percent of black children have untreated tooth decay in permanent teeth, and that children living in poverty suffer twice as much tooth decay as middle and upper income children. (7) The American Academy of Pediatric Dentistry has reported that 80 percent of all dental problems are found in 25 percent of children, primarily those from lower-income families. (8) Researchers have determined that preventive dental interventions, including early and routine preventive care, fluoridation, and sealants are cost effective in reducing disease and associated expenditures. (9) A broad array of programs exists, totaling more than $45,000,000 annually, excluding National Institutes of Health research of $300,000,000 a year and Medicaid and SCHIP funding of $4,700,000,000 a year, within several agencies of the Department of Health and Human Services to address oral health needs, yet serious access problems remain for underserved populations. (10) The 110th Congress has recognized the importance of dental care by adding a guaranteed dental benefit to the Children's Health Insurance Program Reauthorization Act of 2007. (11) The Senate Budget Resolution for fiscal year 2009 supports funding for improved access to oral health care in the United States. SEC. 3. PURPOSE. It is the purpose of this Act to establish a multi-faceted approach to improve access and eliminate disparities in oral health care. SEC. 4. ORAL HEALTH WORKING GROUP. (a) Establishment.--Not later than 60 days after the effective date of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish within the Office of the Secretary an Oral Health Working Group (referred to in this Act as the ``Group'') to review the effectiveness of, and recommend improvements to, existing Federal oral health programs, and develop programs to improve the oral health of, and prevent dental disease in, children, Medicaid-eligible adults, medically-compromised adults, and other vulnerable populations who are among those Americans at highest risk of dental disease. (b) Composition.--The Group shall be composed of a representative from each of the following: (1) The Agency for Healthcare Research and Quality. (2) The Bureau of Primary Health Care. (3) The Bureau of Health Professions. (4) The Centers for Disease Control and Prevention. (5) The Centers for Medicare & Medicaid Services. (6) The HIV-AIDS Bureau. (7) The Indian Health Service. (8) The Maternal and Child Health Bureau. (9) The National Institute of Dental and Craniofacial Research. (10) The Office of Minority Health and Health Disparities. (11) The Office of Disability. (12) The Office of Head Start. (13) Any other offices or divisions as determined appropriate by the Secretary. (c) Duties.--The group shall-- (1) review existing oral health programs and policies within the Department of Health and Human Services, including-- (A) oral health provider training programs; (B) the availability of access to oral health care under such programs (such as community health center access); (C) oral health disease tracking trends; and (D) oral health research programs; (2) identify duplicative or overlapping oral health programs; (3) identify opportunities for new oral health programs; (4) make recommendations for the improved coordination of oral health programs; (5) make recommendations on spending for oral health care programs in each of the agencies of the Department of Health and Human Services; (6) evaluate the adequacy of Federal support for State oral health programs; (7) make recommendations for improvements to the financing of oral health care; (8) make recommendations for monitoring and evaluating the quality of dental care financed with Federal funds; (9) identify efforts to cost-effectively prevent and manage dental disease in low-income and high-risk populations; and (10) carry out any other activities determined appropriate by the Secretary. (d) Advisory Panel.-- (1) Establishment.--The Secretary shall establish an advisory panel to provide advice and recommendations to the Group in carrying out subsection (d). (2) Composition.--The advisory panel shall be composed of an appropriate number of individuals to be appointed by the Secretary, and shall include-- (A) a dentist; (B) a pediatric dentist; (C) a dental educator; (D) a State Medicaid or State Children's Health Insurance Program dental director; (E) a dentist who serves as a State dental director; (F) a dentist who practices in a federally qualified health center; (G) an allied dental practitioner; (H) a dental insurer; and (I) any other entity determined appropriate by the Secretary. (3) Requirements.--In making appointments to the advisory panel under paragraph (2), the Secretary shall ensure-- (A) a broad geographic representation of members and a balance between urban and rural members; (B) that members are appointed based on their competence, interest, and knowledge of the mission of dentistry; and (C) an adequate representation of minorities. (4) Terms.--A member of the advisory panel shall be appointed for a term of 2 years. (5) Vacancies.--A vacancy on the advisory panel shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. An individual appointed to fill a vacancy shall be appointed for the unexpired term of the member being replaced. (6) Meetings.--The advisory panel shall meet not less than 2 times each year. Such meetings shall be held jointly with other meetings related to the oral health initiative under this Act when appropriate. (7) Compensation.--Each member of the advisory panel shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the panel. (8) Expenses.--Members of the advisory panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the panel. (9) PACA.--The Federal Advisory Committee Act shall apply to the advisory panel under this subsection only to the extent that the provisions of such Act do not conflict with the requirements of this subsection. (e) Reports.--Not later than December 31, 2010, and each December 31 thereafter, the Group shall submit to the Secretary and the appropriate committees of Congress, a report concerning the findings and recommendations of the Group under subsection (c). (f) Authorization of Appropriations.--There is authorized to be appropriated, such sums as may be necessary in each fiscal year to carry out this Act. SEC. 5. EFFECTIVE DATE. This Act shall take effect on February 1, 2009.

Oral Health Initiative Act of 2008 - Requires the Secretary of Health and Human Services to establish an Oral Health Working Group to: (1) review the effectiveness of, and recommend improvements to, existing federal oral health programs; and (2) develop programs to improve the oral health of, and prevent dental disease in, children, Medicaid-eligible adults, medically-compromised adults, and other vulnerable populations at the highest risk of dental disease. Sets forth duties for the Group, including to: (1) review existing oral health programs and policies within the Department of Health and Human Services (HHS); (2) identify opportunities for new programs; and (3) make recommendations for improvements to the financing of oral health care. Requires the Secretary to establish an advisory panel to provide advise and recommendations to the Group.

A bill to establish a multi-faceted approach to improve access and eliminate disparities in oral health care.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Building Code Administration Grant Act of 2008''. SEC. 2. GRANT PROGRAM AUTHORIZED. (a) Grant Authorization.--The Secretary of Housing and Urban Development shall provide grants to local building code enforcement departments. (b) Competitive Awards.--The Secretary shall award grants under subsection (a) on a competitive basis pursuant to the criteria set forth in section 6, but also taking into consideration the following: (1) The financial need of each building code enforcement department. (2) The benefit to the local jurisdiction of having an adequately funded building code enforcement department. (3) The demonstrated ability of each building code enforcement department to work cooperatively with other local code enforcement offices, health departments, and local prosecutorial agencies. (c) Maximum Amount.--The maximum amount of any grant awarded under this section shall not exceed $1,000,000. SEC. 3. REQUIRED ELEMENTS IN GRANT PROPOSALS. In order to be eligible for a grant under section 2, a local building code enforcement department shall submit to the Secretary the following: (1) A demonstration of the jurisdiction's needs in executing building code enforcement administration. (2) A plan for the use of any funds received under this Act that addresses the needs discussed in paragraph (1) and that is consistent with the authorized uses established in section 4. (3) A plan for local governmental actions to be taken to establish and sustain local building code enforcement administration functions, without continuing Federal support, at a level at least equivalent to that proposed in the grant application. (4) A plan to create and maintain a program of public outreach that includes a regularly updated and readily accessible means of public communication, interaction, and reporting regarding the services and work of the local building code enforcement department to be supported by the grant. (5) A plan for ensuring the timely and effective administrative enforcement of building safety and fire prevention violations. SEC. 4. USE OF FUNDS; MATCHING FUNDS. (a) Authorized Uses.--Grants awarded under section 2 may be used by the grant recipient to supplement existing State or local funding for building code enforcement administration. Such funds may be used to increase staffing, provide staff training, increase staff competence and professional qualifications, support individual certification or departmental accreditation, or for capital expenditures specifically dedicated to the administration of the local building code enforcement department. (b) Additional Requirement.--Each local building code enforcement department receiving a grant under section 2 shall empanel a code administration and enforcement team consisting of at least 1 full-time building code enforcement officer, a city planner, and a health planner or similar officer. (c) Matching Funds Required.-- (1) In general.--To be eligible to receive a grant under this Act, a local building code enforcement department serving an area with a population of-- (A) over 50,000 shall provide matching, non-Federal funds in an amount equal to not less than 50 percent of the total amount of any grant to be awarded under this Act; (B) between 20,001 and 50,000 shall provide matching, non-Federal funds in an amount equal to not less than 25 percent of the total amount of any grant to be awarded under this Act; or (C) under 20,000 shall provide matching, non- Federal funds in an amount equal to not less than 12.5 percent of the total amount of any grant to be awarded under this Act. (2) Economic distress.-- (A) In general.--The Secretary may waive the matching fund requirements under paragraph (1), and institute, by regulation, new matching fund requirements based upon the level of economic distress of the local jurisdiction in which the local building code enforcement department seeking such grant is located. (B) Content of regulations.--Any regulations instituted under subparagraph (A) shall include-- (i) a method that allows for a comparison of the degree of economic distress among the local jurisdiction's of grant applicants, as measured by the differences in the extent of growth lag, the extent of poverty, and the adjusted age of housing in such jurisdiction; and (ii) any other factor determined to be relevant by the Secretary in assessing the comparative degree of economic distress among such local jurisdictions. (d) In-Kind Contributions.--In determining the non-Federal share required to be provided under subsection (c), the Secretary shall consider in-kind contributions, not to exceed 50 percent of the amount that the department contributes in non-Federal funds. (e) Waiver of Matching Requirement.--The Secretary shall waive the matching fund requirements under subsection (c) for any recipient jurisdiction that has legislatively dedicated all building code permitting fees to the conduct of local building code enforcement. SEC. 5. RATING AND RANKING OF APPLICATIONS. Eligible applications will be rated and ranked according to the criteria described in section 6. All complete applications will be compared to one another and points assigned on a continuum within each criteria with the maximum points awarded to the application that best meets the criteria. SEC. 6. CRITERIA. (a) Need and Community Benefit From Code Enforcement Grant Funds.-- The degree to which the application demonstrates the intent and means to ensure cooperative and effective working relationships between local building code enforcement officials and other local agencies, as well as a community-oriented approach to building code enforcement. ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- A detailed description of the capital expenditures to be acquired with 0-10 grant funds and a demonstration that the items' costs are reasonable. The jurisdiction's need for the capital expenditure and how the grant 0-10 funds will fulfill this need. The joint benefits provided by the proposed expenditure for the 0-5 following groups or activities. Provide a brief explanation of the benefit. (1 point will be awarded for each response, 5 points maximum). 1. Code enforcement program. 2. Community or jurisdiction. 3. Interdisciplinary code enforcement team. 4. Housing preservation, rehabilitation programs, or neighborhood improvement programs. 5. Special needs groups (disabled, elderly or low or very-low income, etc.). Does the proposed capital expenditure provide a cost savings benefit to 0-5 the jurisdiction? Provide a brief explanation of the cost savings. ---------------------------------------------------------------------------------------------------------------- (b) Current Code Enforcement and Housing Conservation Plan.--Has the local legislative body in which the applicant resides adopted a ``plan'' which addresses residential structure conservation and building code enforcement? From the following list, select 1 description that best reflects such jurisdiction's ``plan'' for building code enforcement activities. Points will be awarded as follows: ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- The plan provides for proactive code enforcement (not just responding to 10 complaints), an interdisciplinary approach, and includes funding options for repairs and rehabilitation. The plan only provides for proactive code enforcement (not just 8 responding to complaints) and calls for an interdisciplinary approach and does not address funding options for repairs and rehabilitation. The plan provides for some type of proactive code enforcement (other 6 than just responding to complaints) but doesn't address coordinated interdisciplinary activities with other local public agencies or funding options. The plan provides for only reactive code enforcement. 4 The plan only refers to a need to preserve and/or improve existing 2 housing stock, without any code enforcement program. No existing plan. 0 ---------------------------------------------------------------------------------------------------------------- (c) Community-Oriented or Interdisciplinary Code Enforcement.--The degree to which the application demonstrates the intent and means to ensure cooperative and effective working relationships between building code enforcement officials and other local agencies, as well as a community-oriented approach to code enforcement. ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- Identify current or proposed interdisciplinary code enforcement programs 0-10 or activities and the team members (example: code enforcement, police, local prosecutors, health department, building and planning, fire, etc.). Provide a description of the team's code enforcement and coordination procedures, activities and services provided. If the current programs or resources are limited in scope, explain how receipt of the grant will be used to improve the program. Identify current or proposed community-oriented code enforcement 0-10 programs, activities or services. (Examples: community clean-ups, Neighborhood Watch programs, community meetings, door-to-door code enforcement knock and talks, etc.). If the current programs or resources are limited in scope, explain how receipt of the grant will be used to improve the program. ---------------------------------------------------------------------------------------------------------------- (d) Proactive Code Enforcement Activities.--The effectiveness of the proposed or existing proactive activities and programs operated by any existing building code enforcement program. Describe such activities or programs, include any of the following: ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- Encourages repairs and preservation, rather than demolition or 0-5 abandonment, of substandard residences. Abatement of (a) lead hazards and lead-based paints, (b) toxic molds and 0-5 dampness, and (c) displacement or relocation of residents. Community clean-up campaigns. This may include recycling dates, free or 0-5 reduced disposal rates at dumpsite, public clean-up days that encourage removal of unwanted or excess debris by making available extra trash pick-ups, dumpsites or trash/recycling containers on specific dates to dispose of household debris, inoperable vehicles, tires, toxic materials, etc. Resource or referral programs for Federal, State, local, and private 0-5 funds and other resources available in your jurisdiction that can assist with housing rehabilitation and repairs to rectify code violations. Public education programs on housing issues. These could include 0-5 community housing meetings dealing with homeownership, tenant/landlord issues, housing code enforcement, school age children's programs with coloring books or handouts, housing safety pamphlets, etc. Programs that encourage community involvement with groups; such as 0-5. schools, church non-profits, community service groups, utility companies, local stores, housing agency banks, etc. ---------------------------------------------------------------------------------------------------------------- (e) Capacity To Financially and Technically Support Proposed Capital Expenditures.--The degree to which the application demonstrates the jurisdiction's financial and technical capacity to properly use and successfully support the proposed capital expenditure during the term of the grant. ---------------------------------------------------------------------------------------------------------------- Description Maximum Points ---------------------------------------------------------------------------------------------------------------- The anticipated ongoing program funding for the duration of the grant 0-5 program is adequate to financially support the use of the grant- financed equipment. Include details of funding and technical support sources for the capital expenditure (examples: insurance, paper, maintenance, training, supplies, personnel, monthly billing costs, etc.). The jurisdiction has the technical capabilities to use and support 0-5 equipment (examples: adequately trained staff or resources to provide training to operate technical equipment, local service provider for cell phones or 2-way radios, trained personnel to operate equipment, etc.). ---------------------------------------------------------------------------------------------------------------- SEC. 7. EVALUATION AND REPORT. (a) In General.--Grant recipients shall-- (1) be obligated to fully account and report for the use of all grants funds; and (2) provide a report to the Secretary on the effectiveness of the program undertaken by the grantee and any other criteria requested by the Secretary for the purpose of indicating the effectiveness of, and ideas for, refinement of the grant program. (b) Report.--The report required under subsection (a)(2) shall include a discussion of-- (1) the specific capabilities and functions in local building code enforcement administration that were addressed using funds received under this Act; (2) the lessons learned in carrying out the plans supported by the grant; and (3) the manner in which the programs supported by the grant are to be maintained by the grantee. (c) Content of Reports.--The Secretary shall-- (1) require each recipient of a grant under ths Act to file interim and final reports under subsection (b) to ensure that grant funds are being used as intended and to measure the effectiveness and benefits of the grant program; and (2) develop and maintain a means whereby the public can access such reports, at no cost, via the Internet. SEC. 8. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Building code enforcement department.--The term ``building code enforcement department'' means the building code inspection or enforcement agency of a local jurisdiction. (2) Jurisdiction.--The term ``jurisdiction'' means a city, county, parish, city and county authority, or city and parish authority having local authority to enforce building codes and regulations and collect fees for building permits. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $20,000,000 for each of fiscal years 2009 through 2013 to the Secretary of Housing and Urban Development to carry out the provisions of this Act. (b) Reservation.--From the amount made available under subsection (a), the Secretary may reserve not more than 5 percent for administrative costs. (c) Availability.--Any funds appropriated pursuant to subsection (a) shall remain available until expended. Passed the House of Representatives July 9, 2008. Attest: LORRAINE C. MILLER, Clerk.

Community Building Code Administration Grant Act of 2008 - Requires the Secretary of Housing and Urban Development to award $1 million grants, on a competitive basis and with federal matching funds, to qualified local building code enforcement departments to increase staffing, provide staff training, increase staff competence and professional qualifications, support individual certification or departmental accreditation, or for capital expenditures specifically dedicated to department administration. Allows the Secretary to waive specified non-federal matching fund requirements and to institute new ones, by regulation, based upon the level of economic distress of the local jurisdiction in which the local building code enforcement department seeking such grant is located. Sets forth criteria for rating and ranking of grant proposals. Authorizes appropriations for FY2009-FY2013.

To promote and enhance the operation of local building code enforcement administration across the country by establishing a competitive Federal matching grant program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower East Side Tenement National Historic Site Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) immigration, and the resulting diversity of cultural influences, is a key factor in defining American identity; the majority of United States citizens trace their ancestry to persons born in nations other than the United States; (2) the latter part of the 19th century and the early part of the 20th century marked a period in which the volume of immigrants coming to the United States far exceeded that of any time prior to or since that period; (3) no single identifiable neighborhood in the United States absorbed a comparable number of immigrants than the Lower East Side neighborhood of Manhattan in New York City; (4) the Lower East Side Tenement at 97 Orchard Street in New York City is an outstanding survivor of the vast number of humble buildings that housed immigrants to New York City during the greatest wave of immigration in American history; (5) the Lower East Side Tenement is owned and operated as a museum by the Lower East Side Tenement Museum; (6) the Lower East Side Tenement Museum is dedicated to interpreting immigrant life within a neighborhood long associated with the immigrant experience in the United States, New York's Lower East Side, and its importance to United States history; and (7) the National Park Service found the Lower East Side Tenement at 97 Orchard Street to be nationally significant; the Secretary of the Interior declared it a National Historic Landmark on April 19, 1994, and the National Park Service through a special resource study found the Lower East Side Tenement suitable and feasible for inclusion in the National Park System. (b) Purposes.--The purposes of this Act are-- (1) to ensure the preservation, maintenance, and interpretation of this site and to interpret at the site the themes of immigration, tenement life in the later half of the 19th century and the first half of the 20th century, the housing reform movement, and tenement architecture in the United States; (2) to ensure continued interpretation of the nationally significant immigrant phenomenon associated with New York City's Lower East Side and its role in the history of immigration to the United States; and (3) to enhance the interpretation of the Castle Clinton, Ellis Island, and Statue of Liberty National Monuments. SEC. 3. DEFINITIONS. As used in this Act: (1) Historic site.--The term ``historic site'' means the Lower East Side Tenement at 97 Orchard Street on Manhattan Island in New York City, New York, and designated as a national historic site by section 4. (2) Museum.--The term ``Museum'' means the Lower East Side Tenement Museum, a nonprofit organization established in New York City, which owns and operates the tenement building at 97 Orchard Street and manages other properties in the vicinity of 97 Orchard Street as administrative and program support facilities for 97 Orchard Street. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ESTABLISHMENT OF HISTORIC SITE. (a) Designation.--To further the purposes of this Act and the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.), the Lower East Side Tenement at 97 Orchard Street, in the City of New York, State of New York, is designated a national historic site. (b) Status as Affiliated Site.--The Lower East Side Tenement National Historic Site shall be an affiliated site of the National Park System. The Secretary shall coordinate the operation and interpretation of the historic site with that of the Lower East Side Tenement Historic Site and the Statue of Liberty, Ellis Island, and Castle Clinton National Monument, as the historic site's story and interpretation of the immigrant experience in the United States is directly related to the themes and purposes of these national Monuments. (c) Ownership and Operation.--The Lower East Side Tenement National Historic Site shall continue to be owned, operated, and managed by the Lower East Side Tenement Museum, a nonprofit institution. SEC. 5. MANAGEMENT OF THE SITE. (a) Cooperative Agreement.--The Secretary is authorized to enter into a cooperative agreement with the Lower East Side Tenement Museum to ensure the marking, interpretation, and preservation of the national historic site designated by this Act. (b) Assistance.--The Secretary is authorized to provide technical and financial assistance to the Lower East Side Tenement Museum to mark, interpret, and preserve the national historic site including the making of preservation-related capital improvements and repairs. (c) Management Plan.--The Secretary shall, working with the Lower East Side Tenement Museum, develop a general management plan for the historic site to define the National Park Service's roles and responsibilities with regard to the interpretation and the preservation of the national historic site. The plan shall also outline how interpretation and programming for the Lower East Side Tenement National Historic Site and the Statue of Liberty, Ellis Island, and Castle Clinton national monuments will be integrated and coordinated so as to enhance the stories at each of the 4 sites. Such plan shall be completed within 2 years after the enactment of this Act. (d) Savings Clause.--Nothing in this Act authorizes the Secretary to acquire the property at 97 Orchard Street or to assume overall financial responsibility for the operation, maintenance, or management of the Lower East Side Tenement National Historic Site. SEC. 6. APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Lower East Side Tenement National Historic Site Act of 1997 - Designates the Lower East Side Tenement at 97 Orchard Street, New York, New York, as a national historic site and an affiliated site of the National Park System. Requires the Secretary of the Interior to coordinate the operation and interpretation of the Site with that of the Lower East Side Tenement Historic Site, the Statue of Liberty, Ellis Island, and Castle Clinton National Monument. Provides that the Lower East Side Tenement Museum shall continue to own, operate, and manage the Site. Authorizes the Secretary to enter into a cooperative agreement with the Museum to ensure the marking, interpretation, and preservation of the Site. Requires the Secretary, working with the Museum, to develop a general management plan for the Site to: (1) define the National Park Service's roles and responsibilities with regard to the interpretation and the preservation of the Site; and (2) outline how interpretation and programming for the Lower East Side Tenement Historic Site, the Statue of Liberty, Ellis Island, and Castle Clinton National Monuments will be integrated and coordinated so as to enhance the stories at each of the four Sites. Authorizes appropriations.

Lower East Side Tenement National Historic Site Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Quality Assurance Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Department of Veterans Affairs administers the largest health care network in the United States, including 172 hospitals, 73 home care programs, more than 800 community-based outpatient clinics, and numerous other specialized care facilities. (2) There are approximately 25,000,000 veterans in the United States, including approximately 19,300,000 veterans of a period of war. (3) The number of veterans seeking medical care in Department medical facilities is increasing nationwide. (4) The fiscal year 1997 medical care caseload of the Department was 2,700,000. The fiscal year 1999 medical care caseload of the Department was projected to increase by 160,000 cases over the fiscal year 1998 caseload, and is projected to increase by an additional 54,000 cases in fiscal year 2000, resulting in a total caseload of 3,600,000 in fiscal year 2000. (5) The number of outpatient visits at Department medical facilities in fiscal year 2000 is projected to increase by 2,500,000 over the number of such visits in fiscal year 1999, to a total of 38,300,000 visits in fiscal year 2000. (6) The average age of veterans is increasing. The increase in the average age of veterans is expected to result in additional demands for health care services, including more frequent and long-term health needs. (7) The Department is attempting to meet increasing demand for medical care without substantial increases in appropriations, mainly through efforts to increase efficiency. (8) The need to treat more veterans without substantial increases in available resources has resulted in serious concerns about the potential for loss of quality of care and of patient satisfaction. (9) Many of the regional networks and hospitals administered by the Veterans Health Administration report that timely access to high quality health care may be jeopardized by inadequate funding. SEC. 3. SENSE OF CONGRESS ON MAXIMIZATION AND EFFICIENT USE OF HEALTH CARE RESOURCES BY THE DEPARTMENT OF VETERANS AFFAIRS. It is the sense of Congress that the Secretary of Veterans Affairs should-- (1) require the directors of the Department of Veterans Affairs health care networks to systematically share information on means of maximizing resources and increasing efficiency without compromising quality of care and patient satisfaction; (2) require exchange and mentoring programs among and between such networks in order to facilitate the sharing of such information; (3) provide incentives to such networks to increase efficiency and meet uniform quality and patient satisfaction goals; and (4) institute a formal oversight process to ensure that-- (A) all such networks meet uniform efficiency goals; and (B) efforts to increase efficiency are equitable between and among such networks and their facilities. SEC. 4. QUALITY ASSURANCE AUDITS BY INSPECTOR GENERAL OF THE DEPARTMENT OF VETERANS AFFAIRS. Section 312 of title 38, United States Code, is amended by adding at the end the following: ``(c)(1) In addition to the other responsibilities of the Inspector General under this section, the Inspector General shall also conduct an audit of the quality of health care furnished by each health care network, and by each health care facility, of the Department. ``(2) Each audit under paragraph (1) shall measure the following: ``(A) The quality of health care furnished by the Department. ``(B) The satisfaction of patients with the health care furnished by the Department. ``(C) Resource and financial management. ``(D) The extent to which the funds allocated to health care programs of the Department are adequate to support such programs. ``(3) An audit shall be conducted under paragraph (1) for each health care network, and for each health care facility, not less often than once every three years. ``(4) The Inspector General may make such recommendations to the Secretary regarding means of improving the quality of health care furnished to veterans as the Inspector General considers appropriate as a result of the audits under this subsection.''. SEC. 5. INFORMATION ON EFFICIENCY, QUALITY, AND PATIENT SATISFACTION IN PROVISION OF HEALTH CARE BY THE DEPARTMENT OF VETERANS AFFAIRS. (a) Dissemination and Sharing of Information on Efficient Provision of Health Care.--(1) The Secretary of Veterans Affairs, acting through the Under Secretary for Health of the Department of Veterans Affairs, shall provide for the dissemination and sharing within and among Department of Veterans Affairs health care networks of information designed to ensure that all Department medical care centers meet uniform efficiency standards in the provision of health care to veterans. (2) The Secretary shall meet the requirement in paragraph (1) through the publication of guidance materials and best practice summaries and by such other means as the Secretary considers appropriate. (b) Efficiency Goals and Quality and Patient Satisfaction Standards.--(1) The Secretary, acting through the Under Secretary for Health, shall issue on an annual basis efficiency goals and quality and patient satisfaction standards in the provision of health care to veterans for each Department health care facility. The efficiency goals and quality and patient satisfaction standards for each such facility shall be consistent with such goals and standards as the Secretary shall establish for the Department as a whole. (2)(A) The Secretary shall, on an annual basis, submit to Congress a report on the extent to which each Department health care facility met the efficiency goals and quality and patient satisfaction standards for such facility under paragraph (1) during the preceding year. (B) Each report under subparagraph (A) shall set forth a comparison between the performance of each Department health care facility with respect to the efficiency goals and quality and satisfaction standards for such facility for the year involved and the average performance of all Department health care facilities with respect to such goals and standards for such year. The comparison shall be stated in a manner which permits a clear and understandable comparison of the performance of each facility with the average performance of all such facilities. SEC. 6. OFFICE OF HEALTH CARE QUALITY ASSURANCE. (a) Establishment.--(1) Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following: ``Sec. 7322. Office of Health Care Quality Assurance ``(a) In General.--There shall be within the Department an office to be known as the `Office of Health Care Quality Assurance' (in this section referred to as the `Office'). The Office shall be located for administrative purposes within the Office of the Under Secretary for Health. ``(b) Director.--The head of the Office is the Director of Health Care Quality Assurance. ``(c) Staff and Support.--The Under Secretary for Health shall provide the Office with such staff and other support as may be necessary for the Office to carry out effectively its functions under this section. ``(d) Functions.--The functions of the Office are as follows: ``(1) To ensure the implementation of any recommendations of the Inspector General of the Department as a result of audits conducted by the Inspector General under section 312(c) of this title. ``(2) To collect and ensure the dissemination of information on initiatives, programs, policies, procedures, strategies, and best practices that have been proven to increase efficiency and resource utilization without undermining quality or patient satisfaction in the furnishing of health care to veterans. ``(3) To take such other actions relating to the assurance of quality in the furnishing of health care by the Veterans Health Administration as the Under Secretary for Health considers appropriate.''. (2) The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7321 the following new item: ``7322. Office of Health Care Quality Assurance.''. (b) Placement in Office of Under Secretary for Health.--Section 7306(a) of title 38, United States Code, is amended-- (1) by redesignating paragraph (9) as paragraph (10); and (2) by inserting after paragraph (8) the following new paragraph (9): ``(9) The Director of Health Care Quality Assurance, who shall be responsible to the Under Secretary for Health for the operation of the Office of Health Care Quality Assurance.''. (c) Sense of Congress on Director as Advocate for Veterans.--It is the sense of Congress that the Director of the Office of Health Care Quality Assurance should act as an advocate for veterans in carrying out activities under section 7322 of title 38, United States Code, as added by subsection (a). SEC. 7. REPORT ON EFFICIENCIES IN PROVISION OF HEALTH CARE BY THE DEPARTMENT OF VETERANS AFFAIRS. (a) Requirement.--Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on efficiencies in the furnishing of health care to veterans in the health care networks and facilities of the Department of Veterans Affairs. (b) Elements.--The report shall include the following: (1) A survey of each health care network of the Department, including a summary of the efforts of each network to increase efficiency in the furnishing of health care to veterans. (2) An assessment of the extent to which such networks, and the facilities within such networks, are or are not implementing uniform, Department-wide policies to increase efficiency in the furnishing of health care to veterans.

Requires the Department's Inspector General, at least every three years, to audit the quality of health care furnished by each Department health care network and facility. Directs the Secretary to provide for the dissemination and sharing with Department health care networks of information designed to ensure efficiency in the provision of health care to veterans. Requires the Secretary to: (1) annually issue efficiency goals and quality and patient satisfaction standards for each Department health care facility; and (2) report annually to Congress on the extent to which the Department met such goals and standards. Establishes within the Department the Office of Health Care Quality Assurance, headed by a Director, to ensure the establishment and implementation of efficiency goals and quality and patient satisfaction standards throughout the Department. Expresses the sense of Congress that such Director should act as an advocate for veterans in receiving quality health care. Requires a report from the Secretary to Congress on efficiencies in the furnishing of health care to veterans in Department health care networks and facilities.

Veterans Health Care Quality Assurance Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing America's Veterans Insurance Needs and Goals Act of 2010'' or the ``SAVINGS Act of 2010''. SEC. 2. FINANCIAL COUNSELING AND DISCLOSURE INFORMATION FOR SERVICEMEMBERS' GROUP LIFE INSURANCE BENEFICIARIES. (a) Financial Counseling and Disclosure Information.-- (1) In general.--Section 1966 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) In order to be an eligible life insurance company under this section, a life insurance company shall-- ``(A) make available, both orally and in writing, financial counseling to a beneficiary or other person otherwise entitled to payment upon the establishment of a valid claim under section 1970(a) of this title; and ``(B) at the time that such beneficiary or other person entitled to payment establishes a valid claim under section 1970(a) of this title, provide to such beneficiary or other person the disclosures described in paragraph (2). ``(2) The disclosures provided pursuant to paragraph (1)(B) shall-- ``(A) be provided both orally and in writing; and ``(B) include information with respect to the payment of the claim, including-- ``(i) an explanation of the methods available to receive such payment, including-- ``(I) receipt of a lump-sum payment; ``(II) allowing the insurance company to maintain the lump-sum payment; ``(III) receipt of thirty-six equal monthly installments; and ``(IV) any alternative methods; ``(ii) an explanation that any such payment that is maintained by the life insurance company or paid in thirty-six equal monthly installments by the company is not insured by the Federal Deposit Insurance Corporation; ``(iii) an explanation of the interest rate earned on any such payment that is maintained by the life insurance company or paid in thirty-six equal monthly installments by the company and how such rate compares to the interest rate earned by accounts at financial institutions, including demand accounts; and ``(iv) other relevant information. ``(3) In order to be an eligible life insurance company under this section, a life insurance company may not charge any fees to a beneficiary or other person otherwise entitled to payment upon the establishment of a valid claim under section 1970(a) of this title for any purpose, including for maintaining such payment with the company. ``(4) The Secretary shall include in each annual performance and accountability report submitted by the Secretary to Congress information concerning-- ``(A) the number of individuals who received financial counseling under paragraph (1)(A); ``(B) the number of individuals who received the disclosures under paragraph (1)(B); ``(C) the type of information received by such individuals during such counseling; and ``(D) any recommendations, complaints, or other information with respect to such counseling that the Secretary considers relevant.''. (2) Regulations.--The Secretary of Veterans Affairs shall prescribe regulations to carry out section 1966(e) of title 38, United States Code, as added by paragraph (1). (b) Office of Survivors Assistance.-- (1) Advisory role.--Subsection (b) of section 321 of such title is amended-- (A) by striking ``The Office'' and inserting ``(1) The Office''; and (B) by adding at the end the following: ``(2) The Director of the Office shall attend each meeting of the Advisory Council on Servicemembers' Group Life Insurance under section 1974 of this title.''. (2) Resources.--Subsection (d) of such section is amended-- (A) by striking ``The Secretary'' and inserting ``(1) The Secretary''; and (B) by adding at the end the following: ``(2) In carrying out paragraph (1), the Secretary shall ensure that the Office has the personnel necessary to serve as a resource to provide individuals described in paragraph (1) and (2) of subsection (a) with information on how to receive the Servicemembers' Group Life Insurance financial counseling pursuant to section 1966(e)(1) of this title.''. Passed the House of Representatives September 29, 2010. Attest: LORRAINE C. MILLER, Clerk.

Securing America's Veterans Insurance Needs and Goals Act of 2010 or SAVINGS Act of 2010 - Requires a life insurance company, in order to provide life insurance for veterans under the Servicemembers' Group Life Insurance program, to: (1) provide financial counseling to the beneficiary or other person entitled to payment upon the establishment of a valid claim; and (2) include full disclosure with respect to such payment, including specified information with respect to interest payable and the various methods of receiving payment(s). Prohibits a company from charging fees to a payee for maintaining such payment with the company. Directs the Secretary of Veterans Affairs (VA) to include in each annual performance and accountability report submitted to Congress information concerning individuals receiving the counseling and disclosures required under this Act. Requires: (1) the Director of the VA's Office of Survivor Assistance to attend each meeting of the Advisory Council on Servicemembers' Group Life Insurance; and (2) the Secretary to ensure that such Office has the necessary personnel to provide information on the receipt of such counseling.

To amend title 38, United States Code, to ensure that beneficiaries of Servicemembers' Group Life Insurance receive financial counseling and disclosure information regarding life insurance payments, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Women Veterans Health Care Improvement Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--STUDIES AND ASSESSMENTS OF DEPARTMENT OF VETERANS AFFAIRS HEALTH SERVICES FOR WOMEN VETERANS Sec. 101. Study of barriers for women veterans to health care from the Department of Veterans Affairs. Sec. 102. Comprehensive assessment of women's health care programs of the Department of Veterans Affairs. TITLE II--IMPROVEMENT AND EXPANSION OF HEALTH CARE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS FOR WOMEN VETERANS Sec. 201. Medical care for newborn children of women veterans receiving maternity care. Sec. 202. Training and certification for mental health care providers of the Department of Veterans Affairs on care for veterans suffering from sexual trauma and post-traumatic stress disorder. Sec. 203. Pilot program for provision of child care assistance to certain veterans receiving certain types of health care services at Department facilities. Sec. 204. Addition of recently separated women and minority veterans to serve on advisory committees. TITLE I--STUDIES AND ASSESSMENTS OF DEPARTMENT OF VETERANS AFFAIRS HEALTH SERVICES FOR WOMEN VETERANS SEC. 101. STUDY OF BARRIERS FOR WOMEN VETERANS TO HEALTH CARE FROM THE DEPARTMENT OF VETERANS AFFAIRS. (a) Study Required.--The Secretary of Veterans Affairs shall conduct a comprehensive study of the barriers to the provision of comprehensive health care by the Department of Veterans Affairs encountered by women who are veterans. In conducting the study, the Secretary shall-- (1) survey women veterans who seek or receive hospital care or medical services provided by the Department of Veterans Affairs as well as women veterans who do not seek or receive such care or services; (2) build on the work of the study of the Department of Veterans Affairs entitled ``National Survey of Women Veterans in Fiscal Year 2007-2008''; (3) administer the survey to a representative sample of women veterans from each Veterans Integrated Service Network; and (4) ensure that the sample of women veterans surveyed is of sufficient size for the study results to be statistically significant and is a larger sample than that of the study of the Department of Veterans Affairs entitled ``National Survey of Women Veterans in Fiscal Year 2007-2008''. (b) Elements of Study.--In conducting the study required by subsection (a), the Secretary of Veterans Affairs shall conduct research on the effects of the following on the women veterans surveyed in the study: (1) The perceived stigma associated with seeking mental health care services. (2) The effect of driving distance or availability of other forms of transportation to the nearest medical facility on access to care. (3) The availability of child care. (4) The acceptability of integrated primary care, women's health clinics, or both. (5) The comprehension of eligibility requirements for, and the scope of services available under, hospital care and medical services. (6) The perception of the personal safety and comfort of women veterans in inpatient, outpatient, and behavioral health facilities of the Department. (7) The gender sensitivity of health care providers and staff to issues that particularly affect women. (8) The effectiveness of outreach for health care services available to women veterans. (9) The location and operating hours of health care facilities that provide services to women veterans. (10) Such other significant barriers as the Secretary of Veterans Affairs may identify. (c) Authority To Enter Into Contracts.--The Secretary of Veterans Affairs shall enter into a contract with a qualified independent entity or organization to carry out the studies and research required under this section. (d) Mandatory Review of Data by Certain Divisions Within the Department.-- (1) In general.--The Secretary of Veterans Affairs shall ensure that the head of each division of the Department of Veterans Affairs specified in paragraph (2) reviews the results of the study conducted under this section. The head of each such division shall submit findings with respect to the study to the Under Secretary for Health and to other pertinent program offices within the Department of Veterans Affairs with duties relating to health care services for women veterans. (2) Specified divisions of the department.--The divisions of the Department of Veterans Affairs specified in this paragraph are-- (A) the Center for Women Veterans, established under section 318 of title 38, United States Code; and (B) the Advisory Committee on Women Veterans, established under section 542 of title 38, United States Code. (e) Reports.-- (1) Report on implementation.--Not later than 6 months after the date on which the Department of Veterans Affairs publishes a final report on the study entitled ``National Survey of Women Veterans in Fiscal Year 2007-2008'', the Secretary of Veterans Affairs shall submit to Congress a report on the status of the implementation of the section. (2) Report on study.--Not later than 30 months after the date on which the Department publishes such final report, the Secretary of Veterans Affairs shall submit to Congress a report on the study required under this section. The report shall include recommendations for such administrative and legislative action as the Secretary of Veterans Affairs determines to be appropriate. The report shall also include the findings of the head of each specified division of the Department and of the Under Secretary for Health. (f) Definition of Facility of the Department.--In this section the term ``facility of the Department'' has the meaning given that term in section 1701(3) of title 38, United States Code. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs $4,000,000 to carry out this section. SEC. 102. COMPREHENSIVE ASSESSMENT OF WOMEN'S HEALTH CARE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--The Secretary of Veterans Affairs shall conduct a comprehensive assessment of all health care services and programs provided by the Department of Veterans Affairs for the health care needs of women veterans. Such comprehensive assessment shall include assessments of specialized programs for women with post-traumatic stress disorder, for women who are homeless, for women who require care for substance abuse or mental illnesses, and for women who require obstetric and gynecologic care. (b) Specific Matters Studied.-- (1) Identification of programs.--For each medical facility of the Department of Veterans Affairs, the Secretary of Veterans Affairs shall identify each of the following types of programs for women veterans provided by the Department and determine whether effective health care services, including evidenced-based health care services, are readily available to and easily accessed by women veterans: (A) Health promotion programs, including reproductive health promotion programs. (B) Disease prevention programs. (C) Health care programs. (2) Identification of relevant issues.--In making such determination, the Secretary of Veterans Affairs shall identify, for each medical facility of the Department of Veterans Affairs-- (A) the frequency with which such services are available and provided, (B) the demographics of the women veterans population, (C) the sites where such services are available and provided, and (D) whether, and to what extent, waiting lists, geographic distance, and other factors obstruct the receipt of any of such services at any such site. (c) Authority To Enter Into a Contract.--The Secretary of Veterans Affairs shall enter into a contract with a qualified independent entity or organization to carry out the studies and research required under this section. (d) Development of Plan To Improve Services.-- (1) Plan required.--After conducting the comprehensive assessment required by subsection (a), the Secretary of Veterans Affairs shall develop a plan to improve the provision of health care services to women veterans and to project the future health care needs, including the mental health care needs of women serving in the combat theaters of Operation Enduring Freedom and Operation Iraqi Freedom. (2) List of services.--In developing the plan under this subsection, the Secretary of Veterans Affairs shall list the types of services available for women veterans at each medical center of the Department. (e) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the assessment conducted pursuant to subsection (a) and the plan required under subsection (d). The report shall include recommendations for such administrative and legislative action as the Secretary of Veterans Affairs determines to be appropriate. (f) GAO Report.--Not later than 6 months after the date on which the Secretary of Veterans Affairs submits the report required under subsection (e), the Comptroller General shall submit to Congress a report containing the findings of the Comptroller General with respect to the report of the Secretary, which may include such recommendations for administrative or legislative actions as the Comptroller General determines to be appropriate. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs $5,000,000 to carry out this section. TITLE II--IMPROVEMENT AND EXPANSION OF HEALTH CARE PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS FOR WOMEN VETERANS SEC. 201. MEDICAL CARE FOR NEWBORN CHILDREN OF WOMEN VETERANS RECEIVING MATERNITY CARE. (a) Newborn Care.--Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1786. Hospital care and medical services for newborn children of women veterans receiving maternity care ``In the case of a child of a woman veteran who is receiving hospital care or medical services at a Department facility (or in another facility pursuant to a contract entered into by the Secretary) relating to the birth of that child, the Secretary may furnish hospital care and medical services to that child at that facility during the seven-day period beginning on the date of the birth of the child.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1785 the following new item: ``1786. Hospital care and medical services for newborn children of women veterans receiving maternity care.''. SEC. 202. TRAINING AND CERTIFICATION FOR MENTAL HEALTH CARE PROVIDERS OF THE DEPARTMENT OF VETERANS AFFAIRS ON CARE FOR VETERANS SUFFERING FROM SEXUAL TRAUMA AND POST-TRAUMATIC STRESS DISORDER. Section 1720D of title 38, United States Code, is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsections: ``(d) The Secretary shall carry out a program to provide graduate medical education, training, certification, and continuing medical education for mental health professionals who provide counseling, care, and services under subsection (a). In carrying out such program, the Secretary shall ensure that all such mental health professionals have been trained in a consistent manner and that such training includes principles of evidence-based treatment and care for sexual trauma and post-traumatic stress disorder. ``(e) The Secretary shall submit to Congress an annual report on the counseling, care, and services provided to veterans pursuant to this section. Each report shall include data for the year covered by the report with respect to each of the following: ``(1) The number of mental health professionals, graduate medical education trainees, and primary care providers who have been certified under the program required by subsection (d) and the amount and nature of continuing medical education provided under such program to such professionals, trainees, and providers who are so certified. ``(2) The number of women veterans who received counseling and care and services under subsection (a) from professionals and providers who received training under subsection (d). ``(3) The number of graduate medical education, training, certification, and continuing medical education courses provided by reason of subsection (d). ``(4) The number of trained full-time equivalent employees required in each facility of the Department to meet the needs of veterans requiring treatment and care for sexual trauma and post-traumatic stress disorder. ``(5) Any recommended improvements for treating women veterans with sexual trauma and post-traumatic stress disorder. ``(6) Such other information as the Secretary determines to be appropriate.''. SEC. 203. PILOT PROGRAM FOR PROVISION OF CHILD CARE ASSISTANCE TO CERTAIN VETERANS RECEIVING CERTAIN TYPES OF HEALTH CARE SERVICES AT DEPARTMENT FACILITIES. (a) In General.-- (1) Pilot program required.--Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a two-year pilot program under which, subject to paragraph (2), the Secretary shall provide child care assistance to a qualified veteran child care needed by the veteran during the period of time described in paragraph (3). (2) Form of child care assistance.--Child care assistance under this section may include-- (A) stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program); (B) the development of partnerships with private agencies; (C) collaboration with facilities or programs of other Federal departments or agencies; and (D) the arrangement of after-school care. (3) Period of time.--Child care assistance under the pilot program may only be provided for the period of time that the qualified veteran-- (A) receives a health care service referred to in paragraph (4) at a facility of the Department; and (B) requires to travel to and return from such facility for the receipt of such health care service. (4) Qualified veteran defined.--In this section, the term ``qualified veteran'' means a veteran who is the primary caretaker of a child and who is receiving from the Department of Veterans Affairs one or more of the following health care services: (A) Regular mental health care services. (B) Intensive mental health care services. (C) Any other intensive health care services for which the Secretary determines that the provision of child care would improve access by qualified veterans. (5) Location of pilot program.--The Secretary shall carry out the pilot program at no fewer than three Veterans Integrated Service Networks. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs $1,500,000 for each of fiscal years 2010 and 2011 to carry out the pilot program under this section. (c) Report.--Not later than six months after the completion of the pilot program, the Secretary shall submit to Congress a report on the pilot program and shall include recommendations for the continuation or expansion of the pilot program. SEC. 204. ADDITION OF RECENTLY SEPARATED WOMEN AND MINORITY VETERANS TO SERVE ON ADVISORY COMMITTEES. (a) Advisory Committee on Women Veterans.--Subsection (a)(2)(A) of section 542 of title 38, United States Code, is amended-- (1) by striking ``and'' at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ``; and''; and (3) by inserting after clause (iii) the following new clause: ``(iv) women who are recently separated veterans.''. (b) Advisory Committee on Minority Veterans.--Subsection (a)(2)(A) of section 544 of title 38, United States Code, is amended-- (1) by striking ``and'' at the end of clause (iii); (2) by striking the period at the end of clause (iv) and inserting ``; and''; and (3) by inserting after clause (iv) the following new clause: ``(v) recently separated veterans who are minority group members.''. (c) Effective Date.--The amendments made by this section shall first apply to appointments made on or after the date of the enactment of this Act. Passed the House of Representatives June 23, 2009. Attest: LORRAINE C. MILLER, Clerk.

Women Veterans Health Care Improvement Act - Title I: Studies and Assessments of Department of Veterans Affairs Health Services for Women Veterans - (Sec. 101) Requires the Secretary of Veterans Affairs (VA) to: (1) conduct a study of barriers encountered by women veterans to the provision by the VA of comprehensive health care; (2) ensure that the Center for Women Veterans and the Advisory Committee on Women Veterans review the results of the study; and (3) report to Congress on study results and the implementation of recommendations. (Sec. 102) Directs the Secretary to: (1) conduct a comprehensive assessment of all health care services and programs provided by the VA for women veterans; (2) identify relevant issues concerning such services and programs with respect to each VA medical facility; (3) develop a plan to improve the provision of health care services to women veterans and to project their future health care needs; and (4) report to Congress on the assessment and plan. Requires a report from the Comptroller General to Congress reviewing the report of the Secretary. Authorizes appropriations. Title II: Improvement and Expansion of Health Care Programs of the Department of Veterans Affairs for Women Veterans - (Sec. 201) Authorizes the Secretary to furnish hospital care and medical services to a newborn child of a woman veteran receiving VA maternity care for up to seven days after the birth of the child. (Sec. 202) Directs the Secretary to: (1) provide graduate medical education, training, certification, and continuing medical education for mental health professionals who provide counseling, care, and services to women veterans suffering from sexual trauma and post-traumatic stress disorder (PTSD); and (2) report annually to Congress on the counseling, care, and services provided. (Sec. 203) Directs the Secretary to: (1) carry out a two-year pilot program of child care assistance for women veterans receiving certain mental health or other intensive health care services at VA facilities; (2) carry out the program in at least three Veterans Integrated Service Network facilities; and (3) report to Congress on the pilot program. Authorizes appropriations. (Sec. 204) Requires: (1) women veterans recently separated from service to be included on the Advisory Committee on Women Veterans; and (2) recently separated minority veterans to be included on the Advisory Committee on Minority Veterans.

To amend title 38, United States Code, to expand and improve health care services available to women veterans, especially those serving in Operation Enduring Freedom and Operation Iraqi Freedom, from the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Agency Environmental Responsibility Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. short title; table of contents. TITLE I--FEDERAL AGENCY ENVIRONMENTAL RESPONSIBILITY Sec. 101. Declaration of policy. Sec. 102. Agency goals. Sec. 103. Duties of heads of agencies. Sec. 104. Additional duties of the chairman of the Council on Environmental Quality. Sec. 105. Duties of the Director of the Office of Management and Budget. Sec. 106. Duties of the Federal Environmental Executive. Sec. 107. Limitations. Sec. 108. Exemption authority. Sec. 109. General provisions. Sec. 110. Energy efficient standby power devices. Sec. 111. Public utility contracting authority. Sec. 112. Project costs for energy innovations. Sec. 113. Definitions. TITLE II--ENERGY EFFICIENT LIGHTING Sec. 201. Statement of purpose. Sec. 202. Replacement of low energy efficient bulbs. Sec. 203. Disposal plan. Sec. 204. Progress report. Sec. 205. Working with industry. Sec. 206. Definitions. TITLE I--FEDERAL AGENCY ENVIRONMENTAL RESPONSIBILITY SEC. 101. DECLARATION OF POLICY. The Congress finds and declares that it is the policy of the United States that Federal agencies conduct their environmental, transportation, and energy-related activities under the law in support of their respective missions in an environmentally, economically and fiscally sound, integrated, continuously improving, efficient, and sustainable manner. SEC. 102. AGENCY GOALS. The head of each agency shall-- (1) improve energy efficiency and reduce greenhouse gas emissions of the agency, through reduction of energy intensity by-- (A) 3 percent annually through the end of fiscal year 2014; or (B) 30 percent by the end of fiscal year 2014, relative to the baseline of the agency's energy use in fiscal year 2003; (2) ensure that-- (A) at least half of the statutorily required renewable energy consumed by the agency in a fiscal year comes from new renewable sources; and (B) to the extent feasible, the agency implements renewable energy generation projects on agency property for agency use; (3) beginning in fiscal year 2008, reduce water consumption intensity, relative to the baseline of the agency's water consumption in fiscal year 2007 and including both indoor and outdoor consumption, through life-cycle cost-effective measures by 2 percent annually through the end of fiscal year 2014 or 16 percent by the end of fiscal year 2014; (4) require in agency acquisitions of goods and services-- (A) the use of sustainable environmental practices, including acquisition of biobased, environmentally preferable, energy-efficient, water-efficient, and recycled-content products; and (B) the use of paper that has at least 30 percent post-consumer fiber content; (5) ensure that the agency-- (A) reduces the quantity of toxic and hazardous chemicals and materials acquired, used, or disposed of by the agency; (B) increases diversion of solid waste as appropriate; and (C) maintains cost-effective waste prevention and recycling programs in its facilities; (6) ensure that if the agency operates a fleet of at least 20 motor vehicles, the agency, relative to agency baselines for fiscal year 2005-- (A) reduces the fleet's total consumption of petroleum products by 2 percent annually through the end of fiscal year 2014; (B) increases the total fuel consumption that is non-petroleum-based by 10 percent annually; and (C) uses plug-in hybrid vehicles when such vehicles are commercially available at a cost reasonably comparable, on the basis of life-cycle cost, to other vehicles; and (8) ensure that the agency-- (A) when acquiring an electronic product to meet its requirements, meets at least 95 percent of those requirements with an electronic product that is registered for the Electronic Product Environmental Assessment Tool, unless there is no Electronic Product Environmental Assessment Tool standard for such product; (B) enables the Energy Star feature on agency computers and monitors; (C) establishes and implements policies to extend the useful life of agency electronic equipment; and (D) uses environmentally sound practices with respect to disposition of agency electronic equipment that has reached the end of its useful life. SEC. 103. DUTIES OF HEADS OF AGENCIES. The head of each agency shall-- (1) implement sustainable practices within the agency for-- (A) energy efficiency, greenhouse gas emissions avoidance or reduction, and petroleum products use reduction; (B) renewable energy, including bioenergy; (C) water conservation; (D) acquisition; (E) pollution and waste prevention and recycling; (F) reduction or elimination of acquisition and use of toxic or hazardous chemicals; (G) high performance construction, lease, operation, and maintenance of buildings; (H) vehicle fleet management; and (I) electronic equipment management; (2) implement within the agency environmental management systems at all appropriate organizational levels to ensure-- (A) the use of environmental management systems as the primary management approach for addressing environmental aspects of internal agency operations and activities, including environmental aspects of energy and transportation functions; (B) establishment of agency objectives and targets to ensure implementation of this title; and (C) collection, analysis, and reporting of information to measure performance in the implementation of this title; (3) establish within the agency programs for-- (A) environmental management training; (B) environmental compliance review and audit; and (C) leadership awards to recognize outstanding environmental, energy, or transportation management performance in the agency; (4) within 30 days after the date of enactment of this Act-- (A) designate a senior civilian officer of the United States, compensated annually in an amount at or above the amount payable at level IV of the Executive Schedule, to be responsible for implementation of this title within the agency; (B) report such designation to the Director of the Office of Management and Budget and the Chairman of the Council on Environmental Quality; and (C) assign the designated official the authority and duty-- (i) to monitor and report to the head of the agency on agency activities to carry out paragraphs (1) and (2) of this subsection; and (ii) to perform such other duties relating to the implementation of this title within the agency as the head of the agency deems appropriate; (5) ensure that contracts entered into after the date of enactment of this Act for contractor operation of government- owned facilities or vehicles require the contractor to comply with the provisions of this title with respect to such facilities or vehicles to the same extent as the agency would be required to comply if the agency operated the facilities or vehicles; (6) ensure that agreements, permits, leases, licenses, or other legally-binding obligations between the agency and a tenant or concessionaire entered into after the date of enactment of this Act, to the extent the head of the agency determines appropriate, that the tenant or concessionaire take actions relating to matters within the scope of the contract that facilitate the agency's compliance with the requirements of this section; (7) provide reports on agency implementation of this title to the Chairman of the Council on such schedule and in such format as the Chairman of the Council may require; and (8) provide information and assistance to the Director of the Office of Management and Budget, the Chairman of the Council, and the Federal Environmental Executive. SEC. 104. ADDITIONAL DUTIES OF THE CHAIRMAN OF THE COUNCIL ON ENVIRONMENTAL QUALITY. The Chairman of the Council on Environmental Quality-- (1)(A) shall establish a Steering Committee on Strengthening Federal Environmental, Energy, and Transportation Management to advise the Director of the Office of Management and Budget and the Chairman of the Council on the performance of their functions under this title that shall consist exclusively of-- (i) the Federal Environmental Executive, who shall chair, convene, and preside at meetings of, determine the agenda of, and direct the work of, the Steering Committee; and (ii) the senior officials designated under section 103(4)(A); and (B) may establish subcommittees of the Steering Committee, to assist it in developing its advice on particular subjects; (2) may, after consultation with the Director of the Office of Management and Budget and the Steering Committee, issue instructions to implement this title, other than instructions within the authority of the Director to issue under section 105; and (3) shall administer a presidential leadership award program to recognize exceptional and outstanding environmental, energy, or transportation management performance and excellence in agency efforts to implement this title. SEC. 105. DUTIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET. In implementing the policy of this title, the Director of the Office of Management and Budget shall, after consultation with the Chairman of the Council and the Steering Committee, issue instructions to the heads of agencies concerning-- (1) the periodic evaluation of agency implementation of this title; (2) budget and appropriations matters relating to implementation of this title; (3) implementation of section 102(4) of this title; and (4) amendments of the Federal Acquisition Regulation necessary to implement this title. SEC. 106. DUTIES OF THE FEDERAL ENVIRONMENTAL EXECUTIVE. (a) Establishment of Office.--There is established within the Environmental Protection Agency a Federal Environmental Office. The Office shall be headed by the Federal Environmental Executive, who shall be appointed by the President. (b) Duties.--The Federal Environmental Executive shall-- (1) monitor, and advise the Chairman of the Council on, performance by agencies with the requirements of sections 102 and 103 of this title; (2) submit a report to the President, through the Chairman of the Council, not less often than once every 2 years, on the activities of agencies to comply with the requirements of this title; and (3) advise the Chairman of the Council on the Chairman's exercise of the authority provided by section 104(3) of this title. SEC. 107. LIMITATIONS. (a) United States Operations.--Except as provided in subsection (b), this title shall apply to an agency only with respect to the activities, personnel, resources, and facilities of the agency that are located within the United States. (b) Foreign Operations.-- (1) In general.--The head of an agency may provide that this title shall apply in whole or in part with respect to the activities, personnel, resources, and facilities of the agency that are not located within the United States, if the head of the agency determines that such application is in the interest of the United States. (2) Other foreign operations.--The head of an agency shall manage activities, personnel, resources, and facilities of the agency that are not located within the United States, and with respect to which the head of the agency has not made a determination under subsection (a) of this section, in a manner consistent with the policy of this title to the extent the head of the agency determines practicable. SEC. 108. EXEMPTION AUTHORITY. (a) Intelligence Activities.--The Director of National Intelligence may exempt an intelligence activity of the United States, and related personnel, resources, and facilities, from the provisions of this title to the extent the Director determines necessary to protect intelligence sources and methods from unauthorized disclosure. (b) Law Enforcement Activities.--The head of an agency may exempt law enforcement activities of that agency, and related personnel, resources, and facilities, from the provisions of this title to the extent the head of an agency determines necessary to protect undercover operations from unauthorized disclosure. (c) Special Purpose Vehicles.--The head of an agency may exempt law enforcement, protective, emergency response, or military tactical vehicle fleets of that agency from the provisions of this title. Notwithstanding any such exemption, the head of an agency shall manage fleets of such vehicles in a manner consistent with the policy of this title to the extent practicable. (d) Activities.--The head of an agency may submit to the President, through the Chairman of the Council, a request for an exemption of an agency activity and related personnel, resources, and facilities from this title. SEC. 109. GENERAL PROVISIONS. (a) In General.--This title shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations. (b) OMB Functions.--Nothing in this title shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (c) No Right of Recourse.--This title is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees or agents, or any other person. SEC. 110. ENERGY EFFICIENT STANDBY POWER DEVICES. (a) In General.--Whenever a Federal agency purchases a commercially available, off-the-shelf product that uses an external standby power device, or that contains an internal standby power function, it shall purchase-- (1) products that use no more than 1 Watt in their standby power mode; or (2) when such a product is not available, products with the lowest standby power wattage while in their standby power mode. (b) Limitation.--Subsection (a) applies only if compliance with its requirements is practicable and life-cycle cost-effective, and a product's utility and performance is not be compromised by compliance with those requirements. (c) Guidelines.--The Secretary of Energy, in consultation with the Secretary of Defense and the Administrator of the General Services Administration shall compile and maintain a list of products subject to subsection (a) and a list of products that meet the requirements of that subsection. SEC. 111. PUBLIC UTILITY CONTRACTING AUTHORITY. Section 501(b)(1)(B) of title 40, United States Code, is amended to read as follows: ``(B) Public utility contracts.-- ``(i) In general.--A contract for public utility services may be made for a period of not more than 10 years. ``(ii) Renewable energy contracts.--A contract for renewable energy may be made for a period of not more than 20 years. ``(iii) Definitions.--In this subparagraph: ``(I) Public utility services.--The term `public utility services' means generation, transmission, distribution, or other services directly used in

Federal Agency Environmental Responsibility Act - Declares that it is U.S. policy that federal agencies conduct their environmental, transportation, and energy-related activities in an environmentally, economically, and fiscally sound, integrated, continuously improving, efficient, and sustainable manner. Sets forth requirements for agency heads concerning: (1) energy efficiency and reduction in greenhouse gas emissions; (2) renewable energy sources and energy generation projects; (3) reduction in water consumption intensity; (4) sustainable environmental practices and management systems; (5) toxic and hazardous materials and cost-effective waste prevention and recycling programs; (6) fuel consumption; and (7) the acquisition and disposal of electronic products. Requires the Chairman of the Council on Environmental Quality to establish a Steering Committee on Strengthening Federal Environmental, Energy, and Transportation Management to advise the Chairman and the Director of the Office of Management and Budget (OMB) on performance of their functions under this Act. Establishes within the Environmental Protection Agency (EPA) a Federal Environmental Office to advise the Council on agency activities and a presidential leadership award program. Provides for exemption authority. Sets forth requirements for federal agency purchases of a commercially available, off-the-shelf product that uses an external standby power device or that contains an internal standby power function. Requires the Secretary of Energy to maintain a list of products subject to such requirements and a list of products that meet the requirements. Limits public utility contracts for renewable energy to 20 years. Exempts specified project costs for energy-efficient technologies from requirements concerning a project's estimated maximum costs. Requires the Administrator of the General Services Administration (GSA): (1) to implement a program to use energy-efficient light bulbs in federal buildings to replace low efficiency bulbs as they burn out; and (2) and the Secretary of Energy and the Director of the National Institute of Standards and Technology (NIST) to work with industry to develop consensus national standards for energy-efficient light bulb disposal and with manufacturers and importers of energy-efficient bulbs to develop standards for labeling bulbs containing mercury or other toxic substances.

A bill to require Federal agencies to conduct their environmental, transportation, and energy-related activities in support of their respective missions in an environmentally, economically, and fiscally sound manner, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Natural Gas Competitiveness Act of 1995''. SEC. 2. ASSOCIATIONS OF INDEPENDENT PRODUCERS OF NATURAL GAS. (a) Activities.--(1) Subject to sections 3 and 4, independent producers of natural gas may act together in associations, corporate or otherwise, with or without capital stock, in collectively producing, gathering, transporting, processing, storing, handling, and marketing in intrastate, interstate, and foreign commerce, natural gas (including natural gas liquids) produced in the United States. (2) For purposes of paragraph (1)-- (A) such associations may have marketing agencies in common, and (B) such associations and members of such associations may make the necessary contracts and agreements to carry out the activities described in such paragraph, if such associations are operated for the mutual benefit of the members thereof and comply with subsection (b). (b) Requirements.--For purposes of subsection (a)(2), an association shall-- (1) not deal in natural gas (including natural gas liquids) produced by nonmembers in an amount greater in volume than \1/ 2\ of the volume of natural gas (including natural gas liquids) that is produced by members of the association and handled by the association for such members, and (2) in any calendar year not deal in natural gas (including natural gas liquids) in an amount greater in volume than 20 percent of the volume of natural gas (including natural gas liquids) produced in the United States in the preceding calendar year. SEC. 3. TERMINATION OF ACTIVITY. (a) Complaint.--If the Attorney General of the United States has reason to believe that an association to which section 2(a) applies, monopolizes or restrains trade in intrastate, interstate, or foreign commerce to such an extent that the price of natural gas or natural gas liquids is unduly enhanced by reason of the activity of the association, the Attorney General shall serve upon the association a complaint that-- (1) states a claim in that respect, (2) contains a notice of hearing on such claim to be held at a place and on a date (not less than 30 days after the service of the complaint) specified in the complaint, and (3) requires the association to show cause why the Attorney General should not issue an order requiring the association to cease and desist from the monopolization or restraint of trade. (b) Hearing.--At the hearing referred to in subsection (a), the association that is the subject of such hearing may show cause why such order should not be entered. Evidence taken at such hearing shall be taken under such rules as the Attorney General may issue, shall be reduced to writing, and shall be made a part of the record of the proceeding on the complaint containing the notice of such hearing. (c) Order.--If, based on the hearing referred to in subsection (b), the Attorney General determines that such association monopolizes or restrains trade in intrastate, interstate, or foreign commerce to the extent that the price of natural gas, or natural gas liquids, is unduly enhanced, the Attorney General shall issue and cause to be served upon the association an order reciting the facts found by the Attorney General and directing such association to cease and desist from monopolization or restraint of trade. (d) Review.--(1) On the request of the association that is subject to an order issued under subsection (c) or if the association fails or neglects for 30 days to obey such order, the Attorney General shall file in the district court of the United States for the judicial district in which the association has its principal place of business a petition for enforcement of such order, together with a certified copy of the order and the record of the proceedings on the complaint on which the order is based. (2) The court shall have jurisdiction to affirm, modify, or set aside the order, or to enter such other order as the court may deem equitable. (3) The facts found by the Attorney General and set forth in the order issued by the Attorney General shall be prima facie evidence of such facts, but either party may adduce additional evidence. (4) During the pendency of the petition, the court may issue a preliminary injunction forbidding such association from violating all or part of such order. SEC. 4. LIMITATION. Nothing in this Act shall restrict the right of a person or State to assert any claims against an association which may accrue under-- (1) section 2 of the Sherman Act (15 U.S.C. 2) for the monopolization of trade by the association to such an extent that the price of natural gas is unduly depressed or unduly enhanced by reason thereof or by reason of a denial of access to essential facilities, (2) section 2 of the Clayton Act (15 U.S.C. 13) for undue discrimination in price by the association, (3) section 3 of the Clayton Act (15 U.S.C. 14) for imposition of exclusive dealing arrangements by the association, or (4) any State common purchaser law, State common carrier law, or State law enacted to prevent discrimination as to price or access to market. SEC. 5. DEFINITION OF INDEPENDENT PRODUCER OF NATURAL GAS. The term ``independent producer of natural gas'' means a person who produces natural gas (including natural gas liquids), but excludes a person with respect to whom section 613A(c) of the Internal Revenue Code of 1986 is inapplicable by reason of the operation of paragraph (2) or (4) of section 613A(d) of such Code.

Natural Gas Competitiveness Act of 1995 - Permits independent natural gas producers to act together in associations to collectively produce, gather, transport, process, store, handle, and market natural gas in both domestic and foreign commerce. Requires the Attorney General to file an antitrust complaint against any such association which monopolizes or restrains trade to such an extent that the price of natural gas or natural gas liquid is unduly enhanced. Sets forth procedural guidelines for the filing of such a complaint. Provides for antitrust and market and price-discrimination actions against an association under the Sherman and the Clayton Acts, respectively.

Natural Gas Competitiveness Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Stability Oversight Council Reform Act''. SEC. 2. FUNDING. (a) In General.--Section 155 of the Financial Stability Act of 2010 (12 U.S.C. 5345) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``be immediately available to the Office'' and inserting ``be available to the Office, as provided for in appropriation Acts''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2); and (2) in subsection (d), by amending the heading to read as follows: ``Assessment Schedule.--''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2016. SEC. 3. QUARTERLY REPORTING. Section 153 of the Financial Stability Act of 2010 (12 U.S.C. 5343) is amended by adding at the end the following: ``(g) Quarterly Reporting.-- ``(1) In general.--Not later than 60 days after the end of each quarter, the Office shall submit reports on the Office's activities to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(2) Contents.--The reports required under paragraph (1) shall include-- ``(A) the obligations made during the previous quarter by object class, office, and activity; ``(B) the estimated obligations for the remainder of the fiscal year by object class, office, and activity; ``(C) the number of full-time equivalents within the Office during the previous quarter; ``(D) the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and ``(E) actions taken to achieve the goals, objectives, and performance measures of the Office. ``(3) Testimony.--At the request of any committee specified under paragraph (1), the Office shall make officials available to testify on the contents of the reports required under paragraph (1).''. SEC. 4. PUBLIC NOTICE AND COMMENT PERIOD. Section 153(c) of the Financial Stability Act of 2010 (12 U.S.C. 5343(c)) is amended by adding at the end the following: ``(3) Public notice and comment period.--The Office shall provide for a public notice and comment period of not less than 90 days before issuing any proposed report, rule, or regulation. ``(4) Additional report requirements.-- ``(A) In general.--Except as provided under paragraph (3), the requirements under section 553 of title 5, United States Code, shall apply to a proposed report of the Office to the same extent as such requirements apply to a proposed rule of the Office. ``(B) Exception for certain reports.--This paragraph and paragraph (3) shall not apply to a report required under subsection (g)(1) or section 154(d)(1).''. SEC. 5. ADDITIONAL DUTIES OF THE OFFICE OF FINANCIAL RESEARCH. Section 153 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5343), as amended by section 3, is further amended by adding at the end the following new subsection: ``(h) Additional Duties.-- ``(1) Annual work plan.-- ``(A) In general.--The Director shall, after a period of 60 days for public notice and comment, annually publish a detailed work plan concerning the priorities of the Office for the upcoming fiscal year. ``(B) Requirements.--The work plan shall include the following: ``(i) A unique alphanumeric identifier and detailed description of any report, study, working paper, grant, guidance, data collection, or request for information that is expected to be in progress during, or scheduled to begin in, the upcoming fiscal year. ``(ii) For each item listed under clause (i), a target date for any significant actions related to such item, including the target date-- ``(I) for the release of a report, study, or working paper; ``(II) for, and topics of, a meeting of a working paper group and each solicitation of applications for grants; and ``(III) for the issuance of guidance, data collections, or requests for information. ``(iii) A list of all technical and professional advisory committees that is expected to be convened in the upcoming fiscal year pursuant to section 152(h). ``(iv) The name and professional affiliations of each individual who served during the previous fiscal year as an academic or professional fellow pursuant to section 152(i). ``(v) A detailed description of the progress made by primary financial regulatory agencies in adopting a unique alphanumeric system to identify legally distinct entities that engage in financial transactions (commonly known as a `Legal Entity Identifier'), including a list of regulations requiring the use of such a system and actions taken to ensure the adoption of such a system by primary financial regulatory agencies. ``(2) Public reports.-- ``(A) Consultation.--In preparing any public report with respect to a specified entity, class of entities, or financial product or service, the Director shall consult with any Federal department or agency with expertise in regulating the entity, class of entities, or financial product or service. ``(B) Report requirements.--A public report described in subparagraph (A) shall include-- ``(i) an explanation of any changes made as a result of a consultation under this subparagraph and, with respect to any changes suggested in such consultation that were not made, the reasons that the Director did not incorporate such changes; and ``(ii) information on the date, time, and nature of such consultation. ``(C) Notice and comment.--Before issuing any public report described in subparagraph (A), the Director shall provide a period of 90 days for public notice and comment on the report. ``(3) Cybersecurity plan.-- ``(A) In general.--The Office shall develop and implement a cybersecurity plan that uses appropriate safeguards that are adequate to protect the integrity and confidentiality of the data in the possession of the Office. ``(B) GAO review.--The Comptroller General of the United States shall annually audit the cybersecurity plan and its implementation described in subparagraph (A).''. Passed the House of Representatives April 14, 2016. Attest: KAREN L. HAAS, Clerk.

Financial Stability Oversight Council Reform Act This bill amends the Financial Stability Act of 2010 to make the budgets of the Financial Stability Oversight Council (FSOC) and the Office of Financial Research (OFR) subject to the annual appropriations process and to establish requirements for reports and a public notice and comment period. (Sec. 2) The budgets of the FSOC and the OFR are funded by assessments on financial institutions which are deposited into the Financial Research Fund and, under current law, are immediately available to be spent. This bill requires the funding from the Financial Research Fund to be made available by appropriations Acts. (Sec. 3) The OFR must submit quarterly reports to Congress regarding its: finances; workforce; and actions taken to achieve the goals, objectives, and performance measures of the office. (Sec. 4) The OFR must provide a public notice and comment period of at least 90 days before issuing any proposed report, rule, or regulation. (Sec. 5) The bill expands the duties of the OFR to include: publishing an annual work plan; consulting with other federal departments and agencies with relevant expertise prior to preparing any public report with respect to a specified entity, class of entities, or financial product or service; and developing and implementing a cybersecurity plan. The Government Accountability Office must annually audit the cybersecurity plan and its implementation.

Financial Stability Oversight Council Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keystone For a Secure Tomorrow Act''. SEC. 2. FINDING. The Congress finds that the delivery of oil from Alberta, Canada, to domestic markets in the United States is in the national interest of the United States, and the earliest possible completion of the Keystone XL pipeline will best serve the national interest. SEC. 3. KEYSTONE XL PIPELINE PERMIT APPROVAL. (a) Permit Approval.--The permit described in subsection (b) is hereby approved. (b) Description of Permit.--The permit approved under subsection (a) is the permit with respect to certain energy-related facilities and land transportation crossings on the international boundaries of the United States for the Keystone XL pipeline project, an application for which was filed on September 19, 2008 (including amendments). (c) Requirements.--The permit granted under subsection (a) shall require the following: (1) The permittee shall comply with all applicable Federal and State laws (including regulations) and all applicable industrial codes regarding the construction, connection, operation, and maintenance of the United States facilities. (2) The permittee shall take all appropriate measures to prevent or mitigate any adverse environmental impact or disruption of historic properties in connection with the construction, operation, and maintenance of the United States facilities. (3) For the purpose of the permit approved under subsection (a) (regardless of any modifications under subsection (d))-- (A) the final environmental impact statement issued by the Secretary of State on August 26, 2011, satisfies all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of the National Historic Preservation Act (16 U.S.C. 470f); (B) any modification required by the Secretary of State to the Plan described in paragraph (4)(A) shall not require supplementation of the final environmental impact statement described in that paragraph; and (C) no further Federal environmental review shall be required. (4) The construction, operation, and maintenance of the facilities shall be in all material respects similar to that described in the application described in subsection (b) and in accordance with-- (A) the construction, mitigation, and reclamation measures agreed to by the permittee in the Construction Mitigation and Reclamation Plan found in appendix B of the final environmental impact statement issued by the Secretary of State on August 26, 2011, subject to the modification described in subsection (d); (B) the special conditions agreed to between the permittee and the Administrator of the Pipeline Hazardous Materials Safety Administration of the Department of Transportation found in appendix U of the final environmental impact statement described in subparagraph (A); (C) if the modified route submitted by the Governor of Nebraska under subsection (d)(3)(B) crosses the Sand Hills region, the measures agreed to by the permittee for the Sand Hills region found in appendix H of the final environmental impact statement described in subparagraph (A); and (D) the stipulations identified in appendix S of the final environmental impact statement described in subparagraph (A). (5) Other requirements that are standard industry practice or commonly included in Federal permits that are similar to a permit approved under subsection (a). (d) Modification.--The permit approved under subsection (a) shall require-- (1) the reconsideration of routing of the Keystone XL pipeline within the State of Nebraska; (2) a review period during which routing within the State of Nebraska may be reconsidered and the route of the Keystone XL pipeline through the State altered with any accompanying modification to the Plan described in subsection (c)(4)(A); and (3) the President-- (A) to coordinate review with the State of Nebraska and provide any necessary data and reasonable technical assistance material to the review process required under this subsection; and (B) to approve the route within the State of Nebraska that has been submitted to the Secretary of State by the Governor of Nebraska. (e) Effect of No Approval.--If the President does not approve the route within the State of Nebraska submitted by the Governor of Nebraska under subsection (d)(3)(B) not later than 10 days after the date of submission, the route submitted by the Governor of Nebraska under subsection (d)(3)(B) shall be considered approved, pursuant to the terms of the permit approved under subsection (a) that meets the requirements of subsection (c) and this subsection, by operation of law. (f) Private Property Savings Clause.--Nothing in this section alters the Federal, State, or local processes or conditions in effect on the date of enactment of this Act that are necessary to secure access from private property owners to construct the Keystone XL pipeline.

Keystone For a Secure Tomorrow Act - Approves a specified permit regarding certain energy-related facilities and land transportation crossings on the international boundaries of the United States for the Keystone XL pipeline project. Prescribes permit requirements, including: (1) reconsideration of routing of the Keystone XL pipeline within Nebraska; (2) a review period during which routing within Nebraska may be reconsidered and the route of the Keystone XL pipeline through the state altered with any accompanying modification to a specified Plan; and (3) the obligation of the President to coordinate review with the state of Nebraska, provide necessary data and reasonable technical assistance material to the review process, and approve the route within Nebraska submitted by its governor to the Secretary of State. Deems approved, within 10 days after its date of submission, the route submitted by the governor of Nebraska pursuant to the permit approved under this Act if the President does not approve that route.

To approve the Keystone XL pipeline project permit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017'' or the ``BROWSER Act of 2017''. SEC. 2. NOTICE OF PRIVACY POLICIES. (a) In General.--A provider of a covered service shall provide the users of the service with notice of the privacy policies of the provider with respect to the service. Such notice shall be clear and conspicuous. (b) Availability to Prospective Users.--The notice required by subsection (a) shall be made available to prospective users-- (1) at the point of sale of, subscription to, or establishment of an account for the covered service, prior to such sale, subscription, or establishment, whether such point of sale, subscription, or establishment is in person, online, over the telephone, or through another means; or (2) if there is no such sale, subscription, or establishment, before the user uses the service. (c) Persistent Availability.--The notice required by subsection (a) shall be made persistently available. (d) Material Changes.--A provider of a covered service shall provide users with advance notice of any material change to the privacy policies of the provider. The notice required by this subsection shall be clear and conspicuous. SEC. 3. USER OPT-IN OR OPT-OUT APPROVAL RIGHTS BASED ON SENSITIVITY OF INFORMATION. (a) Opt-In Approval Required for Sensitive User Information.-- Except as provided in subsection (c), a provider of a covered service shall obtain opt-in approval from a user to use, disclose, or permit access to the sensitive user information of the user. (b) Opt-Out Approval Required for Non-Sensitive User Information.-- Except as provided in subsection (c)-- (1) a provider of a covered service shall obtain opt-out approval from a user to use, disclose, or permit access to any of the non-sensitive user information of the user; or (2) if the provider so chooses, the provider may comply with the requirement of paragraph (1) by obtaining opt-in approval from the user to use, disclose, or permit access to any such non-sensitive user information. (c) Limitations and Exceptions.--A provider of a covered service may use, disclose, or permit access to user information without user approval for the following purposes: (1) In providing the covered service from which such information is derived, or in providing services necessary to, or used in, the provision of such service. (2) To initiate, render, bill, and collect for the covered service. (3) To protect the rights or property of the provider, or to protect users of the covered service and other service providers from fraudulent, abusive, or unlawful use of the service. (4) To provide location information or non-sensitive user information-- (A) to a public safety answering point, emergency medical service provider or emergency dispatch provider, public safety, fire service, or law enforcement official, or hospital emergency or trauma care facility, in order to respond to the request of the user for emergency services; (B) to inform the legal guardian of the user, or members of the immediate family of the user, of the location of the user in an emergency situation that involves the risk of death or serious physical harm; or (C) to providers of information or database management services solely for purposes of assisting in the delivery of emergency services in response to an emergency. (5) As otherwise required or authorized by law. (d) Mechanism for Exercising User Approval.-- (1) In general.--A provider of a covered service shall make available a simple, easy-to-use mechanism for users to grant, deny, or withdraw opt-in approval or opt-out approval at any time. (2) Form and manner.--The mechanism required by paragraph (1) shall be-- (A) clear and conspicuous; and (B) made available-- (i) at no additional cost to the user; and (ii) in a language other than English, if the provider transacts business with the user in such other language. (3) Effect.--The grant, denial, or withdrawal of opt-in approval or opt-out approval by a user shall-- (A) be given effect promptly; and (B) remain in effect until the user revokes or limits such grant, denial, or withdrawal of approval. SEC. 4. SERVICE OFFERS CONDITIONED ON WAIVERS OF PRIVACY RIGHTS. A provider of a covered service may not-- (1) condition, or effectively condition, provision of such service on agreement by a user to waive privacy rights guaranteed by law or regulation, including this Act; or (2) terminate such service or otherwise refuse to provide such service as a direct or indirect consequence of the refusal of a user to waive any such privacy rights. SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) General Application.--The requirements of this Act apply, according to their terms, to-- (1) those persons, partnerships, and corporations over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)); and (2) providers of broadband internet access service, notwithstanding the exception in such section for common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.). (b) Unfair or Deceptive Acts or Practices.--A violation of this Act shall be treated as an unfair or deceptive act or practice in or affecting commerce for purposes of section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)). (c) Powers of Commission.--Except as provided in subsection (a)(2) of this section-- (1) the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act; and (2) any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. SEC. 6. DEFINITIONS. In this Act: (1) Broadband internet access service.-- (A) In general.--The term ``broadband internet access service'' means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up internet access service. (B) Functional equivalent; evasion.--Such term also includes any service that-- (i) the Commission finds to be providing a functional equivalent of the service described in subparagraph (A); or (ii) is used to evade the protections set forth in this Act. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Covered service.--The term ``covered service'' means-- (A) broadband internet access service; or (B) an edge service. (4) Edge service.--The term ``edge service''-- (A) means a service provided over the internet-- (i) for which the provider requires the user to subscribe or establish an account in order to use the service; (ii) that the user purchases from the provider of the service without a subscription or account; (iii) by which a program searches for and identifies items in a database that correspond to keywords or characters specified by the user, used especially for finding particular sites on the World Wide Web; or (iv) by which the user divulges sensitive user information; and (B) includes a service described in subparagraph (A) that is provided through a software program, including a mobile application. (5) Emergency services.--The term ``emergency services'' has the meaning given such term in section 222 of the Communications Act of 1934 (47 U.S.C. 222). (6) Material.--The term ``material'' means, with respect to a change in a privacy policy of a provider of a covered service, any change in such policy that a user of the service, acting reasonably under the circumstances, would consider important to the decisions of the user regarding the privacy of the user, including any change to information required to be included in a privacy notice under section 2. (7) Mobile application.--The term ``mobile application'' means a software program that runs on the operating system of a mobile device. (8) Non-sensitive user information.--The term ``non- sensitive user information'' means any user information that is not sensitive user information. (9) Opt-in approval.--The term ``opt-in approval'' means a method for obtaining from a user of a covered service consent to use, disclose, or permit access to sensitive user information under which the provider of the service obtains express consent allowing the requested usage, disclosure, or access to the sensitive user information. (10) Opt-out approval.--The term ``opt-out approval'' means a method for obtaining from a user of a covered service consent to use, disclose, or permit access to non-sensitive user information under which the user is deemed to have consented to the use, disclosure, or access to the non-sensitive user information if the user has failed to object to such use, disclosure, or access. (11) Public safety answering point.--The term ``public safety answering point'' has the meaning given such term in section 222 of the Communications Act of 1934 (47 U.S.C. 222). (12) Sensitive user information.--The term ``sensitive user information'' includes any of the following: (A) Financial information. (B) Health information. (C) Information pertaining to children under the age of 13. (D) Social Security number. (E) Precise geo-location information. (F) Content of communications. (G) Web browsing history, history of usage of a software program (including a mobile application), and the functional equivalents of either. (13) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, and each federally recognized Indian Tribe. (14) User.--The term ``user'' means, with respect to a covered service, a person who-- (A) is a current or former-- (i) subscriber to such service; or (ii) holder of an account for such service; (B) purchases such service without a subscription or account; (C) is an applicant for such service; or (D) in the case of a service described in clause (iii) or (iv) of paragraph (4)(A), uses the service. (15) User information.--The term ``user information'' means any information that-- (A) a provider of a covered service acquires in connection with the provision of such service; and (B) is linked or reasonably linkable to an individual. SEC. 7. RELATIONSHIP TO OTHER LAW. (a) Preemption of State Law.--No State or political subdivision of a State shall, with respect to a provider of a covered service subject to this Act, adopt, maintain, enforce, or impose or continue in effect any law, rule, regulation, duty, requirement, standard, or other provision having the force and effect of law relating to or with respect to the privacy of user information. (b) Other Federal Law.-- (1) In general.--Except as provided in paragraph (2), nothing in this Act shall be construed to supercede any other Federal statute or regulation relating to information privacy. (2) Communications act of 1934.--Insofar as any provision of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or any regulations promulgated under such Act apply to any person, partnership, or corporation subject to this Act with respect to privacy policies, terms of service, and practices covered by this Act, such provision of the Communications Act of 1934 or such regulations shall have no force or effect, unless such regulations pertain to emergency services.

Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017 or the BROWSER Act of 2017 This bill authorizes the Federal Trade Commission to enforce information privacy protections that require broadband Internet access services and certain websites or mobile applications providing subscription, account, purchase, or search engine services to allow users to opt-in or opt-out of the use, disclosure, or access to their user information depending on the sensitivity of the information. Opt-in approval through the user's express consent must be obtained for the use of sensitive information that is: financial information, health information, about children under 13, Social Security numbers, precise geo-location information, content of communications, web browsing history, or history of usage of a software program or mobile application. Opt-out approval must be provided for the use of non-sensitive user information under a method in which users are deemed to have consented if they fail to object after being provided notice of privacy policies. The bill allows a service provider to use information without approval for specified purposes, including for services necessary for provision of the service and to initiate, render, bill, and collect for the service. Service providers must allow users to grant, deny, or withdraw approval at any time. The bill prohibits providers from conditioning service on a user's agreement to waive privacy rights.

Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Fuels Promotion Act''. SEC. 2. FINDINGS. The Senate finds the following: (1)(A) Since 1994, the United States has imported over half its oil. (B) Without efforts to mitigate this dependence on foreign oil, the percentage of oil imported is expected to grow to all- time highs. (C) This reliance on foreign oil presents a national security risk, which Congress should address through policy changes designed to increase the use of domestically-available alternative transportation fuels. (2)(A) The importing of a majority of the oil used in the United States contributes negatively to the balance of trade of the United States. (B) Assuring the Nation's economic security demands the development and promotion of domestically-available alternative transportation fuels. (3)(A) The reliance on oil as a transportation fuel has numerous negative environmental consequences, including increasing air pollution and greenhouse gas emissions. (B) Developing alternative transportation fuels will help address these environmental impacts by reducing emissions. (4) In order to encourage installation of alternative fueling infrastructure, and make alternative fuels economically favorable to the producer, distributor, marketer, and consumer, tax credits provided at the point of distribution into an alternative fuel vehicle are necessary. (5)(A) In the short-term, United States alternative fuel policy must be made fuel neutral. (B) Fuel neutrality will foster private innovation and commercialization using the most technologically feasible and economic fuels available. (C) This will allow market forces to decide the alternative fuel winners and losers. (6)(A) Tax credits which have been in place have led to increases in the quantity and quality of alternative fuel technology available today. (B) Extending these credits is an efficient means of promoting alternative fuel vehicles and alternative fueling infrastructures. (7)(A) The Federal fleet is one of the best customers for alternative fuel vehicles due to its combination of large purchasing power, tight record keeping, geographic diversity, and high fuel usage. (B) For these reasons, the National Energy Policy Act of 1991 required Federal fleets to purchase certain numbers of alternatively-fueled vehicles. (C) In most cases, these requirements have not been met. (D) Efforts must be made to ensure that all Federal agencies comply with Federal fleet purchase requirement laws and executive orders. TITLE I--TAX INCENTIVES SEC. 101. CREDIT FOR QUALIFIED ELECTRIC VEHICLES. (a) Increased Credit for Vehicles Which Meet Certain Range Requirements.-- (1) In general.--Section 30(a) of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended to read as follows: ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(A) 10 percent of the cost of any qualified electric vehicle placed in service by the taxpayer during the taxable year, plus ``(B) in the case of any such vehicle also meeting the requirement described in paragraph (2), $5,000. ``(2) Range requirement.--The requirement described in this paragraph is a driving range of at least 100 miles-- ``(A) on a single charge of the vehicle's rechargeable batteries, fuel cells, or other portable source of electrical current, and ``(B) measured pursuant to the urban dynamometer schedules under appendix I to part 86 of title 40, Code of Federal Regulations.''. (2) Conforming amendment.--Section 30(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``subsection (a)'' and inserting ``subsection (a)(1)(A)''. (b) Credit Extended Through 2010.-- (1) In general.--Section 30(e) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2004'' and inserting ``2010''. (2) Conforming amendments.--Section 30(b)(2) of such Code (relating to phaseout) is amended-- (A) by striking ``2002'' in subparagraph (A) and inserting ``2008'', (B) by striking ``2003'' in subparagraph (B) and inserting ``2009'', and (C) by striking ``2004'' in subparagraph (C) and inserting ``2010''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of enactment of this Act. SEC. 102. ADDITIONAL DEDUCTION FOR COST OF INSTALLATION OF ALTERNATIVE FUELING STATIONS. (a) In General.--Subparagraph (A) of section 179A(b)(2) of the Internal Revenue Code of 1986 (relating to qualified clean-fuel vehicle refueling property) is amended to read as follows: ``(A) In general.--The aggregate cost which may be taken into account under subsection (a)(1)(B) with respect to qualified clean-fuel vehicle refueling property placed in service during the taxable year at a location shall not exceed the sum of-- ``(i) with respect to costs not described in clause (ii), the excess (if any) of-- ``(I) $100,000, over ``(II) the aggregate amount of such costs taken into account under subsection (a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years, plus ``(ii) the lesser of-- ``(I) the cost of the installation of such property, or ``(II) $30,000.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after the date of enactment of this Act. SEC. 103. CREDIT FOR RETAIL SALE OF CLEAN BURNING FUELS AS MOTOR VEHICLE FUEL. (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 inserting after section 40 the following: ``SEC. 40A. CREDIT FOR RETAIL SALE OF CLEAN BURNING FUELS AS MOTOR VEHICLE FUEL. ``(a) General Rule.--For purposes of section 38, the clean burning fuel retail sales credit of any taxpayer for any taxable year is 50 cents for each gasoline gallon equivalent of clean burning fuel sold at retail by the taxpayer during such year as a fuel to propel any qualified motor vehicle. ``(b) Definitions.--For purposes of this section-- ``(1) Clean burning fuel.--The term `clean burning fuel' means natural gas, compressed natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen, and any liquid at least 85 percent of which consists of methanol. ``(2) Gasoline gallon equivalent.--The term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(3) Qualified motor vehicle.--The term `qualified motor vehicle' means any motor vehicle (as defined in section 179A(e)) which meets any applicable Federal or State emissions standards with respect to each fuel by which such vehicle is designed to be propelled. ``(4) Sold at retail.-- ``(A) In general.--The term `sold at retail' means the sale, for a purpose other than resale, after manufacture, production, or importation. ``(B) Use treated as sale.--If any person uses clean burning fuel as a fuel to propel any qualified motor vehicle (including any use after importation) before such fuel is sold at retail, then such use shall be treated in the same manner as if such fuel were sold at retail as a fuel to propel such a vehicle by such person. ``(c) No Double Benefit.--The amount of the credit determined under subsection (a) shall be reduced by the amount of any deduction or credit allowable under this chapter for fuel taken into account in computing the amount of such credit. ``(d) Termination.--This section shall not apply to any fuel sold at retail after December 31, 2007.''. (b) Credit Treated as 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 (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following: ``(13) the clean burning fuel retail sales credit determined under section 40A(a).''. (c) Transitional Rule.--Section 39(d) of the Internal Revenue Code of 1986 (relating to transitional rules) is amended by adding at the end the following: ``(9) No carryback of section 40a credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the clean burning fuel retail sales credit determined under section 40A(a) may be carried back to a taxable year ending before January 1, 1999.''. (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 inserting after the item relating to section 40 the following: ``Sec. 40A. Credit for retail sale of clean burning fuels as motor vehicle fuel.''. (e) Effective Date.--The amendments made by this section shall apply to fuel sold at retail after December 31, 1999, in taxable years ending after such date. TITLE II--PROGRAM EFFICIENCIES SEC. 201. EXCEPTION TO HOV PASSENGER REQUIREMENTS FOR ALTERNATIVE FUEL VEHICLES. Section 102(a) of title 23, United States Code, is amended by inserting ``(unless, at the discretion of the State highway department, the vehicle operates on, or is fueled by, an alternative fuel (as defined in section 301 of Public Law 102-486 (42 U.S.C. 13211(2)))'' after ``required''.

Title II: Program Efficiencies - Amends Federal law concerning HOV passenger requirements to permit an exception for alternative fuel vehicles.

Alternative Fuels Promotion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Electricity and Environmental Technology Research and Development Act''. SEC. 2. FINDINGS. Congress finds that-- (1) reliable, affordable, increasingly clean electricity will continue to power the growing United States economy; (2) an increasing use of electrotechnologies, the desire for continuous environmental improvement, a more competitive electricity market, and concerns about rising energy prices add importance to the need for reliable, affordable, increasingly clean electricity; (3) coal, which, as of the date of enactment of this Act, accounts for more than \1/2\ of all electricity generated in the United States, is the most abundant fossil energy resource of the United States; (4) coal comprises more than 85 percent of all fossil resources in the United States and exists in quantities sufficient to supply the United States for 250 years at current usage rates; (5) investments in electricity generating facility emissions control technology over the past 30 years have reduced the aggregate emissions of pollutants from coal-based generating facilities by 21 percent, even as coal use for electricity generation has nearly tripled; (6) continuous improvement in efficiency and environmental performance from electricity generating facilities would allow continued use of coal and preserve less abundant energy resources for other energy uses; (7) new technologies for converting coal into electricity can effectively eliminate health-threatening emissions and improve efficiency by as much as 50 percent, but initial commercial deployment of new coal generation technologies entails significant risk that generators may be unable to accept in a newly competitive electricity market; and (8) continued environmental improvement in coal-based generation through continued research, development, and demonstration toward an ultimate goal of near-zero emissions is important and desirable. SEC. 3. DEFINITIONS. In this Act: (1) Cost and performance goals.--The term ``cost and performance goals'' means the cost and performance goals established under section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 4. TECHNOLOGY ASSESSMENT. (a) In General.--The Secretary shall perform an assessment that establishes cost and performance goals with respect to technologies that would permit the continued cost-competitive use of coal for electricity generation, as chemical feedstocks, and as transportation fuel in 2007, 2015, and 2020. (b) Consultation.--In establishing the cost and performance goals, the Secretary shall consult with representatives of-- (1) the United States coal industry; (2) State coal development agencies; (3) the electric utility industry; (4) railroads and other transportation industries; (5) manufacturers of equipment using advanced coal technologies; (6) organizations representing workers; (7) organizations formed to-- (A) promote the use of coal; (B) further the goals of environmental protection; and (C) promote the development and use of advanced coal technologies; and (8) other appropriate Federal and State agencies. (c) Timing.--The Secretary shall-- (1) not later than 120 days after the date of enactment of this Act, issue a set of draft cost and performance goals for public comment; and (2) not later than 180 days after the date of enactment of this Act, after taking into consideration any public comments received, submit to Congress the final cost and performance goals. SEC. 5. STUDY. (a) In General.--Not later than 1 year after the date of enactment of this Act, and once every 2 years thereafter through 2016, the Secretary, in cooperation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall transmit to the Congress a report containing the results of a study to-- (1) identify technologies that, by themselves or in combination with other technologies, may be capable of achieving the cost and performance goals; (2) assess the costs that would be incurred by, and the period of time that would be required for, the development and demonstration of technologies that, by themselves or in combination with other technologies, contribute to the achievement of the cost and performance goals; (3) develop recommendations for technology development programs, which the Department of Energy could carry out in cooperation with industry, to develop and demonstrate technologies that, by themselves or in combination with other technologies, achieve the cost and performance goals; and (4) develop recommendations for additional authorities required to achieve the cost and performance goals. (b) Expert Advice.--In carrying out this section, the Secretary shall give due weight to the expert advice of representatives of the entities described in section 4(b). SEC. 6. TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.--The Secretary shall carry out a program of research on and development, demonstration, and commercial application of coal-based technologies under-- (1) this Act; (2) the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.); (3) the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.); and (4) title XIII of the Energy Policy Act of 1992 (42 U.S.C. 13331 et seq.). (b) Conditions.--The research, development, demonstration, and commercial application program described in subsection (a) shall be designed to achieve the cost and performance goals. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary to carry out sections 4, 5, and 6, $100,000,000 for each of the fiscal years 2002 through 2012, to remain available until expended. (b) Conditions of Authorization.--The authorization of appropriations under subsection (a)-- (1) shall be in addition to authorizations of appropriations in effect on the date of enactment of this Act; and (2) shall not be a cap on Department of Energy fossil energy research and development and clean coal technology appropriations. SEC. 8. CLEAN COAL POWER COMMERCIAL APPLICATIONS INITIATIVE. (a) In General.--The Secretary shall establish a clean coal power commercial applications initiative that will demonstrate commercial applications of advanced coal-based technologies applicable to new or existing power plants, including coproduction plants. (b) Requirements.--The technologies to be demonstrated under the initiative-- (1) shall be technologies that, by themselves or in combination with other technologies, advance efficiency, environmental performance, and cost competitiveness well beyond that which is in operation or has been demonstrated as of the date of enactment of this Act; and (2) may include technologies that have not previously been envisioned for commercial applications. (c) Plan.--Not later than 120 days after the date of enactment of this Act, the Secretary shall transmit to Congress a plan to carry out subsection (a) that includes a description of-- (1) the program elements and management structure to be used; (2) the technical milestones to be achieved with respect to each of the advanced coal-based technologies included in the plan; and (3) the demonstration activities proposed to be conducted at facilities that serve or are located at new or existing coal-based electric generation units having at least 50 megawatts nameplate rating, including improvements to allow the units to achieve 1 or more of the following: (A) An overall design efficiency improvement of not less than 3 percent as compared with the efficiency of the unit as operated as of the date of enactment of this Act and before any retrofit, repowering, replacement, or installation. (B) A significant improvement in, or new alternative technology to enhance, the environmental performance related to the control of sulfur dioxide, nitrogen oxide, or mercury in a manner that is different and well below the cost of technologies that are in operation or have been demonstrated as of the date of enactment of this Act. (C) A means of recycling or reusing a significant portion of coal combustion or gasification wastes or byproducts produced by coal-based generating units, excluding practices that are commercially available as of the date of enactment of this Act. (D) A means to capture, separate, and reuse or dispose of carbon dioxide that is different and well below the cost of technologies that are in operation or have been demonstrated as of the date of enactment of this Act. SEC. 9. FINANCIAL ASSISTANCE. (a) In General.--Not later than 180 days after the date on which the Secretary transmits to Congress the plan under section 8(c), the Secretary shall solicit proposals for projects that serve or are located at new or existing facilities designed to achieve 1 or more of the levels of performance set forth in section 8(c)(3). (b) Project Criteria.--A solicitation under subsection (a) may include solicitation of a proposal for a project to demonstrate-- (1) an overall design efficiency improvement of not less 3 percentage points as compared with the efficiency of the unit as operated as of the date of enactment of this Act and with no increase in the potential to emit sulfur dioxide, nitrogen oxide, particulate matter, mercury, or carbon monoxide; (2) a reduction of emissions to a level of not more than-- (A)(i) in the case of sulfur dioxide-- (I) in the case of coal with a potential combustion concentration sulfur emission of 1.2 or more pounds per million British thermal units of heat input, 5 percent of the potential combustion concentration sulfur dioxide emissions; or (II) in the case of a coal with a potential combustion concentration of less than 1.2 pounds of per million British thermal units of heat input, 15 percent of the potential combustion concentration of sulfur dioxide emissions; (ii) in the case of nitrogen oxide-- (I) in the case of a boiler other than a cyclone-fired boiler, emissions of 0.1 pound per million British thermal units of heat; or (II) in the case of a cyclone-fired boiler, 15 percent of the uncontrolled nitrogen oxide emissions from the boiler; or (iii) in the case of particulate matter, emissions of 0.02 pound per million British thermal units of heat input; or (B) the emission levels for the pollutants identified in subparagraph (A) that are specified in the new source performance standards of the Clean Air Act (42 U.S.C. 7411) in effect at the time of construction, installation, or retrofitting of the advanced coal-based technology for the category of source if they are lower than the levels specified in subparagraph (A); or (3) the production of coal combustion byproducts that are capable of obtaining economic values significantly greater than byproducts produced as of the date of enactment of this Act with no increase in the potential to emit sulfur dioxide, nitrogen oxide, particulate matter, mercury, or carbon monoxide. (c) Financial Assistance.--The Secretary shall provide financial assistance to projects that-- (1) demonstrate overall cost reductions in the utilization of coal to generate useful forms of energy; (2) improve the competitiveness of coal among various forms of energy in order to maintain a diversity of fuel choices in the United States to meet electricity generation requirements; (3) achieve, in a cost-effective manner, 1 or more of the criteria described in the solicitation; and (4) demonstrate technologies that are applicable to 25 percent of the electricity generating facilities that use coal as the primary feedstock as of the date of enactment of this Act. (d) Federal Share.--The Federal share of the cost of a project funded under this section shall not exceed 50 percent. (e) Funding.-- (1) Authorization of appropriations.--Except as provided in paragraph (2), there are authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of the fiscal years 2002 through 2012, to remain available until expended. (2) Alternative funding sources.--To carry out this section, the Secretary may use any unobligated funds available to the Secretary for fossil energy programs, and any funds obligated to any project selected under the clean coal technology program that become unobligated. Appropriations under paragraph (1) for a fiscal year shall be reduced by the amount of any funds used under this paragraph.

National Electricity and Environmental Technology Research and Development Act - Directs the Secretary of Energy to: (1) perform an assessment that establishes cost and performance goals with respect to technologies that would permit the continued cost-competitive use of coal for electricity generation, as chemical feedstocks, and as transportation fuel in 2007, 2015, and 2020; (2) biennially transmit to Congress the results of a study to identify technologies capable of achieving specified cost and performance goals; and (3) carry out under specified Federal law a program of research on and development, demonstration, and commercial application of coal-based technologies.Directs the Secretary to establish a clean coal power commercial applications initiative to demonstrate commercial applications of advanced coal-based technologies for new or existing power plants, including coproduction plants. Provides for financial assistance to initiative projects.

To authorize Department of Energy programs to develop and implement an accelerated research and development program for advanced clean coal technologies for use in coal-based electricity generating facilities, so as to allow coal to help meet the growing need of the United States for the generation of clean, reliable, and affordable electricity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Offshore Energy Security Act of 2008'' or the ``DOES Act''. SEC. 2. DEVELOPMENT AND INVENTORY OF CERTAIN OUTER CONTINENTAL SHELF RESOURCES. (a) Definition of United States Person.--In this section, the term ``United States person'' means-- (1) any United States citizen or alien lawfully admitted for permanent residence in the United States; and (2) any person other than an individual, if 1 or more individuals described in paragraph (1) own or control at least 51 percent of the securities or other equity interest in the person. (b) Authorization of Activities and Exports Involving Hydrocarbon Resources by United States Persons.--Notwithstanding any other provision of law (including a regulation), United States persons (including agents and affiliates of those United States persons) may-- (1) engage in any transaction necessary for the exploration for and extraction of hydrocarbon resources from any portion of any foreign exclusive economic zone that is contiguous to the exclusive economic zone of the United States; and (2) export without license authority all equipment necessary for the exploration for or extraction of hydrocarbon resources described in paragraph (1). (c) Travel in Connection With Authorized Hydrocarbon Exploration and Extraction Activities.--Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209) is amended by inserting after subsection (b) the following: ``(c) General License Authority for Travel-Related Expenditures by Persons Engaging in Hydrocarbon Exploration and Extraction Activities.-- ``(1) In general.--The Secretary of the Treasury shall, authorize under a general license the travel-related transactions listed in section 515.560(c) of title 31, Code of Federal Regulations, for travel to, from or within Cuba in connection with exploration for and the extraction of hydrocarbon resources in any part of a foreign maritime Exclusive Economic Zone that is contiguous to the United States' Exclusive Economic Zone. ``(2) Persons authorized.--Persons authorized to travel to Cuba under this section include full-time employees, executives, agents, and consultants of oil and gas producers, distributors, and shippers.''. (d) Moratorium of Oil and Gas Leasing in Certain Areas of the Gulf of Mexico.-- (1) In general.--Section 104(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (A) by striking paragraph (1); (B) in paragraph (2), by striking ``125 miles'' and inserting ``45 miles''; (C) in paragraph (3), by striking ``100 miles'' each place it appears and inserting ``45 miles''; and (D) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (2) Regulations.-- (A) In general.--The Secretary of the Interior shall promulgate regulations that establish appropriate environmental safeguards for the exploration and production of oil and natural gas on the outer Continental Shelf. (B) Minimum requirements.--At a minimum, the regulations shall include-- (i) provisions requiring surety bonds of sufficient value to ensure the mitigation of any foreseeable incident; (ii) provisions assigning liability to the leaseholder in the event of an incident causing damage or loss, regardless of the negligence of the leaseholder or lack of negligence; (iii) provisions no less stringent than those contained in the Spill Prevention, Control, and Countermeasure regulations promulgated under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.); (iv) provisions ensuring that-- (I) no facility for the exploration or production of resources is visible to the unassisted eye from any shore of any coastal State; and (II) the impact of offshore production facilities on coastal vistas is otherwise mitigated; (v) provisions to ensure, to the maximum extent practicable, that exploration and production activities will result in no significant adverse effect on fish or wildlife (including habitat), subsistence resources, or the environment; and (vi) provisions that will impose seasonal limitations on activity to protect breeding, spawning, and wildlife migration patterns. (3) Conforming amendment.--Section 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 521) (as amended by section 103(d) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432)) is amended by inserting ``and any other area that the Secretary of the Interior may offer for leasing, preleasing, or any related activity under section 104 of that Act'' after ``2006)''. (e) Inventory of Outer Continental Shelf Oil and Natural Gas Resources Off Southeastern Coast of the United States.-- (1) In general.--The Secretary of the Interior (referred to in this subsection as the ``Secretary'') may conduct an inventory of oil and natural gas resources beneath the waters of the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)) off of the coast of the States of Virginia, North Carolina, South Carolina, or Georgia in accordance with this subsection. (2) Best available technology.--In conducting the inventory, the Secretary shall use the best technology available to obtain accurate resource estimates. (3) Request by governor.--The Secretary may conduct an inventory under this subsection off the coast of a State described in paragraph (1) only if the Governor of the State requests the inventory. (4) Reports.--The Secretary shall submit to Congress and the requesting Governor a report on any inventory conducted under this subsection. (5) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. (f) Enhanced Oil Recovery.--Section 354(c)(4)(B) of the Energy Policy Act of 2005 (42 U.S.C. 15910(c)(4)(B)) is amended-- (1) in clause (iii), by striking ``and'' at the end; (2) in clause (iv), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(v) are carried out in geologically challenging fields.''. SEC. 3. SUSPENSION OF PETROLEUM ACQUISITION FOR STRATEGIC PETROLEUM RESERVE. (a) In General.--Except as provided in subsection (b) and notwithstanding any other provision of law, during calendar year 2008-- (1) the Secretary of the Interior shall suspend acquisition of petroleum for the Strategic Petroleum Reserve through the royalty-in-kind program; and (2) the Secretary of Energy shall suspend acquisition of petroleum for the Strategic Petroleum Reserve through any other acquisition method. (b) Resumption.--Not earlier than 30 days after the date on which the President notifies Congress that the President has determined that the weighted average price of petroleum in the United States for the most recent 90-day period is $75 or less per barrel-- (1) the Secretary of the Interior may resume acquisition of petroleum for the Strategic Petroleum Reserve through the royalty-in-kind program; and (2) the Secretary of Energy may resume acquisition of petroleum for the Strategic Petroleum Reserve through any other acquisition method.

Domestic Offshore Energy Security Act of 2008, or the DOES Act - Permits United States persons to: (1) engage in exploration and extraction of hydrocarbon resources from any portion of any foreign exclusive economic zone contiguous to the exclusive economic zone of the United States; and (2) export without license authority all pertinent equipment for such activity. Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to direct the Secretary of the Treasury to authorize travel-related transactions for travel to, from, or within Cuba in connection with exploration and extraction of hydrocarbon resources in any part of a foreign maritime Exclusive Economic Zone contiguous to the U.S. Exclusive Economic Zone. Identifies as persons authorized to travel to Cuba any full-time employees, executives, and agents and consultants of oil and gas producers, distributors, and shippers. Amends the Gulf of Mexico Energy Security Act of 2006 to: (1) repeal the moratorium on oil and gas leasing east of the Military Mission Line in the Gulf of Mexico; and (2) decrease to 45 miles within the coastline of Florida the moratorium on oil and gas leasing. Instructs the Secretary of the Interior to promulgate regulations that establish environmental safeguards for oil and natural gas exploration and production on the outer Continental Shelf. Authorizes such Secretary to inventory the oil and natural gas resources beneath the waters of the outer Continental Shelf off the coasts of Virginia, North Carolina, South Carolina, or Georgia, only if the respective state governor requests it. Amends the Energy Policy Act of 2005 to instruct the Secretary of Energy, in evaluating applications for enhanced oil and natural gas production through carbon dioxide injection, to grant priority consideration to applications carried out in geologically challenging fields. Requires the Secretaries of the Interior and of Energy (Secretaries) to suspend acquisition of petroleum for the Strategic Petroleum Reserve (SPR) during calendar 2008. Authorizes the Secretaries to resume such acquisition after the President notifies Congress that the weighted average price of petroleum in the United States for the most recent 90-day period is $75 or less per barrel.

A bill to provide for the development and inventory of certain outer Continental Shelf resources, to suspend petroleum acquisition for the Strategic Petroleum Reserve, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Depository Institutions Disaster Relief Act of 1994''. SEC. 2. TRUTH IN LENDING ACT; EXPEDITED FUNDS AVAILABILITY ACT. (a) Truth in Lending Act.--During the 180-day period beginning on the date of enactment of this Act, the Board of Governors of the Federal Reserve System may make exceptions to the Truth in Lending Act for transactions within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law, by reason of damage related to the 1994 earthquakes in California, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweigh possible adverse effects. (b) Expedited Funds Availability Act.--During the 180-day period beginning on the date of enactment of this Act, the Board of Governors of the Federal Reserve System may make exceptions to the Expedited Funds Availability Act for depository institution offices located within any area referred to in subsection (a) of this section if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from the disaster referred to in such subsection that outweigh possible adverse effects. (c) Time Limit on Exceptions.--Any exception made under this section shall expire not later than the earlier of-- (1) 1 year after the date of enactment of this Act; or (2) 1 year after the date of any determination referred to in subsection (a). (d) Publication Required.--The Board of Governors of the Federal Reserve System shall publish in the Federal Register a statement that-- (1) describes any exception made under this section; and (2) explains how the exception can reasonably be expected to produce benefits to the public that outweigh possible adverse effects. SEC. 3. DEPOSIT OF INSURANCE PROCEEDS. (a) In General.--The appropriate Federal banking agency may, by order, permit an insured depository institution, during the 18-month period beginning on the date of enactment of this Act, to subtract from the institution's total assets, in calculating compliance with the leverage limit prescribed under section 38 of the Federal Deposit Insurance Act, an amount not exceeding the qualifying amount attributable to insurance proceeds, if the agency determines that-- (1) the institution-- (A) had its principal place of business within an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1994 earthquakes in California, on the day before the date of any such determination; (B) derives more than 60 percent of its total deposits from persons who normally reside within, or whose principal place of business is normally within, areas of intense devastation caused by the major disaster; (C) was adequately capitalized (as defined in section 38 of the Federal Deposit Insurance Act) before the major disaster; and (D) has an acceptable plan for managing the increase in its total assets and total deposits; and (2) the subtraction is consistent with the purpose of section 38 of the Federal Deposit Insurance Act. (b) Definitions.--For purposes of this section, the following definitions shall apply: (1) Appropriate federal banking agency.--The term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (2) Insured depository institution.--The term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act. (3) Leverage limit.--The term ``leverage limit'' has the same meaning as in section 38 of the Federal Deposit Insurance Act. (4) Qualifying amount attributable to insurance proceeds.-- The term ``qualifying amount attributable to insurance proceeds'' means the amount (if any) by which the institution's total assets exceed the institution's average total assets during the calendar quarter ending before the date of any determination referred to in subsection (a)(1)(A), because of the deposit of insurance payments or governmental assistance made with respect to damage caused by, or other costs resulting from, the major disaster. SEC. 4. BANKING AGENCY PUBLICATION REQUIREMENTS. (a) In General.--During the 180-day period beginning on the date of enactment of this Act, a qualifying regulatory agency may take any of the following actions with respect to depository institutions or other regulated entities whose principal place of business is within, or with respect to transactions or activities within, an area in which the President, pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, has determined that a major disaster exists, or within an area determined to be eligible for disaster relief under other Federal law by reason of damage related to the 1994 earthquakes in California, if the agency determines that the action would facilitate recovery from the major disaster: (1) Procedure.--Exercising the agency's authority under provisions of law other than this section without complying with-- (A) any requirement of section 553 of title 5, United States Code; or (B) any provision of law that requires notice or opportunity for hearing or sets maximum or minimum time limits with respect to agency action. (2) Publication requirements.--Making exceptions, with respect to institutions or other entities for which the agency is the primary Federal regulator, to-- (A) any publication requirement with respect to establishing branches or other deposit-taking facilities; or (B) any similar publication requirement. (b) Publication Required.--A qualifying regulatory agency shall publish in the Federal Register a statement that-- (1) describes any action taken under this section; and (2) explains the need for the action. (c) Qualifying Regulatory Agency Defined.--For purposes of this section, the term ``qualifying regulatory agency'' means-- (1) the Board of Governors of the Federal Reserve System; (2) the Comptroller of the Currency; (3) the Director of the Office of Thrift Supervision; (4) the Federal Deposit Insurance Corporation; (5) the Financial Institutions Examination Council; (6) the National Credit Union Administration; and (7) with respect to chapter 53 of title 31, United States Code, the Secretary of the Treasury. SEC. 5. STUDY; REPORT TO THE CONGRESS. (a) Study.--The Comptroller General of the United States shall conduct a study that-- (1) examines how the agencies and entities granted authority by the Depository Institutions Disaster Relief Act of 1993, and by this Act have exercised such authority; (2) evaluates the utility of such Acts in facilitating recovery from disasters consistent with the safety and soundness of depository institutions; and (3) contains recommendations with respect to whether the authority granted by this Act should be made permanent. (b) Report to the Congress.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the results of the study required by subsection (a). SEC. 6. SENSE OF THE CONGRESS. It is the sense of the Congress that the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Deposit Insurance Corporation, and the National Credit Union Administration should encourage depository institutions meet the financial services needs of their communities and customers located in areas affected by the 1994 earthquakes in California. SEC. 7. OTHER AUTHORITY NOT AFFECTED. No provision of this Act shall be construed as limiting the authority of any department or agency under any other provision of law.

Depository Institutions Disaster Relief Act of 1994 - Authorizes the Board of Governors of the Federal Reserve System (the Board) to make exceptions to the Truth in Lending Act and the Expedited Funds Availability Act for transactions within an area determined by the President to be eligible for disaster relief due to the 1994 earthquake damage in California, if the Board determines that the exception can reasonably be expected to alleviate hardships to the public resulting from such disaster that outweight possible adverse effects. Cites conditions under which: (1) a Federal banking agency may permit an insured depository institution within the earthquake area to subtract from its total assets, for purposes of complying with statutory leverage limits, the qualifying amount attributable to insurance proceeds; and (2) a qualifying regulatory agency may make exceptions to statutory procedural and publication requirements for regulated entities within the earthquake area. Directs the Comptroller General to report to the Congress concerning the effectiveness and possible permanent extension of the authorities granted under this Act. Expresses the sense of the Congress that the Federal regulatory agencies should encourage depository institutions to meet the financial services needs of their communities and customers within the earthquake areas.

Depository Institutions Disaster Relief Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Exploration, Development, and Settlement Act of 2016''. SEC. 2. FINDINGS. The Congress finds that-- (1) America's activities in space have challenged mankind to travel beyond planet Earth and have provided us the opportunity to expand human knowledge, to extend the limits of human consciousness, and to improve the human condition; (2) Section 217(a) of the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1989 states, ``The Congress declares that the extension of human life beyond Earth's atmosphere, leading ultimately to the establishment of space settlements, will fulfill the purposes of advancing science, exploration, and development and will enhance the general welfare.''; (3) numerous independent commissions, chartered by Congress or established by the President, have declared space settlements as a long-range objective of the American space program; (4) exploring, developing, and settling new physical areas are parts of our heritage and will most assuredly be parts of our future; (5) United States space policy requires long-range goals and strategic direction in order to provide context for near- term space projects and programs; (6) increasing awareness of planetary-scale existential risks to human civilization and the survival of the species make it prudent to develop a means to diversify the human population beyond Earth; (7) the development of space will create new jobs, catalyze new industries, accelerate innovation and new technologies, and enable America to tap vast new resources that will generate new wealth, enhance national security, and provide Americans with new and limitless opportunities; (8) the establishment of space settlements will inspire generations of future Americans; (9) the human settlement of space is fully consistent with the policies and objectives articulated in the National Aeronautics and Space Act of 1958; and (10) the adoption of a ``pioneering'' orientation by the National Aeronautics and Space Administration is an essential step toward enabling the establishment of space settlements. SEC. 3. AMENDMENTS TO THE NATIONAL AERONAUTICS AND SPACE ACT. (a) Declaration of Policy and Purpose.--Section 20102 of title 51, United States Code, is amended-- (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; (2) by inserting after subsection (c) the following new subsection: ``(d) Exploration, Development, and Settlement of Space.--The Congress declares that expanding permanent human presence beyond low- Earth orbit in a way that enables human settlement and a thriving space economy will enhance the general welfare of the United States and requires the Administration to encourage and support the development of permanent space settlements.''; (3) in subsection (e), as so redesignated by paragraph (1) of this subsection, by inserting after paragraph (9) the following new paragraph: ``(10) The expansion of permanent human presence beyond low-Earth orbit in a way that enables human settlement and a thriving space economy.''; and (4) in subsection (i), as so redesignated by paragraph (1) of this subsection, by striking ``to (g)'' and inserting in lieu thereof ``to (h)''. (b) Definitions.--Section 20103 of title 51, United States Code, is amended-- (1) by inserting, in paragraph (1)(D), ``and development'' after ``exploration''; and (2) by adding at the end the following new paragraph: ``(3) Space settlement.--The term `space settlement' means any community of humans living beyond Earth's atmosphere that is able to economically sustain its population through a neutral or positive balance of trade of goods and services, and is able to expand its habitable real estate as need and desire of the community may warrant and international law permits.''. SEC. 4. SPACE SETTLEMENT ACTIVITIES. (a) Space Development and Settlement Information.--Consistent with the national security interests of the United States, the National Aeronautics and Space Administration shall, in close cooperation with other appropriate agencies, the private sector, academia, and the international community, obtain, produce, and provide information relating to all issues important for the development of a thriving space economy and the development and establishment of human space settlements. (b) Report.--Once every two years after the date of enactment of this Act, the Administrator shall submit a report to the President, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate which describes the progress made toward expanding permanent human presence beyond low-Earth orbit in a way that enables human settlement and a thriving space economy. (c) Metrics.--The National Aeronautics and Space Administration shall, as part of its first report as required by subsection (b), include one or more metrics by which to determine progress made toward space settlement against which all subsequent reports as required by subsection (b) shall be compared. The metrics may be revised as appropriate over time to reflect emerging technological, economic, and other trends. SEC. 5. REVIEW OF NATIONAL SPACE POLICY AS IT MAY RELATE TO SPACE SETTLEMENT AND A THRIVING SPACE ECONOMY. It is the sense of Congress that the President should conduct a review of national space policy to incorporate as a long-term goal of the human spaceflight and exploration program to expand human presence beyond low-Earth orbit in a way that will enable human settlement and a thriving space economy.

Space Exploration, Development, and Settlement Act of 2016 This bill requires the National Aeronautics and Space Administration (NASA) to encourage and support the development of permanent space settlements. Expanding permanent human presence beyond low-Earth orbit in a way that enables human settlement and a thriving space economy shall be an objective of U.S. aeronautical and space activities. NASA shall obtain, produce, and provide information related to all issues important for the development of a thriving space economy and the establishment of human space settlements.

Space Exploration, Development, and Settlement Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the Firefighter Cancer Registry Act of 2018. SEC. 2. VOLUNTARY REGISTRY FOR FIREFIGHTER CANCER INCIDENCE. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the Secretary), acting through the Director of the Centers for Disease Control and Prevention and in coordination with other agencies as the Secretary determines appropriate, shall develop and maintain, directly or through a grant or cooperative agreement, a voluntary registry of firefighters (referred to in this section as the Firefighter Registry) to collect relevant health and occupational information of such firefighters for purposes of determining cancer incidence. (b) Use of Firefighter Registry.--The Firefighter Registry may be used for the following purposes: (1) To improve data collection and data coordination activities related to the nationwide monitoring of the incidence of cancer among firefighters. (2) To collect, consolidate, and maintain, consistent with subsection (g), epidemiological information and analyses related to cancer incidence and trends among firefighters (c) Relevant Data.-- (1) Data collection.--In carrying out the voluntary data collection for purposes of inclusion under the Firefighter Registry, the Secretary may collect the following: (A) Information, as determined by the Secretary under subsection (d)(1), of volunteer, paid-on-call, and career firefighters, independent of cancer status or diagnosis. (B) Individual risk factors and occupational history of firefighters. (C) Information, if available, related to-- (i) basic demographic information, including-- (I) the age of the firefighter involved during the relevant dates of occupation as a firefighter; and (II) the age of cancer diagnosis; (ii) the status of the firefighter as either volunteer, paid-on-call, or career firefighter; (iii) the total number of years of occupation as a firefighter and a detailing of additional employment experience, whether concurrent, before, or anytime thereafter; (iv)(I) the approximate number of fire incidents attended, including information related to the type of fire incidents and the role of the firefighter in responding to the incident; or (II) in the case of a firefighter for whom information on such number and type is unavailable, an estimate of such number and type based on the method developed under subsection (d)(1)(D); and (v) other medical information and health history, including additional risk factors, as appropriate, and other information relevant to a cancer incidence study of firefighters. (2) Information on diagnoses and treatment.--In carrying out paragraph (1), with respect to diagnoses and treatment of firefighters with cancer, the Secretary shall, as appropriate, enable the Firefighter Registry to electronically connect to State- based cancer registries, for a purpose described by clause (vi) or (vii) of section 399B(c)(2)(D) of the Public Health Service Act (42 U.S.C. 280e(c)(2)(D)), to obtain-- (A) date of diagnoses and source of information; and (B) pathological data characterizing the cancer, including cancer site, state of disease (pursuant to Staging Guide), incidence, and type of treatment. (d) Firefighter Registry Coordination Strategy.-- (1) Required strategy.--The Secretary shall, in consultation with the relevant stakeholders identified in subsection (e), including epidemiologists and pathologists, develop a strategy to coordinate data collection activities, including within existing State registries, for inclusion in the Firefighter Registry established under this Act. The strategy may include the following: (A) Increasing awareness of the Firefighter Registry and encouraging participation among volunteer, paid-on-call, and career firefighters. (B) Consideration of unique data collection needs that may arise to generate a statistically reliable representation of minority, female, and volunteer firefighters, including methods, as needed, to encourage participation from such populations. (C) Information on how the Secretary will store data described in subsection (c)(1) and provide electronic access to relevant health information described in subsection (c)(2). (D) Working in consultation with the experts described in subsection (e), a reliable and standardized method for estimating the number of fire incidents attended by a firefighter as well as the type of fire incident so attended in the case such firefighter is unable to provide such information. (2) Report to congress.--The Secretary shall submit the strategy described in paragraph (1) to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate not later than 30 days after the date of the completion of the strategy. (3) Guidance for inclusion and maintenance of data on firefighters.--The Secretary shall develop, in consultation with the stakeholders identified in subsection (e), State health agencies, State departments of homeland security, and volunteer, paid-on-call, combination, and career firefighting agencies, a strategy for inclusion of firefighters in the registry that are representative of the general population of firefighters, that outlines the following: (A) How new information about firefighters will be submitted to the Firefighter Registry for inclusion. (B) How information about firefighters will be maintained and updated in the Firefighter Registry over time. (C) A method for estimating the number of fire incidents attended by a firefighter as well as the type of fire incident so attended in the case such firefighter is unable to provide such information. (D) Further information, as deemed necessary by the Secretary. (e) Consultation and Report.--The Secretary shall consult with non- Federal experts on the Firefighter Registry established under this section, and shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes, as appropriate, information on goals achieved and improvements needed to strengthen the Firefighter Registry. Such non-Federal experts shall include the following: (1) Public health experts with experience in developing and maintaining cancer registries. (2) Epidemiologists with experience in studying cancer incidence. (3) Clinicians with experience in diagnosing and treating cancer incidence. (4) Active and retired volunteer, paid-on-call, and career firefighters as well as relevant national fire and emergency response organizations. (f) Research Availability.--Subject to subsection (g), the Secretary shall ensure that information and analysis in the Firefighter Registry are available, as appropriate, to the public, including researchers, firefighters, and national fire service organizations. (g) Privacy.--In carrying out this Act, the Secretary shall ensure that information in and analysis of the Firefighter Registry are made available in a manner that, at a minimum, protects personal privacy to the extent required by applicable Federal and State privacy law. (h) Authorization of Funds.--To carry out this section, there are authorized to be appropriated $2,500,000 for each of the fiscal years 2018 through 2022. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Firefighter Cancer Registry Act of 2018 (Sec. 2) This bill requires the Centers for Disease Control and Prevention (CDC) to develop and maintain a voluntary registry of firefighters in order to collect history and occupational information that can be used to determine the incidence of cancer among firefighters. The registry must be used to improve monitoring of cancer among firefighters and to collect and publish epidemiological information. The CDC should seek to include specified information in the registry, including the number and type of fire incidents attended by an individual. To collect information for the registry, the CDC must enable the registry to connect to state-based cancer registries. The CDC must also: (1) develop a strategy to encourage participation in the registry, (2) develop guidance for states and firefighting agencies regarding the registry, and (3) seek feedback on the registry from nonfederal experts. The CDC must make registry data available to the public and in accordance with privacy laws.

Firefighter Cancer Registry Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Exploration Opportunities Act of 2015''. SEC. 2. GEOTHERMAL EXPLORATION TEST PROJECTS. The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is amended by adding at the end the following: ``SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS. ``(a) Definitions.--In this section: ``(1) Covered land.--The term `covered land' means land that is-- ``(A)(i) public land administered by the Secretary; or ``(ii) National Forest System land administered by the Secretary of Agriculture; and ``(B) not excluded from the development of geothermal energy under-- ``(i) a final land use plan established under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); ``(ii) a final land and resource management plan established under the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); or ``(iii) any other applicable law. ``(2) Secretary concerned.--The term `Secretary concerned' means-- ``(A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and ``(B) the Secretary, with respect to land managed by the Bureau of Land Management (including land held for the benefit of an Indian tribe). ``(b) NEPA Review of Geothermal Exploration Test Projects.-- ``(1) In general.--An eligible activity described in paragraph (2) carried out on covered land shall be considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation) if-- ``(A) the action is for the purpose of geothermal resource exploration operations; and ``(B) the action is conducted pursuant to this Act. ``(2) Eligible activity.--An eligible activity referred to in paragraph (1) is-- ``(A) a geophysical exploration activity that does not require drilling, including a seismic survey; ``(B) the drilling of a well to test or explore for geothermal resources on land leased by the Secretary concerned for the development and production of geothermal resources that-- ``(i) is carried out by the holder of the lease; ``(ii) causes-- ``(I) fewer than 5 acres of soil or vegetation disruption at the location of each geothermal exploration well; and ``(II) not more than an additional 5 acres of soil or vegetation disruption during access or egress to the project site; ``(iii) is completed in fewer than 90 days, including the removal of any surface infrastructure from the project site; and ``(iv) requires the restoration of the project site not later than 3 years after the date of completion of the project to approximately the condition that existed at the time the project began, unless-- ``(I) the project site is subsequently used as part of energy development on the lease; or ``(II) the project-- ``(aa) yields geothermal resources; and ``(bb) the use of the geothermal resources will be carried out under another geothermal generation project in existence at the time of the discovery of the geothermal resources; or ``(C) the drilling of a well to test or explore for geothermal resources on land leased by the Secretary concerned for the development and production of geothermal resources that-- ``(i) causes an individual surface disturbance of fewer than 5 acres if-- ``(I) the total surface disturbance on the leased land is not more than 150 acres; and ``(II) a site-specific analysis has been prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); ``(ii) involves the drilling of a geothermal well at a location or well pad site at which drilling has occurred within 5 years before the date of spudding the well; or ``(iii) involves the drilling of a geothermal well in a developed field for which-- ``(I) an approved land use plan or any environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed the drilling as a reasonably foreseeable activity; and ``(II) the land use plan or environmental document was approved within 10 years before the date of spudding the well. ``(3) Limitation based on extraordinary circumstances.--The categorical exclusion established under paragraph (1) shall be subject to extraordinary circumstances in accordance with the Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2 (or successor provisions). ``(c) Notice of Intent; Review and Determination.-- ``(1) Requirement to provide notice.--Not later than 30 days before the date on which drilling begins, a leaseholder intending to carry out an eligible activity shall provide notice to the Secretary concerned. ``(2) Review of project.--Not later than 10 days after receipt of a notice of intent provided under paragraph (1), the Secretary concerned shall-- ``(A) review the project described in the notice and determine whether the project is an eligible activity; and ``(B)(i) if the project is an eligible activity, notify the leaseholder that under subsection (b), the project is considered a categorical exclusion under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation); or ``(ii) if the project is not an eligible activity-- ``(I) notify the leaseholder that section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) applies to the project; ``(II) include in that notification clear and detailed findings on any deficiencies in the project that prevent the application of subsection (b) to the project; and ``(III) provide an opportunity to the leaseholder to remedy the deficiencies described in the notification before the date on which the leaseholder plans to begin the project under paragraph (1).''.

Geothermal Exploration Opportunities Act of 2015 This bill amends the Geothermal Steam Act of 1970 to categorically exclude from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA) a geothermal exploration test project on National Forest System land or land managed by the Bureau of Land Management (BLM) if the project is either: a geophysical exploration activity that does not require drilling; test drilling causing soil or vegetation disruption of fewer than 10 acres, including access, that is completed in fewer than 90 days and meets other requirements, such as for restoration of the site; test drilling causing an individual surface disturbance of fewer than 5 acres with a total surface disturbance of fewer than 150 acres when a site specific analysis has been prepared; test drilling on a site at which drilling has occurred within 5 years; or test drilling on the site of a developed field that has been approved for drilling in the last 10 years pursuant to an approved land use plan or any NEPA environmental documents. A leaseholder of a geothermal lease on federal land intending to carry out a geothermal exploration test project must provide notice to the Department of the Interior, with respect to BLM land, or to the Department of Agriculture (USDA), with respect to National Forest System land . BLM and USDA must: review those projects, notify the leaseholder of project deficiencies that preclude the NEPA exemption, and allow leaseholders an opportunity to remedy those deficiencies prior to the date that the leaseholder intended to start drilling.

Geothermal Exploration Opportunities Act of 2015