FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE DISTRICT OF COLUMBIA. (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled ``An Act to provide for the organization of the militia of the District of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49- 409, D.C. Official Code), is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C. Official Code) is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such Act (sec. 49-301(a), D.C. Official Code) is amended-- (A) by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''; and (B) by striking ``President.'' and inserting ``Mayor.''. (2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is amended by striking ``President'' and inserting ``Mayor of the District of Columbia''. (3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``to the Secretary of the Army'' and all that follows through ``which board'' and inserting ``to a board of examination appointed by the Commanding General, which''; and (B) in subsection (b), by striking ``the Secretary of the Army'' and all that follows through the period and inserting ``the Mayor of the District of Columbia, together with any recommendations of the Commanding General.''. (5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is amended-- (A) by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''; and (B) by striking ``the President may retire'' and inserting ``the Mayor may retire''. (d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C. Official Code) is amended by striking ``, or for the United States Marshal'' and all that follows through ``shall thereupon order'' and inserting ``to order''. (2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is amended by striking ``the President'' and inserting ``the Mayor of the District of Columbia''. (e) General Courts Martial.--Section 51 of such Act (sec. 49-503, D.C. Official Code) is amended by striking ``the President of the United States'' and inserting ``the Mayor of the District of Columbia''. SEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE. (a) Detail for Training.--(1) Section 4301(c) of title 10, United States Code, is amended by striking ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (2) Section 9301(c) of such title is amended by striking ``governor or other appropriate authority of the State or Territory, Puerto Rico, or the District of Columbia'' and inserting ``Governor of the State, Territory, or Puerto Rico or the Mayor of the District of Columbia''. (b) Failure to Satisfactorily Perform Prescribed Training.--Section 10148(b) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (c) Appointment of Chief of National Guard Bureau.--Section 10502(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (d) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (e) Other Senior National Guard Bureau Officers.--Section 10506(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' both places it appears and inserting ``the Mayor of the District of Columbia''. (f) Consent for Active Duty or Relocation.--(1) Section 12301 of title 10, United States Code, is amended-- (A) in subsection (b), by striking ``commanding general of the District of Columbia National Guard'' in the second sentence and inserting ``Mayor of the District of Columbia''; and (B) in subsection (d), by striking ``governor or other appropriate authority of the State concerned'' and inserting ``governor of the State (or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia)''. (2) Section 12406 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (g) Consent for Relocation of Units.--Section 18238 of such title is amended by striking ``, in the case of the District of Columbia, the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia, as the case may be''. SEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE. (a) Maintenance of Other Troops.--Section 109(c) of title 32, United States Code, is amended by striking ``(or commanding general in the case of the District of Columbia)''. (b) Drug Interdiction and Counter-Drug Activities.--Section 112(i)(2) of such title is amended by striking ``the Commanding General of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (c) Appointment of Adjutant General.--Section 314 of such title is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia,''. (d) Personnel Matters.--(1) Section 327(a) of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia, as the case may be''. (2) Section 331 of such title is amended by striking ``its commanding general'' and inserting ``the Mayor of the District of Columbia''. (3) Section 505 of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' in the first sentence and inserting ``Mayor of the District of Columbia''. (e) National Guard Challenge Program.--Section 509 of such title is amended-- (1) in subsection (c)(1), by striking ``the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general'' and inserting ``the Mayor of the District of Columbia, under which the Governor or the Mayor''; (2) in subsection (g)(2), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; (3) in subsection (j), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; and (4) in subsection (k), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (f) Issuance of Supplies.--Section 702(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. (g) Appointment of Fiscal Officer.--Section 708(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. SEC. 4. CONFORMING AMENDMENT TO GUARD AND RESERVE TRANSITION INITIATIVES. Section 4416(a)(3) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2714) is amended by striking ``or territory, Puerto Rico, or the District of Columbia'' and inserting ``, territory, or the Commonwealth of Puerto Rico, or the Mayor of the District of Columbia''. SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE ACT. Section 602(b) of the District of Columbia Home Rule Act (sec. 1- 206.02(b), D.C. Official Code) is amended by striking ``the National Guard of the District of Columbia,''.

Amends the District of Columbia Code to make the Mayor of the District of Columbia (currently, the President of the United States) the Commander-in-Chief of the militia of the District. Makes conforming amendments to comply with this Act to: (1) Title 10 (Armed Forces); (2) Title 32 (National Guard); (3) the National Defense Authorization Act for Fiscal Year 1993; and (4) the District of Columbia Home Rule Act.

To extend to the Mayor of the District of Columbia the same authority with respect to the National Guard of the District of Columbia as the Governors of the several States exercise with respect to the National Guard of those States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Pharmacy Fairness Act of 2007''. SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES NEGOTIATING WITH HEALTH PLANS. (a) In General.--Any independent pharmacies who are engaged in negotiations with a health plan regarding the terms of any contract under which the pharmacies provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be entitled to the same treatment under the antitrust laws as the treatment to which bargaining units which are recognized under the National Labor Relations Act are entitled in connection with activities described in section 7 of such Act. Such a pharmacy shall, only in connection with such negotiations, be treated as an employee engaged in concerted activities and shall not be regarded as having the status of an employer, independent contractor, managerial employee, or supervisor. (b) Protection for Good Faith Actions.--Actions taken in good faith reliance on subsection (a) shall not be the subject under the antitrust laws of criminal sanctions nor of any civil damages, fees, or penalties beyond actual damages incurred. (c) No Change in National Labor Relations Act.--This section applies only to independent pharmacies excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (d) Effective Date.--The exemption provided in subsection (a) shall apply to conduct occurring beginning on the date of the enactment of this Act. (e) Limitations on Exemption.--Nothing in this section shall exempt from the application of the antitrust laws any agreement or otherwise unlawful conspiracy that-- (1) would have the effect of boycotting any independent pharmacy or group of independent pharmacies, or would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by, any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within the scope of practice as defined or permitted by relevant law or regulation; (2) allocates a market among competitors; (3) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (4) monopolizes or attempts to monopolize a market. (f) Limitation Based on Market Share of Group.--This section shall not apply with respect to the negotiations of any group of independent pharmacies with a health plan regarding the terms of any contract under which such pharmacies provide health care items or services for which benefits are provided under such plan in a PDP region (as defined in subsection (j)(4)) if the number of pharmacy licenses of such pharmacies within such group in such region exceeds 25 percent of the total number of pharmacy licenses issued to all retail pharmacies (including both independent and other pharmacies) in such region. (g) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in this section shall be construed to affect the application of title VI of the Civil Rights Act of 1964. (h) No Application to Specified Federal Programs.--Nothing in this section shall apply to negotiations between independent pharmacies and health plans pertaining to benefits provided under any of the following: (1) The Medicaid Program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (2) The State Children's Health Insurance Program (SHIP) under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (3) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (4) Chapter 17 of title 38, United States Code (relating to Veterans' medical care). (5) Chapter 89 of title 5, United States Code (relating to the Federal employees' health benefits program). (6) The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (i) Definitions.--For purposes of this section: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Health plan and related terms.-- (A) In general.--The term ``health plan''-- (i) means a group health plan or a health insurance issuer that is offering health insurance coverage; (ii) includes any entity that contracts with such a plan or issuer for the administering of services under the plan or coverage; and (iii) includes a prescription drug plan offered under part D of title XVIII of the Social Security Act and a Medicare Advantage plan offered under part C of such title. (B) Health insurance coverage; health insurance issuer.--The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms under paragraphs (1) and (2), respectively, of section 733(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)). (C) Group health plan.--The term ``group health plan'' has the meaning given that term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)). (3) Independent pharmacy.--The term ``independent pharmacy'' means a pharmacy that has a market share of-- (A) less than 10 percent in any PDP region; and (B) less than 1 percent in the United States. For purposes of the preceding sentence, all pharmacies that are members of the same controlled group of corporations (within the meaning of section 267(f) of the Internal Revenue Code of 1986) and all pharmacies under common control (within the meaning of section 52(b) of such Code but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 pharmacy. (4) PDP region.--The term ``PDP region'' has the meaning given such term in section 1860D-11(a)(2) of the Social Security Act (42 U.S.C. 1395w-111(a)(2)). (j) 5-Year Sunset.--The exemption provided in subsection (a) shall only apply to conduct occurring during the 5-year period beginning on the date of the enactment of this Act and shall continue to apply for 1 year after the end of such period to contracts entered into before the end of such period. (k) General Accounting Office Study and Report.--The Comptroller General of the United States shall conduct a study on the impact of enactment of this section during the 6-month period beginning with the 5th year of the 5-year period described in subsection (j). Not later than the end of such 6-month period, the Comptroller General shall submit to Congress a report on such study and shall include in the report such recommendations on the extension of this section (and changes that should be made in making such extension) as the Comptroller General deems appropriate. (l) Oversight.--Nothing in this section shall preclude the Federal Trade Commission or the Department of Justice from overseeing the conduct of independent pharmacies covered under this section.

Community Pharmacy Fairness Act of 2007 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities in connection with such negotiations. Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred. Provides that this Act does not exempt from application of antitrust laws any agreement or unlawful conspiracy that: (1) would have the effect of boycotting any independent pharmacy; (2) would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; (3) allocates a market among competitors; (4) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (5) monopolizes or attempts to monopolize a market. Excludes from the application of this Act: (1) negotiations of any group of independent pharmacies with a health plan if the number of pharmacy licenses within such group in a PDP region (Medicare Part D prescription drug plan region) exceeds 25% of the total number of pharmacy licenses issued to all retail pharmacies in the region; and (2) negotiations between independent pharmacies and health plans pertaining to federal health benefits. Requires the Comptroller General to study the impact of this Act after five years. Provides that this Act does not preclude the Federal Trade Commission (FTC) or the Department of Justice (DOJ) from overseeing the conduct of independent pharmacies covered under this Act.

To ensure and foster continued patient safety and quality of care by making the antitrust laws apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers (including health plans under parts C and D of the Medicare Program) in the same manner as such laws apply to protected activities under the National Labor Relations Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Max Cleland Over-the-Road Bus Security and Safety Act of 2002''. SEC. 2. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE. (a) In General.--The Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, shall establish a program for making grants to private operators of over-the-road buses for system-wide security improvements to their operations, including-- (1) constructing and modifying terminals, garages, facilities, or over-the-road buses to assure their security; (2) protecting or isolating the driver; (3) acquiring, upgrading, installing, or operating equipment, software, or accessorial services for collection, storage, or exchange of passenger and driver information through ticketing systems or otherwise, and information links with government agencies; (4) training employees in recognizing and responding to security threats, evacuation procedures, passenger screening procedures, and baggage inspection; (5) hiring and training security officers; (6) installing cameras and video surveillance equipment on over-the-road buses and at terminals, garages, and over-the- road bus facilities; (7) creating a program for employee identification or background investigation; (8) establishing an emergency communications system linked to law enforcement and emergency personnel; and (9) implementing and operating passenger screening programs at terminals and on over-the-road buses. (b) Reimbursement.--A grant under this Act may be used to provide reimbursement to private operators of over-the-road buses for extraordinary security-related costs for improvements described in paragraphs (1) through (9) of subsection (a), determined by the Secretary to have been incurred by such operators since September 11, 2001. (c) Federal Share.--The Federal share of the cost for which any grant is made under this Act shall be 90 percent. (d) Due Consideration.--In making grants under this Act, the Secretary shall give due consideration to private operators of over- the-road buses that have taken measures to enhance bus transportation security from those in effect before September 11, 2001. (e) Grant Requirements.--A grant under this Act shall be subject to all the terms and conditions that a grant is subject to under section 3038(f) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 393). SEC. 3. PLAN REQUIREMENT. (a) In General.--The Secretary may not make a grant under this Act to a private operator of over-the-road buses until the operator has first submitted to the Secretary-- (1) a plan for making security improvements described in section 2 and the Secretary has approved the plan; and (2) such additional information as the Secretary may require to ensure accountability for the obligation and expenditure of amounts made available to the operator under the grant. (b) Coordination.--To the extent that an application for a grant under this section proposes security improvements within a specific terminal owned and operated by an entity other than the applicant, the applicant shall demonstrate to the satisfaction of the Secretary that the applicant has coordinated the security improvements for the terminal with that entity. SEC. 4. OVER-THE-ROAD BUS DEFINED. In this Act, the term ``over-the-road bus'' means a bus characterized by an elevated passenger deck located over a baggage compartment. SEC. 5. BUS SECURITY ASSESSMENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a preliminary report in accordance with the requirements of this section. (b) Contents of Preliminary Report.--The preliminary report shall include-- (1) an assessment of the over-the-road bus security grant program; (2) an assessment of actions already taken to address identified security issues by both public and private entities and recommendations on whether additional safety and security enforcement actions are needed; (3) an assessment of whether additional legislation is needed to provide for the security of Americans traveling on over-the-road buses; (4) an assessment of the economic impact that security upgrades of buses and bus facilities may have on the over-the- road bus transportation industry and its employees; (5) an assessment of ongoing research and the need for additional research on over-the-road bus security, including engine shut-off mechanisms, chemical and biological weapon detection technology, and the feasibility of compartmentalization of the driver; and (6) an assessment of industry best practices to enhance security. (c) Consultation With Industry, Labor, and Other Groups.--In carrying out this section, the Secretary shall consult with over-the- road bus management and labor representatives, public safety and law enforcement officials, and the National Academy of Sciences. SEC. 6. FUNDING. There is authorized to be appropriated to the Secretary of Transportation to carry out this Act $99,000,000 for fiscal year 2003. Such sums shall remain available until expended. Passed the House of Representatives November 15 (legislative day, November 14), 2002. Attest: Clerk. 107th CONGRESS 2d Session H. R. 3429 _______________________________________________________________________ AN ACT To direct the Secretary of Transportation to make grants for security improvements to over-the-road bus operations, and for other purposes.

Max Cleland Over-the-Road Bus Security and Safety Act of 2002 - (Sec. 2) Directs the Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, to establish a program to make grants to private operators of over-the-road buses for specified system-wide security improvements to their operations, including the reimbursement of extraordinary security-related costs incurred since September 11, 2001.(Sec. 3) Sets forth certain grant requirements, including requiring: (1) an applicant private operator of over-the-road buses to submit to the Secretary a security improvements plan; and (2) an applicant for a grant for security improvements within a terminal owned and operated by an entity other than the applicant to demonstrate to the Secretary that such applicant has coordinated such improvements for the terminal with the entity.(Sec. 5) Requires the Secretary to submit to specified congressional committees a preliminary report that includes, among other things, an assessment of the over-the-road bus security grant program.(Sec. 6) Authorizes appropriations for FY 2003.

To direct the Secretary of Transportation to make grants for security improvements to over-the-road bus operations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Families Save Their Homes in Bankruptcy Act of 2009''. SEC. 2. ELIGIBILITY FOR RELIEF. Section 109 of title 11, United States Code, is amended-- (1) by adding at the end of subsection (e) the following: ``For purposes of this subsection, the computation of debts shall not include the secured or unsecured portions of-- ``(1) debts secured by the debtor's principal residence if the current value of such residence is less than the secured debt limit; or ``(2) debts secured or formerly secured by real property that was the debtor's principal residence that was sold in foreclosure or that the debtor surrendered to the creditor if the current value of such real property is less than the secured debt limit.'', and (2) by adding at the end of subsection (h) the following: ``(5) The requirements of paragraph (1) shall not apply in a case under chapter 13 with respect to a debtor who submits to the court a certification that the debtor has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence.''. SEC. 3. PROHIBITING CLAIMS ARISING FROM VIOLATIONS OF THE TRUTH IN LENDING ACT. Section 502(b) of title 11, United States Code, is amended-- (1) in paragraph (8) by striking ``or'' at the end, (2) in paragraph (9) by striking the period at the end and inserting ``; or'', and (3) by adding at the end the following: ``(10) the claim for a loan secured by a security interest in the debtor's principal residence is subject to a remedy for rescission under the Truth in Lending Act notwithstanding the prior entry of a foreclosure judgment, except that nothing in this paragraph shall be construed to modify, impair, or supersede any other right of the debtor.''. SEC. 4. AUTHORITY TO MODIFY CERTAIN MORTGAGES. Section 1322 of title 11, United States Code, is amended-- (1) in subsection (b)-- (A) by redesignating paragraph (11) as paragraph (12), (B) in paragraph (10) by striking ``and'' at the end, and (C) by inserting after paragraph (10) the following: ``(11) notwithstanding paragraph (2) and otherwise applicable nonbankruptcy law, with respect to a claim for a loan originated before the effective date of this paragraph and secured by a security interest in the debtor's principal residence that is the subject of a notice that a foreclosure may be commenced with respect to such loan, modify the rights of the holder of such claim (and the rights of the holder of any claim secured by a subordinate security interest in such residence)-- ``(A) by providing for payment of the amount of the allowed secured claim as determined under section 506(a)(1); ``(B) if any applicable rate of interest is adjustable under the terms of such security interest by prohibiting, reducing, or delaying adjustments to such rate of interest applicable on and after the date of filing of the plan; ``(C) by modifying the terms and conditions of such loan-- ``(i) to extend the repayment period for a period that is no longer than the longer of 40 years (reduced by the period for which such loan has been outstanding) or the remaining term of such loan, beginning on the date of the order for relief under this chapter; and ``(ii) to provide for the payment of interest accruing after the date of the order for relief under this chapter at a fixed annual rate equal to the currently applicable average prime offer rate as of the date of the order for relief under this chapter, corresponding to the repayment term determined under the preceding paragraph, as published by the Federal Financial Institutions Examination Council in its table entitled `Average Prime Offer Rates--Fixed', plus a reasonable premium for risk; and ``(D) by providing for payments of such modified loan directly to the holder of the claim; and'', and (2) by adding at the end the following: ``(g) A claim may be reduced under subsection (b)(11)(A) only on the condition that if the debtor sells the principal residence securing such claim, before receiving a discharge under this chapter and receives net proceeds from the sale of such residence, then the debtor agrees to pay to such holder-- ``(1) if such residence is sold in the 1st year occurring after the effective date of the plan, 80 percent of the amount of the difference between the sales price and the amount of such claim (plus costs of sale and improvements), but not to exceed the amount of the allowed secured claim determined as if such claim had not been reduced under such subsection; ``(2) if such residence is sold in the 2d year occurring after the effective date of the plan, 60 percent of the amount of the difference between the sales price and the amount of such claim (plus costs of sale and improvements), but not to exceed the amount of the allowed secured claim determined as if such claim had not been reduced under such subsection; ``(3) if such residence is sold in the 3d year occurring after the effective date of the plan, 40 percent of the amount of the difference between the sales price and the amount of such claim (plus costs of sale and improvements), but not to exceed the amount of the allowed secured claim determined as if such claim had not been reduced under such subsection; and ``(4) if such residence is sold in the 4th year occurring after the effective date of the plan, 20 percent of the amount of the difference between the sales price and the amount of such claim (plus costs of sale and improvements), but not to exceed the amount of the allowed secured claim determined as if such claim had not been reduced under such subsection. ``(h) With respect to a claim of the kind described in subsection (b)(11), the plan may not contain a modification under the authority of subsection (b)(11)-- ``(1) in a case commenced under this chapter after the expiration of the 15-day period beginning on the effective date of this subsection, unless-- ``(A) the debtor certifies that the debtor attempted, not less than 15 days before the commencement of the case, to contact the holder of such claim (or the entity collecting payments on behalf of such holder) regarding modification of the loan that is the subject of such claim; or ``(B) a foreclosure sale is scheduled to occur on a date in the 30-day period beginning on the date the case is commenced; and ``(2) in any other case pending under this chapter, unless the debtor certifies that the debtor attempted to contact the holder of such claim (or the entity collecting payments on behalf of such holder) regarding modification of the loan that is the subject of such claim, before-- ``(A) filing a plan under section 1321 that contains a modification under the authority of subsection (b)(11); or ``(B) modifying a plan under section 1323 or 1329 to contain a modification under the authority of subsection (b)(11).''. SEC. 5. COMBATING EXCESSIVE FEES. Section 1322(c) of title 11, United States Code, is amended-- (1) in paragraph (1) by striking ``and'' at the end, (2) in paragraph (2) by striking the period at the end and inserting a semicolon, and (3) by adding at the end the following: ``(3) the debtor, the debtor's property, and property of the estate are not liable for a fee, cost, or charge that is incurred while the case is pending and arises from a debt that is secured by the debtor's principal residence except to the extent that-- ``(A) the holder of the claim for such debt files with the court (annually or, in order to permit filing consistent with clause (ii), at such more frequent periodicity as the court determines necessary) notice of such fee, cost, or charge before the earlier of-- ``(i) 1 year after such fee, cost, or charge is incurred; or ``(ii) 60 days before the closing of the case; and ``(B) such fee, cost, or charge-- ``(i) is lawful under applicable nonbankruptcy law, reasonable, and provided for in the applicable security agreement; and ``(ii) is secured by property the value of which is greater than the amount of such claim, including such fee, cost, or charge; ``(4) the failure of a party to give notice described in paragraph (3) shall be deemed a waiver of any claim for fees, costs, or charges described in paragraph (3) for all purposes, and any attempt to collect such fees, costs, or charges shall constitute a violation of section 524(a)(2) or, if the violation occurs before the date of discharge, of section 362(a); and ``(5) a plan may provide for the waiver of any prepayment penalty on a claim secured by the debtor's principal residence.''. SEC. 6. CONFIRMATION OF PLAN. Section 1325(a) of title 11, United States Code, is amended-- (1) in paragraph (8) by striking ``and'' at the end, (2) in paragraph (9) by striking the period at the end and inserting a semicolon, and (3) by inserting after paragraph (9) the following: ``(10) notwithstanding subclause (I) of paragraph (5)(B)(i), whenever the plan modifies a claim in accordance with section 1322(b)(11), the plan provides that the holder of such claim retain the lien until the later of-- ``(A) the payment of such holder's allowed secured claim; or ``(B) discharge under section 1328; and ``(11) whenever the plan modifies a claim in accordance with section 1322(b)(11), the court finds that such modification is in good faith and that the debtor did not obtain the extension, renewal, or refinancing of credit that gives rise to a modified claim by the debtor's material misrepresentation, false pretenses, or actual fraud.''. SEC. 7. DISCHARGE. Section 1328 of title 11, United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``(other than payments to holders of claims whose rights are modified under section 1322(b)(11))'' after ``paid'', and (B) in paragraph (1) by inserting ``or, to the extent of the unpaid portion of an allowed secured claim, provided for in section 1322(b)(11)'' after ``1322(b)(5)'', and (2) in subsection (c)(1) by inserting ``or, to the extent of the unpaid portion of an allowed secured claim, provided for in section 1322(b)(11)'' after ``1322(b)(5)''. SEC. 8. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed to modify any obligation of the Federal Housing Administration, the Veterans Administration, or the Department of Agriculture under a contract that guarantees or insures the payment of any part of a loan secured by a security interest in a principal residence. SEC. 9. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply with respect to cases commenced under title 11 of the United States Code before, on, or after the date of the enactment of this Act.

Helping Families Save their Homes in Bankruptcy Act of 2009 - (Sec. 1) Amends federal bankruptcy law governing a Chapter 13 debtor (adjustment of debts of an individual with regular income). Excludes from computation of debts the secured or unsecured portions of: (1) debts secured by the debtor's principal residence if the current value of that residence is less than the secured debt limit; or (2) debts secured or formerly secured by a debtor's principal residence that was either sold in foreclosure or surrendered to the creditor if the current value of such real property is less than the secured debt limit. (Sec. 2) Declares the credit counseling requirement inapplicable to a Chapter 13 debtor who certifies that he or she has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence. (Sec. 3) Requires the court to disallow a claim for a loan secured by a security interest in the debtor's principal residence that is subject to remedy for damages or rescission due to violations of the Truth in Lending Act, notwithstanding prior entry of a foreclosure judgment. Prohibits construction of such disallowance to modify, impair, or supersede any other right of the debtor. (Sec. 4) Allows modification of claim holders' rights in connection with a foreclosure notice for a chapter 13 debtor whose loan originated before the effective date of this Act. Allows changing an adjustable rate of interest to a fixed rate, and extending the repayment period. Prescribes conditions for reducing a claim under this Act if the debtor receives net proceeds from the sale of the principal residence before receiving a discharge in bankruptcy. Establishes requirements for modification of other kinds of claims for a loan secured by a security interest in the debtor's principal residence. (Sec. 5) Denies debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements. (Sec. 6) Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim for a loan secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of such claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith and the court finds that the debtor did not obtain the modified claim by the debtor's material misrepresentation, false pretenses, or actual fraud. (Sec. 7) Excludes from final discharge of a debtor from all debts: (1) any payments to claim holders whose rights are modified under this Act; and (2) any unpaid portion of a claim as reduced. (Sec. 8) Prohibits the construction of this Act to modify any obligation of the Federal Housing Administration (FHA), the Veterans Administration (VA), or the Department of Agriculture under a contract that guarantees or insures payment of a loan secured by a security interest in a principal residence.

To amend title 11 of the United States Code with respect to modification of certain mortgages on principal residences, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) Methyl bromide is a broad spectrum pesticide which protects plants and agricultural products from a wide range of insects, rodents, viruses, fungi, weeds, and nematodes. (2) American farmers depend on methyl bromide to grow, store, ship, process, and trade over 100 different crops. (3) The agricultural community has no safe, effective, commercially available alternatives to methyl bromide. Some nonchemical pest control alternatives have proven effective in small scale tests but are largely untested, much less proven, for commercial food production purposes. The Environmental Protection Agency's Office of Prevention, Pesticides, and Toxic Substances reports that few substitutes exist, all of which pose potential human health and environmental risks. (4) In 1992, the Montreal Protocol on Substances Depleting the Ozone Layer was amended to include methyl bromide. Subsequent peer-reviewed research indicates that most methyl bromide is naturally occurring, that a significant percentage never reaches the ozone layer, and that methyl bromide clearly does not pose the threat initially believed. Scientists agree that much is yet to be learned about methyl bromide's effect on stratospheric ozone. (5) According to the 1992 Science Assessment Report to the Montreal Protocol, agricultural use of methyl bromide accounts for less than 3 percent of the threat to the ozone layer, and a similar report issued in 1994 notes that the Earth's ozone layer will return to normal by the middle of the next century even if methyl bromide remains available to farmers. (6) In 1993, despite the importance of methyl bromide, the lack of alternatives, and many scientific uncertainties, the Environmental Protection Agency, citing the Montreal Protocol, listed methyl bromide as an ozone depleting chemical under the provisions of the Clean Air Act and ordered United States production frozen at 1991 levels and an end to production by January 1, 2001. (7) Given current alternatives, analysis at the University of Florida predicts a 43 percent decline in affected vegetable acreage in Florida. A 1993 United States Department of Agriculture study finds that the ban will cost as much as $1,500,000,000 in Florida, Georgia, California, North Carolina, and South Carolina, the 5 States where methyl bromide is most utilized. SEC. 2. CONTROL OF METHYL BROMIDE. (a) Definitions.--For purposes of this section: (1) The term ``use as a pesticide'' includes farming and post-harvest uses. (2) The term ``pesticide'' has the same meaning as when used in the Federal Insecticide, Fungicide, and Rodenticide Act. (3) The term ``control'' means, with respect to any substance, any ban, phase-out, or other restriction on the production, importation, export, consumption, or use of the substance. (4) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (b) Restrictions on EPA Authority.--Except as provided in subsection (c) or (d), the Administrator may not-- (1) control the production, importation, or export of the substance methyl bromide pursuant to title VI of the Clean Air Act (42 U.S.C. section 7671-7671q) for consumption or use as a pesticide; (2) control the consumption or use of methyl bromide as a pesticide; or (3) require the labelling of any agricultural product treated with methyl bromide. (c) Existence of Substitutes or Alternatives.--The Administrator may take any action described in paragraph (1), (2), or (3) of subsection (b), or any combination of such actions, if the Secretary of Agriculture has certified by rule that there exist viable, cost- effective substitutes or other alternatives to the consumption or use of methyl bromide as a pesticide for specified agricultural commodities and products. If the Secretary has made a certification under this paragraph, a control permitted pursuant to such certification shall apply only with respect to those specified applications and to those specified commodities and products for which the certification is made. (d) Montreal Protocol.--The Administrator may take any action described in paragraph (1), (2), or (3) of subsection (b), or any combination of such actions, if the United States is required by the Montreal Protocol to implement a control on the production, importation, or export of methyl bromide for consumption or use as a pesticide or a control on the consumption or use of methyl bromide as a pesticide. The applicability, contents and timing of any such control-- (1) shall be no more stringent or restrictive than specifically required by the Montreal Protocol, (2) shall be equally required of all parties to the Montreal Protocol; and (3) shall include all exemptions, exceptions, and other flexibility (including exemptions for production, importation, export, and consumption, for both preshipment and quarantine uses) allowed by the Montreal Protocol. (e) Inconsistent EPA Actions.--All rules, standards and other regulatory actions promulgated, published, or otherwise issued by the Administrator of the Environmental Protection Agency before the date of enactment of this Act are repealed to the extent they impose a control which is not specifically required by the Montreal Protocol. (f) Savings Clause.--Nothing in this Act shall be construed to affect the provisions of 40 C.F.R. Sec. Sec. 82.9, 82.10, 82.11, and 82.12 (relating to Article 5 parties and transfers), or any other regulatory provisions granting exemptions, exceptions, or other flexibility not prohibited by the Montreal Protocol.

Restricts the authority of the Environmental Protection Agency to control the production, importation, or export of methyl bromide for pesticide use consistent with requirements and obligations of the Montreal Protocol.

To make a regulatory correction concerning methyl bromide to meet the obligations of the Montreal Protocol without placing the farmers of the United States at a competitive disadvantage versus foreign growers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The financing of terrorism and related forms of illicit finance present a direct threat to national security and a threat to global stability. (2) New terrorist groups or threats can form quickly, and other groups change tactics to adapt, creating a constantly changing terrorist environment, presenting ever-changing risks and challenges to programs to disrupt the financing of terrorism and related forms of illicit finance. (3) Terrorists in some instances have formed symbiotic relationships with, or are taking over, transnational crime syndicates, so that funding for both terrorism and profits from crime flow in the same fashion and often are indistinguishable. (4) Methods of concealing the movement of illicit funding change quickly in a globalized economy, and rapid technological changes and financial innovation pose new risks that may be increasingly difficult for governments to stay abreast of without an agile, constantly adjusted strategy to spot, disrupt, and prevent the financing of terrorism and related forms of illicit finance. (5) A bipartisan requirement to create a national anti- money laundering strategy enacted in 1998 expired in 2007. Given the rapid globalization and rapid technology changes of the financial sector, an updated strategy focused on the financing of terrorism is necessary. (6) It is important for the Government to have a unified strategy to fight financial crime and to update it annually, both to accommodate new and developing threats and to help Congress develop legislative and funding priorities. (7) An effective strategy to counter terrorism financing is a critical component of the broader counter terrorism strategy of the United States. SEC. 3. DEVELOPMENT OF NATIONAL STRATEGY. (a) In General.--The President, acting through the Secretary shall, in consultation with the Attorney General, the Secretary of State, the Secretary of Homeland Security, the Director of National Intelligence, and the appropriate Federal banking agencies, develop a national strategy for combating the financing of terrorism and related forms of illicit finance. (b) Transmittal to Congress.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a comprehensive national strategy developed in accordance with subsection (a). (2) Updates.--Every 2 years following the initial submission under paragraph (1), the President shall submit to the appropriate congressional committees updated versions of the national strategy. (c) Separate Presentation of Classified Material.--Any part of the national strategy that involves information that is properly classified under criteria established by the President shall be submitted to the Congress separately in a classified annex and, if requested by the chairman or ranking Member of one of the appropriate congressional committees, as a briefing at an appropriate level of security. SEC. 4. CONTENTS. (a) In General.--The strategy described in section 3 shall contain the following: (1) Evaluation of existing efforts.--An assessment of the effectiveness of and ways in which the United States is currently addressing the highest levels of risk of various forms of illicit finance, including those identified in the documents entitled ``2015 National Money Laundering Risk Assessment'' and ``2015 National Terrorist Financing Risk Assessment'', published by the Department of the Treasury and a description of how the strategy is integrated into, and supports, the broader counter terrorism strategy of the United States. (2) Goals, objectives, and priorities.--A comprehensive, research-based, long-range, quantifiable discussion of goals, objectives, and priorities for disrupting and preventing illicit finance activities within and transiting the financial system of the United States that outlines priorities to reduce the incidence, dollar value, and effects of illicit finance. (3) Threats.--An identification of the most significant illicit finance threats to the financial system of the United States. (4) Reviews and proposed changes.--Reviews of enforcement efforts, relevant regulations and relevant provisions of law and, if appropriate, discussions of proposed changes determined to be appropriate to ensure that the United States pursues coordinated and effective efforts at all levels of government, and with international partners of the United States, in the fight against illicit finance. (5) Detection and prosecution initiatives.--A description of efforts to improve detection and prosecution of illicit finance, including efforts to ensure that-- (A) subject to legal restrictions, all appropriate data collected by the Federal Government that is relevant to the efforts described in this section be available in a timely fashion to-- (i) all appropriate Federal departments and agencies; and (ii) as appropriate and consistent with section 314 of the International Money Laundering Abatement and Financial Anti- Terrorism Act of 2001 (31 U.S.C. 5311 note), financial institutions to assist the financial institutions in efforts to comply with laws aimed at curbing illicit finance; and (B) appropriate efforts are undertaken to ensure that Federal departments and agencies charged with reducing and preventing illicit finance make thorough use of publicly available data in furtherance of this effort. (6) The role of the private financial sector in prevention of illicit finance.--A discussion of ways to enhance partnerships between the private financial sector and Federal departments and agencies with regard to the prevention and detection of illicit finance, including-- (A) efforts to facilitate compliance with laws aimed at stopping such illicit finance while maintaining the effectiveness of such efforts; and (B) providing guidance to strengthen internal controls and to adopt on an industry-wide basis more effective policies. (7) Enhancement of intergovernmental cooperation.--A discussion of ways to combat illicit finance by enhancing-- (A) cooperative efforts between and among Federal, State, and local officials, including State regulators, State and local prosecutors, and other law enforcement officials; and (B) cooperative efforts with and between governments of countries and with and between multinational institutions, including the Financial Action Task Force, with expertise in fighting illicit finance. (8) Trend analysis of emerging illicit finance threats.--A discussion of and data regarding trends in illicit finance, including evolving forms of value transfer such as so-called cryptocurrencies, other methods that are computer, telecommunications, or Internet-based, cyber crime, or any other threats that the Secretary may choose to identify. (9) Budget priorities.--A multiyear budget plan that identifies sufficient resources needed to successfully execute the full range of missions called for in this section. (10) Technology enhancements.--An analysis of current and developing ways to leverage technology to improve the effectiveness of efforts to stop the financing of terrorism and other forms of illicit finance, including better integration of open-source data. SEC. 5. DEFINITIONS. In this Act-- (1) the term ``appropriate congressional committees'' means-- (A) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on the Judiciary, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; (2) the term ``illicit finance'' means the financing of terrorism, money laundering, or other forms of illicit financing domestically or internationally, as defined by the President; (3) the term ``Secretary'' means the Secretary of the Treasury; and (4) the term ``State'' means each of the several States, the District of Columbia, and each territory or possession of the United States.

National Strategy for Combating Terrorist, Underground, and Other Illicit Financing Act This bill directs the Department of the Treasury to develop a national strategy to combat the financing of terrorism and related forms of illicit finance.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Blue Alert Act of 2010''. SEC. 2. BLUE ALERT COMMUNICATIONS NETWORK. The Attorney General shall, subject to the availability of appropriations pursuant to section 6, establish a national Blue Alert communications network within the Department of Justice to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty through the initiation, facilitation, and promotion of local elements of the network (known as Blue Alert plans) in coordination with States, units of local government, law enforcement agencies, and other appropriate entities. SEC. 3. BLUE ALERT COORDINATOR; GUIDELINES. (a) Coordination Within Department of Justice.--The Attorney General shall assign an officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network. The officer so designated shall be known as the Blue Alert Coordinator of the Department of Justice (referred to in this Act as the ``Coordinator''). (b) Duties of the Coordinator.--In acting as the national coordinator of the Blue Alert communications network, the Coordinator shall-- (1) work with States to encourage the development of additional Blue Alert plans in the network; (2) establish voluntary guidelines for States to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including-- (A) a list of the resources necessary to establish a Blue Alert plan; (B) criteria for evaluating whether a situation warrants issuing a Blue Alert; (C) guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert or family of such law enforcement officer; (D) guidelines that, before a Blue Alert is issued and with respect to a law enforcement officer who is seriously injured or killed in the line of duty-- (i) the law enforcement agency involved confirms the death, injury, or attack on of the law enforcement officer; (ii) there is an indication of serious injury to or death of the law enforcement officer; (iii) the suspect involved has not been apprehended; and (iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers; (E) guidelines-- (i) that information related to a law enforcement officer who is seriously injured or killed in the line of duty would be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation pursuant to section 534 of title 28, United States Code, and any relevant crime information repository of the State involved; (ii) that a Blue Alert would be, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement agencies) limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which such suspect could reasonably reach, but not limited to State lines; (iii) for State law enforcement agencies to develop plans to communicate information to neighboring States to provide for seamless communication of Blue Alert; and (iv) providing that a Blue Alert will be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and (F) guidelines for-- (i) the issuance of alerts through the Blue Alert communications network; and (ii) the extent of the dissemination of alerts issued through the network; (3) develop proposed protocols for efforts to apprehend suspects, including protocols that are needed from the time of the initial notification of a law enforcement agency that a suspect has not been apprehended through the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including-- (A) public safety communications; (B) command center operations; and (C) incident review, evaluation, debriefing, and public information procedures; (4) work with States to ensure appropriate regional coordination of various elements of the network; (5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the Blue Alert communications network with initiating, facilitating, and promoting Blue Alert plans, which shall include-- (A) to the maximum extent practicable, representation from the various geographic regions of the United States; and (B) members who are-- (i) representatives of law enforcement organizations, law enforcement agencies, and public safety communications, (ii) broadcasters, first responders, dispatchers, and radio station personnel; and (iii) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the Blue Alert communications network; and (6) act as the nationwide point of contact for-- (A) the development of the network; and (B) regional coordination of alerts through the network for law enforcement officers who are seriously injured or killed in the line of duty. (c) Limitations Applicable to Guidelines and Other Duties.--In establishing the guidelines and carrying out other duties under subsection (b), the following shall apply: (1) Voluntary participation.--The guidelines established under paragraph (2) of such subsection, protocols developed under paragraph (3) of such subsection, and other programs established under such subsection, shall be adoptable by a State on a voluntary basis only. (2) Dissemination of information.--The guidelines shall, to the maximum extent practicable (as determined by the Coordinator in consultation with State and local law enforcement agencies), provide that appropriate information relating to a wounding assault or fatal injury on a law enforcement officer is disseminated to the appropriate law enforcement, public health, and other public officials. (3) Privacy and civil liberties protections.--The guidelines shall-- (A) ensure that alerts issued through the Blue Alert communications network comply with all applicable Federal, State, and local privacy laws and regulations; and (B) include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty and the families of such officers. (d) Cooperation With Other Agencies.--The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this Act. (e) Reports.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans of each State that has established or is in the process of establishing such a plan. SEC. 4. GRANT PROGRAM FOR SUPPORT OF BLUE ALERT PLANS. (a) Grant Program.--Subject to the availability of appropriations to carry out this section, the Attorney General shall carry out a program to provide grants to States for the development or enhancement of programs and activities for the support of Blue Alert plans and the Blue Alert communications network. (b) Activities.--Activities funded by grants under the program under subsection (a) may include-- (1) the development and implementation of education and training programs, and associated materials, relating to Blue Alert plans; (2) the development and implementation of law enforcement programs, and associated equipment, relating to Blue Alert plans; (3) the development and implementation of new technologies to improve Blue Alert communications; and (4) such other activities as the Attorney General considers appropriate for supporting the Blue Alert communications network. (c) Federal Share.--The Federal share of the cost of any activities funded by a grant under the program under subsection (a) may not exceed 50 percent. (d) Distribution of Grant Amounts on Geographic Basis.--The Attorney General shall, to the maximum extent practicable, ensure the distribution of grants under the program under subsection (a) on an equitable basis throughout the various regions of the United States. (e) Administration.--The Attorney General shall prescribe requirements, including application requirements, for grants under the program under subsection (a). SEC. 5. DEFINITION. For purposes of this Act, the term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any federally recognized Indian tribe. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated such sums as may be necessary to carry out this Act (other than for purposes described in subparagraph (A) or (B) of subsection (b)(1)). (b) Grant Funding.-- (1) In general.--There is authorized to be appropriated for fiscal year 2011-- (A) $5,000,000 for grants under section 4; and (B) an additional $5,000,000 for such grants to carry out activities described in section 4(b)(3). (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) shall remain available until expended.

National Blue Alert Act of 2010 - Directs the Attorney General to: (1) establish a national Blue Alert communications network within the Department of Justice (DOJ) to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty; (2) assign a DOJ officer to act as the national coordinator of the Blue Alert communications network; and (3) provide grants to states for the development or enhancement of programs and activities to support Blue Alert plans and the Blue Alert communications network. Sets forth the duties of the national coordinator, including working with states to develop additional Blue Alert plans in the network, establishing voluntary guidelines for states in developing Blue Alert plans, developing protocols for efforts to apprehend suspects, and establishing an advisory group to assist states, local governments, law enforcement agencies, and other entities in initiating, facilitating, and promoting Blue Alert plans.

To encourage, enhance, and integrate Blue Alert plans throughout the United States in order to disseminate information when a law enforcement officer is seriously injured or killed in the line of duty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Manufacturing Competitiveness Act of 2013''. SEC. 2. NATIONAL MANUFACTURING COMPETITIVENESS STRATEGIC PLAN. Section 102 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622) is amended-- (1) in subsection (b), by striking paragraph (7) and inserting the following: ``(7) develop and update a national manufacturing competitiveness strategic plan in accordance with subsection (c).''; and (2) by striking subsection (c) and inserting the following: ``(c) National Manufacturing Competitiveness Strategic Plan.-- ``(1) In general.--The Committee shall develop, and update every 4 years, a strategic plan to improve Government coordination and provide long-term guidance for Federal programs and activities in support of United States manufacturing competitiveness, including advanced manufacturing research and development. ``(2) Committee chairperson.--In developing and updating the strategic plan, the Secretary of Commerce, or a designee of the Secretary, shall serve as the chairperson of the Committee. ``(3) Goals.--The goals of such strategic plan shall be to-- ``(A) promote growth, including job creation, sustainability, and competitiveness, in the United States manufacturing sector; ``(B) support the development of a skilled manufacturing workforce; ``(C) enable innovation and investment in domestic manufacturing; and ``(D) support national security. ``(4) Contents.--Such strategic plan shall-- ``(A) specify and prioritize near-term and long- term objectives to meet the goals of the plan, including research and development objectives, the anticipated timeframe for achieving the objectives, and the metrics for use in assessing progress toward the objectives; ``(B) describe the progress made in achieving the objectives from prior strategic plans, including a discussion of why specific objectives were not met; ``(C) specify the role, including the programs and activities, of each Federal agency in meeting the objectives of the strategic plan; ``(D) describe how the Federal agencies and federally funded research and development centers supporting advanced manufacturing research and development will foster the transfer of research and development results into new manufacturing technologies and United States based manufacturing of new products and processes for the benefit of society to ensure national, energy, and economic security; ``(E) describe how such Federal agencies and centers will strengthen all levels of manufacturing education and training programs to ensure an adequate, well-trained workforce; ``(F) describe how such Federal agencies and centers will assist small- and medium-sized manufacturers in developing and implementing new products and processes; ``(G) take into consideration and include a discussion of the analysis conducted under paragraph (5); and ``(H) take into consideration the recommendations of a wide range of stakeholders, including representatives from diverse manufacturing sectors and companies, academia, existing Federal advisory committees, such as the Defense Science Board, the President's Council of Advisors on Science and Technology, the Manufacturing Council established by the Department of Commerce, and the Labor Advisory Committee for Trade Negotiations and Trade Policy, and other relevant organizations and institutions. ``(5) Preliminary analysis.-- ``(A) In general.--As part of developing such strategic plan, the Committee shall conduct an analysis of factors that impact the competitiveness and growth of the United States manufacturing sector, including-- ``(i) research, development, innovation, technology transfer, and commercialization activities in the United States; ``(ii) the adequacy of the industrial base for maintaining national security; ``(iii) the state and capabilities of the domestic manufacturing workforce; ``(iv) trade, trade enforcement, and intellectual property policies; ``(v) financing, investment, and taxation policies and practices; ``(vi) the state of emerging technologies and markets; and ``(vii) efforts and policies related to manufacturing promotion undertaken by competing nations. ``(B) Reliance on existing information.--To the extent practicable, in completing the analysis under subparagraph (A), the Committee shall use existing information and the results of previous studies and reports. ``(d) Report.--Not later than 1 year after the date of enactment of the American Manufacturing Competitiveness Act of 2013, the Director shall transmit the strategic plan developed under subsection (b)(7) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives and shall transmit subsequent updates to those committees as appropriate. ``(e) Requirement To Consider Strategy in the Budget.--In preparing the budget for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include information regarding the consistency of the budget with the goals and recommendations included in the strategic plan developed under subsection (b)(7) applying to that fiscal year.''.

American Manufacturing Competitiveness Act of 2013 - Directs the Committee on Technology under the National Science and Technology Council to develop, in lieu of the currently required strategic plan to guide federal programs and activities in support of advanced manufacturing research and development, a national manufacturing competitiveness strategic plan to improve government coordination and provide long-term guidance for federal programs and activities in support of U.S. manufacturing competitiveness, including advanced manufacturing research and development. Requires the Secretary of Commerce, in developing and updating the plan quadrennially, to serve as the chairperson of the Committee. Specifies the goals of the plan to be to: (1) promote growth in the U.S. manufacturing sector, (2) support the development of a skilled manufacturing workforce, (3) enable innovation and investment in domestic manufacturing, and (4) support national security. Requires the Committee, as part of the development of the plan, to conduct an analysis of specified factors that impact the competitiveness and growth of the U.S. manufacturing sector. Requires the Director of the Office of Science and Technology Policy to transmit the plan, and subsequent updates, to Congress.

American Manufacturing Competitiveness Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ban Poisonous Additives Act of 2009''. SEC. 2. BAN ON USE OF BISPHENOL A IN FOOD AND BEVERAGE CONTAINERS. (a) Treatment of Bisphenol A as Adulterating the Food or Beverage.--For purposes of applying section 402(a)(6) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(6)), a food container (which for purposes of this Act includes a beverage container) that is composed, in whole or in part, of bisphenol A, or that can release bisphenol A into food (as defined for purposes of the Federal Food, Drug, and Cosmetic Act), shall be treated as a container described in such section (relating to containers composed, in whole or in part, of a poisonous or deleterious substance which may render the contents injurious to health). (b) Effective Dates.-- (1) Reusable food containers.-- (A) Definition.--In this Act, the term ``reusable food container'' means a reusable food container that does not contain a food item when it is introduced or delivered for introduction into interstate commerce. (B) Applicability.--Subsection (a) shall apply to reusable food containers on the date that is 180 days after the date of enactment of this Act. (2) Other food containers.--Subsection (a) shall apply to food containers that are packed with a food and introduced or delivered for introduction into interstate commerce on or after the date that is 180 days after the date of enactment of this Act. (c) Waiver.-- (1) In general.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), after public notice and opportunity for comment, may grant to any facility (as that term is defined in section 415 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d)) a waiver of the treatment described in subsection (a) for a certain type of food container, as used for a particular food product, if such facility-- (A) demonstrates that it is not technologically feasible to replace bisphenol A in such type of container for such particular food product; and (B) submits to the Secretary a plan and timeline for removing bisphenol A from such type of container for that food product. (2) Applicability.--A waiver granted under paragraph (1) shall constitute a waiver of the treatment described in subsection (a) for any facility that manufactures, processes, packs, holds, or sells the particular food product for which the waiver was granted. (3) Labeling.--Any product for which the Secretary grants such a waiver shall display a prominent warning on the label that the container contains bisphenol A, in a manner that the Secretary shall require, which manner shall ensure adequate public awareness of potential health effects associated with bisphenol A. (4) Duration.-- (A) Initial waiver.--Any waiver granted under paragraph (1) shall be valid for not longer than 1 year after the applicable effective date in subsection (b). (B) Renewal of waiver.--The Secretary may renew any waiver granted under subparagraph (A) for a period of not more than 1 year. (d) List of Substances That Are Generally Recognized as Safe.-- (1) Review.--The Secretary, acting through the Commissioner of Food and Drugs, shall, not later than 1 year after enactment of this Act and not less than once every 5 years thereafter, review-- (A) the substances that are generally recognized as safe, listed in part 182 of title 21, Code of Federal Regulations (or any successor regulations); (B) the direct food substances affirmed as generally recognized as safe, listed in part 184 of title 21, Code of Federal Regulations (or any successor regulations); and (C) the indirect food substances affirmed as generally recognized as safe, listed in part 186 of title 21, Code of Federal Regulations (or any successor regulations). (2) Public comment.--In conducting the review described in paragraph (1), the Secretary shall provide public notice and opportunity for comment. (3) Remedial action.--If, after conducting the review described in paragraph (1), the Secretary determines that, with regard to a substance listed in such part 182, 184, or 186, new scientific evidence, including scientific evidence showing that the substance causes reproductive or developmental toxicity in humans or animals, supports-- (A) banning a substance; (B) altering the conditions under which a substance may be introduced into interstate commerce; or (C) imposing restrictions on the types of products for which the substance may be used, the Secretary shall remove such substance from the list of substances, direct food substances, or indirect food substances generally recognized as safe, as appropriate, and shall take other remedial action, as necessary. (4) Definition.--In this Act, the term ``reproductive or developmental toxicity'' has the meaning given such term in section 409(h)(6) of the Federal Food, Drug, and Cosmetic Act, as amended by section 3. (e) Savings Provision.--Nothing in this Act shall affect the right of a State, political subdivision of a State, or Indian tribe to adopt or enforce any regulation, requirement, liability, or standard of performance that is more stringent than a regulation, requirement, liability, or standard of performance under this Act or that-- (1) applies to a product category not described in this Act; or (2) requires the provision of a warning of risk, illness, or injury associated with the use of food containers composed of bisphenol A. SEC. 3. AMENDMENTS TO SECTION 409 OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. Subsection (h) of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(h)(1)) is amended-- (1) in paragraph (1)-- (A) by striking ``manufacturer or supplier for a food contact substance may'' and inserting ``manufacturer or supplier for a food contact substance shall''; (B) by inserting ``(A)'' after ``notify the Secretary of''; (C) by striking ``, and of'' and inserting ``; (B)''; and (D) by striking the period after ``subsection (c)(3)(A)'' and inserting ``; (C) the determination of the manufacturer or supplier that no adverse health effects result from low dose exposures to the food contact substance; and (D) the determination of the manufacturer or supplier that the substance has not been shown, after tests which are appropriate for the evaluation of the safety of food contact substances, to cause reproductive or developmental toxicity in humans or animals.''; and (2) by striking paragraph (6) and inserting the following: ``(6) In this section-- ``(A) the term `food contact substance' means any substance intended for use as a component of materials used in manufacturing, packing, packaging, transporting, or holding food if such use is not intended to have any technical effect in such food; and ``(B) the term `reproductive or developmental toxicity' means biologically adverse effects on the reproductive systems of female or male humans or animals, including alterations to the female or male reproductive system development, the related endocrine system, fertility, pregnancy, pregnancy outcomes, or modifications in other functions that are dependent on the integrity of the reproductive system.''.

Ban Poisonous Additives Act of 2009 - Treats any food container that is composed, in whole or in part, of bisphenol A or that can release bisphenol A into food as a container that is composed of a poisonous or deleterious substance for purposes of the Federal Food, Drug, and Cosmetic Act. Bans the use of such containers. Allows the Secretary of Health and Human Services to grant a waiver of such ban for one year (renewable for an additional year) under specified circumstances. Requires any product for which the Secretary grants a waiver to display a prominent warning on its label of the potential health effects associated with bisphenol A. Directs the Commissioner of Food and Drugs to periodically review substances listed in federal regulations and generally recognized as safe. Requires any such substances that are shown by new scientific evidence to cause reproductive or developmental toxicity in humans or animals to be banned or otherwise restricted. Amends the Federal Food, Drug, and Cosmetic Act to require (currently, permits) a manufacturer or supplier of a food contact substance to notify the Secretary of the identity, intended use, and safety of any such substance and of determinations as to the health effects of such substance.

To ban the use of bisphenol A in food containers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Death in Custody Reporting Act of 2009''. SEC. 2. STATE INFORMATION REGARDING INDIVIDUALS WHO DIE IN THE CUSTODY OF LAW ENFORCEMENT. (a) In General.--For each fiscal year after the expiration of the period specified in subsection (c)(1) in which a State receives funds for a program referred to in subsection (c)(2), the State shall report to the Attorney General, on a quarterly basis and pursuant to guidelines established by the Attorney General, information regarding the death of any person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, State prison, State-run boot camp prison, boot camp prison that is contracted out by the State, any State or local contract facility, or other local or State correctional facility (including any juvenile facility). (b) Information Required.--The report required by this section shall contain information that, at a minimum, includes-- (1) the name, gender, race, ethnicity, and age of the deceased; (2) the date, time, and location of death; (3) the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and (4) a brief description of the circumstances surrounding the death. (c) Compliance and Ineligibility.-- (1) Compliance date.--Each State shall have not more than 120 days from the date of enactment of this Act to comply with subsection (a), except that-- (A) the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection; and (B) the Attorney General shall waive the requirements of subsection (a) if compliance with such subsection by a State would be unconstitutional under the constitution of such State. (2) Ineligibility for funds.--For any fiscal year after the expiration of the period specified in paragraph (1), a State that fails to comply with subsection (a), shall, at the discretion of the Attorney General, be subject to not more than a 10 percent reduction of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (d) Reallocation.--Amounts not allocated under a program referred to in subsection (c)(2) to a State for failure to fully comply with subsection (a) shall be reallocated under that program to States that have not failed to comply with such subsection. (e) Definitions.--In this section the terms ``boot camp prison'' and ``State'' have the meaning given those terms, respectively, in section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)). (f) Study and Report of Information Relating to Deaths in Custody.-- (1) Study required.--The Attorney General shall carry out a study of the information reported under subsection (b) and section 3(a) to-- (A) determine means by which such information can be used to reduce the number of such deaths; and (B) examine the relationship, if any, between the number of such deaths and the actions of management of such jails, prisons, and other specified facilities relating to such deaths. (2) Report.--Not later than 2 years after the date of the enactment of this Act, the Attorney General shall prepare and submit to Congress a report that contains the findings of the study required by paragraph (1). SEC. 3. FEDERAL LAW ENFORCEMENT DEATH IN CUSTODY REPORTING REQUIREMENT. (a) In General.--For each fiscal year (beginning after the date that is 120 days after the date of the enactment of this Act), the head of each Federal law enforcement agency shall submit to the Attorney General a report (in such form and manner specified by the Attorney General) that contains information regarding the death of any person who is-- (1) detained, under arrest, or is in the process of being arrested by any officer of such Federal law enforcement agency (or by any State or local law enforcement officer while participating in and for purposes of a Federal law enforcement operation, task force, or any other Federal law enforcement capacity carried out by such Federal law enforcement agency); or (2) en route to be incarcerated or detained, or is incarcerated or detained at-- (A) any facility (including any immigration or juvenile facility) pursuant to a contract with such Federal law enforcement agency; (B) any State or local government facility used by such Federal law enforcement agency; or (C) any Federal correctional facility or Federal pre-trial detention facility located within the United States. (b) Information Required.--Each report required by this section shall include, at a minimum, the information required by section 2(b). (c) Study and Report.--Information reported under subsection (a) shall be analyzed and included in the study and report required by section 2(f). Passed the House of Representatives February 4, 2009. Attest: LORRAINE C. MILLER, Clerk.

Death in Custody Reporting Act of 2009 - Requires states that receive certain criminal justice assistance grants to report to the Attorney General on a quarterly basis certain information regarding the death of any person who is detained, arrested, en route to incarceration, or incarcerated in state or local facilities or a boot camp prison. Grants the Attorney General discretion to reduce by up to 10% the amount of the criminal justice assistance grants of states that fail to comply. Requires the head of each federal law enforcement agency to report to the Attorney General annually certain information regarding the death of any person who: (1) is detained or arrested by any officer of such agency (or by any state or local law enforcement officer for purposes of a federal law enforcement operation); or (2) is en route to be incarcerated or detained, or is incarcerated or detained, at any federal correctional facility or federal pretrial detention facility located within the United States or any other facility pursuant to a contract with or used by such agency. Requires the Attorney General to study such information and report on means by which it can be used to reduce the number of such deaths.

To encourage States to report to the Attorney General certain information regarding the deaths of individuals in the custody of law enforcement agencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``IDEA Full Funding Act''. SEC. 2. AMENDMENT TO IDEA. Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as follows: ``(i) Funding.-- ``(1) In general.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated-- ``(A) $12,872,421,000 or 17.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2016, and there are hereby appropriated $1,374,573,000 or 1.6 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2016, which shall become available for obligation on July 1, 2016, and shall remain available through September 30, 2017; ``(B) $14,411,326,000 or 19.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2017, and there are hereby appropriated $2,913,478,000 or 3.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2017, which shall become available for obligation on July 1, 2017, and shall remain available through September 30, 2018; ``(C) $16,134,207,000 or 21.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2018, and there are hereby appropriated $4,636,359,000 or 5.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2018, which shall become available for obligation on July 1, 2018, and shall remain available through September 30, 2019; ``(D) $18,063,059,000 or 23.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2019, and there are hereby appropriated $6,565,211,000 or 7.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2019, which shall become available for obligation on July 1, 2019, and shall remain available through September 30, 2020; ``(E) $20,222,507,000 or 25.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2020, and there are hereby appropriated $8,724,659,000 or 9.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2020, which shall become available for obligation on July 1, 2020, and shall remain available through September 30, 2021; ``(F) $22,640,117,000 or 27.8 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2021, and there are hereby appropriated $11,142,269,000 or 11.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2021, which shall become available for obligation on July 1, 2021, and shall remain available through September 30, 2022; ``(G) $25,346,755,000 or 30.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, and there are hereby appropriated $13,848,907,000 or 14.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, which shall become available for obligation on July 1, 2022, and shall remain available through September 30, 2023; ``(H) $28,376,972,000 or 33.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, and there are hereby appropriated $16,879,124,000 or 17.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, which shall become available for obligation on July 1, 2023, and shall remain available through September 30, 2024; ``(I) $31,769,453,000 or 36.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, and there are hereby appropriated $20,271,605,000 or 20.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, which shall become available for obligation on July 1, 2024, and shall remain available through September 30, 2025; and ``(J) $35,567,506,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025 and each subsequent fiscal year, and there are hereby appropriated $35,567,506,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025 and each subsequent fiscal year, which-- ``(i) shall become available for obligation with respect to fiscal year 2025 on July 1, 2025, and shall remain available through September 30, 2026; and ``(ii) shall become available for obligation with respect to each subsequent fiscal year on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year. ``(2) Amount.--With respect to each subparagraph of paragraph (1), the amount determined under this paragraph is the product of-- ``(A) the total number of children with disabilities in all States who-- ``(i) received special education and related services during the last school year that concluded before the first day of the fiscal year for which the determination is made; and ``(ii) were aged-- ``(I) 3 through 5 (with respect to the States that were eligible for grants under section 619); and ``(II) 6 through 21; and ``(B) the average per-pupil expenditure in public elementary schools and secondary schools in the United States.''. SEC. 3. OFFSETS. The amounts appropriated in 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)), as amended by section 2 of this Act, shall be expended consistent with pay-as-you-go requirements.

IDEA Full Funding Act Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and make appropriations for the grant program to assist states and outlying areas in providing special education and related services to children with disabilities. Sets the amount to be authorized and the amount to be appropriated for each fiscal year from FY2016-FY2024 as the greater of: (1) a specified amount, or (2) a specified percentage of an amount determined pursuant to a formula that multiplies the number of children receiving special education services by the average per-pupil expenditure in public elementary and secondary schools. Authorizes and appropriates funds for FY2025 and each subsequent fiscal year equal to the greater of a specified amount or 40% of the amount determined using such formula. Requires amounts appropriated to be expended consistent with pay-as-you-go requirements.

IDEA Full Funding Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Antibullying Campaign Act of 2005''. SEC. 2. GRANTS FOR ANTIHARASSMENT PROGRAMS. (a) Grants.--The Secretary of Education shall provide a grant to each State that submits an application in accordance with subsection (c) to enable the State to establish and carry out or continue to carry out an antiharassment program as described in subsection (b). (b) Program Described.--An antiharassment program referred to in subsection (a) is a program that prohibits harassment in schools and at all school-sponsored programs or activities based on any distinguishing characteristic of an individual, including actual or perceived race, color, national origin, ethnicity, religion, disability, sexual orientation, sex, gender identity or expression, family composition or circumstance, or economic circumstance. (c) Application.-- (1) In general.--The Secretary may not make a grant to a State under this section unless the State submits to the Secretary an application that contains detailed information about the State's existing or proposed antiharassment program. Such information shall include-- (A) the State's existing or proposed prohibition on harassment; (B) the State's existing or proposed definition of harassment and any other relevant terms; and (C) a budget for the antiharassment program, including a detailed description of how amounts received under the grant will be spent. (2) Application review and approval.-- (A) In general.--Not later than 30 days after the date of submission of the State's application, the Secretary shall review and approve or disapprove the application. (B) Approval.--Not later than 30 days after the date on which the Secretary approves the State's application, the Secretary shall provide a grant to the State. (C) Disapproval.--Not later than 30 days after the date on which the Secretary disapproves the State's application, the Secretary shall inform the State in writing as to the reasons why the application was disapproved and what the State may do to correct the application and receive the Secretary's approval. (d) Matching Funds.--The Secretary may not make a grant to a State under this section unless the State agrees that it will contribute from non-Federal sources an amount equal to not less than 50 percent of the amount received under the grant to carry out the antiharassment program described in subsection (b). SEC. 3. STUDY AND REPORT. (a) Study.--The Secretary of Education shall conduct a study concerning harassment in public schools in the United States. The findings of the study shall include-- (1) the number of students who are harassed; (2) the demographics of those students who are harassed; (3) the type of harassment to which students are subjected, including-- (A) the reasons upon which the harassment was based; and (B) the type of conduct, physical or verbal, involved; (4) the number of States that have comprehensive campaigns to combat harassment; and (5) the amount of funds each State expends on antiharassment programs each year. (b) Process.--In conducting the study required by subsection (a), the Secretary shall make every effort to protect the privacy of students involved in reports of harassment. (c) Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary shall submit to Congress a report that contains the findings and an analysis of the study. SEC. 4. DEFINITIONS. In this Act: (1) Harassment.--The term ``harassment'' means conduct, including verbal conduct, that-- (A) creates, or would create, a hostile environment by substantially interfering with a student's educational benefits, opportunities, or performance, or with a student's physical or psychological well-being; or (B) is threatening or seriously intimidating. (2) School.--The term ``school'' means an elementary school or secondary school as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act $75,000,000 for each of fiscal years 2006 through 2009. (b) Availability.--Amounts authorized to be appropriated by subsection (a) are authorized to remain available until September 30, 2009.

Antibullying Campaign Act of 2005 - Directs the Secretary of Education to make matching grants to applicant states for antiharassment programs that prohibit harassment in public schools and on public school grounds based on any distinguishing characteristic of an individual. Directs the Secretary to study and report to Congress on harassment in public schools.

To direct the Secretary of Education to provide grants to States to establish and carry out or continue to carry out antiharassment programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unborn Victims of Violence Act of 1999''. SEC. 2. PROTECTION OF UNBORN CHILDREN. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 90 the following: ``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN ``Sec. ``1841. Protection of unborn children. ``Sec. 1841. Protection of unborn children ``(a)(1) Whoever engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the defendant intended to cause the death of, or bodily injury to, the unborn child. ``(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall instead of being punished under subparagraph (A), be punished as provided under sections 1111, 1112, and 1113 of this title for intentionally killing or attempting to kill a human being. ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are the following: ``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 242, 245, 247, 248, 351, 831, 844(d), (f), (h)(1), and (i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952 (a)(1)(B), (a)(2)(B), and (a)(3)(B), 1958, 1959, 1992, 2113, 2114, 2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this title. ``(2) Section 408(e) of the Controlled Substances Act of 1970 (21 U.S.C. 848(e)). ``(3) Section 202 of the Atomic Energy Act of 1954 (42 U.S.C. 2283). ``(c) Nothing in this section shall be construed to permit the prosecution-- ``(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; ``(2) of any person for any medical treatment of the pregnant woman or her unborn child; or ``(3) of any woman with respect to her unborn child. ``(d) As used in this section, the term `unborn child' means a child in utero, and the term `child in utero' or `child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 90 the following new item: ``90A. Protection of unborn children........................ 1841''. SEC. 3. MILITARY JUSTICE SYSTEM. (a) Protection of Unborn Children.--Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 919 (article 119) the following new section: ``Sec. 919a. Art. 119a. Protection of unborn children ``(a)(1) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section 1365 of title 18) to, a child, who is in utero at the time the conduct takes place, is guilty of a separate offense under this section. ``(2)(A) Except as otherwise provided in this paragraph, the punishment for that separate offense is the same as the punishment provided under this chapter for that conduct had that injury or death occurred to the unborn child's mother. ``(B) An offense under this section does not require proof that-- ``(i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or ``(ii) the accused intended to cause the death of, or bodily injury to, the unborn child. ``(C) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being punished under subparagraph (A), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being. ``(D) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. ``(b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 118, 119(a), 119(b)(2), 120(a), 122, 124, 126, and 128). ``(c) Nothing in this section shall be construed to permit the prosecution-- ``(1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; ``(2) of any person for any medical treatment of the pregnant woman or her unborn child; or ``(3) of any woman with respect to her unborn child. ``(d) In this section, the term `unborn child' means a child in utero, and the term `child in utero' or `child, who is in utero' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.''. (b) Clerical Amendment.--The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 919 the following new item: ``919a. 119a. Protection of unborn children.''. Passed the House of Representatives September 30, 1999. Attest: JEFF TRANDAHL, Clerk.

Specifies that a violation of such provisions does not require proof that: (1) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to cause the death of, or bodily injury to, the unborn child. Directs that if the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall be punished as provided under the Federal criminal code for intentionally killing or attempting to kill a human being.Bars prosecution under this Act: (1) of any person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (2) for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child.

Unborn Victims of Violence Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Price Spike Act of 2001''. SEC. 2. WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 55--WINDFALL PROFIT ON CRUDE OIL, NATURAL GAS, AND PRODUCTS THEREOF ``Sec. 5886. Imposition of tax. ``SEC. 5886. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed an excise tax on the sale in the United States of any crude oil, natural gas, or other taxable product a tax equal to the applicable percentage of the windfall profit on such sale. ``(b) Definitions.--For purposes of this section-- ``(1) Taxable product.--The term `taxable product' means any fuel which is a product of crude oil or natural gas. ``(2) Windfall profit.--The term `windfall profit' means, with respect to any sale, so much of the profit on such sale as exceeds a reasonable profit. ``(3) Applicable percentage.--The term `applicable percentage' means-- ``(A) 50 percent to the extent that the profit on the sale exceeds 100 percent of the reasonable profit on the sale but does not exceed 102 percent of the reasonable profit on the sale, ``(B) 75 percent to the extent that the profit on the sale exceeds 102 percent of the reasonable profit on the sale but does not exceed 105 percent of the reasonable profit on the sale, and ``(C) 100 percent to the extent that the profit on the sale exceeds 105 percent of the reasonable profit on the sale. ``(4) Reasonable profit.--The term `reasonable profit' means the amount determined by the Reasonable Profits Board to be a reasonable profit on the sale. ``(c) Liability for Payment of Tax.--The taxes imposed by subsection (a) shall be paid by the seller.'' (b) Clerical Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end the following new item: ``Chapter 55. Windfall profit on crude oil and refined petroleum products.'' (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. CREDIT FOR PURCHASING FUEL EFFICIENT AMERICAN-MADE PASSENGER VEHICLES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. PURCHASE OF FUEL-EFFICIENT AMERICAN-MADE PASSENGER VEHICLES. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the cost of any qualified passenger vehicle purchased by the taxpayer during the taxable year. ``(b) Maximum Credit.--The credit allowed by this section for the taxable year shall not exceed-- ``(1) $3,000 in the case of a qualified passenger vehicle not described in paragraph (2) or (3), ``(2) $4,500 in the case of a qualified passenger vehicle the fuel economy of which is-- ``(A) in the case a truck or sport utility vehicle, at least 45 miles per gallon but less than 55 miles per gallon, and ``(B) in any other case, at least 55 miles per gallon but less than 65 miles per gallon, and ``(3) $6,000 in the case of a qualified passenger vehicle the fuel economy of which is-- ``(A) in the case a truck or sport utility vehicle, at least 55 miles per gallon, and ``(B) in any other case, at least 65 miles per gallon. ``(c) Qualified Passenger Vehicle.--For purposes of this section-- ``(1) In general.--The term `qualified automobile' means any automobile (as defined in section 4064(b))-- ``(A) which is purchased after the date of the enactment of this section, ``(B) which is assembled in the United States by individuals employed under a collective bargaining agreement, ``(C) the original use of which begins with the taxpayer, ``(D) substantially all of the use of which is for personal, nonbusiness purposes, and ``(E) the fuel economy of such automobile is-- ``(i) at least 35 miles per gallon in the case a truck or sport utility vehicle, and ``(ii) at least 45 miles per gallon in any other case. ``(2) Fuel economy.--Fuel economy shall be determined in accordance with section 4064. ``(d) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit. ``(2) Property used outside united states not qualified.-- No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b).'' (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Purchase of fuel-efficient American-made passenger vehicles.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. MASS TRANSIT FARE REDUCTIONS DURING GAS PRICE SPIKES. (a) In General.--The Secretary of Transportation may make grants to the operator of a mass transit system to assist the operator in reducing fares paid by passengers using the system. (b) Use of Grants.--Grants received under the program shall be used solely for implementing a fare reduction described in subsection (a) that is applied equally to all passengers using the mass transit system. (c) Mass Transit System Defined.--In this section, the term ``mass transit system'' includes bus and commuter rail systems. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section in a fiscal year amounts equivalent to the excess (if any) of-- (1) the revenues received during the preceding fiscal year pursuant to chapter 55 of the Internal Revenue Code of 1986 (relating to windfall profit on crude oil and refined petroleum products), over (2) the revenue cost for such fiscal year of section 25B of such Code (relating to purchase of fuel-efficient American-made passenger vehicles). Amounts authorized under the preceding sentence shall remain available until expended. SEC. 5. REASONABLE PROFITS BOARD. (a) Establishment.--There is established an independent board to be known as the ``Reasonable Profits Board'' (hereafter in this section referred to as the ``Board''). (b) Duties.--The Board shall make reasonable profit determinations for purposes of applying section 5886 of the Internal Revenue Code of 1986 (relating to windfall profit on crude oil, natural gas, and products thereof). (c) Advisory Committee.--The Board shall be considered an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.). (d) Appointment.-- (1) Members.--The Board shall be composed of 3 members appointed by the President of the United States. (2) Term.--Members of the Board shall be appointed for a term of 3 years. (3) Background.--The members shall have no financial interests in any of the businesses for which reasonable profits are determined by the Board. (e) Pay and Travel Expenses.-- (1) Pay.--Notwithstanding section 7 of the Federal Advisory Committee Act (5 U.S.C. App.), members of the Board shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Board. (2) Travel expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section 5702 and 5703 of title 5, United States Code. (f) Director of Staff.-- (1) Qualifications.--The Board shall appoint a Director who has no financial interests in any of the businesses for which reasonable profits are determined by the Board. (2) Pay.--Notwithstanding section 7 of the Federal Advisory Committee Act (5 U.S.C. App.), the Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (g) Staff.-- (1) Additional personnel.--The Director, with the approval of the Board, may appoint and fix the pay of additional personnel. (2) Appointments.--The Director may make such appointments without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (3) Detailees.--Upon the request of the Director, the head of any Federal department or agency may detail any of the personnel of that department or agency to the Board to assist the Board in accordance with an agreement entered into with the Board. (4) Assistance.--The Comptroller General of the United States may provide assistance, including the detailing of employees, to the Board in accordance with an agreement entered into with the Board. (h) Other Authority.-- (1) Experts and consultants.--The Board may procure by contract, to the extent funds are available, the temporary or intermittent services of experts or consultants pursuant to section 3109 of title 5, United States Code. (2) Leasing.--The Board may lease space and acquire personal property to the extent that funds are available. (i) Funding.--There are authorized to be appropriated such funds as are necessary to carry out this section. SEC. 6. LOWER GASOLINE PRICES THROUGH TECHNOLOGY ACCESS. Section 308 of the Clean Air Act (42 U.S.C. 7608) is amended by striking ``or 202'' and inserting ``202, or 211''.

Gas Price Spike Act of 2001 - Amends the Internal Revenue Code to impose an excise tax on the sale of any crude oil, natural gas, or products thereof a tax equal to the applicable percentage of the windfall profit on such sale. Defines "applicable percentage."Establishes a credit for the purchase of U.S.- made fuel efficient passenger vehicles.Authorizes the Secretary of Transportation to make grants to the operator of a mass transit system to assist the operator in reducing fares paid by passengers using the system which shall be paid for by revenues from the windfall profits tax.Establishes an independent board to be known as the Reasonable Profits Board to make reasonable profit determinations with respect to the windfall profit tax.

To amend the Internal Revenue Code of 1986 to impose a windfall profit tax on oil and natural gas (and products thereof) and to allow an income tax credit for purchases of fuel-efficient passenger vehicles, and to allow grants for mass transit.

SECTION 1. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM PERSONS OTHER THAN LOCAL INDIVIDUAL RESIDENTS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions-- ``(1) from persons other than individual residents of the congressional district involved in excess of 50 percent of the total of contributions accepted; or ``(2) from persons other than individual residents of the State in which the congressional district involved is located in excess of 10 percent of the total of contributions accepted.''. SEC. 2. REDUCTION IN LIMITATION AMOUNT APPLICABLE TO CONTRIBUTIONS BY A MULTICANDIDATE POLITICAL COMMITTEE TO A HOUSE OF REPRESENTATIVES CANDIDATE. Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by inserting after ``$5,000'' the following: ``, except that in the case of an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the limitation shall be $1,000''. SEC. 3. BAN ON SOFT MONEY. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``limitations and reporting requirements for amounts paid for mixed political activities ``Sec. 323. (a) Any payment by the national committee of a political party or a State committee of a political party for a mixed political activity-- ``(1) shall be subject to limitation and reporting under this Act as if such payment were an expenditure; and ``(2) may be paid only from an account that is subject to the requirements of this Act. ``(b) As used in this section, the term `mixed political activity' means, with respect to a payment by the national committee of a political party or a State committee of a political party, an activity, such as a voter registration program, a get-out-the-vote drive, or general political advertising, that is both (1) for the purpose of influencing an election for Federal office, and (2) for any purpose unrelated to influencing an election for Federal office.''. (b) Repeal of Building Fund Exception to the Definition of the Term ``Contribution''.--Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (1) by striking out clause (viii); and (2) by redesignating clauses (ix) through (xiv) as clauses (viii) through (xiii), respectively. SEC. 4. AMENDMENTS TO COMMUNICATIONS ACT OF 1934. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) in subsection (b)(1)-- (A) by striking ``forty-five'' and inserting ``30''; (B) by striking ``sixty'' and inserting ``45''; and (C) by striking ``lowest unit charge of the station for the same class and amount of time for the same period'' and insert ``lowest charge of the station for the same amount of time for the same period''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting immediately after subsection (b) the following new subsection: ``(c)(1) Except as provided in paragraph (2), a licensee shall not preempt the use, during any period specified in subsection (b)(1), of a broadcasting station by a legally qualified candidate for public office who has purchased and paid for such use pursuant to the provisions of subsection (b)(1). ``(2) If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the broadcasting station, any candidate advertising spot scheduled to be broadcast during that program may also be preempted.''; and (4) in subsection (d) (as redesignated by paragraph (2) of this section)-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting ``; and''; and (C) by adding at the end thereof the following new paragraph: ``(3) a station's lowest charge for purposes of paragraph (1)-- ``(A) with respect to a primary or primary runoff election, is determined for the interval beginning 60 days before such election and ending on the date of that election; and ``(B) with respect to a general or special election, is determined for the interval beginning 90 days before such election and ending on the date of that election.''.

Amends the Federal Election Campaign Act of 1971 to limit contributions to House of Representatives elections from persons other than local individual residents. Reduces maximum House contribution amounts from multicandidate political committees (PACs). Sets forth limitations and reporting requirements for amounts paid for mixed political activities ("soft money"). Amends the Communications Act of 1934 to require a broadcast station to make broadcast time available to all House and Senate candidates in the last 30 (currently 45) days before a primary and the last 45 (currently 60) days before a general election, at the lowest unit charge of the station for the same amount of time (currently, the same class and amount of time) for the same period on the same date. Prohibits broadcasters from preempting advertisements sold to political candidates at the lowest unit rate, unless the preemption is beyond the broadcaster's control.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Defend the American Dream 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. Wage determination. Sec. 3. Good faith recruitment requirement. Sec. 4. Notice requirement. Sec. 5. Reduction of period of authorized admission as H-1B nonimmigrant. Sec. 6. Removal of exemption from H-1B numerical limitation for certain aliens. Sec. 7. Requirement of a degree from certain institutions for H-1B specialty occupation nonimmigrants. Sec. 8. Tripling H-1B nonimmigrant petitioner fee. Sec. 9. Labor enforcement. Sec. 10. Private right of action. Sec. 11. Application of nondisplacement requirement to all H-1B employers. SEC. 2. WAGE DETERMINATION. (a) Change in Minimum Wages.--Section 212(n)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended to read as follows: ``(A) The employer-- ``(i) is offering and will offer during the period of authorized employment to aliens admitted or provided status as an H-1B nonimmigrant wages that are at least-- ``(I) the locally determined prevailing wage level for the occupational classification in the area of employment; ``(II) the median average wage for all workers in the occupational classification in the area of employment; or ``(III) the median wage for skill level two in the occupational classification found in the most recent Occupational Employment Statistics survey; whichever is greatest, based on the best information available as of the time of filing of the application; and ``(ii) will provide working conditions for such nonimmigrant that will not adversely affect the working conditions of workers similarly employed. The wage determination methodology used under clause (i) shall be submitted with the application.''. (b) Provision of W-2 Forms.--Section 212(n)(1) of such Act (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (G) the following new subparagraph: ``(H) If the employer employed, in such previous period as the Secretary shall specify, one or more H-1B nonimmigrants, the application shall be accompanied by the Internal Revenue Service Form W-2 Wage and Tax Statement filed by the employer with respect to such nonimmigrants for such period.''. (c) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date of the enactment of this Act. SEC. 3. GOOD FAITH RECRUITMENT REQUIREMENT. (a) Extending Time Period for No Displacement.--Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended-- (1) in paragraph (1)(E)(i), by striking ``90 days'' and inserting ``180 days'' each place it appears; and (2) in paragraph (2)(C)(iii), in the matter before subclause (I), by striking ``90 days'' and inserting ``180 days'' each place it appears. (b) Requiring Active Recruitment.--Section 212(n)(1)(G)(i)(I) of such Act (8 U.S.C. 1182(n)(1)(G)(i)(I)) is amended by inserting ``actively'' before ``recruit''. (c) Prohibition of Outplacement.--Section 212(n) of such Act (8 U.S.C. 1182(n)) is amended-- (1) by amending subparagraph (F) of paragraph (1) to read as follows: ``(F) The employer shall not place, out-source, lease, or otherwise contract for the placement of an alien admitted or provided status as an H-1B nonimmigrant with another employer, regardless of whether or not such other employer is an H-1B- dependent employer.''; and (2) by striking subparagraph (E) of paragraph (2). (d) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date of the enactment of this Act, except that the amendments made by subsection (a) shall not apply to displacements for periods occurring more than 90 days before such date. SEC. 4. NOTICE REQUIREMENT. (a) In General.--Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is further amended-- (1) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``and the employer certifies that the prior notice requirement of paragraph (6) has been met with respect to the application''; and (2) by adding at the end the following new paragraph: ``(6) For purposes of paragraph (1), the prior notice requirement of this paragraph, with respect to an application of an employer, is that employer has made copies of the application (or, a summary of essential information derived from such application, including the number of H-1B nonimmigrants being sought, their occupational classifications, the wages offered, the period of intended employment, the locations at which they will be employed, and a statement that a copy of the application is available for public inspection in conspicuous locations at the employer's principal place of business and at worksites where H-1B nonimmigrants will be employed) accessible for examination by affected United States and foreign workers at least 30 days in advance of the filing of the application with the Secretary of Labor through-- ``(A) posting of such application (or summary) in conspicuous locations at worksites where H-1B nonimmigrants will be employed; ``(B) electronic notification to employees in the occupational classifications for which H-1B nnimmigrants are being sought; and ``(C) provision of a copy of the application to each H-1B nonimmigrant on whose behalf the application is being filed.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to applications filed more than 30 days after the date of the enactment of this Act. SEC. 5. REDUCTION OF PERIOD OF AUTHORIZED ADMISSION AS H-1B NONIMMIGRANT. (a) In General.--Section 214(g)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(4)) is amended by striking ``6 years'' and inserting ``3 years''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to the period of authorized admission of an alien as an H-1B nonimmigrant under section 101(a)(15)(H)(i)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(B)) that begins on or after the date of the enactment of this Act. SEC. 6. REMOVAL OF EXEMPTION FROM H-1B NUMERICAL LIMITATION FOR CERTAIN ALIENS. (a) In General.--Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended-- (1) in subparagraph (A), by adding ``or'' after the semicolon; (2) in subparagraph (B), by striking ``; or'' and inserting a period; and (3) by striking subparagraph (C). (b) Effective Date.--The amendments made by subsection (a) shall apply to the issuance of a visa (or other provision of status) under section 101(a)(15)(H)(i)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(B)) on or after the first day of the first fiscal year beginning after the date of the enactment of this Act. SEC. 7. REQUIREMENT OF A DEGREE FROM CERTAIN INSTITUTIONS FOR H-1B SPECIALTY OCCUPATION NONIMMIGRANTS. (a) In General.--Section 214(i)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(i)(2)) is amended-- (1) in subparagraph (A), by adding ``or'' at the end; (2) in subparagraph (B), by inserting ``, from a bona fide educational institution in the United States or from an educational institution that is at least equivalent to such an institution in the United States,'' after ``paragraph (1)(B)''; (3) in subparagraph (B), by striking ``, or'' and inserting a period; and (4) by striking subparagraph (C). (b) Effective Date.--The amendments made by subsection (a) shall apply to applications filed on or after the date of the enactment of this Act. SEC. 8. TRIPLING H-1B NONIMMIGRANT PETITIONER FEE. (a) In General.--Section 214(c)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(B)) is amended by striking ``$1,500'' and inserting ``$4,500''. (b) Technical Amendment.--Section 214(c)(9)(A) of such Act (8 U.S.C. 1184(c)(9)(A)) is amended, in the matter preceding clause (i), by striking ``before''. (c) Effective Date.--The amendment made by subsection (a) shall apply to petitions filed on or after the date of the enactment of this Act. SEC. 9. LABOR ENFORCEMENT. (a) Centralization of Administrative and Enforcement Functions.-- Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended by adding at the end the following new subparagraph: ``(J) The Secretary shall be responsible under this paragraph for investigations of wage complaints, as well as investigations of allegations of fraud in the filing of applications under this subsection.''. (b) Audits.--Section 212(n)(2)(A) of such Act (8 U.S.C. 1182(n)(2)(A)) is amended by adding at the end the following: ``In addition, the Secretary may conduct surveys of the level of compliance by employers with the provisions and requirements of this subsection and may conduct annual compliance audits in the case of employers that employ H-1B nonimmigrants. In the case of an employer that employs H-1B nonimmigrants that represent 15 percent or more of the total number of individuals employed by the employer, the Secretary shall conduct annual compliance audits of such employer.''. SEC. 10. PRIVATE RIGHT OF ACTION. (a) In General.--Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)), as amended by section 8(a), is further amended by adding at the end the following new subparagraph: ``(K) In addition to any other remedies available under this paragraph, a person who is harmed by a violation by an employer of a requirement of this subsection may bring a civil action against the employer in any court of competent jurisdiction for damages or other appropriate relief.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to violations occurring on or after the date of the enactment of this Act. SEC. 11. APPLICATION OF NONDISPLACEMENT REQUIREMENT TO ALL H-1B EMPLOYERS. (a) In General.--Section 212(n)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended by striking ``an H-1B dependent employer (as defined in paragraph (3))'' and inserting ``an employer that employs H-1B non-immigrants''. (b) Effective Date.--The amendments made by this section shall apply to applications filed on or after the date of the enactment of this Act.

Defend the American Dream Act of 2005 - Amends the Immigration and Nationality Act to require employers of H-1B (specialty occupations) nonimmigrants to use one of three specified methods (whichever results in the highest wages) to determine wages for purposes of required wage attestations. Requires such employers who previously employed one or more H-1B nonimmigrants to submit with their labor condition application (LCA) a copy of the W-2 Wage and Tax Statement filed with respect to those nonimmigrants. Extends to 180 days the period during which certain H-1B employers must show nondisplacement of U.S. workers. Requires such employers to actively engage in recruitment efforts. Prohibits such employers from outsourcing or otherwise contracting for the placement of an H-1B nonimmigrant with another employer, regardless of whether the other employer is H-1B dependent employer. Sets forth prior notice requirements. Reduces the period of H-1B authorized admission to three years. Eliminates the exemption from H-1B numerical admission limitations for certain aliens with a U.S. master's or higher degree. Revises the H-1B definition of "specialty occupation." Triples the H-1B petitioner fee. Requires the Secretary of Labor to be responsible for investigations of wage complaints and allegations of fraud in the filing of LCAs. Creates a private right of action for persons harmed by an employer's violation of labor condition requirements. Applies the nondisplacement requirement to all H-1B employers.

To amend the Immigration and Nationality Act to provide greater protections to domestic and foreign workers under the H-1B nonimmigrant worker program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable College Textbook Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The high cost of college textbooks continues to be a barrier for many students in achieving higher education. (2) According to the College Board, during the 2014-2015 academic year, the average student budget for college books and supplies at 4-year public institutions of higher education was $1,225. (3) The Government Accountability Office found that new textbook prices increased 82 percent between 2002 and 2012 and that although Federal efforts to increase price transparency have provided students and families with more and better information, more must be done to address rising costs. (4) The growth of the Internet has enabled the creation and sharing of digital content, including open educational resources that can be freely used by students, teachers, and members of the public. (5) Using open educational resources in place of traditional materials in large-enrollment college courses can reduce textbook costs by 80 to 100 percent. (6) Federal investment in expanding the use of open educational resources could significantly lower college textbook costs and reduce financial barriers to higher education, while making efficient use of taxpayer funds. SEC. 3. DEFINITIONS. In this Act: (1) Educational resource.--The term ``educational resource'' means an educational material that can be used in postsecondary instruction, including textbooks and other written or audiovisual works. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Open educational resource.--The term ``open educational resource'' means an educational resource that either is in the public domain or is made available under a permanent copyright license to the public to freely adapt, distribute, and otherwise use the work with attribution to the author as designated. (4) Open textbook.--The term ``open textbook'' means an open educational resource or set of open educational resources that either is a textbook or can be used in place of a textbook for a postsecondary course at an institution of higher education. (5) Relevant faculty.--The term ``relevant faculty'' means both tenure track and contingent faculty members who may be involved in the creation of open educational resources or the use of open educational resources created as part of the grant application. (6) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. GRANT PROGRAM. (a) Grants Authorized.--From the amounts appropriated under subsection (i), the Secretary shall make grants, on a competitive basis, to eligible entities to support pilot programs that expand the use of open textbooks in order to achieve savings for students. (b) Eligible Entity.--In this section, the term ``eligible entity'' means an institution of higher education or group of institutions of higher education. (c) Applications.-- (1) In general.--Each eligible entity desiring a grant under this section, after consultation with relevant faculty, shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include a description of the project to be completed with grant funds and-- (A) a plan for promoting and tracking the use of open textbooks in postsecondary courses offered by the eligible entity, including an estimate of the projected savings that will be achieved for students; (B) a plan for evaluating, before creating new open educational resources, whether existing open educational resources could be used or adapted for the same purpose; (C) a plan for quality review and review of accuracy of any open educational resources to be created or adapted through the grant; (D) a plan for disseminating information about the results of the project to institutions of higher education outside of the eligible entity, including promoting the adoption of any open textbooks created or adapted through the grant; and (E) a statement on consultation with relevant faculty, including those engaged in the creation of open educational resources, in the development of the application. (d) Special Consideration.--In awarding grants under this section, the Secretary shall give special consideration to applications that demonstrate the greatest potential to-- (1) achieve the highest level of savings for students through sustainable expanded use of open textbooks in postsecondary courses offered by the eligible entity; (2) expand the use of open textbooks at institutions of higher education outside of the eligible entity; and (3) produce-- (A) the highest quality open textbooks; (B) open textbooks that can be most easily utilized and adapted by faculty members at institutions of higher education; (C) open textbooks that correspond to the highest enrollment courses at institutions of higher education; and (D) open textbooks created or adapted in partnership with entities, including campus bookstores, that will assist in marketing and distribution of the open textbook. (e) Use of Funds.--An eligible entity that receives a grant under this section shall use the grant funds to carry out any of the following activities to expand the use of open textbooks: (1) Professional development for any faculty and staff members at institutions of higher education, including the search for and review of open textbooks. (2) Creation or adaptation of open educational resources, especially open textbooks. (3) Development or improvement of tools and informational resources that support the use of open textbooks. (4) Research evaluating the efficacy of the use of open textbooks for achieving savings for students. (5) Partnerships with other entities, including other institutions of higher education, for-profit organizations, or nonprofit organizations, to carry out any of the activities described in paragraphs (1) through (4). (f) License.--Educational resources created under subsection (e) shall be licensed under a non-exclusive, permanent license to the public to exercise any of the rights under copyright conditioned only on the requirement that attribution be given as directed by the copyright owner. (g) Access and Distribution.--The full and complete digital content of each educational resource created or adapted under subsection (e) shall be made available free of charge to the public-- (1) on an easily accessible and interoperable website, which shall be identified to the Secretary by the eligible entity; and (2) in a machine readable, digital format that anyone can directly download, edit with attribution, and redistribute. (h) Report.--Upon an eligible entity's completion of a project supported under this section, the eligible entity shall prepare and submit a report to the Secretary regarding-- (1) the effectiveness of the pilot program in expanding the use of open textbooks and in achieving savings for students; (2) the impact of the pilot program on expanding the use of open textbooks at institutions of higher education outside of the eligible entity; (3) educational resources created or adapted under the grant, including instructions on where the public can access each educational resource under the terms of subsection (g); and (4) all project costs, including the value of any volunteer labor and institutional capital used for the project. (i) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for each of the 5 succeeding fiscal years after the enactment of this Act. SEC. 5. PRICE INFORMATION. Section 133(b) of the Higher Education Act of 1965 (20 U.S.C. 1015b(b)) is amended-- (1) by striking paragraph (6); and (2) in paragraph (9); (A) by striking subparagraphs (A) and (B); and (B) by striking ``a college textbook that--'' and inserting ``a college textbook that may include printed materials, computer disks, website access, and electronically distributed materials.''. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that institutions of higher education should encourage the consideration of open textbooks by faculty within the generally accepted principles of academic freedom that establishes the right and responsibility of faculty members, individually and collectively, to select course materials that are pedagogically most appropriate for their classes. SEC. 7. REPORT TO CONGRESS. Not later than 2 years after the date of enactment of this Act, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives detailing-- (1) the open textbooks created or adapted under this Act; (2) the adoption of such open textbooks; and (3) the savings generated for students, States, and the Federal Government through the use of open textbooks. SEC. 8. GAO REPORT. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives on the cost of textbooks to students at institutions of higher education. The report shall particularly examine-- (1) the change of the cost of textbooks; (2) the factors that have contributed to the change of the cost of textbooks; (3) the extent to which open textbooks are used at institutions of higher education; and (4) the impact of open textbooks on the cost of textbooks.

Affordable College Textbook Act This bill directs the Department of Education (ED) to make competitive grants to institutions of higher education (IHEs) to support pilot programs that expand the use of open textbooks in order to achieve savings for students. It requires the full and complete digital content of the educational resources created or adopted using grant funds to be made available free of charge to the public: (1) on an easily accessible and interoperable website; and (2) in a machine readable, digital format that anyone can directly download, edit with attribution, and redistribute. ED must give special consideration to grant applicants that demonstrate the greatest potential to: achieve the highest level of savings for students; expand the use of open textbooks at other IHEs; and produce open textbooks that are of the highest quality, that can be most easily utilized and adapted by faculty members, that correspond to the highest enrollment courses, and that are created or adopted in partnership with entities that will assist in their marketing and distribution. The bill amends the Higher Education Act of 1965 to include any educational material developed to accompany a college textbook as supplemental material that is subject to college textbook information disclosure requirements.

Affordable College Textbook Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thirteenth Amendment Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The economic contributions of enslaved African Americans to the American economy between 1691 and 1860 were immeasurable. This labor force was used to build the foundations upon which America stands today. (2) From the 16th through the 19th centuries, most colonial economies in the Americas were dependent on human-trafficking and the use of enslaved African labor for their survival. This included the North American mercantile and shipping sectors that were dependent on slave-produced cotton, rice, sugar and indigo, and the profits derived from triangular trade with the West Indies, Africa, and Europe. (3) Enslaved Africans in the United States were also recognized as an important element in the political and economic capital in the nation's political economy. (4) Over the course of 246 years, slaves contributed an estimated 605 billion hours of forced free labor, the gain from which provided ``seed capital'' for the American economy, helped finance the birth of American finance and industrial sectors, contributed to the growth of most of the ``Fortune 500'' companies, and ultimately assisted the nation in financing both world wars. (5) During the Civil War, after Union forces repelled a Confederate invasion at the battle of Antietam in 1862, President Abraham Lincoln issued the Emancipation Proclamation, which declared that all slaves in states then in rebellion would be ``forever free'' as of January 1, 1863. By his action, Lincoln added a new and revolutionary dimension to the nation's war aims: from being a conflict to preserve the Union, the Civil War grew to be a crusade to end black slavery and fulfill the promise of the Declaration of Independence. (6) In the spring of 1864, Charles Sumner introduced an anti-slavery amendment in the Senate, much like the amendments that were introduced in the House by Representatives James Ashley and James Wilson in December of 1863, which declared all persons as equal, prohibited the slavery, and granted Congress the power to enforce these provisions. After extensive debate, the 13th Amendment was formed from this proposal, with the omission of the declaration of equality of all persons, and passed the Senate on April 8, 1864, by a vote of 38-6. (7) Debates between abolitionists and supporters of slavery focused on the moral issue of slavery and various interpretations of ``natural law''. Representative John Farnsworth of Illinois stated that ``the old fathers who made the constitution believed that slavery was at war with the rights of human nature'', and pointed out the contradiction between the existence of inalienable rights and the institution of slavery. Some members within the Republican Party, such as Charles Sumner, sought an interpretation of the Constitution that rejected slavery as incompatible with moral law. (8) President Lincoln took an active role in promoting the 13th Amendment in Congress. He ensured that the Republican Party's 1864 election platform included a provision supporting a constitutional amendment to ``terminate and forever prohibit the existence of Slavery''. His efforts were met with success when the House passed the bill on January 31, 1865, with a vote of 119-56. (9) On February 1, 1865, Illinois became the first state to ratify the proposed 13th Amendment; it was joined by 17 other states by the end of the month. Georgia ratified on December 6, 1865, becoming the 27th of 36 states to approve the Amendment, thus achieving the constitutional requirement that it be ratified by three-fourths of the states. Secretary of State William Seward declared the 13th Amendment to be part of the Constitution on December 18. (10) The Smithsonian National Museum of African American History and Culture (hereafter referred to in this section as the ``NMAAHC'') was established by an Act of Congress in 2003, in Public Law 108-184. (11) It is fitting that the NMAAHC receive the surcharges from the sale of coins issued under this Act because the Museum is devoted to the documentation of African American life, and, among other areas, encompasses the period of slavery and the era of Reconstruction. (12) The surcharge proceeds from the sale of a commemorative coin, which would have no net cost to the taxpayers, would raise valuable funding to supplement the endowment and educational outreach funds of the NMAAHC. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins in commemoration of the Sesquicentennial Anniversary of the passage of the 13th Amendment: (1) $50 bi-metallic platinum and gold coins.--Not more than 250,000 $50 coins, which shall-- (A) have a weight, diameter, and thickness determined by the Secretary; and (B) contain platinum and .9167 pure gold. (2) $20 gold coins.--Not more than 250,000 $20 coins, which shall-- (A) weigh 33.931 grams; (B) have a diameter of 32.7 millimeters; and (C) contain .900 pure gold. (3) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 31.103 grams; (B) have a diameter of 40.6 millimeters; and (C) contain .999 fine silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For the purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the Thirteenth Amendment and the abolishment of slavery in America. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``1865-2015''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act-- (1) shall be based on the economic contributions of slavery, and include images of the pathway from slavery to freedom; (2) may include, on the $20 coins, that the design elements be in high relief; (3) may include, on the $50 coins-- (A) on the obverse, an illustration of Columbia or similar figure representing Liberty, the female representation of America; and (B) on the reverse, a single eagle, and a set of stars on one or both sides; (4) shall be selected by the Secretary after consultation with the Commission of Fine Arts; and (5) shall be reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period of Issuance.--The Secretary may issue coins minted under this Act only during the calendar year beginning January 1, 2016, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Minting in 2016.--Notwithstanding section 5112(d)(1) of title 31, United States Code, the Secretary may continue to mint the coins under this Act in the year 2016. SEC. 6. SALE OF COINS. (a) Sales Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge required under section 7(a) with respect to such coins; and (3) the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sales prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales of coins under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Smithsonian National Museum of African American History and Culture to carry out the purposes of the museum, which goes beyond simply telling the history of African Americans, creating an opportunity for anyone who cares about African American Culture a place to explore, learn, and revel in the rich history of African American Culture. (c) Audits.--The Smithsonian National Museum of African American History and Culture shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Thirteenth Amendment Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue the following coins in commemoration of the sesquicentennial anniversary of the passage of the Thirteenth Amendment to the Constitution (formally abolished slavery in the United States): up to 250,000 $50 bi-metallic platinum and gold coins, up to 250,000 $20 gold coins, and up to 500,000 $1 silver coins. Requires such coins to be considered legal tender and numismatic items. Permits the Secretary to issue such coins only during the calendar year beginning January 1, 2016, except that sales may be initiated, without issuance, before such date. Requires specified surcharges received by the Secretary from the sale of such coins to be paid to the Smithsonian National Museum of African American History and Culture. Directs the Secretary to ensure that: (1) the minting and issuing of such coins will not result in any net cost to the U.S. government; and (2) no funds, including applicable surcharges, are disbursed to the Museum until the total cost of designing and issuing all such coins is recovered by the Treasury.

Thirteenth Amendment Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Custody Protection Act''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. Title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``2432. Transportation of minors in circumvention of certain laws relating to abortion. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Offense.-- ``(1) Generally.--Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the minor resides, shall be fined under this title or imprisoned not more than one year, or both. ``(2) Definition.--For the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed or induced on the minor, in a State or a foreign nation other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides. ``(b) Exceptions.-- ``(1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. ``(2) A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. ``(c) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant-- ``(1) reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required by the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the minor resides; or ``(2) was presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion. ``(d) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a). ``(e) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma or a criminal assault on the pregnant female or her unborn child; ``(2) the term a `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under the law requiring parental involvement in a minor's abortion decision; ``(4) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by the law requiring parental involvement in the minor's abortion decision as a person to whom notification, or from whom consent, is required; and ``(5) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation. ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to abortion ``Notwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that such minor obtain an abortion, shall be fined under this title or imprisoned not more than one year, or both. For the purposes of this section, the terms `State', `minor', and `abortion' have, respectively, the definitions given those terms in section 2435.''. SEC. 3. CLERICAL AMENDMENT. The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new items: ``117A. Transportation of minors in circumvention of certain 2431''. laws relating to abortion.

Child Custody Protection Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minors state of residence that requires parental involvement in the minors abortion decision). Makes an exception for an abortion necessary to safe the life of the minor. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion. Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, terminate an ectopic pregnancy, or remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. Imposes a fine and/or prison term of up to one year on anyone who has committed an act of incest with a minor and knowingly transports such minor across a state line to obtain an abortion.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Competition and Lower Fares Act''. SEC. 2. WITHDRAWAL OF SLOTS. (a) Written Determination.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue a separate written determination with respect to each of LaGuardia Airport, O'Hare International Airport, John F. Kennedy International Airport, and Metropolitan Washington Airport (commonly known as Washington National Airport) as to whether the demand among air carriers for slots at the airport can be met with the slots at the airport that are available to the Secretary. (b) Initial Withdrawal of Slots.--If the Secretary determines under subsection (a) that the demand among air carriers for slots at an airport cannot be met with the slots at the airport that are available to the Secretary, the Secretary shall withdraw slots at that airport from dominant carriers for redistribution pursuant to this Act. Such withdrawals shall be made in accordance with section 41714 of title 49, United States Code, and other applicable laws and regulations. (c) Subsequent Withdrawals.-- (1) Written determination.--Not later than 2 years after the date of the auction under section 3(a), and every 2 years thereafter, the Secretary shall issue a written determination as to whether the redistribution of additional slots under this Act would significantly increase competition between air carriers. (2) Requirement to withdraw slots.--If the Secretary determines under paragraph (1) that the redistribution of additional slots would significantly increase competition, the Secretary shall withdraw slots, in accordance with this section, in a manner which will ensure such an increase. Such withdrawals shall be made in accordance with section 41714 of title 49, United States Code, and other applicable laws and regulations. (d) Limitation on Slot Withdrawals.-- (1) Initial auction.--The Secretary may not withdraw for redistribution under this Act more than 10 percent of the total number of slots held at an airport by a dominant carrier for auction pursuant to section 3(a). (2) Subsequent auctions.--The Secretary may not withdraw for redistribution under this Act more than 5 percent of the total number of slots held at an airport by a dominant carrier for auction pursuant to section 3(b). (3) Calculation of percentage.--In calculating under this subsection the total number of slots held at an airport by a dominant carrier, the Secretary shall not take into account slots used by the carrier for direct flights to low-competition airports. (e) Prohibition on Certain Slot Withdrawals.--The Secretary may not withdraw for redistribution under this Act a slot of a dominant carrier if the Secretary determines that the slot has been used by the carrier for direct flights to a low-competition airport throughout at least 24 of the preceding 30 months. (f) Withdrawal of International Slots.--The Secretary shall not withdraw any slots used for international flights. SEC. 3. AUCTIONS. (a) In General.--After a withdrawal of slots pursuant to section 2, the Secretary shall auction such slots to new entrants and limited incumbents and shall award each slot, pursuant to this section, to the highest bidder for that slot. (b) Limitation on Use of Slots.--The Secretary, in a manner which to the extent practicable represents the times and characteristics of all slots available for auction pursuant to this subsection, shall ensure that-- (1) 40 percent of the slots redistributed under this Act at each of LaGuardia Airport, O'Hare International Airport, and Metropolitan Washington Airport; and (2) 10 percent of the slots redistributed under this Act at John F. Kennedy International Airport, are distributed for use for flights to low-competition airports. (c) Eligible Bidders.--A person may bid for or hold a slot offered at an auction conducted under this section only if that person-- (1) is a new entrant or limited incumbent; (2) is a citizen of the United States, or in the case of a partnership or corporation, organized under the laws of the United States or a State; (3) has appropriate safety certification from the Federal Aviation Administration; (4) has appropriate economic certification from the Department of Transportation; (5) with respect to slots at a particular airport, has not declined any slot at the airport for which the new entrant or limited incumbent was eligible before January 1, 1986; (6) is not substantially owned or otherwise controlled, as determined by the Secretary, by an ineligible person; and (7) is qualified, as determined by the Secretary, to use a purchased slot. (d) Limitation on Transfer of Slots.--A slot obtained by a new entrant or limited incumbent at an auction conducted under this section may only be sold, leased, traded, or transferred to a new entrant or limited incumbent that meets the requirements of subsection (c). (e) Changes in Ownership.--If there is a change in the ownership of a new entrant or limited incumbent that obtains a slot at an auction conducted under this section, the slot shall revert to the Secretary, except that the Secretary may allow the new entrant or limited incumbent to retain the slot if the Secretary determines that such action is in the best interest of promoting competition. (f) Limitation on Statutory Construction.--Nothing in this section or section 2, including the use of competitive bidding, may be construed-- (1) to alter slots allocation criteria and procedures established by section 41714 of title 49, United States Code, or any other provision of law; (2) to diminish the authority of the Secretary under any other provision of law to regulate or reclaim slots; or (3) to convey any rights, including any expectation of renewal of a slot assignment, that differ from the rights that apply to other slots at the same airport that were not issued pursuant to this section. (g) Revenues.--The Secretary may use funds received from auctions held pursuant to this section to provide reimbursement to dominant carriers from which slots have been withdrawn under this Act for investments made by the carrier in the withdrawn slots and in airport improvements at the airport where the carrier held the withdrawn slots. Any funds remaining after providing such reimbursements shall be credited to the general fund of the Treasury as miscellaneous receipts. SEC. 4. SLOTS NOT ASSETS. (a) In General.--A slot obtained under this Act or any other provision of law shall not be considered an asset for any purpose, including for collateral, for any agreement which would require forfeiture of the slot, or in any bankruptcy proceeding. (b) Applicability.--This section shall not apply to any agreement or any renewal provision of any agreement in effect on the date of the enactment of this Act. SEC. 5. UNFAIR COMPETITION. (a) Determinations Regarding Actions Filed.-- (1) Actions filed on or before december 31, 1997.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary on or before December 31, 1997. (2) Actions filed after december 31, 1997, and before the date of the enactment of this act.--Not later than 9 months after the date of the enactment of this Act, the Secretary shall complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary after December 31, 1997, but before the date of the enactment of this Act. (3) Actions filed on or after the date of the enactment of this act.--The Secretary shall make an initial finding regarding any complaint alleging a predatory practice by an air carrier that is filed with the Secretary after the date of the enactment of this Act, not later than 30 days after such complaint is filed. (b) Restraining Order.--Not later than 15 days after date of an initial finding under subsection (a)(3), and after notice and opportunity for a hearing, the Secretary shall enjoin, pending final determination, any action that is found to be a predatory practice. (c) Report to Congress.--Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the Secretary shall transmit a report to Congress describing complaints received by the Secretary which allege predatory practices by air carriers and any action taken by the Secretary on those complaints. (d) Guidelines.--Not later than 6 months after the date of the enactment of this Act, the Secretary, in consultation with the Attorney General of the United States, shall issue guidelines defining predatory practices and unfair competition practices under this section and under title 49, United States Code. SEC. 6. ACCESS TO FACILITIES. The Secretary shall ensure that all airport facilities are available to new entrants at fees that are comparable to the average fees paid by incumbents. SEC. 7. EVALUATION OF RULE. The Secretary shall initiate a rulemaking proceeding to determine whether the application of the 80-percent rule contained in section 93.227(a) of title 49, Code of Federal Regulations, promotes, hinders, or has no effect on airline competition. SEC. 8. LIMITS ON COMPETITION IN AVIATION INDUSTRY. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall transmit to Congress a report on barriers to entry, predatory pricing, and other limits on competition in the aviation industry. SEC. 9. PROHIBITION ON INCREASED NOISE. The Secretary shall issue such regulations as are necessary to carry out this Act. However, the Secretary shall not issue or approve any regulation or exemption in carrying out this Act which would increase airplane noise in communities surrounding an airport. SEC. 10. CLARIFICATION OF LEGAL STANDING. Section 41713(b) of title 49, United States Code, is amended by adding at the end the following new paragraph: ``(5) This subsection shall not bar any cause of action brought against an air carrier by 1 or more private parties seeking to enforce any right under the common law of any State or under any State statute, other than a statute purporting to directly prescribe fares, routes, or levels of air transportation service.''. SEC. 11. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Dominant carrier.--The term ``dominant carrier'' means a person that holds 10 percent or more of the slots in an airport. (2) Limited incumbent.--The term ``limited incumbent'' means a person that holds or operates fewer than 12 slots at a particular airport, not including international slots, Essential Air Service Program slots, or slots between the hours of 2200 and 0659 at Metropolitan Washington Airport or LaGuardia Airport. (3) New entrant.--The term ``new entrant'' means a person that does not hold a slot at a particular airport and has not sold or given up a slot at that airport after December 16, 1985. (4) Person.--The term ``person'' includes a commuter operator or air carrier. (5) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (6) Slot.--The term ``slot'' means the operational authority to conduct one landing or takeoff operation each day during a specific hour or 30 minute period at LaGuardia Airport, O'Hare International Airport, John F. Kennedy International Airport, or Metropolitan Washington Airport. (7) Low-competition airport.--The term ``low-competition airport'' means an airport that-- (A) is not classified as a large hub; and (B) the Secretary determines has substantially less service than average or substantially higher than average airfares.

Airline Competition and Lower Fares Act - Directs the Secretary of Transportation to determine whether the demand among air carriers for slots at LaGuardia Airport, O'Hare International Airport, John F. Kennedy International Airport, and Metropolitan Washington Airport (commonly known as Washington National Airport) can be met with the slots available to the Secretary. Requires the Secretary, if the demand among dominant air carriers for slots at such an airport cannot be met with the slots available to the Secretary, to withdraw from such carriers up to ten percent of such slots at that airport for redistribution to new entrants and limited incumbents through auction on a competitive bidding basis, as long as the redistribution of the additional slots significantly increases competition between air carriers. Prohibits withdrawal of any slots used for international flights or for direct flights to a low-competition airport. (Sec. 4) Prohibits slots obtained under this Act from being considered an asset (including for collateral) for any agreement which would require its forfeiture, or in any bankruptcy proceeding. (Sec. 5) Directs the Secretary to complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary on or before December 31, 1997, and after such date, but before the enactment of this Act. Directs the Secretary, after notice and opportunity for a hearing, to enjoin any action that is found to be a predatory practice. Directs the Secretary to report biannually to the Congress about such complaints. (Sec. 8) Directs the Secretary to initiate a rulemaking to determine whether the application of the 80-percent rule with respect to the allocation of airport slots promotes, hinders, or has no effect on airline competition. Directs the Secretary to report annually to the Congress on barriers to entry, predatory pricing, and other limits on competition in the aviation industry. (Sec. 9) Prohibits the Secretary from issuing or approving any regulation or exemption in carrying out this Act which would increase airplane noise in communities surrounding an airport. (Sec. 10) Amends Federal aviation law provisions prohibiting State regulation of air prices, routes, and services to declare that such provisions shall not bar a cause of action brought against an air carrier by one or more private parties seeking to enforce any right under the common law of any State or State statute, other than a statute purporting to directly prescribe fares, routes, or levels of air transportation service.

Airline Competition and Lower Fares Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Benefit Adjustment of Social Security Income Compensation Act of 2010'' or the ``BASIC Act''. SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(b)(4)(B) of such Act (42 U.S.C. 402(b)(4)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(c)(4)(B) of such Act (42 U.S.C. 402(c)(4)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies, becomes entitled'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) the month preceding the earliest of the first month in which she remarries, the month in which she becomes entitled''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies, or becomes entitled'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) the month preceding the earliest of the first month in which he remarries, the month in which he becomes entitled''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``the month in which he or she dies or (if earlier)'' after ``and ending with'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) the month preceding the first month in which such parent marries''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with the month preceding the earlier of'' and by striking the comma after ``216(l))''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). SEC. 3. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(z) The amount of any individual's monthly insurance benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(k) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i) The amount of any individual's monthly benefit under this section paid for the month in which the individual dies shall be an amount equal to-- ``(1) the amount of such benefit (as determined without regard to this subsection), multiplied by ``(2) a fraction-- ``(A) the numerator of which is the number of days in such month preceding the date of such individual's death, and ``(B) the denominator of which is the number of days in such month, rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. Payment of such benefit for such month shall be made as provided in section 204(d).''. SEC. 4. MODIFICATION OF COMPUTATION OF LUMP-SUM DEATH PAYMENTS. The first sentence of section 202(I) of such Act (42 U.S.C. 402(I)) is amended by striking ``three times'' and all that follows through ``smaller'' and inserting ``47 percent of such individual's primary insurance amount, or an amount equal to $255, whichever is greater''. SEC. 5. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM PROVISIONS. Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended by adding at the end the following new paragraph: ``(11) Notwithstanding any other provision of this Act, in applying the preceding provisions of this subsection (and determining maximum family benefits under column V of the table in or deemed to be in section 215(a) as in effect in December 1978) with respect to the month in which the insured individual's death occurs, the benefit payable to such individual for that month shall be disregarded.''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring in the first month beginning more than 90 days after the date of enactment of this Act.

Benefit Adjustment of Social Security Income Compensation Act of 2010 or the BASIC Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that: (1) an individual's entitlement to any OASDI benefit shall continue through the month of his or her death (without affecting any other person's entitlement to benefits for that month); and (2) the benefit shall be payable for such month only to the extent proportionate to the number of days in the month preceding the date of death. Revises the formula for computation of a lump-sum death payment to the widow or widower of a fully or currently insured individual.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Victims Redress Act''. TITLE I--HEIRLESS ASSETS SEC. 101. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds as follows: (1) Among the $198,000,000 in German assets located in the United States and seized by the United States Government in World War II were believed to be bank accounts, trusts, securities, or other assets belonging to Jewish victims of the Holocaust. (2) Among an estimated $1,200,000,000 in assets of Swiss nationals and institutions which were frozen by the United States Government during World War II (including over $400,000,000 in bank deposits) were assets whose beneficial owners were believed to include victims of the Holocaust. (3) In the aftermath of the war, the Congress recognized that some of the victims of the Holocaust whose assets were among those seized or frozen during the war might not have any legal heirs, and legislation was enacted to authorize the transfer of up to $3,000,000 of such assets to organizations dedicated to providing relief and rehabilitation for survivors of the Holocaust. (4) Although the Congress and the Administration authorized the transfer of such amount to the relief organizations referred to in paragraph (3), the enormous administrative difficulties and cost involved in proving legal ownership of such assets, directly or beneficially, by victims of the Holocaust, and proving the existence or absence of heirs of such victims, led the Congress in 1962 to agree to a lump-sum settlement and to provide $500,000 for the Jewish Restitution Successor Organization of New York, such sum amounting to \1/ 6\th the authorized maximum level of ``heirless'' assets to be transferred. (5) In June of 1997, a current representative of the Secretary of State, in testimony before the Congress, urged the reconsideration of the limited $500,000 settlement. (6) While a precisely accurate accounting of ``heirless'' assets may be impossible, good conscience warrants the recognition that the victims of the Holocaust have a compelling moral claim to the unrestituted portion of assets referred to in paragraph (3). (7) Furthermore, leadership by the United States in meeting obligations to Holocaust victims would strengthen-- (A) the efforts of the United States to press for the speedy distribution of the remaining nearly 6 metric tons of gold still held by the Tripartite Commission for the Restitution of Monetary Gold (the body established by France, Great Britain, and the United States at the end of World War II to return gold looted by Nazi Germany to the central banks of countries occupied during the war by Germany); and (B) the appeals by the United States to the 15 nations claiming a portion of such gold to contribute a substantial portion of any such distribution to Holocaust survivors in recognition of the recently documented fact that the gold held by the commission includes gold stolen from individual victims of the Holocaust. (b) Purposes.--The purposes of this Act are as follows: (1) To provide a measure of justice to survivors of the Holocaust all around the world while they are still alive. (2) To authorize the appropriation of an amount which is at least equal to the present value of the difference between the amount which was authorized to be transferred to successor organizations to compensate for assets in the United States of heirless victims of the Holocaust and the amount actually paid in 1962 to the Jewish Restitution Successor Organization of New York for that purpose. (3) To facilitate efforts by the United States to seek an agreement whereby nations with claims against gold held by the Tripartite Commission for the Restitution of Monetary Gold would contribute all, or a substantial portion, of that gold to charitable organizations to assist survivors of the Holocaust. SEC. 102. DISTRIBUTIONS BY THE TRIPARTITE GOLD COMMISSION. (a) Directions to Secretary of State.--The Secretary of State shall direct the commissioner representing the United States on the Tripartite Commission for the Restitution of Monetary Gold, established pursuant to Part III of the Paris Agreement on Reparation, to seek and vote for a timely agreement under which all signatories to the Paris Agreement on Reparation, with claims against the monetary gold pool in the jurisdiction of such Commission, contribute all, or a substantial portion, of such gold to charitable organizations to assist survivors of the Holocaust. (b) Authority To Obligate the United States.-- (1) In general.--The Secretary of State may commit the United States to pay an amount not to exceed $25,000,000 for distribution under an agreement described in subsection (a). (2) Conformance with budget act requirement.--Any budget authority contained in paragraph (1) shall be effective only to such extent and in such amounts as are provided in advance in appropriation Acts. SEC. 103. FULFILLMENT OF OBLIGATION OF THE UNITED STATES. (a) Authorization of Appropriations.--Subject to subsection (b), there are authorized to be appropriated to the President such sums as may be necessary for fiscal years 1998, 1999, and 2000, not to exceed a total of $25,000,000 for all such fiscal years, for distribution to organizations as may be specified in any agreement concluded pursuant to section 102, only if they meet the needs of Holocaust survivors in the United States. (b) Reservation.--The Secretary of State shall reserve a portion of the amount appropriated under subsection (a) for the United States Holocaust Museum, for archival research to assist in the restitution of assets looted or extorted from victims of the Holocaust and such other activities that would further Holocaust remembrance and education. TITLE II--WORKS OF ART SEC. 201. FINDINGS. Congress finds as follows: (1) Established pre-World War II principles of international law, as enunciated in Articles 47 and 56 of the Regulations annexed to the 1907 Hague Convention (IV) Respecting the Laws and Customs of War on Land, prohibited pillage and the seizure of works of art. (2) In the years since World War II, international sanctions against confiscation of works of art have been amplified through such conventions as the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, which forbids the illegal export of art work and calls for its earliest possible restitution to its rightful owner. (3) In defiance of the 1907 Hague Convention, the Nazis extorted and looted art from individuals and institutions in countries it occupied during World War II and used such booty to help finance their war of aggression. (4) The Nazis' policy of looting art was a critical element and incentive in their campaign of genocide against individuals of Jewish and other religious and cultural heritage and, in this context, the Holocaust, while standing as a civil war against defined individuals and civilized values, must be considered a fundamental aspect of the world war unleashed on the continent. (5) Hence, the same international legal principles applied among states should be applied to art and other assets stolen from victims of the Holocaust. (6) In the aftermath of the war, art and other assets were transferred from territory previously controlled by the Nazis to the Union of Soviet Socialist Republics, much of which has not been returned to rightful owners. SEC. 202. SENSE OF THE CONGRESS REGARDING RESTITUTION OF PRIVATE PROPERTY, SUCH AS WORKS OF ART. It is the sense of the Congress that consistent with the 1907 Hague Convention, all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner.

TABLE OF CONTENTS: Title I: Heirless Assets Title II: Works of Art Holocaust Victims Redress Act - Title I: Heirless Assets - Directs the Secretary of State to direct the commissioner representing the United States on the Tripartite Commission for the Restitution of Monetary Gold to seek and vote for a timely agreement under which all signatories to the Paris Agreement on Reparation with claims against the monetary gold pool in the Commission's jurisdiction contribute all or a substantial portion of such gold to charitable organizations to assist survivors of the Holocaust. Authorizes the Secretary of State to commit the United States to pay up to $25 million for distribution under such an agreement. Authorizes appropriations. Directs the Secretary of State to reserve a portion of the appropriation for the United States Holocaust Museum for archival research to assist in the restitution of assets looted or extorted from victims of the Holocaust and such other activities that would further Holocaust remembrance and education. Title II: Works of Art - Expresses the sense of the Congress that, consistent with the 1907 Hague Convention, all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner.

Holocaust Victims Redress Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Paperwork Reduction and Fraud Prevention Act of 2009''. SEC. 2. NATIONAL BIPARTISAN COMMISSION ON BILLING CODES AND FORMS SIMPLIFICATION. (a) Establishment.--There is hereby established the Commission on Health Care Billing Codes and Forms Simplification (in this section referred to as the ``Commission''). (b) Duties.--The Commission shall make recommendations regarding the following: (1) Standardized and simplified forms.--Standardizing and simplifying credentialing and billing forms respecting health care claims, that all Federal Government agencies would use and that the private sector is able (and is encouraged, but not required) to use. (2) Reduction in billing codes.--A significant reduction and simplification in the number of billing codes for health care claims. (3) Regulatory and appeals process reform.--Reforms in the regulatory and appeals processes under the Medicare program under title XVIII of the Social Security Act in order to ensure that the Secretary of Health and Human Services provides appropriate guidance to suppliers and providers of services (as such terms are defined in subsections (d) and (u), respectively, of section 1861 of such Act), including physicians and providers and suppliers of ambulance services, that are attempting to properly submit claims under the Medicare program and to ensure that the Secretary does not target inadvertent billing errors. (4) Electronic forms and payments.--Simplifying and updating electronic forms of the Centers for Medicare & Medicaid Services to ensure simplicity as well as patient privacy. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 17 members, of whom-- (A) four shall be appointed by the President; (B) six shall be appointed by the majority leader of the Senate, in consultation with the minority leader of the Senate, of whom not more than 4 shall be of the same political party; (C) six shall be appointed by the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives, of whom not more than 4 shall be of the same political party; and (D) one, who shall serve as Chairman of the Commission, shall be appointed jointly by the President, majority leader of the Senate, and the Speaker of the House of Representatives. (2) Appointment.--Members of the Commission shall be appointed by not later than 90 days after the date of the enactment of this Act. (d) Incorporation of Bipartisan Commission Provisions.--The provisions of paragraphs (3) through (8) of subsection (c) and subsections (d), (e), and (h) of section 4021 of the Balanced Budget Act of 1997 shall apply to the Commission under this section in the same manner as they applied to the National Bipartisan Commission on the Future of Medicare under such section. (e) Report.--Not later than December 31, 2009, the Commission shall submit to the President and Congress a report which shall contain a detailed statement of only those recommendations, findings, and conclusions of the Commission that receive the approval of at least 11 members of the Commission. (f) Termination.--The Commission shall terminate 30 days after the date of submission of the report required in subsection (e). SEC. 3. EDUCATION OF PHYSICIANS AND PROVIDERS CONCERNING MEDICARE PROGRAM PAYMENTS. (a) Written Requests.-- (1) In general.--The Secretary of Health and Human Services shall establish a process under which a physician may request, in writing from a carrier, assistance in addressing questionable codes and procedures under the Medicare program under title XVIII of the Social Security Act and then the carrier shall respond in writing within 30 business days with the correct billing or procedural answer. (2) Use of written statement.-- (A) In general.--Subject to subparagraph (B), a written statement under paragraph (1) may be used as proof against a future audit or overpayment under the Medicare program. (B) Limit on application.--Subparagraph (A) shall not apply retroactively and shall not apply to cases of fraudulent billing. (b) Restoration of Toll-Free Hotline.-- (1) In general.--The Administrator of the Centers for Medicare & Medicaid Services shall restore the toll-free telephone hotline previously maintained by the Centers for Medicare & Medicaid Services so that physicians may call for information and questions about the Medicare program. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out paragraph (1). (c) Definitions.--For purposes of this section: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. SEC. 4. POLICY DEVELOPMENT REGARDING E&M GUIDELINES UNDER THE MEDICARE PROGRAM. (a) In General.--The Administrator of the Centers for Medicare & Medicaid Services may not implement any new evaluation and management guidelines (in this section referred to as ``E&M guidelines'') under the Medicare program, unless the Administrator-- (1) has provided for an assessment of the proposed guidelines by physicians; (2) has established a plan that contains specific goals, including a schedule, for improving participation of physicians in the assessment described in paragraph (1); (3) has carried out a minimum of 4 pilot projects consistent with subsection (b) in at least 4 different regions (to be specified by the Secretary) to test such guidelines; and (4) finds that the objectives described in subsection (c) will be met in the implementation of such guidelines. (b) Pilot Projects.-- (1) Length and consultation.--Each pilot project under this subsection shall-- (A) be of sufficient length to allow for preparatory physician and carrier education, analysis, and use and assessment of potential E&M guidelines; and (B) be conducted, throughout the planning and operational stages of the project, in consultation with national and State medical societies. (2) Peer review and rural pilot projects.--Of the pilot projects conducted under this subsection-- (A) at least one shall focus on a peer review method by physicians which evaluates medical record information for statistical outlier services relative to definitions and guidelines published in the most recent Current Procedural Terminology book, instead of an approach using the review of randomly selected medical records using non-clinical personnel; and (B) at least one shall be conducted for services furnished in a rural area. (3) Study of impact.--Each pilot project shall examine the effect of the potential E&M guidelines on-- (A) different types of physician practices, such as large and small groups; and (B) the costs of compliance, and patient and physician satisfaction. (4) Report on how met objectives.--Not later than 6 months after the date of the conclusion of all of the pilot projects under this subsection, the Administrator of the Centers for Medicare & Medicaid Services shall submit a report to the Committees on Commerce and Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Practicing Physicians Advisory Council, on such pilot projects. Such report shall include the extent to which the pilot projects met the objectives specified in subsection (c). (c) Objectives for E&M Guidelines.--The objectives for E&M guidelines specified in this subsection are as follows (relative to the E&M guidelines and review policies in effect as of the date of the enactment of this Act): (1) Enhancing clinically relevant documentation needed to accurately code and assess coding levels accurately. (2) Reducing administrative burdens. (3) Decreasing the level of non-clinically pertinent and burdensome documentation time and content in the record. (4) Increased accuracy by carrier reviewers. (5) Education of both physicians and reviewers. (6) Appropriate use of evaluation and management codes by physicians and their staffs. (7) The extent to which the tested evaluation and management documentation guidelines substantially adhere to the CPT coding rules. (8) Simplifying electronic billing. (d) Definitions.--For purposes of this section and section 5: (1) Physician.--The term ``physician'' has the meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (2) Carrier.--The term ``carrier'' means a carrier (as defined in section 1842(f) of the Social Security Act (42 U.S.C. 1395u(f))) with a contract under title XVIII of such Act to administer benefits under part B of such title. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Medicare program.--The term ``Medicare program'' means the program under title XVIII of the Social Security Act. SEC. 5. OVERPAYMENTS UNDER THE MEDICARE PROGRAM. (a) Individualized Notice.--If a carrier proceeds with a post- payment audit of a physician under the Medicare program, the carrier shall provide the physician with an individualized notice of billing problems, such as a personal visit or carrier-to-physician telephone conversation during normal working hours, within 3 months of initiating such audit. The notice should include suggestions to the physician on how the billing problem may be remedied. (b) Repayment of Overpayments Without Penalty.--The Secretary of Health and Human Services shall permit a physician to repay Medicare overpayments made to such physician without penalty or interest and without threat of denial of other claims based upon extrapolation, if such repayment is made not later than 3 months after such physician receives notification of such overpayment and if such overpayment was not determined by a final adverse action to be the result of fraudulent billing. If a physician should discover an overpayment before a carrier notifies the physician of the error, the physician may reimburse the Medicare program without penalty and the Secretary may not audit or target the physician on the basis of such repayment, unless other evidence of fraudulent billing exists. (c) Treatment of First-Time Billing Errors.--If a physician's Medicare billing error was a first-time error and the physician has not previously been the subject of a post-payment audit, the carrier may not assess a fine through extrapolation of such an error to other claims, unless the physician has submitted a fraudulent claim. (d) Timely Notice of Problem Claims Before Using Extrapolation.--A carrier may seek reimbursement or penalties against a physician based on extrapolation of a Medicare claim only if the carrier has informed the physician of potential problems with the claim not later than one year after the date the claim was submitted for reimbursement. (e) Submission of Additional Information.--A physician may submit additional information and documentation to dispute a carrier's charges of overpayment without waiving the physician's right to a hearing by an administrative law judge. (f) Limitation on Delay in Payment.--Following a post-payment audit, a carrier that is conducting a pre-payment screen on a physician service under the Medicare program may not delay reimbursements for more than one month and as soon as the physician submits a corrected claim, the carrier shall eliminate application of such a pre-payment screen.

Health Care Paperwork Reduction and Fraud Prevention Act of 2009 - Establishes the Commission on Health Care Billing Codes and Forms Simplification which shall make recommendations regarding: (1) standardizing and simplifying credentialing and billing forms for health care claims; (2) reducing and simplifying billing codes; (3) reforming the Medicare regulatory and appeals processes to ensure that the Secretary of Health and Human Services provides appropriate guidance to providers for submitting Medicare claims and does not target inadvertent billing errors; and (4) updating electronic forms of the Centers for Medicare & Medicaid Services to ensure simplicity and privacy. Directs the Secretary of Health and Human Services to establish a process under which a physician may request from a carrier written assistance in addressing questionable codes and procedures under the Medicare program. Requires the Administrator of the Centers for Medicare & Medicaid Services to restore the toll-free telephone hotline so that physicians may call for information and questions about the Medicare program. Prohibits the Administrator from implementing any new evaluation and management (E&M) guidelines under the Medicare program unless the Administrator: (1) has provided for an assessment of the proposed guidelines by physicians; (2) has established a plan that contains specific goals, including a schedule for improving participation of physicians in such assessment; (3) has carried out a minimum of four pilot projects in at least four different regions to test E&M guidelines; and (4) finds that specified objectives will be met in the implementation of such guidelines. Sets forth provisions concerning: (1) physician participation and pilot program testing requirements and objectives for new E&M guidelines under Medicare; and (2) notice, administrative, and penalty requirements with respect to Medicare overpayments.

To reduce the amount of paperwork and improve payment policies for health care services, to prevent fraud and abuse through health care provider education, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to Contact Lens Consumers Act''. SEC. 2. AVAILABILITY OF CONTACT LENS PRESCRIPTIONS TO PATIENTS. (a) In General.--When a prescriber completes a contact lens fitting, the prescriber-- (1) whether or not requested by the patient, shall provide to the patient a copy of the contact lens prescription; and (2) shall, as directed by any person designated to act on behalf of the patient, provide or verify the contact lens prescription by electronic or other means. (b) Limitations.--A prescriber may not-- (1) require purchase of contact lenses from the prescriber or from another person as a condition of providing a copy of a prescription under subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2); (2) require payment in addition to, or as part of, the fee for an eye examination, fitting, and evaluation as a condition of providing a copy of a prescription under subsection (a)(1) or (a)(2) or verification of a prescription under subsection (a)(2); or (3) require the patient to sign a waiver or release as a condition of verifying or releasing a prescription. SEC. 3. IMMEDIATE PAYMENT OF FEES IN LIMITED CIRCUMSTANCES. A prescriber may require payment of fees for an eye examination, fitting, and evaluation before the release of a contact lens prescription, but only if the prescriber requires immediate payment in the case of an examination that reveals no requirement for ophthalmic goods. For purposes of the preceding sentence, presentation of proof of insurance coverage for that service shall be deemed to be a payment. SEC. 4. PRESCRIBER VERIFICATION. (a) Prescription Requirement.--A seller may sell contact lenses only in accordance with a contact lens prescription for the patient that is-- (1) presented to the seller by the patient or prescriber directly or by facsimile; or (2) verified by direct communication. (b) Record Requirement.--A seller shall maintain a record of all direct communications referred to in subsection (a). (c) Information.--When seeking verification of a contact lens prescription, a seller shall provide the prescriber with the following information: (1) Patient's full name and address. (2) Contact lens power, manufacturer, base curve or appropriate designation, and diameter when appropriate. (3) Quantity of lenses ordered. (4) Date of patient request. (5) Date and time of verification request. (6) Name of contact person at seller's company, including facsimile and telephone number. (d) Verification Events.--A prescription is verified under this Act only if one of the following occurs: (1) The prescriber confirms the prescription is accurate by direct communication with the seller. (2) The prescriber informs the seller that the prescription is inaccurate and provides the accurate prescription. (3) The prescriber fails to communicate with the seller within 8 business hours, or a similar time as defined by the Federal Trade Commission, after receiving from the seller the information described in subsection (c). (e) Invalid Prescription.--If a prescriber informs a seller before the deadline under subsection (d)(3) that the contact lens prescription is inaccurate, expired, or otherwise invalid, the seller shall not fill the prescription. The prescriber shall specify the basis for the inaccuracy or invalidity of the prescription. If the prescription communicated by the seller to the prescriber is inaccurate, the prescriber shall correct it. (f) No Alteration.--A seller may not alter a contact lens prescription. Notwithstanding the preceding sentence, if the same contact lens is manufactured by the same company and sold under multiple labels to individual providers, the seller may fill the prescription with a contact lens manufactured by that company under another label. (g) Direct Communication.--As used in this section, the term ``direct communication'' includes communication by telephone, facsimile, or electronic mail. SEC. 5. EXPIRATION OF CONTACT LENS PRESCRIPTIONS. (a) In General.--A contact lens prescription shall expire-- (1) on the date specified by the law of the State in which the prescription was written, if that date is one year or more after the issue date of the prescription; (2) not less than one year after the issue date of the prescription if such State law specifies no date or a date that is less than one year after the issue date of the prescription; or (3) notwithstanding paragraphs (1) and (2), on the date specified by the prescriber, if that date is based on the medical judgment of the prescriber with respect to the ocular health of the patient. (b) Special Rules for Prescriptions of Less Than 1 Year.--If a prescription expires in less than 1 year, the reasons for the judgment referred to in subsection (a)(3) shall be documented in the patient's medical record. In no circumstance shall the prescription expiration date be less than the period of time recommended by the prescriber for a reexamination of the patient that is medically necessary. (c) Definition.--As used in this section, the term ``issue date'' means the date on which the patient receives a copy of the prescription. SEC. 6. CONTENT OF ADVERTISEMENTS AND OTHER REPRESENTATIONS. Any person that engages in the manufacture, processing, assembly, sale, offering for sale, or distribution of contact lenses may not represent, by advertisement, sales presentation, or otherwise, that contact lenses may be obtained without a prescription. SEC. 7. PROHIBITION OF CERTAIN WAIVERS. A prescriber may not place on the prescription, or require the patient to sign, or deliver to the patient a form or notice waiving or disclaiming the liability or responsibility of the prescriber for the accuracy of the eye examination. The preceding sentence does not impose liability on a prescriber for the ophthalmic goods and services dispensed by another seller pursuant to the prescriber's correctly verified prescription. SEC. 8. RULEMAKING BY FEDERAL TRADE COMMISSION. The Federal Trade Commission shall prescribe rules pursuant to section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) to carry out this Act. Rules so prescribed shall be exempt from the requirements of the Magnuson-Moss Warranty--Federal Trade Commission Improvement Act (15 U.S.C. 2301 et seq.). Any such regulations shall be issued in accordance with section 553 of title 5, United States Code. The first rules under this section shall take effect not later than 180 days after the effective date of this Act. SEC. 9. VIOLATIONS. (a) In General.--Any violation of this Act or the rules required under section 8 shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. (b) Actions by the Commission.--The Federal Trade 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. SEC. 10. STUDY AND REPORT. (a) Study.--The Federal Trade Commission shall undertake a study to examine the strength of competition in the sale of prescription contact lenses. The study shall include an examination of the following issues: (1) Incidence of exclusive relationships between prescribers or sellers and contact lens manufacturers and the impact of such relationships on competition. (2) Difference between online and offline sellers of contact lenses, including price, access, and availability. (3) Incidence, if any, of contact lens prescriptions that specify brand name or custom labeled contact lenses, the reasons for the incidence, and the effect on consumers and competition. (4) The impact of the Federal Trade Commission eyeglasses rule (16 CFR 456 et seq.) on competition, the nature of the enforcement of the rule, and how such enforcement has impacted competition. (5) Any other issue that has an impact on competition in the sale of prescription contact lenses. (b) Report.--Not later than 12 months after the effective date of this Act, the Chairman of the Federal Trade Commission shall submit to the Congress a report of the study required by subsection (a). SEC. 11. DEFINITIONS. As used in this Act: (1) Contact lens fitting.--The term ``contact lens fitting'' means the process that begins after the initial eye examination and ends when a successful fit has been achieved or, in the case of a renewal prescription, ends when the prescriber determines that no change in prescription is required, and such term may include-- (A) an examination to determine lens specifications; (B) except in the case of a renewal of a prescription, an initial evaluation of the fit of the lens on the eye; and (C) medically necessary follow up examinations. (2) Prescriber.--The term ``prescriber'' means, with respect to contact lens prescriptions, an ophthalmologist, optometrist, or other person permitted under State law to issue prescriptions for contact lenses in compliance with any applicable requirements established by the Food and Drug Administration. (3) Contact lens prescription.--The term ``contact lens prescription'' means a prescription, issued in accordance with State and Federal law, that contains sufficient information for the complete and accurate filling of a prescription, including the following: (A) Name of the patient. (B) Date of examination. (C) Issue date and expiration date of prescription. (D) Name, postal address, telephone number, and facsimile telephone number of prescriber. (E) Power, material or manufacturer or both. (F) Base curve or appropriate designation. (G) Diameter, when appropriate. (H) In the case of a private label contact lens, name of manufacturer, trade name of private label brand, and, if applicable, trade name of equivalent brand name. SEC. 12. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Fairness to Contact Lens Consumers Act - (Sec. 2) Requires a contact lens prescriber (a person permitted under State law to issue prescriptions for contact lenses) to provide a patient with a copy of their contact lens prescription, whether or not requested by the patient, and verify the prescription's accuracy, or make necessary corrections, to a contact lens seller or any person designated by the patient. Prohibits a prescriber from: (1) requiring patients to purchase contact lenses from the prescriber; (2) charging an additional fee for a copy of the prescription; (3) requiring the patient to sign a waiver; and (4) disclaiming liability or responsibility for the accuracy of the eye examination. (Sec. 3) Allows a prescriber to withhold the contact lens prescription until the prescriber receives payment or proof of insurance coverage only if the prescriber also requires immediate payment from a patient not needing any ophthalmic goods. (Sec. 4) Allows a seller to fill a prescription for contact lenses only when: (1) a seller receives a contact lens prescription directly or by facsimile; (2) a seller verifies a prescription by direct communication with the prescriber; or (3) the prescriber fails to respond to the seller within eight business hours after being contacted by the seller with the prescription information. Requires a seller to maintain a record of all such communication with a patient or a prescriber. (Sec. 5) Declares that a contact lens prescription shall expire on the date specified by the law of the State in which it is written, but not less than one year after the issue date of the prescription. Permits an exception for a patient's ocular health. (Sec. 6) Prohibits advertising that represents that contact lenses may be obtained without a prescription. (Sec. 8) Requires the Federal Trade Commission (FTC) to prescribe rules to carry out this Act. (Sec. 9) States that any violation of this Act shall be treated as a violation of the Federal Trade Commission Act regarding unfair or deceptive acts or practices. (Sec. 10) Requires the FTC to report to Congress on: (1) exclusive relationships between prescribers or sellers and contact lens manufacturers and the impact such relationships have on competition; (2) differences between online and off-line sellers of contact lenses; (3) contact lens prescriptions that specify brand name and their impact on competition; (4) the FTC eyeglasses rule, its enforcement, and its impact on competition; and (5) any other issue that affects competition in the sale of contact lenses.

To provide for availability of contact lens prescriptions to patients, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intercity Passenger Rail Trust Fund Act of 1995''. SEC. 2. INTERCITY PASSENGER RAIL TRUST FUND. (a) Establishment of Trust Fund.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9512. INTERCITY PASSENGER RAIL TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Intercity Passenger Rail Trust Fund', consisting of such amounts as may be transferred or credited to the Trust Fund as provided in section 9503(c)(7) or section 9602(b). ``(b) Expenditures From Trust Fund.-- ``(1) In general.--Except as provided in paragraph (2), amounts in the Intercity Passenger Rail Trust Fund shall be available, as provided by appropriation Acts, to finance qualified expenses of-- ``(A) the National Railroad Passenger Corporation, and ``(B) each eligible State, to the extent determined under paragraph (3). ``(2) Direct spending amounts.--The following amounts in the Intercity Passenger Rail Trust Fund are hereby appropriated to finance qualified expenses: Amount ``Fiscal year: Available: 1996.......................................... $131,000,000 1997.......................................... 663,000,000 1998.......................................... 667,000,000 1999.......................................... 670,000,000 2000.......................................... 672,000,000. ``(3) Maximum amount of funds to eligible states.--Each eligible State shall receive under this subsection an amount equal to the lesser of-- ``(A) the State's qualified expenses for the fiscal year, or ``(B) the product of-- ``(i) \1/12\ of 1 percent of the lesser of-- ``(I) the aggregate amounts transferred and credited to the Intercity Passenger Rail Trust Fund under subsection (a) for such fiscal year, or ``(II) the aggregate amounts appropriated from the Intercity Passenger Rail Trust Fund under this subsection for such fiscal year, and ``(ii) the number of months such State was an eligible State in the preceding fiscal year. If the amount determined under subparagraph (B) exceeds the amount under subparagraph (A) for any fiscal year, the amount under subparagraph (B) for the following fiscal year shall be increased by the amount of such excess. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified expenses.--The term `qualified expenses' means expenses incurred, with respect to obligations made, after December 31, 1995, and before October 1, 2000-- ``(A) in the case of-- ``(i) the National Railroad Passenger Corporation, for capital improvements in intercity passenger rail service, or ``(ii) an eligible State, for capital improvements in intercity rail service, and ``(B) certified by the Secretary of Transportation as meeting the requirements of subparagraph (A). ``(2) Eligible state.--The term `eligible State' means any State which does not receive intercity passenger rail service from the National Railroad Passenger Corporation. ``(d) Termination.--The Secretary shall determine and retain, not later than October 1, 2000, the amount in the Intercity Passenger Rail Trust Fund necessary to pay any outstanding qualified expenses, and shall transfer any amount not so retained to the Mass Transit Account under section 9503(e).'' (b) Transfers From Highway Trust Fund.--Section 9503(c) of the Internal Revenue Code of 1986 (relating to expenditures from Highway Trust Fund) is amended by adding at the end the following new paragraph: ``(7) Transfers from trust fund for intercity passenger rail.-- ``(A) In general.--The Secretary shall transfer from time to time from the Highway Trust Fund to the Intercity Passenger Rail Trust Fund under section 9512 the intercity passenger rail portion of the amounts appropriated to the Highway Trust Fund under subsection (b) which are attributable to taxes under sections 4041 and 4081 imposed after December 31, 1995, and before October 1, 2000. ``(B) Intercity passenger rail portion.--For purposes of subparagraph (A), the term `intercity passenger rail portion' means the amount-- ``(i) determined at the rate of 0.5 cent for each gallon with respect to which tax was imposed under section 4041 or 4081, and ``(ii) reduced (but not below zero) by the amount by which-- ``(I) the outlays of the Mass Transit Account for the fiscal year with respect to which such tax was imposed, as estimated by the Secretary, exceed ``(II) the available funds in the Mass Transit Account for such fiscal year (as so estimated).'' (c) Conforming Amendments.-- (1) Section 9503(e)(2) of the Internal Revenue Code of 1986 (relating to transfers to mass transit account) is amended by striking ``4081.'' and inserting ``4081 (for the period beginning after December 31, 1995, and ending before October 1, 2000, an amount determined at the rate of 1.5 cents for each such gallon, increased by the amount described in subsection (c)(7)(B)(ii)).''. (2) The table of sections for subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following new item: ``Sec. 9512. Intercity Passenger Rail Trust Fund.'' (d) Effective Date.--The amendments made by this section shall apply with respect to taxes imposed after December 31, 1995. SEC. 3. DENIAL OF DEDUCTION FOR INTEREST ON LOANS WITH RESPECT TO COMPANY-OWNED INSURANCE. (a) In General.--Paragraph (4) of section 264(a) of the Internal Revenue Code of 1986 (relating to certain amounts paid in connection with insurance contracts) is amended-- (1) by inserting ``, or any endowment or annuity contracts owned by the taxpayer covering any individual,'' after ``the life of any individual'', and (2) by striking all that follows ``carried on by the taxpayer'' and inserting a period. (b) Exception for Contracts Relating to Key Persons; Permissible Interest Rates.--Section 264 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Any'' in subsection (a)(4) and inserting ``Except as provided in subsection (d), any'', and (2) by adding at the end the following new subsection: ``(d) Special Rules for Application of Subsection (a)(4).-- ``(1) Exception for key persons.--Subsection (a)(4) shall not apply to any interest paid or accrued on any indebtedness with respect to policies or contracts covering an individual who is a key person to the extent that the aggregate amount of such indebtedness with respect to policies and contracts covering such individual does not exceed $50,000. ``(2) Interest rate cap on key persons and pre-1986 contracts.--No deduction shall be allowed by reason of paragraph (1) or the last sentence of subsection (a) with respect to interest paid or accrued for any month to the extent the amount of such interest exceeds the amount which would have been determined if the rate of interest for such month were the rate of interest described as Moody's Corporate Bond Yield Average-Monthly Average Corporates as published by Moody's Investors Service, Inc., or any successor thereto, for such month. ``(3) Key person.--For purposes of paragraph (1), the term `key person' means an officer or 20-percent owner, except that the number of individuals who may be treated as key persons with respect to any taxpayer shall not exceed the greater of-- ``(A) 5 individuals, or ``(B) the lesser of 5 percent of the total officers and employees of the taxpayer or 25 individuals. ``(4) 20-percent owner.--For purposes of this subsection, the term `20-percent owner' means-- ``(A) if the taxpayer is a corporation, any person who owns directly 20 percent or more of the outstanding stock of the corporation or stock possessing 20 percent or more of the total combined voting power of all stock of the corporation, or ``(B) if the taxpayer is not a corporation, any person who owns 20 percent or more of the capital or profits interest in the employer. ``(5) Aggregation rules.-- ``(A) In general.--For purposes of paragraph (4)(A) and applying the $50,000 limitation in paragraph (1)-- ``(i) all members of a controlled group shall be treated as 1 taxpayer, and ``(ii) such limitation shall be allocated among the members of such group in such manner as the Secretary may prescribe. ``(B) Controlled group.--For purposes of this paragraph, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as members of a controlled group.'' (c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to interest paid or accrued after December 31, 1995. (2) Transition rule for existing indebtedness.-- (A) In general.--In the case of indebtedness incurred before January 1, 1996, the amendments made by this section shall not apply to qualified interest paid or accrued on such indebtedness after October 13, 1995, and before January 1, 2001. (B) Qualified interest.--For purposes of subparagraph (A), the qualified interest with respect to any indebtedness for any month is the amount of interest which would be paid or accrued for such month on such indebtedness if the lesser of the following rates of interest were used for such month: (i) The rate of interest specified under the terms of the indebtedness as in effect on October 13, 1995 (and without regard to modification of such terms after such date). (ii) The applicable percentage rate of interest described as Moody's Corporate Bond Yield Average-Monthly Average Corporates as published by Moody's Investors Service, Inc., or any successor thereto, for such month. (C) Applicable percentage.--For purposes of subparagraph (B), the applicable percentage is as follows: For calendar year: The percentage is: 1995 or 1996......................... 100 percent 1997................................. 95 percent 1998................................. 90 percent 1999................................. 85 percent 2000................................. 80 percent. (3) Special rule for grandfathered contracts.--This section shall not apply to any contract purchased on or before June 20, 1986, except that-- (A) paragraph (2) shall apply to interest on indebtedness incurred in connection with such contract which is paid or accrued after October 13, 1995, and before January 1, 1996, and (B) section 264(d)(2) of the Internal Revenue Code of 1986 (as added by subsection (b)) shall apply to such interest paid or accrued after December 31, 1995. (d) Spread of Income Inclusion on Surrender, Etc. of Contracts.-- (1) In general.--If any amount is received under any life insurance policy or endowment or annuity contract described in paragraph (4) of section 264(a) of the Internal Revenue Code of 1986-- (A) on the complete surrender, redemption, or maturity of such policy or contract during calendar year 1996, 1997, 1998, 1999, 2000, or 2001, or (B) in full discharge during any such calendar year of the obligation under the policy or contract which is in the nature of a refund of the consideration paid for the policy or contract, then (in lieu of any other inclusion in gross income) such amount shall be includible in gross income ratably over the 4- taxable year period beginning with the taxable year such amount would (but for this paragraph) be includible. The preceding sentence shall only apply to the extent the amount is includible in gross income for the taxable year in which the event described in subparagraph (A) or (B) occurs. (2) Special rules for applying section 264.--A contract shall not be treated-- (A) as failing to meet the requirement of section 264(c)(1) of the Internal Revenue Code of 1986, or (B) as a single premium contract under section 264(b)(1) of such Code, solely by reason of an occurrence described in subparagraph (A) or (B) of paragraph (1) of this subsection or solely by reason of no additional premiums being received under the contract by reason of a lapse occurring after October 13, 1995. (3) Special rule for deferred acquisition costs.--In the case of the occurrence of any event described in subparagraph (A) or (B) of paragraph (1) of this subsection with respect to any policy or contract-- (A) section 848 of the Internal Revenue Code of 1986 shall not apply to the unamortized balance (if any) of the specified policy acquisition expenses attributable to such policy or contract immediately before the insurance company's taxable year in which such event occurs, and (B) there shall be allowed as a deduction to such company for such taxable year under chapter 1 of such Code an amount equal to such unamortized balance.

Intercity Passenger Rail Trust Fund Act of 1995 - Amends the Internal Revenue Code to establish the Intercity Passenger Rail Trust Fund to finance qualified expenses of: (1) the National Railroad Passenger Corporation; and (2) eligible States. Makes appropriations in specified amounts for FY 1996 through FY 2000 to such Fund. Directs the Secretary of Transportation, by October 1, 2000, to determine and retain the amount in the Intercity Passenger Rail Fund necessary to pay any outstanding qualified expenses, and to transfer any amount not so retained to the Mass Transit Fund. Authorizes the Secretary to transfer from time to time from the Highway Trust Fund to the Intercity Passenger Rail Trust Fund the intercity passenger rail portion of specified funds appropriated to the Highway Trust Fund. Prohibits a deduction for interest paid on loans with respect to any endowment or annuity insurance contracts owned by the taxpayer covering any individual.

Intercity Passenger Rail Trust Fund Act of 1995

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Countering Terrorist Radicalization Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--AMPLIFYING LOCAL EFFORTS TO ROOT OUT TERROR Sec. 101. Countering violent extremism training. Sec. 102. Countering violent extremism assessment. Sec. 103. Department-sponsored clearances. Sec. 104. Definitions. TITLE II--COUNTERMESSAGING TERRORIST ORGANIZATIONS Sec. 201. Directive. TITLE III--COUNTERTERRORISM ADVISORY BOARD Sec. 301. Department of Homeland Security Counterterrorism Advisory Board. TITLE IV--PROHIBITION ON NEW FUNDING Sec. 401. Prohibition on new funding. TITLE I--AMPLIFYING LOCAL EFFORTS TO ROOT OUT TERROR SEC. 101. COUNTERING VIOLENT EXTREMISM TRAINING. (a) Authorization of Training.--The Secretary of Homeland Security is authorized to provide training for personnel, including Department of Homeland Security personnel, State, local, tribal, and territorial representatives at State and major urban area fusion centers for the purpose of administering community awareness briefings and related activities in furtherance of the Department's efforts to counter violent extremism, identify and report suspicious activities, and increase awareness of and more quickly identify terrorism threats, including the travel or attempted travel of individuals from the United States to support a foreign terrorist organization (as such term is described in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)) abroad. (b) Coordination.--To the extent practicable, in providing the training under subsection (a), the Secretary shall coordinate with the heads of other Federal agencies engaged in community outreach related to countering violent extremism and shall also coordinate with such agencies in the administration of related activities, including community awareness briefings. SEC. 102. COUNTERING VIOLENT EXTREMISM ASSESSMENT. (a) Assessment Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with appropriate State, local, tribal, and territorial representatives, shall assess the efforts of the Department of Homeland Security to support countering violent extremism at the State, local, tribal, and territorial levels. Such assessment shall include each of the following: (1) A cataloging of departmental efforts to assist State, local, tribal, and territorial governments in countering violent extremism. (2) A review of cooperative agreements between the Department and such governments relating to countering violent extremism. (3) An evaluation of departmental plans and any potential opportunities to better support such governments that are in furtherance of the Department's countering violent extremism objectives and are consistent with all relevant constitutional, legal, and privacy protections. (b) Submission to Congress.--Not later than 150 days after the date of the enactment of this Act and consistent with the protection of classified information, the Secretary of Homeland Security shall submit to the appropriate congressional committees the findings of the assessment required under subsection (a) together with any related information regarding best practices for countering violent extremism at the State, local, tribal, and territorial levels. SEC. 103. DEPARTMENT-SPONSORED CLEARANCES. Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall notify the appropriate congressional committees of the number of employees of State, local, tribal, and territorial governments with security clearances sponsored by the Department of Homeland Security. Such notification shall include a detailed list of the agencies that employ such employees, the level of clearance held by such employees, and whether such employees are assigned as representatives to State and major urban area fusion centers. SEC. 104. DEFINITIONS. In this title: (1) The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate. (2) The term ``violent extremism'' means ideologically motivated international terrorism or domestic terrorism, as such terms are defined in section 2331 of title 18, United States Code. TITLE II--COUNTERMESSAGING TERRORIST ORGANIZATIONS SEC. 201. DIRECTIVE. (a) In General.--The Secretary of Homeland Security shall incorporate, to the extent practicable, into Department of Homeland Security efforts to combat terrorist recruitment and communications the public testimonials of former violent extremists or their associates, including friends and family. Such efforts may include the following: (1) Countermessaging of foreign terrorist organization communications and narratives. (2) Related community engagement and public education efforts. (b) Coordination.--The Secretary of Homeland Security shall, where appropriate, coordinate the efforts described in subsection (a) with the heads of other Federal departments and agencies, as appropriate, and, to the extent practicable, engage nongovernmental and international partners in the identification and use of testimonials described in such subsection. (c) Rule of Construction.--Nothing in this section may be construed to require the Secretary of Homeland Security to collect testimonials directly from former violent extremists or their associates, including friends and family. TITLE III--COUNTERTERRORISM ADVISORY BOARD SEC. 301. DEPARTMENT OF HOMELAND SECURITY COUNTERTERRORISM ADVISORY BOARD. (a) In General.--At the end of subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) insert the following new section: ``SEC. 210G. DEPARTMENTAL COORDINATION ON COUNTERTERRORISM. ``(a) Establishment.--There is in the Department a board to be composed of senior representatives of departmental operational components and headquarters elements. The purpose of the board shall be to coordinate and integrate departmental intelligence, activities, and policy related to the counterterrorism mission and functions of the Department. ``(b) Charter.--There shall be a charter to govern the structure and mission of the board. Such charter shall direct the board to focus on the current threat environment and the importance of aligning departmental counterterrorism activities under the Secretary's guidance. The charter shall be reviewed and updated every 4 years, as appropriate. ``(c) Members.-- ``(1) Chair.--The Secretary shall appoint a Coordinator for Counterterrorism within the Department who will serve as the chair of the board. ``(2) Additional members.--The Secretary shall appoint additional members of the board from among the following: ``(A) The Transportation Security Administration. ``(B) United States Customs and Border Protection. ``(C) United States Immigration and Customs Enforcement. ``(D) The Federal Emergency Management Agency. ``(E) The Coast Guard. ``(F) United States Citizenship and Immigration Services. ``(G) The United States Secret Service. ``(H) The National Protection and Programs Directorate. ``(I) The Office of Operations Coordination. ``(J) The Office of the General Counsel. ``(K) The Office of Intelligence and Analysis. ``(L) The Office of Policy. ``(M) The Science and Technology Directorate. ``(N) Other Departmental offices and programs as determined appropriate by the Secretary. ``(d) Meetings.--The board shall meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities, including coordination with other Federal, State, local, tribal, territorial, and private sector partners, and shall make recommendations to the Secretary. ``(e) Terrorism Alerts.--The board shall advise the Secretary on the issuance of terrorism alerts pursuant to section 203 of this Act. ``(f) Prohibition on Additional Funds.--No additional funds are authorized to carry out this section.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 210F the following new item: ``Sec. 210G. Departmental coordination on counterterrorism.''. (c) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary, acting through the Coordinator for Counterterrorism, shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the status and activities of the board established under section 210G of the Homeland Security Act of 2002, as added by subsection (a). TITLE IV--PROHIBITION ON NEW FUNDING SEC. 401. PROHIBITION ON NEW FUNDING. No additional funds are authorized to be appropriated to carry out this Act or the amendments made by this Act. Passed the House of Representatives June 16, 2016. Attest: KAREN L. HAAS, Clerk.

. Countering Terrorist Radicalization Act TITLE I--AMPLIFYING LOCAL EFFORTS TO ROOT OUT TERROR (Sec. 101) This bill authorizes the Department of Homeland Security (DHS) to provide training at state and major urban area fusion centers for the purpose of administering community awareness briefings and related activities in furtherance of its efforts to counter violent extremism, identify and report suspicious activities, and increase awareness of and more quickly identify terrorism threats, including the travel or attempted travel of individuals from the United States to support a foreign terrorist organization abroad. (A "fusion center" serves as a focal point within the state and local environment for the receipt, analysis, gathering, and sharing of threat-related information between the federal government and state, local, tribal, territorial and private sector partners.) (Sec. 102) The bill directs DHS to assess its efforts to support countering violent extremism at the state, local, tribal, and territorial levels. Such assessment shall: catalog such efforts; review cooperative agreements between DHS and such governments relating to countering violent extremism; and evaluate DHS plans and any potential opportunities to better support such governments that are in furtherance of DHS's countering violent extremism objectives and consistent with all relevant constitutional, legal, and privacy protections. (Sec. 103) DHS shall notify Congress of the number of employees of state, local, tribal, and territorial governments with security clearances sponsored by DHS, including a detailed list of the agencies that employ such employees, the level of clearance held, and whether such employees are assigned as representatives to fusion centers. TITLE II--COUNTERMESSAGING TERRORIST ORGANIZATIONS (Sec. 201) DHS shall incorporate the public testimonials of former extremists into its efforts to combat terrorist recruitment. Such efforts may include: (1) counter-messaging of foreign terrorist organization communications, and (2) related community engagement and public education efforts. TITLE III--COUNTERTERRORISM ADVISORY BOARD (Sec. 301) This title amends the Homeland Security Act of 2002 to establish in DHS a board to coordinate and integrate DHS's intelligence, activities, and policy related to its counterterrorism mission and functions. The board shall: (1) meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities, and (2) advise the Secretary of DHS on the issuance of terrorism alerts. The Secretary shall appoint a Coordinator for Counterterrorism within DHS to serve as the chair of the board. TITLE IV--PROHIBITION ON NEW FUNDING (Sec. 401) No additional funds are authorized to be appropriated to carry out this bill.

Countering Terrorist Radicalization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosecution Drug Treatment Alternative to Prison Act of 2000''. SEC. 2. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED BY STATE OR LOCAL PROSECUTORS. (a) Prosecution Drug Treatment Alternative to Prison Programs.-- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following new part: ``PART AA--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ``SEC. 2701. PROGRAM AUTHORIZED. ``(a) In General.--The Attorney General may make grants to State or local prosecutors for the purpose of developing, implementing, or expanding drug treatment alternative to prison programs that comply with the requirements of this part. ``(b) Use of Funds.--A State or local prosecutor who receives a grant under this part shall use amounts provided under the grant to develop, implement, or expand the drug treatment alternative to prison program for which the grant was made, which may include payment of the following expenses: ``(1) Salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit. ``(2) Payments to licensed substance abuse treatment providers for providing treatment to offenders participating in the program for which the grant was made, including aftercare supervision, vocational training, education, and job placement. ``(3) Payments to public and nonprofit private entities for providing treatment to offenders participating in the program for which the grant was made. ``(c) Federal Share.--The Federal share of a grant under this part shall not exceed 75 percent of the cost of the program. ``(d) Supplement and Not Supplant.--Grant amounts received under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be available for activities funded under this part. ``SEC. 2702. PROGRAM REQUIREMENTS. ``A drug treatment alternative to prison program with respect to which a grant is made under this part shall comply with the following requirements: ``(1) A State or local prosecutor shall administer the program. ``(2) An eligible offender may participate in the program only with the consent of the State or local prosecutor. ``(3) Each eligible offender who participates in the program shall, as an alternative to incarceration, be sentenced to or placed with a long term, drug free residential substance abuse treatment provider that is licensed under State or local law. ``(4) Each eligible offender who participates in the program shall serve a sentence of imprisonment with respect to the underlying crime if that offender does not successfully complete treatment with the residential substance abuse provider. ``(5) Each residential substance abuse provider treating an offender under the program shall-- ``(A) make periodic reports of the progress of treatment of that offender to the State or local prosecutor carrying out the program and to the appropriate court in which the defendant was convicted; and ``(B) notify that prosecutor and that court if that offender absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program. ``(6) The program shall have an enforcement unit comprised of law enforcement officers under the supervision of the State or local prosecutor carrying out the program, the duties of which shall include verifying an offender's addresses and other contacts, and, if necessary, locating, apprehending, and arresting an offender who has absconded from the facility of a residential substance abuse treatment provider or otherwise violated the terms and conditions of the program, and returning such offender to court for sentence on the underlying crime. ``SEC. 2703. APPLICATIONS. ``(a) In General.--To request a grant under this part, a State or local prosecutor shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. ``(b) Certifications.--Each such application shall contain the certification of the State or local prosecutor that the program for which the grant is requested shall meet each of the requirements of this part. ``SEC. 2704. GEOGRAPHIC DISTRIBUTION. ``The Attorney General shall ensure that, to the extent practicable, the distribution of grant awards is equitable and includes State or local prosecutors-- ``(1) in each State; and ``(2) in rural, suburban, and urban jurisdictions. ``SEC. 2705. REPORTS AND EVALUATIONS. ``For each fiscal year, each recipient of a grant under this part during that fiscal year shall submit to the Attorney General a report regarding the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted. ``SEC. 2706. DEFINITIONS. ``In this part: ``(1) The term `State or local prosecutor' means any district attorney, State attorney general, county attorney, or corporation counsel who has authority to prosecute criminal offenses under State or local law. ``(2) The term `eligible offender' means an individual who-- ``(A) has been convicted of, or pled guilty to, or admitted guilt with respect to a crime for which a sentence of imprisonment is required and has not completed such sentence; ``(B) has never been convicted of, or pled guilty to, or admitted guilt with respect to, and is not presently charged with, a felony crime of violence or a major drug offense or a crime that is considered a violent felony under State or local law; and ``(C) has been found by a professional substance abuse screener to be in need of substance abuse treatment because that offender has a history of substance abuse that is a significant contributing factor to that offender's criminal conduct. ``(3) The term `felony crime of violence' has the meaning given such term in section 924(c)(3) of title 18, United States Code. ``(4) The term `major drug offense' has the meaning given such term in section 36(a) of title 18, United States Code.''. (b) Authorization of Appropriations.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Street Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following new paragraph: ``(24) There are authorized to be appropriated to carry out part AA-- ``(A) $75,000,000 for fiscal year 2000; ``(B) $85,000,000 for fiscal year 2001; ``(C) $95,000,000 for fiscal year 2002; ``(D) $105,000,000 for fiscal year 2003; and ``(E) $125,000,000 for fiscal year 2004.''. Passed the House of Representatives October 17, 2000. Attest: JEFF TRANDAHL, Clerk.

Sets forth provisions regarding permissible uses of grant funds, the Federal cost share (75 percent), program and application requirements, geographic distribution of grant awards, reports, and evaluations. Authorizes appropriations. Title II: Federal Drug Treatment Alternative Sentencing - Federal Drug Treatment Alternative Sentencing Act of 2000 - Directs the court, upon the conviction of an individual for a misdemeanor under Controlled Substances Act provisions regarding simple possession of a controlled substance, if the individual meets specified criteria, to consider sentencing that individual to a term of probation that includes a condition, or a term of imprisonment that includes a recommendation, of participation in substance abuse treatment, including a drug dependency program. (Sec. 203) Directs the court: (1) if it imposes a sentence of probation, to subject such sentence to specified requirements under the Federal criminal code; and (2) in considering discretionary conditions of probation, to consider and use, where appropriate to assure participation in substance abuse treatment, any of several listed options, including day fines, house arrest, electronic monitoring, intensive probation supervision, day reporting centers, intermittent confinement, and treatment in therapeutic community. Directs that each offender who participates in a substance abuse program under this section serve a sentence of imprisonment with respect to the underlying offense if that offender does not successfully complete such a program. Directs the court to order that substance abuse treatment be provided in the locality in which the individual resides. (Sec. 204) Requires the Bureau of Prisons to maintain a drug dependency program for offenders sentenced to incarceration, which shall consist of residential substance abuse treatment and aftercare services. Sets forth reporting requirements. (Sec. 206) Directs the United States Sentencing Commission to submit a report to the House and Senate Judiciary Committees regarding mandatory minimum sentences for controlled substance offenses, which shall include an analysis of: (1) whether such sentences may have a disproportionate impact on ethnic or racial groups; (2) the effectiveness of such sentences in reducing drug-related crime by violent offenders; and (3) the frequency and appropriateness of the use of such sentences for nonviolent offenders in contrast with other approaches such as drug treatment programs.

Prosecution Drug Treatment Alternative to Prison Act of 2000

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Social Security and Medicare Lock-Box Act''. (b) Findings Regarding Social Security and Medicare Part A.--The Congress finds the following: (1)(A) Long-term projections show serious problems facing the fiscal health of the trust funds associated with Social Security and Medicare Hospital Insurance. (B) According to the 2016 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, the assets of the combined Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund will be exhausted by 2034, and the Disability Insurance Trust Fund alone will be depleted by 2022. (C) According to the 2016 Annual Report of the Board of Trustees of the Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds, the assets of the Federal Hospital Insurance Trust Fund will be exhausted by 2028. (2)(A) The Trustees of these trust funds strongly encourage action to protect the solvency of the trust funds. (B) In their message to the public, included in the 2016 Annual Reports, the Social Security and Medicare Boards of Trustees wrote, ``Social Security's and Medicare's projected long-range costs exceed currently scheduled financing and will require legislative action to avoid subjecting beneficiaries and taxpayers to unanticipated program changes. The sooner that lawmakers take action, the wider will be the range of solutions to consider and the more time that will be available to phase in changes, giving the public adequate time to prepare. Earlier action allows more generations to share the economic cost of maintaining program solvency, and would provide more opportunity to ameliorate adverse impacts on vulnerable populations, including lower-income workers and people already significantly dependent on program benefits.'' (3) Social Security and Medicare are meant to provide a secure and stable base so that older Americans can live in dignity. (4) Protecting the future surpluses of these trust funds can only occur when meaningful reform has been enacted by Congress. Any path to solvency must include the protection of future surpluses. SEC. 2. INTERIM PROTECTIONS FOR SOCIAL SECURITY TRUST FUND SURPLUS. Section 201(d) of the Social Security Act (42 U.S.C. 402(d)) is amended-- (1) by striking ``It shall be the duty'' and inserting ``(1) Except as provided in paragraph (2), it shall be the duty''; (2) by striking ``(1) on original issue at the issue price, or (2)'' and inserting ``(A) on original issue at the issue price, or (B)''; and (3) by adding at the end the following new paragraph: ``(2)(A) There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after the end of each fiscal year after fiscal year 2018, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. ``(B) For purposes of subparagraph (A), the term `social security surplus' means, for any fiscal year, the excess, if any, of-- ``(i) the sum of-- ``(I) the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year, ``(II) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year, and ``(III) the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund, over ``(ii) the sum of-- ``(I) benefits paid from the Trust Fund during the fiscal year, and ``(II) amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year. ``(C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. ``(D)(i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2018, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States. ``(ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act.'.''. SEC. 3. INTERIM PROTECTIONS FOR MEDICARE PART A TRUST FUND SURPLUS. (a) In General.--Section 1817(c) of the Social Security Act (42 U.S.C. 1395i(c)) is amended-- (1) by striking ``It shall be the duty'' and inserting ``(1) Except as provided in paragraph (2), it shall be the duty''; (2) by striking ``(1) on original issue at the issue price, or (2)'' and inserting ``(A) on original issue at the issue price, or (B)''; and (3) by adding at the end the following new paragraph: ``(2)(A) There is established in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account (in this paragraph referred to as the `Account'). As soon as practicable after the end of each fiscal year after fiscal year 2018, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the Medicare part A surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. ``(B) For purposes of subparagraph (A), the term `Medicare part A surplus' means, for any fiscal year, the excess, if any, of-- ``(i) the sum of-- ``(I) the taxes imposed for such fiscal year by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages; and ``(II) the taxes imposed by section 1401(b) of the Internal Revenue Code of 1986 with respect to self- employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section 1401(b) to such self-employment income; over ``(ii) the sum of-- ``(I) benefits paid from the Trust Fund during the fiscal year; and ``(II) amounts authorized to be made available from the Trust Fund under subsection (f) of this section (or section 201(g)) which are paid from the Trust Fund during such fiscal year. ``(C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. ``(D)(i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2018, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States. ``(ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: `This Act shall be considered to be a provision of Federal law meeting the requirements of section 1817(c)(2)(D)(i) of the Social Security Act.'.''. SEC. 4. SOCIAL SECURITY AND MEDICARE PART A INVESTMENT COMMISSION. (a) Establishment.--There is established in the executive branch of the Government a Social Security and Medicare Part A Investment Commission (in this section referred to as the ``Commission''). (b) Study and Report.--As soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund, other than investment in the form of obligations of the United States. Not later than October 1, 2018, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations. (c) Composition.--The Commission shall be composed of-- (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; (2) 2 members appointed by the Speaker of the House of Representatives; (3) 1 member appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the majority leader of the Senate; and (5) 1 member appointed by the minority leader of the Senate. (d) Membership Requirements.--Members of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of Appointments.--Members of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (f) Administrative Provisions.-- (1) Meetings.--The Commission shall meet-- (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) Exercise of powers.-- (A) In general.--The Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. (B) Vacancies.--A vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission. (g) Compensation.-- (1) In general.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. (2) Expenses.--A member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Commission. (h) Termination.--The Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).

Social Security and Medicare Lock-Box Act This bill establishes: (1) in the Federal Old-Age and Survivors Insurance Trust Fund, a Social Security Surplus Protection Account; and (2) in the Federal Hospital Insurance Trust Fund, a Medicare Surplus Protection Account. The Managing Trustee of each trust fund (in both cases, the Secretary of the Treasury): (1) must transfer the annual surplus of the trust fund to its respective account; and (2) may not invest the balance in the account until a law takes effect that authorizes, for amounts in the trust fund, an investment vehicle other than U.S. obligations. The bill establishes in the executive branch a commission to study the most effective vehicles for investment of the trust funds, other than investments in the form of U.S. obligations.

Social Security and Medicare Lock-Box Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Railroad Security and Public Awareness Act of 2005''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Rail worker security training program. Sec. 3. Public awareness. Sec. 4. Railroad security upgrades. SEC. 2. RAIL WORKER SECURITY TRAINING PROGRAM. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with appropriate law enforcement, security, and terrorism experts, representatives of railroad carriers, and nonprofit employee organizations that represent rail workers, shall develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. (b) Program Elements.--The guidance developed under subsection (a) shall require such a program to include, at a minimum, elements that address the following: (1) Determination of the seriousness of any occurrence. (2) Crew communication and coordination. (3) Appropriate responses to defend oneself. (4) Use of protective devices. (5) Evacuation procedures. (6) Psychology of terrorists to cope with hijacker behavior and passenger responses. (7) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures. (8) All employee training provisions included in the Transportation Security Directive (SD RAILPAX-04-01 and SD RAILRAX-04-02) issued under the authority of section 114 of title 49, United States Code, by the Transportation Security Administration on May 20, 2004. (9) Any other areas that the Secretary deems appropriate. (c) Railroad Carrier Programs.--Not later than 60 days after the Secretary issues guidance under subsection (a) in final form, each railroad carrier shall develop a rail worker security training program in accordance with that guidance and submit it to the Secretary for approval. Not later than 30 days after receiving a railroad carrier's program under this subsection, the Secretary shall review the program and approve it or require the railroad carrier to make any revisions the Secretary considers necessary for the program to meet the guidance requirements. (d) Training.--Not later than 180 days after the Secretary approves the training program developed by a railroad carrier under this section, the railroad carrier shall complete the training of all front- line workers in accordance with that program. (e) Updates.--The Secretary shall update the training guidance issued under subsection (a) from time to time to reflect new or different security threats, and require railroad carriers to revise their programs accordingly and provide additional training to their front-line workers. (f) Security Training Program Grants.--The Secretary of Homeland Security is authorized to make grants to railroads (including intercity, heavy, and light rail), hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of costs incurred to implement the program detailed in subsection (a). (g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security $100,000,000 for fiscal year 2007 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended. (h) Definition.--For purposes of this section, the term ``front- line workers'' means heavy and light rail employees who have daily access to the operations infrastructure and passengers of their rail systems. SEC. 3. PUBLIC AWARENESS. Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad system security. Such plan shall also provide outreach to railroad carriers and their employees to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve railroad security. Not later than 9 months after the date of enactment of this Act, the Secretary of Homeland Security shall implement the plan developed under this section. SEC. 4. RAILROAD SECURITY UPGRADES. (a) Security Improvement Grants.--The Secretary of Homeland Security is authorized to make grants to railroads (including intercity passenger and heavy and light rail), hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges, and research centers, and State and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of costs incurred to prevent or respond to acts of terrorism, sabotage, or other railroad security threats, including providing for-- (1) technologies for reduction of tank car vulnerability; (2) demonstration of bridge and tunnel inspection technologies (3) security and redundancy for critical communications, electric power (including traction power), computer, and train control systems essential for secure railroad operations or to continue railroad operations after an attack impacting railroad operations; (4) the security of hazardous material transportation by railroad; (5) secure passenger railroad stations, trains, and infrastructure; (6) public security awareness campaigns for passenger train operations; (7) the sharing of intelligence and information about railroad security threats; (8) train tracking and interoperable communications systems that are coordinated to the maximum extent possible; (9) additional police and security officers, including canine units; and (10) all provisions included in the Transportation Security Directives (SD RAILPAX-04-01 and SD RAILPAX-04-02) issued under the authority of section 114 of title 49, United States Code, by the Transportation Security Administration on May 20, 2004. (b) Risk Assessments.--Grants shall be awarded under section on the basis of the results of risk assessments-- (1) conducted by the Secretary of Homeland Security; or (2) conducted by rail operators or owners, and reviewed and determined sufficient by the Secretary of Homeland Security. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security $400,000,000 for fiscal year 2007 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended. SEC. 5. TIMELINES FOR RISK ASSESSMENT AND AGENCY COOPERATION. Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, shall-- (1) develop a plan and timeline for completing the Department's framework for analyzing sector risks, including risks to the United States rail system; (2) evaluate whether the risk assessment methodology used by the Office for Domestic Preparedness should be leveraged to facilitate the completion of risk assessments for rail and other transportation modes; and (3) set timelines for completing the memorandum of understanding modal agreements for rail, mass transit, and research and development, which both the Department of Homeland Security and the Department of Transportation have agreed to pursue. SEC. 6. SECURITY STANDARDS AND INSPECTIONS. Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop and issue, in coordination with the Secretary of Transportation and rail operators and owners-- (1) rail security standards outlining actions for securing rail systems that reflect industry best practices; and (2) a plan identifying how Transportation Security Administration rail inspectors will be used to measure, monitor, and enforce the security standards issued under paragraph (1) and, if appropriate, recommendations for how rail asset owners should be required to enforce such standards. SEC. 7. STUDY OF FOREIGN RAIL SECURITY PRACTICES. The Secretary of Homeland Security shall-- (1) study select foreign rail security practices, and the cost and feasibility of implementing selected best practices that are not currently used in the United States, including-- (A) implementing covert testing processes to evaluate the effectiveness of rail system security personnel; (B) implementing practices used by foreign rail operators that integrate security into infrastructure design; (C) implementing random searches or screening of passengers and their baggage; and (D) establishing and maintaining an information clearinghouse on existing and emergency security technologies and security best practices used in the passenger rail industry both in the United States and abroad; and (2) report the results of the study, together with any recommendations that the Secretary may have for implementing covert testing, practices for integrating security in infrastructure design, random searches or screenings, and an information clearinghouse to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives not later than 1 year after the date of enactment of this Act.

Railroad Security and Public Awareness Act of 2005 - Directs the Secretary of Homeland Security to develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. Requires railroad carriers to develop a rail worker security training program that meets the Secretary's approval. Directs the Secretary to develop a national plan for public outreach and awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad security. Authorizes the Secretary to make grants to railroads (including intercity, heavy, and light rail), hazardous materials shippers, owners of hazardous materials rail cars, universities, colleges, and research centers, and state and local governments (for railroad facilities and infrastructure) for full or partial reimbursement of: (1) rail worker security training program costs; and (2) security upgrade costs incurred by a railroad to prevent or respond to acts of terrorism, sabotage, or other railroad security threats. Directs the Secretary to: (1) develop timelines for completing the Department of Homeland Security's (DHS) framework for analyzing risks to the U.S. rail system and other transportation sectors; (2) evaluate whether the risk assessment used by the Office for Domestic Preparedness should be leveraged to facilitate the completion of such risk assessments; (3) set timelines for completing the memorandum of understanding (MOU) modal agreements for rail, mass transit, and research and development (R&D), which DHS and the Department of Transportation (DOT) have agreed to pursue; (4) develop and issue rail security standards, including a plan for how Transportation Security Administration (TSA) rail inspectors will be used to enforce such standards; and (5) study select foreign rail security practices, including the cost of implementing selected best practices not currently used in the United States.

To provide for the security and safety of rail transportation systems in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Semiautomatic Assault Weapon Violence Prevention Act of 1993''. SEC. 2. PROHIBITION OF SEMIAUTOMATIC ASSAULT WEAPONS. (a) Definitions.--Section 921(a) of title 18, United States Code, is amended-- (1) in paragraph (28) by striking ```semiautomatic rifle' means any repeating rifle'' and inserting ```semiautomatic firearm' means a repeating firearm''; and (2) by adding at the end the following new paragraph: ``(29) The term `semiautomatic assault weapon'-- ``(A) means-- ``(i) any of the semiautomatic firearms known as-- ``(I) A.A. Arms AP-9; ``(II) Auto-Ordnance Thompson; ``(III) Barrett Light-Fifty; ``(IV) Beretta AR-70; ``(V) Bushmaster Auto Rifle; ``(VI) Calico M-900 and M-950; ``(VII) Cobray, Ingram and RPB MAC-10 and MAC-11; ``(VIII) Colt AR-15 and Sporter; ``(IX) Encom MP-9 and MP-45; ``(X) Fabrique Nationale FN/FAL, FN/LAR, and FNC; ``(XI) Feather AT-9; ``(XII) Federal XP900 and XP450; ``(XIII) Franchi SPAS-12; ``(XIV) Intratec TEC-9 and TEC-22; ``(XV) Israeli Military Industries UZI and Galil; ``(XVI) Iver Johnson Enforcer 3000; ``(XVII) Norinco, Mitchell and Poly Technologies Avtomat Kalashnikovs; ``(XVIII) Steyr AUG; or ``(XIX) USAS-12; ``(ii) a revolving-cylinder shotgun such as or similar to the Street Sweeper or Striker 12; and ``(iii) a semiautomatic firearm designated by the Secretary as a semiautomatic assault weapon under section 931; and ``(B) does not include (among other firearms)-- ``(i) any of the firearms known as-- ``(I) Remington Model 1100 shotgun; ``(II) Remington Model 7400 rifle; ``(III) Mossberg Model 5500 shotgun; ``(IV) HK Model 300 rifle; ``(V) Marlin Model 9 camp carbine; ``(VI) Browning High-Power rifle; or ``(VII) Remington Nylon 66 auto loading rifle; ``(ii) a firearm that is a manually operated bolt action firearm; ``(iii) a lever action firearm; ``(iv) a slide action firearm; or ``(v) a firearm that has been rendered permanently inoperable.''. (b) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(s)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a semiautomatic assault weapon. ``(2) This subsection does not apply with respect to-- ``(A) a transfer to or by, or possession by or under the authority of the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State; ``(B) a lawful transfer or lawful possession of a semiautomatic assault weapon that was lawfully possessed before the effective date of this subsection or, in the case of a semiautomatic firearm that the Secretary designates as a semiautomatic assault weapon pursuant to section 931, before the date on which the designation is made; or ``(C) the transfer or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.''. (c) Designation of Semiautomatic Assault Weapons.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 931. Designation of semiautomatic assault weapons ``(a) In General.--Not later than 180 days after the date of enactment of this section, and annually thereafter, the Secretary, in consultation with the Attorney General, shall determine whether any other semiautomatic firearm (other than a firearm described in section 921(a)(29)(B)) should be designated as a semiautomatic assault weapon in addition to those previously designated by section 921(a)(29)(A) or by the Secretary under this section. ``(b) Criteria.--(1) The Secretary shall by regulation designate as a semiautomatic assault weapon a rifle, pistol, or shotgun that is a semiautomatic firearm and that is described in paragraph (2), (3), (4), or (5). ``(2) A replica or duplicate in any caliber of a semiautomatic firearm described in section 921(a)(29)(A)(i) is a semiautomatic assault weapon. ``(3) A rifle that is a semiautomatic firearm is a semiautomatic assault weapon if it-- ``(A) is not generally recognized as being particularly suitable for or readily adaptable to sporting purposes; ``(B) has an ability to accept a detachable magazine; and ``(C) has at least 2 of the following characteristics: ``(i) A folding or telescoping stock. ``(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon. ``(iii) A bayonet mount. ``(iv) A flash suppressor or threaded barrel designed to accommodate a flash suppressor. ``(v) A grenade launcher. ``(4) A pistol that is a semiautomatic firearm is a semiautomatic assault weapon if it-- ``(A) is not generally recognized as being particularly suitable for or adaptable to sporting purposes; and ``(B) has an ability to accept a detachable magazine; and ``(C) has at least 2 of the following characteristics: ``(i) An ammunition magazine that attaches to the pistol outside of the pistol grip. ``(ii) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer. ``(iii) A shroud that is attached to or partially or completely encircles the barrel and that permits the shooter to hold the firearm with the second hand without being burned. ``(iv) A manufactured weight of 50 ounces or more when the pistol is unloaded. ``(v) A semiautomatic version of an automatic firearm. ``(5) A shotgun that is a semiautomatic firearm is a semiautomatic assault weapon if it-- ``(A) is not generally recognized as being particularly suitable for or adaptable to sporting purposes; and ``(B) has at least 2 of the following characteristics: ``(i) A folding or telescoping stock. ``(ii) A pistol grip that protrudes conspicuously beneath the action of the weapon. ``(iii) A fixed magazine capacity in excess of 6 rounds. ``(iv) An ability to accept a detachable magazine.''. (2) Technical amendment.--The chapter analysis for chapter 44 of title 18, United States Code, is amended by adding at the end the following new item: ``931. Designation of semiautomatic assault weapons.''. (d) Penalties.--Section 924(a)(1)(B) of title 18, United States Code, is amended by striking ``or 922(q)'' and inserting ``922 (q), (r), or (s)''. (e) Identification Markings for Semiautomatic Assault Weapons.-- Section 923(i) of title 18, United States Code, is amended by adding at the end the following new sentence: ``The serial number of a semiautomatic assault weapon shall clearly show if the weapon was manufactured or imported after the effective date of this sentence.''. SEC. 3. PROHIBITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. (a) Prohibition.--Section 922 of title 18, United States Code, as amended by section 2, is amended by adding at the end the following new subsection: ``(t)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device. ``(2) This subsection does not apply with respect to-- ``(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency of the United States or a State, or a department, agency, or political subdivision of a State; ``(B) a lawful transfer or lawful possession of a large capacity ammunition feeding device that was lawfully possessed before the effective date of this subsection other than a transfer by a licensed dealer; or ``(C) the transfer or possession of a large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Secretary.''. (b) Large Capacity Ammunition Feeding Device Defined.--Section 921(a) of title 18, United States Code, as amended by section 2, is amended by adding at the end the following new paragraph: ``(30) The term `large capacity ammunition feeding device'-- ``(A) means-- ``(i) a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; and ``(ii) any combination of parts from which a device described in clause (i) can be assembled, but ``(B) does not include an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition.''. (c) Large Capacity Ammunition Feeding Devices Defined and Treated as Firearms.--Section 921(a)(3) of title 18, United States Code, is amended in the first sentence-- (1) by striking ``or''; and (2) by striking ``device.'' and inserting ``, or (E) any large capacity ammunition feeding device.''. (d) Penalty.--Section 924(a)(1)(B) of title 18, United States Code, as amended by section 2(d), is amended by striking ``or (s)'' and inserting ``(s), or (t)''. (e) Identification Markings for Large Capacity Ammunition Feeding Devices.--Section 923(i) of title 18, United States Code, is amended by adding at the end the following new sentence: ``A large capacity ammunition feeding device shall be identified by a serial number that clearly shows the device was manufactured or imported after the effective date of this subsection, and such other identification as the Secretary may by regulations prescribe.''.

Semiautomatic Assault Weapon Violence Prevention Act of 1993 - Amends the Federal criminal code to make it unlawful to transfer or possess a semiautomatic assault weapon. Makes this Act inapplicable to the transfer or possession of a weapon: (1) by a Federal or State agency; (2) that was lawfully possessed before this Act's enactment or, in the case of a semiautomatic firearm designated as a semiautomatic assault weapon under this Act, before the designation is made; or (3) by a licensed manufacturer or importer for purposes of authorized testing or experimentation. Directs the Secretary of the Treasury to designate a rifle, pistol, or shotgun that is a semiautomatic firearm and meets specified criteria as a semiautomatic assault weapon. Makes it unlawful to transfer or possess a large capacity ammunition feeding device except in connection with activities parallel to those listed for the possession or transfer of semiautomatic assault weapons. Requires the serial numbers of such weapons or devices to clearly show if they were manufactured or imported after this Act's effective date.

Semiautomatic Assault Weapon Violence Prevention Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cabin Fee Act of 2014''. SEC. 2. CABIN USER FEES. (a) In General.--The Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall establish a fee in accordance with this section for the issuance of a special use permit for the use and occupancy of National Forest System land for recreational residence purposes. (b) Interim Fee.--During the period beginning on January 1, 2014, and ending on the last day of the calendar year during which the current appraisal cycle is completed under subsection (c), the Secretary shall assess an interim annual fee for recreational residences on National Forest System land that is an amount equal to the lesser of-- (1) the fee determined under the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.), subject to the requirement that any increase over the fee assessed during the previous year shall be limited to not more than 25 percent; or (2) $5,600. (c) Completion of Current Appraisal Cycle.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall complete the current appraisal cycle, including receipt of timely second appraisals, for recreational residences on National Forest System land in accordance with the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.) (referred to in this Act as the ``current appraisal cycle''). (d) Lot Value.--Only appraisals conducted and approved by the Secretary in accordance with the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.) during the current appraisal cycle shall be used to establish the base value assigned to the lot, subject to the adjustment in subsection (e). If a second appraisal-- (1) was approved by the Secretary, the value established by the second appraisal shall be the base value assigned to the lot; or (2) was not approved by the Secretary, the value established by the initial appraisal shall be the base value assigned to the lot. (e) Adjustment.--On the date of completion of the current appraisal cycle, and before assessing a fee under subsection (f), the Secretary shall make a 1-time adjustment to the value of each appraised lot on which a recreational residence is located to reflect any change in value occurring after the date of the most recent appraisal for the lot, in accordance with the 4th quarter of 2012 National Association of Homebuilders/Wells Fargo Housing Opportunity Index. (f) Annual Fee.-- (1) Base.--After the date on which appraised lot values have been adjusted in accordance with subsection (e), the annual fee assessed prospectively by the Secretary for recreational residences on National Forest System land shall be in accordance with the following tiered fee structure: ------------------------------------------------------------------------ Approximate Percent of Fee Fee Tier Permits Nationally Amount ------------------------------------------------------------------------ Tier 1............................ 6 percent................ $650 Tier 2............................ 16 percent............... $1,150 Tier 3............................ 26 percent.............. $1,650 Tier 4............................ 22 percent.............. $2,150 Tier 5............................ 10 percent.............. $2,650 Tier 6............................ 5 percent................ $3,150 Tier 7............................ 5 percent............... $3,650 Tier 8............................ 3 percent............... $4,150 Tier 9............................ 3 percent............... $4,650 Tier 10........................... 3 percent............... $5,150 Tier 11........................... 1 percent................ $5,650. ------------------------------------------------------------------------ (2) Inflation adjustment.--The Secretary shall increase or decrease the annual fees set forth in the table under paragraph (1) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. (3) Access and occupancy adjustment.-- (A) In general.--The Secretary shall by regulation establish criteria pursuant to which the annual fee determined in accordance with this section may be suspended or reduced temporarily if access to, or the occupancy of, the recreational residence is significantly restricted. (B) Appeal.--The Secretary shall by regulation grant the cabin owner the right of an administrative appeal of the determination made in accordance with subparagraph (A) whether to suspend or reduce temporarily the annual fee. (g) Periodic Review.-- (1) In general.--Beginning on the date that is 10 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that-- (A) analyzes the annual fees set forth in the table under subsection (f) to ensure that the fees reflect fair value for the use of the land for recreational residence purposes, taking into account all use limitations and restrictions (including any limitations and restrictions imposed by the Secretary); and (B) includes any recommendations of the Secretary with respect to modifying the fee system. (2) Limitation.--The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B). SEC. 3. CABIN TRANSFER FEES. (a) In General.--The Secretary shall establish a fee in the amount of $1,200 for the issuance of a new recreational residence permit due to a change of ownership of the recreational residence. (b) Adjustments.--The Secretary shall annually increase or decrease the transfer fee established under subsection (a) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. SEC. 4. EFFECT. (a) In General.--Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource in the National Forest System. (b) Alaska.--The Secretary shall not establish or impose a fee or condition under this Act for permits in the State of Alaska that is inconsistent with section 1303(d) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3193(d)). SEC. 5. RETENTION OF FEES. (a) In General.--Beginning 10 years after the date of the enactment of this Act, the Secretary may retain, and expend, for the purposes described in subsection (b), any fees collected under this Act without further appropriation. (b) Use.--Amounts made available under subsection (a) shall be used to administer the recreational residence program and other recreation programs carried out on National Forest System land. SEC. 6. REPEAL OF CABIN USER FEE FAIRNESS ACT OF 2000. Effective on the date of the assessment of annual permit fees in accordance with section 2(f) (as certified to Congress by the Secretary), the Cabin User Fee Fairness Act of 2000 (16 U.S.C. 6201 et seq.) is repealed.

Cabin Fee Act of 2014 - (Sec. 2) Establishes a new process for the Secretary of Agriculture (USDA) to set annual fees for the issuance of special use permits for the use and occupancy of National Forest System land for recreational residences commonly referred to as cabins. Replaces the current process under which annual user fees are adjusted annually based on changes in land values, which are subject to reappraisals and appeals, with a new tiered system in which fees based on the current appraisal cycle are capped at a specified amount and adjusted annually for inflation only. Requires the Secretary to: (1) complete the current appraisal cycle, including receipt of timely second appraisals, for such residences within one year after enactment of this Act; and (2) assess an interim annual fee for them according to a specified formula. Specifies the annual fee for each of 11 fee tiers that are adjusted annually for inflation. Requires the Secretary to report after 10 years on these annual fees in order to ensure that they reflect fair value for the use of System land, and on any recommendations to modify the fee system. (Sec. 3) Directs the Secretary to establish a transfer fee of $1,200 for the issuance of a new recreational residence permit due to a change in ownership of the recreational residence. (Sec. 5) Permits the Secretary, beginning 10 years after enactment of this Act, to: (1) retain and expend any fees collected under this Act, without further appropriation; and (2) use them to administer the recreational residence program and other recreation programs carried out on System land. (Sec. 6) Repeals the Cabin User Fee Fairness Act of 2000, effective on the date the annual permit fees are first assessed under this Act.

Cabin Fee Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare and Teenage Pregnancy Reduction Act''. SEC. 2. BLOCK GRANTS TO STATES FOR FAMILIES WITH DEPENDENT CHILDREN. (a) In General.--Part A of title IV of the Social Security Act (42 U.S.C. 601-617) is amended to read as follows: ``Part A--Block Grants to States for Families With Dependent Children ``SEC. 401. ENTITLEMENT. ``For grants to which States meeting the requirements of this part are entitled, there is authorized to be appropriated to the Secretary for each fiscal year an amount equal to 103 percent of the aggregate amount of Federal outlays under part A of this title (as in effect immediately before the effective date of this part) for fiscal year 1992. ``SEC. 402. APPLICATION REQUIREMENTS. ``To be entitled to a grant under this part for a fiscal year, a State must, not later than June 30 of the immediately preceding fiscal year, submit to the Secretary an application which describes the State program to assist families with dependent children, including the goals and objectives of the program. ``SEC. 403. BLOCK GRANT. ``The Secretary shall make a grant to each State that meets the requirement of section 402 in an amount equal to 103 percent of the amount paid to the State under part A of this title (as in effect immediately before the effective date of this part) for fiscal year 1992. ``SEC. 404. USE OF FUNDS. ``(a) In General.--Each State to which a grant is made under section 403 for a fiscal year shall use the grant to carry out the State program to assist families with dependent children. ``(b) Prohibitions.--Each State to which a grant is made under section 403 for a fiscal year shall not use any Federal or State funds provided to carry out the State program to assist families with dependent children, to provide assistance during the fiscal year with respect to a dependent child if-- ``(1) the mother or father of the dependent child has not attained 18 years of age; or ``(2) the paternity or maternity of the dependent child has not been established. ``(c) Special Rule.--During a period not exceeding 1 year from the date a family with a dependent child moves to a State to which a grant is made under section 403 for a fiscal year from another State, the State may-- ``(1) apply the same rules as apply with respect to any other dependent child in the State, in providing assistance with respect to the dependent child under the State program to assist families with dependent children; or ``(2) treat the dependent child in the same manner as such other State would have treated the dependent child if the dependent child had not moved from such other State. ``SEC. 405. DEFINITION OF DEPENDENT CHILD. ``As used in this part, the term `dependent child' means an individual who-- ``(1) is needy, as determined by the State in which the child resides; ``(2) has been deprived of parental support or care due to the death, continued absence from the home (other than absence occasioned solely due to the performance of active duty in the uniformed services of the United States), or physical or mental incapacity of a parent; ``(3) is living with the individual's father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew, or niece, in a place of residence maintained by 1 or more of such relatives as his, her, or their home; and ``(4) is-- ``(A) not more than 18 years of age; or ``(B) at the option of the State-- ``(i) not more than 19 years of age; and ``(ii) a full-time student in a secondary school (or in the equivalent level of vocational or technical training) who may reasonably be expected to complete the program of the secondary school (or the training) before attaining 19 years of age.''. ``SEC. 406. ANNUAL REPORTS. ``Not later than 6 months after the end of each fiscal year for which a State is made a grant under section 403, the State shall submit to the Secretary a report which contains-- ``(1) a statement of the average number of families with dependent children in the State during the fiscal year; ``(2) in absolute and in percentage terms, the extent to which there has been an increase or decrease, during the fiscal year and since the effective date of this part, in-- ``(A) teen pregnancies in the State; ``(B) births of children immediately eligible for assistance through the State program of assistance to families with dependent children; ``(C) families to whom such assistance has been terminated due to the gainful employment of 1 or more members of the family; and ``(D) absent parents who contribute financially to the support of families receiving such assistance; and ``(3) the extent to which the State has met the goals and objectives set forth in the application for the grant. ``SEC. 407. WITHHOLDING OF BLOCK GRANT. ``Notwithstanding any other provision of this part, beginning 4 years after the effective date of this part, the Secretary may suspend or withhold for any period part or all of a grant to a State for a fiscal year under this part if, after reviewing the State reports submitted pursuant to section 406, the Secretary determines that the State program of assistance to families with dependent children during the immediately preceding fiscal year has not adequately met the needs of the families.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1993. (c) References in Other Laws.--Any reference in any law, regulation, document, paper, or other record of the United States to part A of title IV of the Social Security Act, or to a provision of law contained in such part, shall, unless the context otherwise requires, be considered to be a reference to such part, or such provision, as in effect immediately before October 1, 1993. SEC. 3. REDUCTION OF FEDERAL AFDC ADMINISTRATIVE COSTS. (a) Cost-Reduction Requirement.--The Secretary of Health and Human Services shall, using any authorities otherwise available, take such actions as may be necessary to ensure that, for each fiscal year beginning after September 30, 1994, the total administrative costs of the program described in part A of title IV of the Social Security Act shall not exceed 50 percent of the total administrative costs of that program (as then in effect) for fiscal year 1992. (b) Reporting Requirement.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a written report to Congress describing-- (1) the actions which have been or will be taken in order to achieve timely compliance with subsection (a); (2) the procedures and criteria used in determining what actions to take, including the reasons why each such action was chosen; (3) the savings anticipated from each action described under paragraph (1); and (4) the methodologies and assumptions used in connection with any computations under this section.

Welfare and Teenage Pregnancy Reduction Act - Amends title IV of the Social Security Act (SSA) to replace the program of aid to families with dependent children under SSA title IV part A (AFDC) with a program of block grants to States for families with dependent children whose natural parents have attained age 18. Directs the Secretary of Health and Human Services to report to the Congress on actions required under this Act to reduce AFDC administrative costs.

Welfare and Teenage Pregnancy Reduction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2005''. SEC. 2. ESTABLISHMENT OF OFFICE. (a) In General.--There is established within the National Science Foundation an Office of Minority Serving Institution Digital and Wireless Technology to carry out the provisions of this Act. (b) Purpose.--The Office shall-- (1) strengthen the ability of eligible institutions to provide capacity for instruction in digital and wireless network technologies by providing grants to, or executing contracts or cooperative agreements with, those institutions to provide such instruction; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions. SEC. 3. ACTIVITIES SUPPORTED. An eligible institution shall use a grant, contract, or cooperative agreement awarded under this Act-- (1) to acquire equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure; (2) to develop and provide educational services, including faculty development, related to science, mathematics, engineering, or technology; (3) to provide teacher education, library and media specialist training, and preschool and teacher aid certification to individuals who seek to acquire or enhance technology skills in order to use technology in the classroom or instructional process; (4) to implement joint projects and consortia to provide education regarding technology in the classroom with a State or State education agency, local education agency, community-based organization, national non-profit organization, or business, including minority businesses; (5) to provide professional development in science, mathematics, engineering, or technology to administrators and faculty of eligible institutions with institutional responsibility for technology education; (6) to provide capacity-building technical assistance to eligible institutions through remote technical support, technical assistance workshops, distance learning, new technologies, and other technological applications; (7) to foster the use of information communications technology to increase scientific, mathematical, engineering, and technology instruction and research; and (8) to develop proposals to be submitted under this Act and to develop strategic plans for information technology investments. SEC. 4. APPLICATION AND REVIEW PROCEDURE. (a) In General.--To be eligible to receive a grant, contract, or cooperative agreement under this Act, an eligible institution shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. The Director, in consultation with the advisory council established under subsection (b), shall establish a procedure by which to accept and review such applications and publish an announcement of such procedure, including a statement regarding the availability of funds, in the Federal Register. (b) Advisory Council.--The Director shall establish an advisory council to advise the Director on the best approaches for involving eligible institutions in the activities described in section 3, and for reviewing and evaluating proposals submitted to the program. In selecting the members of the advisory council, the Director may consult with representatives of appropriate organizations, including representatives of eligible institutions, to ensure that the membership of the advisory council reflects participation by technology and telecommunications institutions, minority businesses, eligible institution communities, Federal agency personnel, and other individuals who are knowledgeable about eligible institutions and technology issues. Any panel assembled to review a proposal submitted to the program shall include members from minority serving institutions. Program review criteria shall include consideration of-- (1) demonstrated need for assistance under this Act; and (2) diversity among the types of institutions receiving assistance under this Act. (c) Data Collection.--An eligible institution that receives a grant, contract, or cooperative agreement under section 2 shall provide the Office with any relevant institutional statistical or demographic data requested by the Office. (d) Information Dissemination.--The Director shall convene an annual meeting of eligible institutions receiving grants, contracts, or cooperative agreements under section 2 for the purposes of-- (1) fostering collaboration and capacity-building activities among eligible institutions; and (2) disseminating information and ideas generated by such meetings. SEC. 5. MATCHING REQUIREMENT. The Director may not award a grant, contract, or cooperative agreement to an eligible institution under this Act unless such institution agrees that, with respect to the costs to be incurred by the institution in carrying out the program for which the grant, contract, or cooperative agreement was awarded, such institution will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 25 percent of the amount of the grant, contract, or cooperative agreement awarded by the Director, or $500,000, whichever is the lesser amount. The Director shall waive the matching requirement for any institution or consortium with no endowment, or an endowment that has a current dollar value lower than $50,000,000. SEC. 6. LIMITATIONS. (a) In General.--An eligible institution that receives a grant, contract, or cooperative agreement under this Act that exceeds $2,500,000, shall not be eligible to receive another grant, contract, or cooperative agreement under this Act until every other eligible institution that has applied for a grant, contract, or cooperative agreement under this Act has received such a grant, contract, or cooperative. (b) Awards Administered by Eligible Institution.--Each grant, contract, or cooperative agreement awarded under this Act shall be made to, and administered by, an eligible institution, even when it is awarded for the implementation of a consortium or joint project. SEC. 7. ANNUAL REPORT AND EVALUATION. (a) Annual Report Required From Recipients.--Each institution that receives a grant, contract, or cooperative agreement under this Act shall provide an annual report to the Director on its use of the grant, contract, or cooperative agreement. (b) Evaluation by Director.--The Director, in consultation with the Secretary of Education, shall-- (1) review the reports provided under subsection (a) each year; and (2) evaluate the program authorized by section 3 on the basis of those reports every 2 years. (c) Contents of Evaluation.--The Director, in the evaluation, shall describe the activities undertaken by those institutions and shall assess the short-range and long-range impact of activities carried out under the grant, contract, or cooperative agreement on the students, faculty, and staff of the institutions. (d) Report to Congress.--The Director shall submit a report to the Congress based on the evaluation. In the report, the Director shall include such recommendations, including recommendations concerning the continuing need for Federal support of the program, as may be appropriate. SEC. 8. DEFINITIONS. In this Act: (1) Eligible Institution.--The term ``eligible institution'' means an institution that is-- (A) a historically Black college or university that is a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); (B) a Hispanic-serving institution, as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)); (C) a tribally controlled college or university, as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)); (D) an Alaska Native-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); (E) a Native Hawaiian-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); or (F) an institution determined by the Director, in consultation with the Secretary of Education, to have enrolled a substantial number of minority, low-income students during the previous academic year who received assistance under subpart I of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) for that year. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. (3) Minority Business.--The term ``minority business'' includes HUBZone small business concerns (as defined in section 3(p) of the Small Business Act (15 U.S.C. 632(p)). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director of the National Science Foundation $250,000,000 for each of the fiscal years 2006 through 2010 to carry out this Act. Passed the Senate July 1, 2005. Attest: Secretary. 109th CONGRESS 1st Session S. 432 _______________________________________________________________________ AN ACT To establish a digital and wireless network technology program, and for other purposes.

Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2005 - Establishes within the National Science Foundation (NSF) an Office of Minority Serving Institution Digital and Wireless Technology to: (1) award grants, contracts, or cooperative agreements (assistance) to eligible institutions to provide educational instruction in digital and wireless network technologies; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions. Requires the NSF Director to establish an advisory council on the best approaches for involving eligible institutions in supported activities and for reviewing and evaluating submitted proposals. Requires the council to include members from minority serving institutions. Requires: (1) a matching recipient contribution of 25 percent of the federal assistance amount; and (2) annual reports from recipients to the NSF Director on the uses of such assistance. Makes the following institutions eligible for such assistance: (1) a historically Black college or university; (2) a Hispanic-, Alaska Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution determined to have enrolled a substantial number of minority, low-income students who received assistance under the Higher Education Act of 1965. Provides a matching funds requirement. Authorizes appropriations for FY2006-FY2010.

A bill to establish a digital and wireless network technology program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Number Protection Act of 2005''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The inappropriate sale or purchase of Social Security numbers is a significant factor in a growing range of illegal activities, including fraud, identity theft, and, in some cases, stalking and other violent crimes. (2) While financial institutions, health care providers, and other entities have often used Social Security numbers to confirm the identity of an individual, the sale or purchase of these numbers often facilitates the commission of criminal activities, and also can result in serious invasions of individual privacy. (3) The Federal Government requires virtually every individual in the United States to obtain and maintain a Social Security number in order to pay taxes, to qualify for Social Security benefits, or to seek employment. An unintended consequence of these requirements is that Social Security numbers have become tools that can be used to facilitate crime, fraud, and invasions of the privacy of the individuals to whom the numbers are assigned. Because the Federal Government created and maintains this system, and because the Federal Government does not permit persons to exempt themselves from those requirements, it is appropriate for the Government to take steps to stem the abuse of this system. (4) A Social Security number is simply a sequence of numbers. In no meaningful sense can the number itself impart knowledge or ideas. Persons do not sell or transfer such numbers in order to convey any particularized message, nor to express to the purchaser any ideas, knowledge, or thoughts. (5) A Social Security number does not contain, reflect, or convey any publicly significant information or concern any public issue. The sale of such numbers in no way facilitates uninhibited, robust and wide-open public debate; and restrictions on such sale would not affect public debate. (6) No one should seek to profit from the sale of Social Security numbers in circumstances that create a substantial risk of physical, emotional, or financial harm to the individuals to whom those numbers are assigned. (7) Consequently, Congress should enact legislation that will offer individuals assigned such numbers necessary protection from the sale and purchase of Social Security numbers in circumstances that might facilitate unlawful conduct or that might otherwise likely result in unfair and deceptive practices. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Person.--The term ``person'' means any individual, partnership, corporation, trust, estate, cooperative, association, or any other entity. (3) Sale.--The term ``sale'' means obtaining, directly or indirectly, anything of value in exchange for a Social Security number or Social Security account number. Such term does not include the submission of such numbers as part of the process for applying for any type of Government benefit or programs (such as grant or loan applications or welfare or other public assistance programs). Such term also does not include transfers of such numbers as part of a data matching program under the Computer Matching and Privacy Protection Act. (4) Purchase.--The term ``purchase'' means providing directly or indirectly, anything of value in exchange for a Social Security number or Social Security account number. Such term does not include the submission of such numbers as part of the process for applying for any type of Government benefit or programs (such as grant or loan applications or welfare or other public assistance programs). Such term also does not include transfers of such numbers as part of a data matching program under the Computer Matching and Privacy Protection Act. (5) Social security number; social security account number.--The terms ``Social Security number'' and ``Social Security account number'' have the meaning given those terms in section 208 of the Social Security Act (42 U.S.C. 408). (6) State.--The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any territory or possession of the United States. SEC. 4. REGULATION OF THE SALE AND PURCHASE OF SOCIAL SECURITY NUMBERS AND SOCIAL SECURITY ACCOUNT NUMBERS. (a) Prohibition.--It shall be unlawful for any person to sell or purchase a Social Security number or Social Security account number in a manner that violates a regulation promulgated by the Commission under subsection (b) of this section. (b) Regulations.-- (1) Restrictions authorized.--The Commission, after consultation with the Commissioner of Social Security, the Attorney General, and other agencies as the Commission deems appropriate, shall promulgate regulations restricting the sale and purchase of Social Security numbers and Social Security account numbers and any unfair or deceptive acts or practices in connection with the sale and purchase of Social Security numbers and Social Security account numbers. (2) Limitations on restrictions.--In promulgating such regulations, the Commission shall impose restrictions and conditions on the sale and purchase of Social Security numbers and Social Security account numbers that are no broader than necessary-- (A) to provide reasonable assurance that Social Security numbers and Social Security account numbers will not be used to commit or facilitate fraud, deception, or crime; and (B) to prevent an undue risk of bodily, emotional, or financial harm to individuals. For purposes of subparagraph (B), the Commission shall consider the nature, likelihood, and severity of the anticipated harm; the nature, likelihood, and extent of any benefits that could be realized from the sale or purchase of the numbers; and any other relevant factors. (3) Exceptions.--The regulations promulgated pursuant to paragraph (1) shall include exceptions which permit the sale and purchase of Social Security numbers and Social Security account numbers-- (A) to the extent necessary for law enforcement or national security purposes; (B) to the extent necessary for public health purposes; (C) to the extent necessary in emergency situations to protect the health or safety of 1 or more individuals; (D) to the extent necessary for research conducted for the purpose of advancing public knowledge, on the condition that the researcher provides adequate assurances that-- (i) the Social Security numbers or Social Security account numbers will not be used to harass, target, or publicly reveal information concerning any identifiable individuals; (ii) information about identifiable individuals obtained from the research will not be used to make decisions that directly affect the rights, benefits, or privileges of specific individuals; and (iii) the researcher has in place appropriate safeguards to protect the privacy and confidentiality of any information about identifiable individuals; (E) to the extent consistent with an individual's voluntary and affirmative written consent to the sale or purchase of a Social Security number or Social Security account number that has been assigned to that individual; and (F) under other appropriate circumstances as the Commission may determine and as are consistent with the findings in section 2 and the principles in paragraph (2). (c) Rulemaking.-- (1) Deadline for action.--Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate the regulations under subsection (b) of this section, in accordance with section 553 of title 5, United States Code. (2) Effective dates.--Subsection (a) and the regulations promulgated under subsection (b) shall take effect 30 days after the date on which the final regulations issued under this section are published in the Federal Register. (d) Enforcement.--Any violation of a regulation promulgated under subsection (b) of this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (e) Administration and Applicability of Act.-- (1) The commission.--The Commission shall prevent any person from violating this section, and any regulation promulgated thereunder, 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. Any person who violates such regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.) 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. Nothing contained in this Act shall be construed to limit the authority of the Commission under any other provision of law. (2) Actions by states.-- (A) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by an act or practice that violates any regulation of the Commission promulgated under subsection (b), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction, to-- (i) enjoin that act or practice; (ii) enforce compliance with the regulation; (iii) obtain damages, restitution, or other compensation on behalf of residents of the State; or (iv) obtain such other legal and equitable relief as the district court may consider to be appropriate. Before filing an action under this subsection, the attorney general of the State involved shall provide to the Commission and to the Attorney General a written notice of that action and a copy of the complaint for that action. If the State attorney general determines that it is not feasible to provide the notice described in this subparagraph before the filing of the action, the State attorney general shall provide the written notice and the copy of the complaint to the Commission and to the Attorney General as soon after the filing of the complaint as practicable. (B) Commission and attorney general authority.--On receiving notice under subparagraph (A), the Commission and the Attorney General each shall have the right-- (i) to move to stay the action, pending the final disposition of a pending Federal matter as described in subparagraph (C); (ii) to intervene in an action under clause (i); (iii) upon so intervening, to be heard on all matters arising therein; and (iv) to file petitions for appeal. (C) Pending criminal proceedings.--If the Attorney General has instituted a criminal proceeding or the Commission has instituted a civil action for a violation of this Act or any regulations thereunder, no State may, during the pendency of such proceeding or action, bring an action under this section against any defendant named in the criminal proceeding or civil action for any violation of this section that is alleged in that proceeding or action. (D) Rule of construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (E) Venue; service of process.--Any action brought under this section may be brought in any district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. In an action brought under this section, process may be served in any district in which the defendant is an inhabitant or may be found.

Social Security Number Protection Act of 2006 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to make it unlawful for any person to sell or purchase a Social Security number in a manner that violates a regulation promulgated by the Federal Trade Commission (FTC). Directs the FTC to promulgate regulations restricting the sale and purchase of such numbers and any unfair or deceptive acts or practices involved in such a sale or purchase. Requires such regulations to be no broader than necessary to: (1) provide reasonable assurance that Social Security numbers will not be used to commit or facilitate fraud, deception, or crime; and (2) prevent an undue risk of bodily, emotional, or financial harm to individuals. Requires such regulations also to include exceptions which permit the sale and purchase of Social Security numbers to the extent necessary for: (1) law enforcement, national security, and public health purposes; (2) research conducted for the purpose of advancing public knowledge, subject to certain conditions; and (3) legitimate consumer credit verification, if the numbers used are redacted in accordance with uniform redaction standards established by the FTC in such regulations. Requires exceptions also for the sale and purchase of such numbers to the extent: (1) necessary in emergency situations to protect the health or safety of one or more individuals; and (2) consistent with an individual's voluntary and affirmative written consent to the sale or purchase of his or her number. Prescribes enforcement requirements. Authorizes states to bring civil actions on behalf of state residents in a U.S. district court to: (1) enjoin an act or practice; (2) enforce compliance with the regulation; (3) obtain civil penalties in an amount of $11,000 per violation, up to a total of $5 million; or (4) obtain other appropriate legal and equitable relief. Allows the U.S. Attorney General to institute a criminal proceeding for a violation of this Act.

To strengthen the authority of the Federal Government to protect individuals from certain acts and practices in the sale and purchase of Social Security numbers and Social Security account numbers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``NAFTA-Impacted Communities Relief Act''. SEC. 2. DESIGNATION OF AND TAX INCENTIVES FOR NAFTA-IMPACTED COMMUNITIES. (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter Z--NAFTA-Impacted Communities ``Sec. 1400M. Designation of NAFTA-impacted communities. ``Sec. 1400N. NAFTA-impacted community employment credit. ``Sec. 1400O. Increase in expensing under Section 179. ``Sec. 1400P. NAFTA-impacted community business defined. ``SEC. 1400M. DESIGNATION OF NAFTA-IMPACTED COMMUNITIES. ``(a) Designation.-- ``(1) NAFTA-impacted community.--For purposes of this title, the term `NAFTA-impacted community' means any area-- ``(A) which is nominated by one or more local governments and the State or States in which it is located for designation as a community impacted by the North American Free Trade Agreement (hereinafter in this section referred to as a `nominated area'), and ``(B) which the Secretary of Commerce designates as a NAFTA-impacted community, after consultation with-- ``(i) in the case of an area in a rural area, the Secretary of Agriculture; ``(ii) in the case of an area in an urban area, the Secretary of Housing and Urban Development; and ``(iii) in the case of an area on an Indian reservation, the Secretary of the Interior. ``(2) Number of designations.--The Secretary of Commerce may designate not more than 35 nominated areas as NAFTA- impacted communities. ``(3) Areas designated based on degree of loss of jobs resulting from nafta, etc.--Except as otherwise provided in this section, the nominated areas designated as NAFTA-impacted communities under this subsection shall be those nominated areas with the highest average ranking with respect to the criteria described in subsection (c)(3). For purposes of the preceding sentence, an area shall be ranked within each such criterion on the basis of the amount by which the area exceeds such criterion, with the area which exceeds such criterion by the greatest amount given the highest ranking. ``(4) Limitation on designations.-- ``(A) Publication of regulations.--The Secretary of Commerce shall prescribe by regulation no later than 4 months after the date of the enactment of this section, after consultation with the officials described in paragraph (1)(B)-- ``(i) the procedures for nominating an area under paragraph (1)(A), ``(ii) the parameters relating to the size and population characteristics of a NAFTA- impacted community, and ``(iii) the manner in which nominated areas will be evaluated based on the criteria specified in subsection (c). ``(B) Procedural rules.--The Secretary of Commerce shall not make any designation of a nominated area as a NAFTA-impacted community under paragraph (2) unless-- ``(i) a nomination regarding such area is submitted in such a manner and in such form, and contains such information, as the Secretary of Commerce shall by regulation prescribe, and ``(ii) the Secretary of Commerce determines that any information furnished is reasonably accurate. ``(5) Nomination process for indian reservations.--For purposes of this subchapter, in the case of a nominated area on an Indian reservation, the reservation governing body (as determined by the Secretary of the Interior) shall be treated as being both the State and local governments with respect to such area. ``(b) Period for Which Designation Is in Effect.-- ``(1) In general.--Any designation of an area as a NAFTA- impacted community shall remain in effect during the period beginning on the date of the designation and ending on the earliest of-- ``(A) December 31, 2012, ``(B) the termination date designated by the State and local governments in their nomination, or ``(C) the date the Secretary of Commerce revokes such designation. ``(2) Revocation of designation.--The Secretary of Commerce may revoke the designation under this section of an area if the Secretary determines that the loss of jobs and other effects of NAFTA on the area have been substantially alleviated. Such determination shall include, at a minimum, a finding that the unemployment rate in the area is equal to or lower than the national unemployment rate, and a finding that new businesses are being attracted to the area. ``(c) Area and Eligibility Requirements.-- ``(1) In general.--The Secretary of Commerce may designate a nominated area as a NAFTA-impacted community under subsection (a) only if the area meets the requirements of paragraphs (2) and (3) of this subsection. ``(2) Area requirements.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if-- ``(A) the area is within the jurisdiction of one or more local governments, ``(B) the boundary of the area is continuous, ``(C) the area does not include an empowerment zone (as defined in section 1393(b)), and ``(D) the area does not include a renewal community designated under section 1400E. ``(3) Eligibility requirements.-- ``(A) In general.--For purposes of paragraph (1), a nominated area meets the requirements of this paragraph if the State and the local governments in which it is located certify (and the Secretary of Commerce, after such review of Department of Labor data and other appropriate supporting data as he deems appropriate, accepts such certification) that-- ``(i) the unemployment rate in the area, as determined by the most recent available data, was at least 1 percentage point above the national unemployment rate for the period to which such data relate, and ``(ii) in the case of-- ``(I) a rural area, at least 300 workers who live or work in the area have been certified as eligible to apply for NAFTA transitional adjustment assistance under subchapter D of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.), and ``(II) an urban area, at least 500 workers have been so certified. ``(B) Rural area defined.--For purposes of this section, the term `rural area' means an area-- ``(i) which is within a local government jurisdiction or jurisdictions with a population of less than 10,000, ``(ii) which is outside of a metropolitan statistical area (within the meaning of section 143(k)(2)(B)), or ``(iii) which is determined by the Secretary of Commerce, after consultation with the Secretary of Agriculture, to be a rural area. ``(C) Urban area defined.--For purposes of this section, the term `urban area' means any area that is not a rural area. ``(d) Coordination With Treatment of Enterprise Communities.--For purposes of this title, if there are in effect with respect to the same area both-- ``(1) a designation as a NAFTA-impacted community, and ``(2) a designation as an enterprise community, both of such designations shall be given full effect with respect to such area. ``(e) Definitions and Special Rules.--For purposes of this subchapter, rules similar to the rules of paragraphs (5) and (7) of section 1393 shall apply. ``SEC. 1400N. NAFTA-IMPACTED COMMUNITY EMPLOYMENT CREDIT. ``(a) Amount of Credit.--For purposes of section 38, the amount of the NAFTA-impacted community employment credit determined under this section with respect to any employer for any taxable year is 8.5 percent of the qualified NAFTA-impacted community wages paid or incurred during the calendar year which ends with or within such taxable year. ``(b) Qualified NAFTA-Impacted Community Wages.-- ``(1) In general.--For purposes of this section, the term `qualified NAFTA-impacted community wages' means any wages paid or incurred by an employer for services performed by an employee while such employee is a qualified NAFTA-impacted community employee. ``(2) Only first $15,000 of wages per year taken into account.--With respect to each qualified NAFTA-impacted community employee, the amount of qualified NAFTA-impacted community wages which may be taken into account for a calendar year shall not exceed $15,000. ``(3) Coordination with work opportunity credit.-- ``(A) In general.--The term `qualified NAFTA- impacted community wages' shall not include wages taken into account in determining the credit under section 51. ``(B) Coordination with paragraph (2).--The $15,000 amount in paragraph (2) shall be reduced for any calendar year by the amount of wages paid or incurred during such year which are taken into account in determining the credit under section 51. ``(c) Qualified NAFTA-Impacted Community Employee.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `qualified NAFTA-impacted community employee' means, with respect to any period, any employee of an employer if-- ``(A) substantially all of the services performed during such period by such employee for such employer are performed within a NAFTA-impacted community in a trade or business of the employer, and ``(B) the principal place of abode of such employee while performing such services is within such NAFTA- impacted community. ``(2) Other rules.--Rules similar to the rules of paragraphs (2) and (3) of section 1396(d) shall apply. ``(d) Other Definitions and Special Rules.--For purposes of this section, the rules of section 1397 shall apply. ``SEC. 1400O. INCREASE IN EXPENSING UNDER SECTION 179. ``(a) General Rule.--In the case of a NAFTA-impacted community business (as defined in section 1400P), for purposes of section 179-- ``(1) the limitation under section 179(b)(1) shall be increased by the lesser of-- ``(A) $10,000, or ``(B) the cost of section 179 property which is qualified NAFTA-impacted property placed in service during the taxable year, and ``(2) the amount taken into account under section 179(b)(2) with respect to any section 179 property which is qualified NAFTA-impacted property shall be 50 percent of the cost thereof. ``(b) Recapture.--Rules similar to the rules under section 179(d)(10) shall apply with respect to any qualified NAFTA-impacted property which ceases to be used in a NAFTA-impacted community by a NAFTA-impacted community business. ``(c) Qualified NAFTA-Impacted Property.--For purposes of this section-- ``(1) In general.--The term `qualified NAFTA-impacted property' means section 179 property (as defined in section 179(d)) if-- ``(A) such property was acquired by the taxpayer after December 31, 2001, and before January 1, 2011, and ``(B) such property would be qualified zone property (as defined in section 1397C) if references to NAFTA-impacted communities were substituted for references to empowerment zones in section 1397C. ``(2) Certain rules to apply.--The rules of subsections (a)(2) and (b) of section 1397C shall apply for purposes of this section. ``SEC. 1400P. NAFTA-IMPACTED COMMUNITY BUSINESS DEFINED. ``For purposes of this part, the term `NAFTA-impacted community business' means any entity or proprietorship which would be a qualified business entity or qualified proprietorship under section 1397C if references to NAFTA-impacted communities were substituted for references to empowerment zones in such section.''. (b) Technical and Conforming Amendments.-- (1) NAFTA-impacted community employment credit part of general business credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(20) the NAFTA-impacted community employment credit determined under section 1400N(a).''. (2) Denial of deduction for portion of wages equal to nafta-impacted community employment credit.-- (A) Subsection (a) of section 280C of such Code (relating to rule for employment credits) is amended by striking ``and 1396(a)'' and inserting ``1396(a), and 1400N(a)''. (B) Subsection (c) of section 196 of such Code (relating to deduction for certain unused business credits) is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) the NAFTA-impacted community employment credit determined under section 1400N(a).''. (3) Carryovers.--Subsection (c) of section 381 of such Code (relating to carryovers in certain corporate acquisitions) is amended by adding at the end the following new paragraph: ``(27) NAFTA-impacted community provisions.--The acquiring corporation shall take into account (to the extent proper to carry out the purposes of this section and subchapter XI, and under such regulations as may be prescribed by the Secretary) the items required to be taken into account for purposes of subchapter XI in respect of the distributor or transferor corporation.''. (c) Clerical Amendments.--The table of subchapters for chapter 1 of such Code is amended by adding at the end the following new item: ``subchapter z. nafta-impacted communities''. SEC. 3. GRANTS FOR JOB TRAINING ASSISTANCE FOR NAFTA-IMPACTED COMMUNITIES. (a) In General.--The Secretary of Labor shall provide grants to States that contain NAFTA-impacted communities, as designated under section 1400M of the Internal Revenue Code of 1986 (as added by section 2(a) of this Act), for the purpose of providing sub-grants to nonprofit organizations and community or junior colleges in order to provide short-term job training courses, courses in entrepreneurism and self- employment, and other related job training assistance that will promote the economic self-sufficiency of individuals located in NAFTA-impacted communities. (b) Maximum Amount of Grant.--The total amount provided under a grant to a State under subsection (a) for a fiscal year may not exceed the product of-- (1) $1,000,000; and (2) the number of NAFTA-impacted communities located in the State. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $35,000,000 for each of the fiscal years 2006 through 2012. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

NAFTA-Impacted Communities Relief Act - Amends the Internal Revenue Code to: (1) provide for the designation of communities as impacted by the North American Free Trade Agreement (NAFTA) based upon job loss and unemployment resulting from NAFTA; (2) allow employers in such NAFTA-impacted communities a business tax credit for up to 8.5 percent of wages paid to employees; (3) increase depreciation expensing levels for business assets located in NAFTA-impacted communities; and (4) direct the Secretary of Labor to provide grants to States containing NAFTA-impacted communities for education and job training assistance.

To amend the Internal Revenue Code of 1986 to provide tax incentives and job training grants for communities affected by the migration of businesses and jobs to Canada or Mexico as a result of the North American Free Trade Agreement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Fire Safety Right to Know Act''. SEC. 2. DISCLOSURE OF FIRE SAFETY STANDARDS AND MEASURES WITH RESPECT TO CAMPUS BUILDINGS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end of subparagraph (N); (B) by striking the period at the end of subparagraph (O) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(P) the fire safety report prepared by the institution pursuant to subsection (h).''; and (2) by adding at the end the following new subsection: ``(h) Disclosure of Fire Safety Standards and Measures.-- ``(1) Fire safety reports required.--Each eligible institution participating in any program under this title shall, beginning in academic year 2002-2003, and each academic year thereafter, prepare, publish, and distribute, through appropriate publications, including the Internet, or mailings, to all current students and employees, and upon request to any applicant for enrollment or employment, an annual fire safety report containing at least the following information with respect to the campus fire safety practices and standards of that institution: ``(A) A statement that identifies each student housing facility of the institution, and whether each such facility is equipped with a fire sprinkler system or another equally protective fire safety system. ``(B) Statistics concerning the occurrence on campus, during the 2 preceding academic years for which data are available, of fires and false fire alarms. ``(C) For each such occurrence, a statement of the human injuries or deaths and the structural damage caused by the occurrence. ``(D) Information regarding fire alarms, smoke alarms, the presence of adequate fire escape planning or protocols, rules on portable electrical appliances, smoking and open flames (such as candles), regular mandatory supervised fire drills, and planned and future improvement in fire safety. ``(E) Information about fire safety education and training provided to students, faculty, and staff, including the percentage of students, faculty, and staff who have participated in such education and training. ``(F) Information concerning fire safety at student fraternities and sororities that are recognized by the institution, including-- ``(i) information reported to the institution under paragraph (5); and ``(ii) a statement concerning whether and how the institution works with recognized student fraternities and sororities to make buildings and property owned or controlled by such fraternities or sororities more fire safe. ``(2) Rule of construction.--Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to fire safety. ``(3) Reports.--Each institution participating in any program under this title shall make timely reports to the campus community on fires that are reported to local fire departments and the incidence of false fire alarms on campus. Such reports shall be provided to students and employees in a manner that is timely and that will aid in the prevention of similar occurrences. ``(4) Logs.--Each institution participating in any program under this title shall make, keep, and maintain a log, written in a form that can be easily understood, recording all fires reported to local fire departments, including the nature, date, time, and general location of each fire, and all false fire alarms. All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law, be open to public inspection. ``(5) Fraternities and sororities.--Each institution participating in a program under this title shall request each fraternity and sorority that is recognized by the institution to collect and report to the institution the information described in subparagraphs (A) through (E) of paragraph (1), as applied to the fraternity or sorority, for each building and property owned or controlled by the fraternity or sorority, respectively. ``(6) Reports to secretary.--On an annual basis, each institution participating in any program under this title shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(B). The Secretary shall-- ``(A) review such statistics; ``(B) make copies of the statistics submitted to the Secretary available to the public; and ``(C) in coordination with representatives of institutions of higher education, identify exemplary fire safety policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires. ``(7) Definition of campus.--In this subsection, the term `campus' means-- ``(A) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and ``(B) property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).''. SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION. Not later than 1 year after the date of enactment of this Act, the Secretary of Education shall prepare and submit to Congress a report containing-- (1) an analysis of the current status of fire safety systems in college and university facilities, including sprinkler systems; (2) an analysis of the appropriate fire safety standards to apply to these facilities, which the Secretary shall prepare after consultation with such fire safety experts, representatives of institutions of higher education, and other Federal agencies as the Secretary, in the Secretary's discretion, considers appropriate; (3) an estimate of the cost of bringing all nonconforming dormitories and other campus buildings up to current new building codes or life safety codes; and (4) recommendations from the Secretary concerning the best means of meeting fire safety standards in all college and university facilities, including recommendations for methods to fund such cost.

Campus Fire Safety Right to Know Act - Amends the Higher Education Act of 1965 to require each eligible institution participating in any program under title IV (Student Assistance) to: (1) prepare, publish, and distribute to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report which discloses specified types of information about that institution's campus fire safety standards and practices; (2) make periodic reports to the campus community on fires and false alarms that are reported to local fire departments, to aid in preventing similar occurrences; and (3) submit annually to the Secretary of Education a copy of statistics on campus occurrences of fires and false fire alarms.Directs the Secretary to: (1) review such statistics; (2) make copies available to the public; (3) identify exemplary fire safety policies, procedures, and practices, and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires; and (4) report to Congress analyses of the current status of fire safety systems in college and university facilities, and of the appropriate fire safety standards to apply to these facilities, as well as cost estimates and recommendations.

A bill to provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Medical Treatment Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Advertising or labeling claims.--The term ``advertising or labeling claims'' means any representations made or suggested by statement, word, design, device, sound, or any combination thereof with respect to treatment, including a representation made or suggested by a label. (2) Danger.--The term ``danger'' means any serious negative reaction that-- (A) occurred as a result of a method of treatment; (B) would not otherwise have occurred; and (C) is more serious than reactions frequently experienced with accepted treatments for the same or similar health problems. (3) Device.--The term ``device'' has the same meaning given such term in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). (4) Drug.--The term ``drug'' has the same meaning given such term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)). (5) Food.--The term ``food'' has the same meaning given such term in section 201(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)). (6) Health care practitioner.--The term ``health care practitioner'' means any properly licensed medical doctor, osteopath, chiropractor, or naturopath. (7) Label.--The term ``label'' has the same meaning given such term in section 201(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(k)). (8) Legal representative.--The term ``legal representative'' means a parent or an individual who qualifies as a legal guardian under State law. (9) Treatment.--The term ``treatment'' means the use of any food, drug, device, or procedure. SEC. 3. ACCESS TO MEDICAL TREATMENT. (a) In General.--Notwithstanding any other provision of law, and except as provided in subsection (b), an individual shall be permitted to be treated by a health care practitioner with any method of medical treatment that such individual desires or the legal representative of such individual authorizes if-- (1) such practitioner agrees to treat such individual; and (2) the administration of such treatment falls within the scope of the practice of such practitioner. (b) Treatment Requirements.--A health care practitioner may provide any method of treatment to an individual described in subsection (a) if-- (1) there is no evidence that such treatment itself, when taken as prescribed, is a danger to such individual; (2) in the case of an individual whose treatment is the administration of a food, drug, or device that has not been approved by the Food and Drug Administration-- (A) such individual has been informed that such food, drug, or device has not yet been approved or certified by the Food and Drug Administration for use of the medical condition of such individual; and (B) such food, drug, or device (or information accompanying the administration of such food, drug, or device) contains the following warning: ``WARNING: This food, drug, or device has not been proved safe and effective by the Federal Government and any individual who uses such food, drug, or device, does so at his or her own risk.''; (3) such individual has been informed of the nature of the treatment, including-- (A) the contents of such treatment; (B) any reasonably foreseeable side effects that may result from such treatment; and (C) the results of past applications of such treatment by the health care practitioner and others; (4) except as provided in subsection (c), there have been no claims, including advertising and labeling claims, made with respect to the efficacy of such treatment; and (5) such individual-- (A) has been provided a written statement that such individual has been fully informed with respect to the information described in paragraphs (1) through (4); (B) desires such treatment; and (C) signs such statement. (c) Claim Exceptions.--Subsection (b)(4) shall not apply to an accurate and truthful reporting by a practitioner of the results of the practitioner's administration of a treatment in recognized journals or at seminars, conventions, or similar meetings, if the only financial gain of such practitioner with respect to such treatment is the payment received from an individual or representative of such individual for the administration of such treatment to such individual. SEC. 4. REPORTING OF A DANGEROUS TREATMENT. If a practitioner, after administering such treatment, discovers that the treatment itself (when taken as prescribed) was a danger to the individual receiving the treatment, the practitioner shall immediately report to the Secretary of Health and Human Services the nature of the treatment, the results of such treatment, the complete protocol of such treatment, and the source from which such treatment or any part thereof was obtained. SEC. 5. TRANSPORTATION OF MEDICATION AND EQUIPMENT. Notwithstanding any other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.), a person may introduce or deliver into interstate commerce medication or equipment for use in accordance with this Act. SEC. 6. RESTRICTIONS ON LICENSING BOARDS. A licensing board that issues licenses to health care practitioners may not deny, suspend, or revoke the license of a health care practitioner solely because such practitioner provides treatment to which section 3 applies. SEC. 7. PENALTY. A health care practitioner who violates any provisions under this Act shall not be covered by the protections under this Act and shall be subject to all other applicable laws and regulations.

Access to Medical Treatment Act - Permits any individual to be treated by a health care practitioner with any method of medical treatment that such individual desires or the legal representative of such individual authorizes if: (1) the practitioner agrees to treat the individual; and (2) the administration of such treatment falls within the practitioner's scope of practice. Authorizes health care practitioners to provide any method of treatment to such an individual if: (1) there is no evidence that the treatment is a danger to the individual; (2) in the case of treatment that is the administration of a food, drug, or device that has not been approved by the Food and Drug Administration, the individual has been informed that the treatment has not been approved and the food, drug, or device contains a warning to that effect; (3) the individual has been informed of the nature of the treatment; (4) there have been no claims, including advertising and labeling claims, made with respect to the efficacy of such treatment; and (5) the individual desires such treatment and has been provided and has signed a written statement that such individual has been fully informed with respect to such information. Requires a practitioner, after administering such treatment and discovering it to be a danger to an individual, to submit a report to the Secretary of Health and Human Services. Authorizes the introduction or delivery into interstate commerce of medication or equipment for use in accordance with this Act. Prohibits a licensing board from denying, suspending, or revoking the license of a health care practitioner solely because such practitioner provides treatment described by this Act.

Access to Medical Treatment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carlsbad Irrigation Project Acquired Land Transfer Act''. SEC. 2. CONVEYANCE. (a) Lands and Facilities.-- (1) In general.--Except as provided in paragraph (2), and subject subsection (c), the Secretary of the Interior (in this Act referred to as the ``Secretary'') may convey to the Carlsbad Irrigation District (a quasi-municipal corporation formed under the laws of the State of New Mexico and in this Act referred to as the ``District''), all right, title, and interest of the United States in and to the lands described in subsection (b) (in this Act referred to as the ``acquired lands'') and all interests the United States holds in the irrigation and drainage system of the Carlsbad Project and all related lands including ditch rider houses, maintenance shop and buildings, and Pecos River Flume. (2) Limitations.-- (A) Retained surface rights.--The Secretary shall retain title to the surface estate (but not the mineral estate) of such acquired lands which are located under the footprint of Brantley and Avalon dams or any other project dam or reservoir diversion structure. (B) Storage and flow easements.--The Secretary shall retain storage and flow easements for any tracts located under the maximum spillway elevations of Avalon and Brantley Reservoirs. (b) Acquired Lands Described.--The lands referred to in subsection (a) are those lands (including the surface and mineral estate) in Eddy County, New Mexico, described as the acquired lands in section (7) of the ``Status of Lands and Title Report: Carlsbad Project'' as reported by the Bureau of Reclamation in 1978 . (c) Terms and Conditions of Conveyance.--Any conveyance of the acquired lands under this Act shall be subject to the following terms and conditions: (1) Management and use, generally.--The conveyed lands shall continue to be managed and used by the District for the purposes for which the Carlsbad Project was authorized, consistent with the management of other adjacent project lands. (2) Assumed rights and obligations.--Except as provided in paragraph (3), the District shall assume all rights and obligations of the United States under-- (A) the agreement dated July 28, 1994, between the United States and the Director, New Mexico Department of Game and Fish (Document No. 2-LM-40-00640), relating to management of certain lands near Brantley Reservoir for fish and wildlife purposes; and (B) the agreement dated March 9, 1977, between the United States and the New Mexico Department of Energy, Minerals, and Natural Resources (Contract No. 7-07-57- X0888) for the management and operation of Brantley Lake State Park. (3) Exceptions.--In relation to agreements referred to in paragraph (2)-- (A) the District shall not be obligated for any financial support agreed to by the Secretary, or the Secretary's designee, in either agreement; and (B) the District shall not be entitled to any receipts or revenues generated as a result of either agreement. (d) Completion of Conveyance.-- (1) Sense of the congress.--It is the sense of the Congress that the Secretary should complete the conveyance authorized by this Act, including such action as may be required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), within the 9-month period beginning on the date of enactment of this Act. (2) Report.--If the Secretary does not complete the conveyance within the period referred to in paragraph (1), the Secretary shall submit a report to the Congress within 30 days after that period that includes a detailed explanation of problems that have been encountered in completing of the conveyance, and specific steps that the Secretary has taken or will take to complete the conveyance. SEC. 3. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED LANDS. (a) Identification and Notification of Leaseholders.--Within 120 days after the date of enactment of this Act, the Secretary of the Interior shall-- (1) provide to the District a written identification of all mineral and grazing leases in effect on the acquired lands on the date of enactment of this Act; and (2) notify all leaseholders of the conveyance authorized by this Act. (b) Management of Mineral and Grazing Leases, Licenses, and Permits.--The District shall assume all rights and obligations of the United States for all mineral and grazing leases, licenses, and permits existing on the acquired lands conveyed under section 2, and shall be entitled to any receipts from such leases, licenses, and permits accruing after the date of conveyance. All such receipts shall be used for purposes for which the project was authorized. The District shall continue to adhere to the current Bureau of Reclamation mineral leasing stipulations for the Carlsbad Project. (c) Availability of Amounts Paid Into Reclamation Fund.-- (1) Existing receipts.--Receipts in the reclamation fund on the date of enactment of this Act which exist as construction credits to the Carlsbad Project under the terms of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351-359) shall be made available to the District as credits toward its ongoing operation and maintenance obligation to the United States until such credits are depleted. (2) Receipts after enactment.--Of the receipts from mineral and grazing leases, licenses, and permits on acquired lands to be conveyed under section 2, that are received by the United States after the date of enactment and before the date of conveyance-- (A) not to exceed $200,000 shall be available to the Secretary for the actual costs of implementing this Act; and (B) the remainder shall be deposited into the reclamation fund and shall be made available to the District as credits toward its ongoing operation and maintenance obligation to the United States until such credits are depleted. SEC. 4. WATER CONSERVATION PRACTICES. (a) In General.--Subject to subsection (b), the Secretary, in cooperation with the District, may expend not to exceed $100,000 annually, from amounts appropriated for operation and maintenance within the Bureau of Reclamation, for the purposes of implementing water conservation practices at the Carlsbad Project, including, but not limited to, phreatophyte control. (b) Matching Funds.--As a condition of any expenditure under subsection (a), the Secretary shall require that the District provide matching funds in direct proportion to the amount of project lands held by the District in relation to withdrawn or other project lands held by the United States. (c) Voluntary Water Conservation Practices.--Nothing in this Act shall be construed to limit the ability of the District to voluntarily implement water conservation practices. (d) Liability.--Effective on the date of conveyance of any lands authorized by this Act, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property, except for damages caused by acts of negligence committed by the United States or by its employees, agents, or contractors, prior to conveyance. Nothing in this section shall be considered to increase the liability of the United States beyond that provided under chapter 171 of title 28, United States Code, popularly known as the Federal Tort Claims Act.

Carlsbad Irrigation Project Acquired Land Transfer Act - Authorizes the Secretary of the Interior to convey to the Carlsbad Irrigation District specified real property within the Carlsbad Project in New Mexico and all U.S. interests in the irrigation and drainage system of the Project and all related lands, including ditch rider houses, the maintenance shop and buildings, and the Pecos River Flume. Requires the conveyed lands to continue to be managed and used for the purposes for which the project was authorized. Expresses the sense of the Congress that the Secretary should complete such conveyance within nine months after the enactment of this Act. Requires a report from the Secretary to the Congress if the conveyance is not completed in such time. Directs the Secretary to: (1) provide a written identification of all mineral and grazing leases in effect on such lands; and (2) notify all such leaseholders of the conveyance made by this Act. Provides that the District shall assume all U.S. rights and obligations for all mineral and grazing leases, licenses, and permits existing on the conveyed lands and shall be entitled to any associated receipts. Requires receipts paid into the reclamation fund as credits to the Carlsbad Project to be made available to the District for Project purposes. Authorizes the Secretary to expend a specified amount annually from Bureau of Reclamation operation and maintenance funds to implement water conservation practices at the Project. Requires the District to provide matching funds. Indemnifies the United States from damages arising out of any act or omission related to the conveyed property (with an exception for negligence).

Carlsbad Irrigation Project Acquired Land Transfer Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowners' Protection Act of 2008''. SEC. 2. WAIVER OF COUNSELING REQUIREMENT WHEN HOUSES ARE IN FORECLOSURE. Section 109(h) of title 11, United States Code, is amended by adding at the end the following: ``(5) The requirements of paragraph (1) shall not apply in a case under chapter 13 with respect to a debtor who submits to the court a certification that the debtor has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence.''. SEC. 3. AUTHORITY TO MODIFY CERTAIN MORTGAGES. Section 1322(b) of title 11, United States Code, is amended-- (1) by redesignating paragraph (11) as paragraph (12), (2) in paragraph (10) by striking ``and'' at the end, and (3) by inserting after paragraph (10) the following: ``(11) notwithstanding paragraph (2) and otherwise applicable nonbankruptcy law, with respect to a claim for a debt for a loan secured by a security interest in the debtor's principal residence that is the subject of a notice that a foreclosure may be commenced, modify the rights of the holder of such claim-- ``(A) by reducing such claim to equal the value of the interest of the debtor in such residence securing such claim; ``(B) by waiving any otherwise applicable early repayment or prepayment penalties; ``(C) if any applicable rate of interest is adjustable under the terms of such security interest by prohibiting, reducing, or delaying adjustments to such rate of interest applicable on and after the date of filing of the plan; and ``(D) by modifying the terms and conditions of such loan-- ``(i) to extend the repayment period for a period that is the longer of 40 years (reduced by the period for which such loan has been outstanding) or the remaining term of such loan, beginning on the date of the order for relief under this chapter; and ``(ii) to provide for the payment of interest accruing after the date of the order for relief under this chapter at an annual percentage rate calculated at a fixed annual percentage rate, in an amount equal to the then most recently published annual yield on conventional mortgages published by the Board of Governors of the Federal Reserve System, as of the applicable time set forth in the rules of the Board, plus a reasonable premium for risk; and''. SEC. 4. COMBATING EXCESSIVE FEES. Section 1322(c) of title 11, the United States Code, is amended-- (1) in paragraph (1) by striking ``and'' at the end, (2) in paragraph (2) by striking the period at the end and inserting a semicolon, and (3) by adding at the end the following: ``(3) the debtor, the debtor's property, and property of the estate are not liable for a fee, cost, or charge that is incurred while the case is pending and arises from a debt that is secured by the debtor's principal residence except to the extent that-- ``(A) the holder of the claim for such debt files with the court notice of such fee, cost, or charge before the earlier of-- ``(i) 1 year after such fee, cost, or charge is incurred; or ``(ii) 60 days before the closing of the case; and ``(B) such fee, cost, or charge-- ``(i) is lawful under applicable nonbankruptcy law, reasonable, and provided for in the applicable security agreement; and ``(ii) is secured by property the value of which is greater than the amount of such claim, including such fee, cost, or charge; ``(4) the failure of a party to give notice described in paragraph (3) shall be deemed a waiver of any claim for fees, costs, or charges described in paragraph (3) for all purposes, and any attempt to collect such fees, costs, or charges shall constitute a violation of section 524(a)(2) or, if the violation occurs before the date of discharge, of section 362(a); and ``(5) a plan may provide for the waiver of any prepayment penalty on a claim secured by the debtor's principal residence.''. SEC. 5. CONFIRMATION OF PLAN. Section 1325(a) of title 11, the United States Code, is amended-- (1) in paragraph (8) by striking ``and'' at the end, (2) in paragraph (9) by striking the period at the end and inserting a semicolon, and (3) by inserting after paragraph (9) the following: ``(10) notwithstanding subclause (I) of paragraph (5)(B)(i), the plan provides that the holder of a claim whose rights are modified pursuant to section 1322(b)(11) retain the lien until the later of-- ``(A) the payment of such claim as reduced and modified; or ``(B) discharge under section 1328; and ``(11) the plan modifies a claim in accordance with section 1322(b)(11), and the court finds that such modification is in good faith.''. SEC. 6. DISCHARGE. Section 1328 of title 11, the United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``(other than payments to holders of claims whose rights are modified under section 1322(b)(11)'' after ``paid'' the 1st place it appears, and (B) in paragraph (1) by inserting ``or, to the extent of the unpaid portion of the claim as reduced, provided for in section 1322(b)(11)'' after ``1322(b)(5)'', and (2) in subsection (c)(1) by inserting ``or, to the extent of the unpaid portion of the claim as reduced, provided for in section 1322(b)(11)'' after ``1322(b)(5)''. SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act.

Homeowners' Protection Act of 2008 - Amends the federal bankruptcy code to eliminate the pre-petition credit counseling requirement for a debtor under chapter 13 (Adjustment of Debts of an Individual with Regular Income) who is facing foreclosure, if the debtor submits to the court a certification that the debtor has received notice that the holder of a claim secured by the debtor's principal residence may commence foreclosure. Allows modification of the rights of claim holders, in the event of a foreclosure notice for a chapter 13 debtor, among other means by: (1) reducing a claim to equal the value of the debtor's interest in the residence securing such claim, and any adjustments to a related adjustable rate of interest; (2) waiving early repayment or prepayment penalties; and (3) extending the repayment period. Denies debtor liability for certain fees and charges incurred while the bankruptcy case is pending and arising from a debt secured by the debtor's principal residence, unless the claim holder observes specified requirements. Adds to conditions for court confirmation of a plan in bankruptcy that: (1) the holder of a claim secured by the debtor's principal residence retain the lien securing the claim until the later of the payment of such claim as reduced and modified or the discharge of a debtor from all debts; and (2) the plan modifies the claim in good faith. Excludes from final discharge of a debtor from all debts: (1) any payments to claim holders whose rights are modified under this Act; and (2) any unpaid portion of a claim as reduced.

To amend title 11 of the United States Code with respect to modification of certain mortgages on principal residences, and for other purposes.

OF IDENTITY THEFT DISPUTES. The Commission shall require entities that receive disputes regarding the unauthorized use of accounts of such entities from consumers that have reason to believe that they are victims of identity theft to conduct any necessary investigation and decide an outcome of a claim within 90 days from the date on which all necessary information to investigate the claim has been submitted to the entity. SEC. 204. IMPROVEMENTS TO CONSUMER CLEARINGHOUSE. The Commission shall utilize the Identity Theft Clearinghouse to permit consumers that have a reasonable belief that they are victims of identity theft to submit any information relevant to such identity theft to the Clearinghouse (including by means of an Identity Theft Affidavit), so that such information may be transmitted by the Clearinghouse to appropriate entities for necessary protective action and to mitigate losses resulting from such identity theft. SEC. 205. IMPROVED IDENTITY THEFT DATA. (a) In General.--The Commission shall-- (1) establish a process to contact, not less than annually, public and private entities that receive and process complaints from consumers that have a reasonable belief that they are victims of identity theft; and (2) obtain accurate data on the incidences and nature of complaints from such entities. (b) Inclusion in Database.--Such information shall be made part of the Commission's Identity Theft Clearinghouse database. SEC. 206. CHANGE OF ADDRESS PROTECTIONS. The Commission shall require appropriate entities to take reasonable steps to verify the accuracy of a consumer's address, including by confirming a consumer's change of address by sending a confirmation of such change to the old and the new address of the consumer. SEC. 207. EFFECTIVE DATE. This title shall take effect 180 days after the date of enactment of this Act. TITLE III--INTERNATIONAL PROVISIONS SEC. 301. STUDY BY COMPTROLLER GENERAL. The Comptroller General of the United States shall conduct a study and issue a report analyzing the impact on the interstate and foreign commerce of the United States of information privacy laws, regulations, or agreements enacted, promulgated, or adopted by other nations, including regional or international agreements between nations, and whether the enforcement mechanisms or procedures of those laws, regulations, or agreements result in discriminatory treatment of United States entities. The first report under this section shall be issued not later than 120 days after the date of enactment of this Act and subsequent reports shall be issued every 3 years thereafter. SEC. 302. REMEDIATION OF DISCRIMINATORY IMPACT BY SECRETARY OF COMMERCE. If the Comptroller General of the United States finds, in the study and report under section 301, that such information privacy laws, regulations, or agreements substantially impede interstate and foreign commerce of the United States and that the enforcement mechanisms or procedures of the information privacy laws, regulations, or agreements described in such subsection result in discriminatory treatment of United States entities, the Secretary of Commerce shall, to the extent permitted by law take all steps necessary to mitigate against such discriminatory impact within 180 days after the report making such findings is issued. SEC. 303. EFFECT OF NONREMEDIATION. (a) Recommendations.--If by the end of the 180-day period described in section 302, the Secretary of Commerce has not attained complete relief from the discriminatory impact described in such subsection, the Secretary shall report to the Congress and the President recommendations on action to relieve any such remaining discriminatory impact. (b) Federal Agency Action After Consideration by Congress.--During the period after the Secretary reports recommendations under subsection (a) for mitigation of discriminatory impact and before the Congress acts with respect to such recommendations, no officer or employee of any Federal agency may take or continue any action to enjoin, or impose any penalty on, a United States entity, or a citizen or legal resident of the United States, for the purpose of fulfilling an international obligation of the United States under an international privacy agreement (other than such an obligation under a ratified treaty) that resulted in such discriminatory impact. SEC. 304. HARMONIZATION OF INTERNATIONAL PRIVACY LAWS, REGULATIONS, AND AGREEMENTS. Beginning on the date of enactment of this Act, the Secretary of Commerce shall provide notice of the provisions of this Act to other nations, individually, or as members of international organizations or unions that have enacted, promulgated, or adopted information privacy laws, regulations, or agreements, and shall seek recognition of this Act by such nations, organizations, or unions. The Secretary shall seek the harmonization of this Act with such information privacy laws, regulations, or agreements, to the extent such harmonization is necessary for the advancement of transnational commerce, including electronic commerce.

Consumer Privacy Protection Act of 2003 - Requires data collection organizations, under specified conditions, to notify consumers: (1) at the time of collection that their personally identifiable information may be used for an unrelated transaction purpose; and (2) of any material change in the organization's privacy policy statement immediately after each change. Requires such organizations to establish a privacy policy with respect to the collection, sale, disclosure for consideration, or use of the consumer's information. Requires an organization to provide consumers, without charge, the opportunity to preclude the sale or disclosure of their information to any organization that is not an information-sharing partner. Prescribes requirements for opportunities an organization may give consumers to limit other information practices of the organization. Directs an organization to prepare and implement an information security policy that prevents the unauthorized disclosure or release of a consumer's information. Requires the Federal Trade Commission (FTC) to presume that an organization is in compliance with this Act if it participates in an approved five-year self-regulatory program. Prescribes requirements for a self-regulatory consumer dispute resolution process. Directs the FTC to: (1) facilitate electronic and promote the use of common identity theft affidavits; (2) require the timely resolution of identity theft disputes; (3) utilize the Identity Theft Clearinghouse to transmit information to appropriate entities for protective action and to mitigate losses; and (4) provide change of address protection for consumers. Requires: (1) the Comptroller General to analyze the impact on U.S. interstate and foreign commerce of information privacy laws, regulations, or agreements enacted, promulgated, or adopted by other nations, and whether the enforcement mechanisms or procedures of them result in discriminatory treatment of U.S. entities; and (2) the Secretary of Commerce, based on such results, to take steps to mitigate against such discriminatory impact. Directs the Secretary to seek harmonization of this Act with other international privacy laws, regulations, and agreements for the advancement of transnational and electronic commerce.

To protect and enhance consumer privacy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paleontological Resources Preservation Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Casual collecting.--The term ``casual collecting'' means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for non- commercial personal use, either by surface collection or the use of non-powered hand tools resulting in only negligible disturbance to the Earth's surface and other resources. As used in this paragraph, the terms ``reasonable amount'', ``common invertebrate and plant paleontological resources'' and ``negligible disturbance'' shall be determined by the Secretary. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior with respect to lands controlled or administered by the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System Lands controlled or administered by the Secretary of Agriculture. (3) Federal lands.--The term ``Federal lands'' means-- (A) lands controlled or administered by the Secretary of the Interior, except Indian lands; or (B) National Forest System lands controlled or administered by the Secretary of Agriculture. (4) Indian lands.--The term ``Indian Land'' means lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States. (5) State.--The term ``State'' means the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (6) Paleontological resource.--The term ``paleontological resource'' means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth's crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include-- (A) any materials associated with an archaeological resource (as defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or (B) any cultural item (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)). SEC. 3. MANAGEMENT. (a) In General.--The Secretary shall manage and protect paleontological resources on Federal lands using scientific principles and expertise. The Secretary shall develop appropriate plans for inventory, monitoring, and the scientific and educational use of paleontological resources, in accordance with applicable agency laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public. (b) Coordination.--To the extent possible, the Secretary of the Interior and the Secretary of Agriculture shall coordinate in the implementation of this Act. SEC. 4. PUBLIC AWARENESS AND EDUCATION PROGRAM. The Secretary shall establish a program to increase public awareness about the significance of paleontological resources. SEC. 5. COLLECTION OF PALEONTOLOGICAL RESOURCES. (a) Permit Requirement.-- (1) In general.--Except as provided in this Act, a paleontological resource may not be collected from Federal lands without a permit issued under this Act by the Secretary. (2) Casual collecting exception.--The Secretary may allow casual collecting without a permit on Federal lands controlled or administered by the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service, where such collection is consistent with the laws governing the management of those Federal lands and this Act. (3) Previous permit exception.--Nothing in this section shall affect a valid permit issued prior to the date of enactment of this Act. (b) Criteria for Issuance of a Permit.--The Secretary may issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that-- (1) the applicant is qualified to carry out the permitted activity; (2) the permitted activity is undertaken for the purpose of furthering paleontological knowledge or for public education; (3) the permitted activity is consistent with any management plan applicable to the Federal lands concerned; and (4) the proposed methods of collecting will not threaten significant natural or cultural resources. (c) Permit Specifications.--A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this Act. Every permit shall include requirements that-- (1) the paleontological resource that is collected from Federal lands under the permit will remain the property of the United States; (2) the paleontological resource and copies of associated records will be preserved for the public in an approved repository, to be made available for scientific research and public education; and (3) specific locality data will not be released by the permittee or repository without the written permission of the Secretary. (d) Modification, Suspension, and Revocation of Permits.-- (1) The Secretary may modify, suspend, or revoke a permit issued under this section-- (A) for resource, safety, or other management considerations; or (B) when there is a violation of term or condition of a permit issued pursuant to this section. (2) The permit shall be revoked if any person working under the authority of the permit is convicted under section 7 or is assessed a civil penalty under section 8. (e) Area Closures.--In order to protect paleontological or other resources and to provide for public safety, the Secretary may restrict access to or close areas under the Secretary's jurisdiction to the collection of paleontological resources. SEC. 6. CURATION OF RESOURCES. Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited in an approved repository. The Secretary may enter into agreements with non- Federal repositories regarding the curation of these resources, data, and records. SEC. 7. PROHIBITED ACTS; CRIMINAL PENALTIES. (a) In General.--A person may not-- (1) excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources located on Federal lands unless such activity is conducted in accordance with this Act; (2) exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated or removed from Federal lands in violation of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this Act; or (3) sell or purchase or offer to sell or purchase any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal lands. (b) False Labeling Offenses.--A person may not make or submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal lands. (c) Penalties.--A person who knowingly violates or counsels, procures, solicits, or employs another person to violate subsection (a) or (b) shall, upon conviction, be fined in accordance with title 18, United States Code, or imprisoned not more than 10 years, or both; but if the sum of the commercial and paleontological value of the paleontological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18, United States Code, or imprisoned not more than one year, or both. (d) General Exception.--Nothing in subsection (a) shall apply to any person with respect to any paleontological resource which was in the lawful possession of such person prior to the date of the enactment of this Act. SEC. 8. CIVIL PENALTIES. (a) In General.-- (1) Hearing.--A person who violates any prohibition contained in an applicable regulation or permit issued under this Act may be assessed a penalty by the Secretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section. (2) Amount of penalty.--The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this Act, taking into account the following factors: (A) The scientific or fair market value, whichever is greater, of the paleontological resource involved, as determined by the Secretary. (B) The cost of response, restoration, and repair of the resource and the paleontological site involved. (C) Any other factors considered relevant by the Secretary assessing the penalty. (3) Multiple offenses.--In the case of a second or subsequent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled. (4) Limitation.--The amount of any penalty assessed under this subsection for any one violation shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered. (b) Petition for Judicial Review; Collection of Unpaid Assessments.-- (1) Judicial review.--Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for judicial review of the order in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred within the 30-day period beginning on the date the order making the assessment was issued. Upon notice of such filing, the Secretary shall promptly file such a certified copy of the record on which the order was issued. The court shall hear the action on the record made before the Secretary and shall sustain the action if it is supported by substantial evidence on the record considered as a whole. (2) Failure to pay.--If any person fails to pay a penalty under this section within 30 days-- (A) after the order making assessment has become final and the person has not filed a petition for judicial review of the order in accordance with paragraph (1); or (B) after a court in an action brought in paragraph (1) has entered a final judgment upholding the assessment of the penalty, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which the person if found, resides, or transacts business, to collect the penalty (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). The district court shall have jurisdiction to hear and decide any such action. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings. (c) Hearings.--Hearings held during proceedings instituted under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code. (d) Use of Recovered Amounts.--Penalties collected under this section shall be available to the Secretary and without further appropriation may be used only as follows: (1) To protect, restore, or repair the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources, and to protect, monitor, and study the resources and sites. Any acquisition shall be subject to any limitations contained in the organic legislation for such Federal lands. (2) To provide educational materials to the public about paleontological resources and sites. (3) To provide for the payment of rewards as provided in section 9. SEC. 9. REWARDS AND FORFEITURE. (a) Rewards.--The Secretary may pay from penalties collected under section 7 or 8-- (1) consistent with amounts established in regulations by the Secretary; or (2) if no such regulation exists, an amount equal to the lesser of one-half of the penalty or $500, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. If several persons provided the information, the amount shall be divided among the persons. No officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection. (b) Forfeiture.--All paleontological resources with respect to which a violation under section 7 or 8 occurred and which are in the possession of any person, and all vehicles and equipment of any person that were used in connection with the violation, shall be subject to civil forfeiture, or upon conviction, to criminal forfeiture. All provisions of law relating to the seizure, forfeiture, and condemnation of property for a violation of this Act, the disposition of such property or the proceeds from the sale thereof, and remission or mitigation of such forfeiture, as well as the procedural provisions of chapter 46 of title 18, United States Code, shall apply to the seizures and forfeitures incurred or alleged to have incurred under the provisions of this Act. (c) Transfer of Seized Resources.--The Secretary may transfer administration of seized paleontological resources to Federal or non- Federal educational institutions to be used for scientific or educational purposes. SEC. 10. CONFIDENTIALITY. Information concerning the nature and specific location of a paleontological resource the collection of which requires a permit under this Act or under any other provision of Federal law shall be exempt from disclosure under section 552 of title 5, United States Code, and any other law unless the Secretary determines that disclosure would-- (1) further the purposes of this Act; (2) not create risk of harm to or theft or destruction of the resource or the site containing the resource; and (3) be in accordance with other applicable laws. SEC. 11. REGULATIONS. As soon as practical after the date of the enactment of this Act, the Secretary shall issue such regulations as are appropriate to carry out this Act, providing opportunities for public notice and comment. SEC. 12. SAVINGS PROVISIONS. Nothing in this Act shall be construed to-- (1) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land Policy Management Act (43 U.S.C. 1701-1784), Public Law 94-429 (commonly known as the ``Mining in the Parks Act'') (16 U.S.C. 1901 et seq.), the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-1358), and the Organic Administration Act (16 U.S.C. 478, 482, 551); (2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under existing laws and authorities relating to reclamation and multiple uses of Federal lands; (3) apply to, or require a permit for, casual collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this Act; (4) affect any lands other than Federal lands or affect the lawful recovery, collection, or sale of paleontological resources from lands other than Federal lands; (5) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal lands in addition to the protection provided under this Act; or (6) create any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in that capacity. No person who is not an officer or employee of the United States acting in that capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Paleontological Resources Preservation Act - (Sec. 3) Directs the the Secretary of the Interior or the Secretary of Agriculture, as appropriate, to: (1) manage and protect paleontological resources on federal land, using scientific principles and expertise; and (2) develop plans for inventorying, monitoring, and deriving the scientific and educational use of such resources. (Sec. 4) Directs the Secretary to establish a program to increase public awareness about such resources. (Sec. 5) Prohibits a person from collecting a paleontological resource from federal land without a permit issued under this Act. Authorizes the Secretary to allow casual collecting of a reasonable amount of common invertebrate and plant paleontological resources for non-commercial personal uses without a permit on certain federal lands. Recognizes as valid permits issued before enactment of this Act. Sets forth criteria by which the Secretary may issue permits for paleontological resources. Requires that any paleontological resource and associated records collected under a permit be deposited in an approved repository. Allows the Secretary to modify, suspend, or revoke a permit under specified circumstances, including if there is a violation of a term or a condition of a permit. Declares that a permit shall be revoked if any person working under the authority of the permit is convicted of a criminal offense under this Act or assessed a civil penalty under this Act. (Sec. 6) States that the Secretary may enter into agreements with non-federal repositories regarding the curation of paleontological resources, data, and records. (Sec. 7) Prohibits: (1) evacuating, removing, or altering a paleontological resource located on federal lands, except in accordance with this Act; (2) exchanging or receiving a paleontological resource, or selling or purchasing a paleontological resource, if the person knew or should have known such resource was illegally removed from federal lands; or (3) making or submitting false records, accounts, or identification of any paleontological resource excavated or removed from federal lands. Imposes criminal penalties for violating this Act. (Sec. 8) Sets forth requirements for the assessment of civil penalties by the Secretary for violations of any prohibitions contained in regulations or permits issued under this Act. Requires any recovered amounts to be available for use: (1) to protect or restore paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources, and to protect, monitor, and study the resources and sites; (2) to provide educational materials to the public about paleontological resources and sites; and (3) as a reward. (Sec. 9) Allows the Secretary to pay a reward from penalties collected under this Act to any person who furnishes information leading to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. Subjects to civil or, as appropriate, criminal forfeiture all paleontological resources with respect to which a violation occurred and all vehicles and equipment that were used in connection with the violation. Allows the Secretary to transfer administration of seized paleontological resources to educational institutions for scientific or educational purposes. (Sec. 10) Requires that information on the nature and specific location of a paleontological resource that requires a permit under this Act or other federal law be withheld from the public, including under the Freedom of Information Act, except under specified conditions. (Sec. 11) Directs the Secretary to issue such regulations as are appropriate to carry out this Act. (Sec. 13) Authorizes appropriations.

To provide for the protection of paleontological resources on Federal lands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Transparency and Accountability in Oil Prices Act of 2008''. SEC. 2. SENSE OF SENATE ON ADDITIONAL EMERGENCY FUNDING FOR COMMISSION. (a) Findings.--The House of Representatives finds that-- (1) excessive speculation may be adding significantly to the price of oil and other energy commodities; (2) the public and Congress are concerned that private, unregulated transactions and overseas exchange transactions are not being adequately reviewed by any regulatory body; (3) an important Federal overseer of commodity speculation, the Commodity Futures Trading Commission, has staffing levels that have dropped to the lowest levels in the 33-year history of the Commission; and (4) the acting Chairman of the Commission has said publicly that an additional 100 employees are needed in light of the inflow of trading volume. (b) Sense of the House.--It is the sense of the House of Representatives that the President should immediately send to Congress a request for emergency appropriations for fiscal year 2008 for the Commodity Futures Trading Commission in an amount that is sufficient-- (1) to help restore public confidence in energy commodities markets and Federal oversight of those markets; (2) to potentially impose limits on excessive speculation that is increasing the price of oil, gasoline, diesel, and other energy commodities; (3) to significantly improve the information technology capabilities of the Commission to help the Commission effectively regulate the energy futures markets; and (4) to fund at least 100 new full-time positions at the Commission to oversee energy commodity market speculation and to enforce the Commodity Exchange Act (7 U.S.C. 1 et seq.). SEC. 3. ADDITIONAL COMMISSION EMPLOYEES FOR IMPROVED ENFORCEMENT. Section 2(a)(7) of the Commodity Exchange Act (7 U.S.C. 2(a)(7)) is amended by adding at the end the following: ``(D) Additional employees.--As soon as practicable after the date of enactment of this subparagraph, the Commission shall appoint at least 100 full-time employees (in addition to the employees employed by the Commission as of the date of enactment of this subparagraph)-- ``(i) to increase the public transparency of operations in energy futures markets; ``(ii) to improve the enforcement of this Act in those markets; and ``(iii) to carry out such other duties as are prescribed by the Commission.''. SEC. 4. INSPECTOR GENERAL. Section 2(a) of the Commodity Exchange Act (7 U.S.C. 2(a)) is amended by adding at the end the following: ``(13) Inspector general.-- ``(A) Office.--There shall be in the Commission, as an independent office, an Office of the Inspector General. ``(B) Appointment.--The Office shall be headed by an Inspector General, appointed in accordance with the Inspector General Act of 1978 (5 U.S.C. App.). ``(C) Compensation.--The Inspector General shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. ``(D) Administration.--The Inspector General shall exert independent control of the budget allocations, expenditures, and staffing levels, personnel decisions and processes, procurement, and other administrative and management functions of the Office.''. SEC. 5. STUDY OF INTERNATIONAL REGULATION OF ENERGY COMMODITY MARKETS. (a) In General.--The Comptroller General of the United States shall conduct a study of the international regime for regulating the trading of energy commodity futures and derivatives. (b) Analysis.--The study shall include an analysis of, at a minimum-- (1) key common features and differences among countries in the regulation of energy commodity trading, including with respect to market oversight and enforcement; (2) agreements and practices for sharing market and trading data; (3) the use of position limits or thresholds to detect and prevent price manipulation, excessive speculation, or other unfair trading practices; (4) practices regarding the identification of commercial and noncommercial trading and the extent of market speculation; and (5) agreements and practices for facilitating international cooperation on market oversight, compliance, and enforcement. (c) Report.--Not later than 120 days after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report that-- (1) describes the results of the study; and (2) provides recommendations to improve openness, transparency, and other necessary elements of a properly functioning market in a manner that protects consumers in the United States from the effects of excessive speculation and energy price volatility. SEC. 6. SPECULATIVE LIMITS AND TRANSPARENCY FOR OFF-SHORE COMMODITY TRADING. Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended by adding at the end the following: ``(e) Foreign Boards of Trade.-- ``(1) In general.--In the case of any board of trade, exchange, or market located outside of the United States, its territories or possessions (i) for which the Commission has granted or is considering granting an application for relief from the requirement of subsection (a) to become a designated contract market, derivatives transaction execution facility, or other registered entity, and (ii) upon which there is traded any contract, agreement, or transaction in an energy commodity the settlement price of which is established with reference to the price of a contract, agreement, or transaction in an energy commodity traded on a designated contract market, derivatives transaction execution facility or other registered entity for which the primary physical delivery point is located within the United States, prior to continuing to or initially granting the relief, the Commission shall determine that the foreign board of trade-- ``(A) applies comparable principles or requirements regarding the daily publication of trading information and position limits or accountability levels for speculators as apply to a designated contract market, derivatives transaction execution facility, or other registered entity trading energy commodities physically delivered in the United States; and ``(B) provides such information to the Commission regarding the extent of speculative and nonspeculative trading in the energy commodity that is comparable to the information the Commission determines necessary to publish a Commitment of Traders report for a designated contract market, derivatives transaction execution facility, or other registered entity trading energy commodities physically delivered in the United States. ``(2) Existing foreign boards of trade.--During the period beginning 1 year after the date of enactment of this subsection and ending 18 months after the date of enactment of this subsection, the Commission shall determine whether to continue to grant relief in accordance with paragraph (1) to any foreign board of trade for which the Commission granted relief prior to the date of enactment of this subsection.''. SEC. 7. COMMISSION AUTHORITY OVER TRADERS. Section 4 of the Commodity Exchange Act (7 U.S.C. 6) (as amended by section 6) is amended by adding at the end the following: ``(f) Commission Authority Over Traders.-- ``(1) In general.--Notwithstanding any other provision of this section or any determination made by the Commission to grant relief from the requirements of subsection (a) to become a designated contract market, derivatives transaction execution facility, or other registered entity, in the case of a person located within the United States, or otherwise subject to the jurisdiction of the Commission, trading on a foreign board of trade, exchange, or market located outside the United States (including the territories and or possessions of the United States), the Commission shall have authority under this Act-- ``(A) to apply and enforce section 9, including provisions relating to manipulation or attempted manipulation, the making of false statements, and willful violations of this Act; ``(B) to require or direct the person to limit, reduce, or liquidate any position to prevent or reduce the threat of price manipulation, excessive speculation, price distortion, or disruption of delivery or the cash settlement process; and ``(C) to apply such recordkeeping requirements as the Commission determines are necessary. ``(2) Consultation.--Prior to the issuance of any order under paragraph (1) to reduce a position on a foreign board of trade, exchange, or market located outside the United States (including the territories and possessions of the United States), the Commission shall consult with the foreign board of trade, exchange, or market and the appropriate regulatory authority. ``(3) Administration.--Nothing in this subsection limits any of the otherwise applicable authorities of the Commission.''. SEC. 8. INDEX TRADERS AND SWAP DEALERS. Section 4 of the Commodity Exchange Act (7 U.S.C. 6) (as amended by section 7) is amended by adding at the end the following: ``(g) Index Traders and Swap Dealers.--Not later than 60 days after the date of enactment of this subsection, the Commission shall-- ``(1) routinely require detailed reporting from index traders and swap dealers in markets under the jurisdiction of the Commission; ``(2) reclassify the types of traders for regulatory and reporting purposes to distinguish between index traders and swaps dealers; and ``(3) review the trading practices for index traders in markets under the jurisdiction of the Commission-- ``(A) to ensure that index trading is not adversely impacting the price discovery process; and ``(B) to determine whether different practices or regulations should be implemented.''. SEC. 9. DISAGGREGATION OF INDEX FUNDS AND OTHER DATA IN ENERGY MARKETS. Section 4 of the Commodity Exchange Act (7 U.S.C. 6) (as amended by section 8) is amended by adding at the end the following: ``(h) Disaggregation of Index Funds and Data in Energy Markets.-- The Commission shall disaggregate and make public monthly-- ``(1) the number of positions and total value of index funds and other passive, long-only positions in energy markets; and ``(2) data on speculative positions relative to bona fide physical hedgers in those markets.''.

Increasing Transparency and Accountability in Oil Prices Act of 2008 - Expresses the sense of the House of Representatives that the President should immediately send to Congress a request for emergency appropriations for FY2008 for the Commodity Futures Trading Commission (CFTC) in an amount sufficient to: (1) help restore public confidence in energy commodities markets and federal oversight of those markets; (2) potentially impose limits on excessive speculation that is increasing the price of oil, gasoline, diesel, and other energy commodities; (3) significantly improve the information technology capabilities of the CFTC to help it effectively regulate the energy futures markets; and (4) fund at least 100 new full-time positions at the CFTC to oversee energy commodity market speculation and to enforce the Commodity Exchange Act. Amends the Commodity Exchange Act to: (1) provide for additional employees for improved enforcement; and (2) establish an independent Office of the Inspector General in the CFTC. Direct the Comptroller General of the United States to study and report to Congress on the international regime for regulating the trading of energy commodity futures and derivatives. Amends the Commodity Exchange Act to address the kind of case in which the CFTC grants or considers granting relief to a foreign board of trade from the requirement that it become a designated contract market, derivatives transaction execution facility, or other registered entity with respect to an energy commodity for which the primary physical delivery point is located within the United States. Requires the CFTC, before granting or considering such relief, to determine that the foreign board of trade: (1) applies comparable principles or requirements regarding the daily publication of trading information and position limits or accountability levels for speculators as apply to a designated contract market, derivatives transaction execution facility, or other registered entity trading energy commodities physically delivered in the United States; and (2) provides such information to the Commission regarding the extent of speculative and nonspeculative trading in the energy commodity that is comparable to the information the Commission determines necessary to publish a Commitment of Traders report for such a designated contract market, derivatives transaction execution facility, or other registered entity. Authorizes the CFTC, in the case of a registered entity located within the United States, subject to CFTC jurisdiction, which trades on a foreign board of trade, exchange, or market located outside the United States, to: (1) apply and enforce provisions concerned with violations, including provisions related to manipulation or attempted manipulation, the making of false statements, and willful violations of this Act; (2) require or direct the person to limit, reduce, or liquidate any position to prevent or reduce the threat of price manipulation, excessive speculation, price distortion, or disruption of delivery or the cash settlement process; and (3) apply necessary recordkeeping requirements. Directs the CFTC to: (1) routinely require detailed reporting from index traders and swap dealers in markets under CFTC jurisdiction; (2) reclassify the types of traders for regulatory and reporting purposes to distinguish between index traders and swaps dealers; and (3) review the trading practices for index traders in markets under CFTC jurisdiction to ensure that index trading is not adversely impacting the price discovery process, and to determine whether different practices or regulations should be implemented. Requires the CFTC to disaggregate and make public monthly: (1) the number of positions and total value of index funds and other passive, long-only positions in energy markets; and (2) data on speculative positions relative to bona fide physical hedgers in those markets.

To provide energy price relief by authorizing greater resources and authority for the Commodity Futures Trading Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Budgeting Act of 1993''. SEC. 2. STATEMENT OF FINDING AND PURPOSE. (a) Statement of Finding.--The Congress finds that the existing budget obscures the distinctions between capital activities and operating activities, and between general funds, trust funds, and enterprise funds, so as to hinder identification of the resources needed to meet the needs of the Government and the investment needs of the economy that are necessary for sustained economic growth. (b) Purpose.--It is the purpose of this Act that the unified budget present a capital budget and an operating budget, and distinguish between general funds, trust funds, and enterprise funds, in order to provide better and more relevant information on the revenues, expenses, and financing requirements of Government programs and activities. SEC. 3. CAPITAL AND OPERATING BUDGETS. Title 31, United States Code, is amended by inserting after section 1105 the following new section: Sec. 1105a. Capital and operating budgets ``(a)(1) The budget of the United States submitted by the President under section 1105 of this title shall be a unified budget composed of an operating budget and a capital budget. ``(2) Operating and capital budgets shall be presented separately for unified funds, general funds, trust funds, and enterprise funds. ``(b)(1) Actual, estimated, and proposed amounts shall be presented for unified funds, general funds, trust funds, and enterprise funds, and, at a minimum, shall contain-- ``(A) for the operating budget the following: (i) operating revenues, (ii) operating expenses, (iii) operating surplus/ deficit before interfund transfers, (iv) interfund transfers, (v) operating surplus/deficit, and (vi) Federal expenditures financing the operating expenses of State and local governments; ``(B) for the capital budget the following: (i) capital revenues, (ii) capital investments, (iii) capital financing requirements before interfund transfers, (iv) interfund transfers, and (v) capital financing requirements; and ``(C) unified budget financing requirements. ``(2) The capital budget shall represent only the major activities, projects, and programs which support the acquisition, construction, alteration, and rehabilitation of capital assets. All other activities, projects, and programs shall be represented in the operating budget. ``(c) In addition to the unified budget submitted by the President as required by subsections (a) and (b) of this section, the President shall present information in the form required by subsection (b)(1) for accounts, agencies, and functions, to the extent applicable, the capital investments by State and local governments not financed by the Federal Government. ``(d) In this section-- ``(1) `unified budget' means a budget in which revenues and expenses for general funds, trust funds, and enterprise funds are consolidated to display totals for the Federal Government as a whole; ``(2) `trust funds' means-- ``(A) the Federal Old-Age and Survivors Insurance Trust Fund, ``(B) the Federal Hospital Insurance Trust Fund, ``(C) the Civil Service Retirement and Disability Fund, ``(D) the Military Retirement Fund, ``(E) the Federal Supplementary Medical Insurance Trust Fund, ``(F) the Unemployment Trust Fund, ``(G) the Federal Disability Insurance Trust Fund, ``(H) the Highway Trust Fund, ``(I) the Airport and Airway Trust Fund, and ``(J) such other funds or accounts of the Government that the Director of the Office of Management and Budget, in consultation with the Comptroller General, determines should be classified as trust funds in order to fulfill the purpose of this section; ``(3) `enterprise funds' means-- ``(A) the Postal Service, ``(B) the Resolution Trust Corporation, ``(C) the Federal Deposit Insurance Corporation Fund, ``(D) the Federal Housing Administration, ``(E) the Tennessee Valley Authority Fund, ``(F) the Bonneville Power Administration Fund, ``(G) the Rural Electrification and Telephone Revolving Loan Fund, ``(H) the Export-Import Bank of the United States, ``(I) the Southeastern Power Administration, ``(J) the Southwestern Power Administration, ``(K) the Western Area Power Administration, ``(L) the Alaska Power Administration, ``(M) the Overseas Private Investment Corporation, ``(N) the St. Lawrence Seaway Development Corporation, ``(O) the Rural Telephone Bank, ``(P) the Pension Benefit Guaranty Corporation, and ``(Q) such other funds or accounts of the Government that the Director of the Office of Management and Budget, in consultation with the Comptroller General, determines should be classified as enterprise funds in order to fulfill the purpose of this section; ``(4) `general funds' includes all accounts of the Government that are not trust funds or enterprise funds; ``(5) `unified funds' means general funds, trust funds, and enterprise funds and represents the unified budget; ``(6) `capital assets' means physical assets and financial assets, but does not include consumable inventories; ``(7) `physical assets' means tangible assets (other than assets used for national defense or security)-- ``(A) the ownership of which is or will be in the public domain; ``(B) that produce services or benefits for more than 5 years; ``(C) that have an initial cost equal to or more than $500,000; and ``(D) including-- ``(i) roadways and bridges; ``(ii) airports and airway facilities; ``(iii) mass transportation systems; ``(iv) waste water treatment, water distribution delivery, and related facilities; ``(v) water resource projects; ``(vi) medical facilities; ``(vii) resource recovery facilities; ``(viii) public structures; ``(ix) space and communication facilities; and ``(x) strategic petroleum reserves and mineral stockpiles; ``(8) `financial assets' means interests of the Federal Government in, and claims of the Federal Government against, foreign governments, States and their political subdivisions, corporations, associations, and individuals and their resources which are represented by a legal instrument (such as bonds, debentures, notes, and other securities), less any credit subsidy costs attributable to such financial assets; ``(9) `credit subsidy costs' means the losses incurred by the Federal Government as a result of its direct and guaranteed loans, including such costs as interest and default; ``(10) `consumable inventories' means tangible assets of the Federal Government, including stockpiles, supplies, and inventories, which typically are consumed within 5 years or which have an initial price less than $500,000; ``(11) `operating revenues' means all receipts of the Federal Government, other than those identified in paragraph (17), including profits and interest earned on financial assets; ``(12) `operating expenses' means all expenses of the Federal Government, other than those identified in paragraph (18), including interest payments on debts, asset consumption charge, and credit subsidy costs; ``(13) `the operating surplus/deficit before interfund transfers' means the difference between operating revenues and operating expenses before interfund transfers; ``(14) `interfund transfers' means the flow of revenues between general and enterprise funds and trust funds accounts that are expenses from the account making the payments and revenues to the account receiving the payments; ``(15) `operating surplus/deficit' means the operating surplus/deficit before interfund transfers plus or minus interfund transfers; ``(16) `asset consumption charge' means the systematic and rational allocation of the cost--historical, replacement, or current value--of a physical asset (having a useful life of more than 5 years) financed by the appropriation accounts for which the capital budget required by this section applies; ``(17) `capital revenues' means receipts of the Federal Government derived from taxes, collections, and receipts dedicated by statute, for the rehabilitation of capital assets which relate to the activities, functions, and programs represented by the capital budget; ``(18) `capital investments' means expenditures of the Federal Government, including those under grants, contracts, and leases, which are for the acquisition, construction, and rehabilitation of capital assets; and Federal expenditures (including tax expenditures) which are for the acquisition, construction, and rehabilitation of the physical assets of State and local governments; ``(19) `capital financing requirements before interfund transfers' means the difference between capital revenues and capital investments before interfund transfers; ``(20) `capital financing requirements' means financing requirements before interfund transfers plus or minus interfund transfers; and ``(21) `unified budget financing requirements' means the total of the operating surplus/deficit and the capital financing requirements; and SEC. 4. CONFORMING AMENDMENTS Section 1112 of title 31, United States Code, is amended-- (1) in subsection (c)(1) by inserting ``criteria, principles, and standards for determining the contents of the operating and capital budgets required under section 1105a of this title, and'' after ``including''; and (2) by adding the following subsection at the end thereof: ``(g) The Comptroller General shall review and report to the Congress on the implementation of section 1105a of this title as the Comptroller General deems necessary. A review by the Comptroller General may include determining whether-- ``(1) the actual, estimated, and proposed appropriations, receipts, and investments presented in the capital budget represent activities, functions, and programs which support the acquisition, construction, alteration, and rehabilitation of capital assets; and ``(2) the classifications made by the Director of the Office of Management and Budget under section 1105a(d)(2)(H) of this title further the purposes of section 1105a.''. SEC. 5. REPORT BY THE COMMITTEE ON THE BUDGET. Not later than September 30, 1994, the Committee on the Budget shall submit to the House of Representatives proposed legislation which shall establish additional deficit targets under the Balanced Budget and Emergency Deficit Control Act of 1985 beginning in fiscal year 1995 which would require the eventual elimination of deficits in the operating account as set forth in the amendments made by this Act in accordance with the Committee on the Budget's proposed deficit targets. SEC. 6. REPORT BY THE COMMITTEE ON GOVERNMENT OPERATIONS. Not later than September 30, 1994, the Committee on Government Operations of the House of Representatives shall report legislation directing the Comptroller General to evaluate-- (1) on an annual basis, the value and usefulness of capital investments in the capital account as set forth in the amendments made by this Act; and (2) the value and usefulness of proposed capital investments submitted to the House of Representatives after the enactment of this Act. SEC. 7. REPORT BY THE COMMITTEE ON RULES. Not later than September 30, 1994, the Committee on Rules of the House of Representatives shall report legislation establishing rules to facilitate the enforcement of the amendments made by this Act to title 31, United States Code. SEC. 8. PUBLIC WORKS FINANCING INFORMATION. Title VII of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3211-3226) is amended by adding at the end the following new section: ``SEC. 717. PUBLIC WORKS FINANCING INFORMATION. ``(a) Transportation Reports.--Not later than 12 months after the date of enactment of the Capital Budgeting Act of 1993, and annually thereafter, the Secretary of Transportation shall report to the House Committee on Public Works and Transportation and the Senate Committee on Environment and Public Works, at the account, function, and agency levels, the actual, estimated, and proposed appropriations, receipts, and expenditures for capital activities and operating activities associated with the following: ``(1) roadways and bridges; ``(2) airports and airway facilities; and ``(3) mass transportation systems. ``(b) Water Pollution Reports.--Not later than 12 months after the date of enactment of the Capital Budgeting Act of 1993 and annually thereafter, the Administrator of the Environmental Protection Agency shall report to the House Committee on Public Works and Transportation and the Senate Committee on Environment and Public Works, at the account and function levels, the actual, estimated, and proposed appropriations, receipts, and expenditures for capital activities and operating activities associated with waste water treatment, water distribution delivery, and related facilities. ``(c) Water Resources Reports.--Not later than 12 months after the date of enactment of the Capital Budgeting Act of 1993 and annually thereafter, the Assistant Secretary of the Army for Civil Works shall report to the House Committee on Public Works and Transportation and the Senate Committee on Environment and Public Works, at the account and function levels, the actual, estimated, and proposed appropriations, receipts, and expenditures for capital activities and operating activities associated with water resource projects. ``(d) Public Buildings Reports.--Not later than 12 months after the date of enactment of the Capital Budgeting Act of 1993 and annually thereafter, the Administrator of the General Services Administration shall report to the House Committee on Public Works and Transportation and the Senate Committee on Environment and Public Works, at the account and function levels, the actual, estimated, and proposed appropriations, receipts, and expenditures for capital activities and operating activities associated with public buildings.''.

Capital Budgeting Act of 1993 - Amends Federal law to require that the budget the President submits to the Congress be a unified budget comprising an operating budget and a capital budget, each presented separately for unified, general, trust, and enterprise funds. Restricts the capital budget to the major activities and programs supporting the acquisition, construction, alteration, and rehabilitation of capital assets and includes all other items in the operating budget. Requires the President to present certain additional information, including the capital investments by State and local governments not financed by the Federal Government. Requires the House Committee on the Budget to submit legislation to establish additional deficit targets under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) beginning in FY 1995 which would require the eventual elimination of deficits in the operating account. Requires the House Committee on Government Operations to report legislation directing the Comptroller General to evaluate the value and usefulness: (1) of capital investments in the capital account on an annual basis; and (2) of proposed capital investments submitted to the House after enactment of this Act. Requires the House Committee on Rules to report legislation establishing rules to facilitate the enforcement of amendments made by this Act. Amends the Public Works and Economic Development Act of 1965 to require reports to specified congressional committees on the actual, estimated, and proposed appropriations, receipts, and expenditures for capital and operating activities associated with certain transportation, water, and public buildings projects.

Capital Budgeting Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Albuquerque Indian School Land Transfer Act''. SEC. 2. DEFINITIONS. In this Act: (1) 19 pueblos.--The term ``19 Pueblos'' means the New Mexico Indian Pueblos of-- (A) Acoma; (B) Cochiti; (C) Isleta; (D) Jemez; (E) Laguna; (F) Nambe; (G) Ohkay Owingeh (San Juan); (H) Picuris; (I) Pojoaque; (J) San Felipe; (K) San Ildefonso; (L) Sandia; (M) Santa Ana; (N) Santa Clara; (O) Santo Domingo; (P) Taos; (Q) Tesuque; (R) Zia; and (S) Zuni. (2) Map.--The term ``map'' means the map entitled ``The Town of Albuquerque Grant, Bernalillo County, within Township 10 North, Range 3 East, of the New Mexico Principal Meridian, New Mexico--Metes and Bounds Survey'' and dated August 12, 2011. (3) Secretary.--The term ``Secretary'' means Secretary of the Interior. SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 PUEBLOS. (a) Action by Secretary.-- (1) In general.--The Secretary shall take into trust all right, title, and interest of the United States in and to the Federal land described in subsection (b) for the benefit of the 19 Pueblos immediately after the Secretary determines that the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been satisfied regarding the trust acquisition of the Federal land. (2) Administration.--The Secretary shall-- (A) take such action as the Secretary determines to be necessary to document the transfer under paragraph (1); and (B) appropriately assign each applicable private and municipal utility and service right or agreement. (b) Description of Land.--The Federal land referred to in subsection (a)(1) is the 4 tracts of Federal land, the combined acreage of which is approximately 11.11 acres, that were historically part of the Albuquerque Indian School, more particularly described as follows: (1) Abandoned indian school road.--The approximately 0.83 acres located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (2) Southern part tract d.--The approximately 6.18 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (3) Tract 1.--The approximately 0.41 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (4) Western part tract b.--The approximately 3.69 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (c) Survey.--The Secretary shall conduct a survey of the Federal land to be transferred consistent with subsection (b) and may make minor corrections to the survey and legal description of the Federal land described in subsection (b) as the Secretary determines to be necessary to correct clerical, typographical, and surveying errors. (d) Use of Land.--The Federal land taken into trust under subsection (a) shall be used for the educational, health, cultural, business, and economic development of the 19 Pueblos. (e) Limitations and Conditions.--The Federal land taken into trust under subsection (a) shall remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on the date of enactment of this Act. (f) Bureau of Indian Affairs Use.-- (1) In general.--The 19 Pueblos shall allow the Bureau of Indian Affairs to continue to use the land taken into trust under subsection (a) for the facilities and purposes as in existence on the date of enactment of this Act, in accordance with paragraph (2). (2) Requirements.--The use by the Bureau of Indian Affairs under paragraph (1) shall-- (A) be free of any rental charge; and (B) continue until such time as the Secretary determines there is no further need for the existing Bureau of Indian Affairs facilities. SEC. 4. EFFECT OF OTHER LAWS. (a) In General.--Subject to subsection (b), Federal land taken into trust under section 3(a) shall be subject to Federal laws relating to Indian land. (b) Gaming.--No class I gaming, class II gaming, or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)) shall be carried out on the Federal land taken into trust under section 3(a).

. Albuquerque Indian School Land Transfer Act (Sec. 3) Directs the Department of the Interior to take into trust 4 tracts of federal land in New Mexico, the combined acreage of which is approximately 11.11 acres, that were historically part of the Albuquerque Indian School for the benefit of 19 specified pueblos immediately after the requirements of the National Environmental Policy Act of 1969 have been satisfied regarding the trust acquisition of such federal land. Requires the federal lands taken into trust to: be used for the educational, health, cultural, business, and economic development of the 19 pueblos; and remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on this Act's enactment date. Requires the 19 pueblos to allow the Bureau of Indian Affairs to continue to use the federal lands taken into trust for the facilities and purposes in existence on this Act's enactment date. (Sec. 4) Prohibits gaming on the federal lands taken into trust under this Act.

Albuquerque Indian School Land Transfer Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Theodore Roosevelt Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Theodore Roosevelt, one of America's greatest presidents, was born on October 27, 1858, in New York City, New York. (2) At the young age of 23, Theodore Roosevelt was elected to the first of 3 terms as a representative in the New York State Assembly (1882-1884). (3) From 1895-1897, Theodore Roosevelt served as Commissioner of the New York City Police Department. (4) While serving as Assistant Secretary of the Navy under President William McKinley (1897-1898), Theodore Roosevelt organized the First United States Volunteer Cavalry Regiment, popularly known as the ``Rough Riders'', and then served as Colonel of this regiment during the Spanish-American War. (5) From 1898-1900, Theodore Roosevelt served as Governor of New York. (6) In 1900, with the election of President McKinley, Theodore Roosevelt was elected as the 25th Vice-President of the United States. (7) Becoming the 26th President of the United States the following year, Theodore Roosevelt took a very active role in foreign affairs, establishing the United States as a new world power, and instituted broad reforms, at home, particularly with respect to labor, monopolies, and conservation, until the end of his presidency in 1909. (8) On January 16, 2001, Theodore Roosevelt was posthumously awarded the Congressional Medal of Honor for leading a charge up the San Juan Heights in Cuba during the Spanish-American War, shortly before the war ended, thereby becoming the first President of the United States to be awarded the Congressional Medal of Honor. (9) 2006 will mark the 100th anniversary of Theodore Roosevelt receiving the Nobel Peace Prize, the first citizen of the United States to receive such prize, for drawing up the 1905 peace treaty ending the Russo-Japanese War. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Use of the United States Mint at West Point, New York.--It is the sense of the Congress that the coins minted under this Act should be struck at the United States Mint at West Point, New York, to the greatest extent possible. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall-- (A) be emblematic of the life and legacy of President Theodore Roosevelt; and (B) use the designs of James Earle Fraser or Augustus Saint-Gaudens, 2 sculptors most closely associated with the revitalization of the United States coinage, commonly referred to as the ``Golden Age of American Coin Design'', that was initiated by President Theodore Roosevelt. (2) Obverse.--The obverse of the coins minted under this Act shall bear the image of Theodore Roosevelt as a Rough Rider that was used on the James Earle Fraser medal of 1920. (3) Reverse.--The reverse of the coins minted under this Act shall bear the eagle design, with motto, from the $20 gold ``double eagle'' coin produced between 1907 and 1933 and designed by Augustus Saint-Gaudens. (4) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2006''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be selected by the Secretary after consultation with the Commission of Fine Arts. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2006, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2006. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the face value, plus the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $35 per coin for the $5 coins and $10 per coin for the $1 coins. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Theodore Roosevelt Association to be used exclusively for educational programs at Sagamore Hill National Historic Site, operated by the National Park Service, including for the construction and maintenance of a visitor's center. (c) Audits.--The Theodore Roosevelt Association shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code.

Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5 coins and 500,000 $1 coins emblematic of the life and legacy of President Theodore Roosevelt. Requires the coins to be issued in 2006 to mark the 100th anniversary of Roosevelt receiving the Nobel Peace Prize. Requires surcharges from the sale of the coins to be paid to the Theodore Roosevelt Association to be used exclusively for educational programs at Sagamore Hill National Historic Site, including for construction and maintenance of a visitor's center.

To require the Secretary of the Treasury to mint coins in commemoration of the centenary of the bestowal of the Nobel Peace Prize on President Theodore Roosevelt, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nevada Test Site Veterans' Compensation Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The contribution of the State of Nevada to the security of the United States throughout the Cold War and since has been unparalleled. (2) In 1950, President Harry S Truman designated what would later be called the Nevada Test Site as the country's nuclear proving grounds and, a month later, the first atmospheric test at the Nevada Test Site was detonated. (3) The United States conducted 100 above-ground and 828 underground nuclear tests at the Nevada Test Site from 1951 to 1992. (4) Out of the 1,054 nuclear tests conducted in the United States, 928, or 88 percent, were conducted at the Nevada Test Site. (5) The Nevada Test Site has served, and continues to serve, as the premier research, testing, and development site for the nuclear defense capabilities of the United States. (6) The Nevada Test Site and its workers are an essential and irreplaceable part of the Nation's defense capabilities. (7) Individuals working on Cold War-era nuclear weapons programs were employed in facilities owned by the Federal Government and the private sector producing and testing nuclear weapons and engaging in related atomic energy defense activities for the national defense beginning in the 1940s. (8) These Cold War atomic energy veterans helped to build and test the nuclear arsenal that served as a deterrent during the Cold War, sacrificing their personal health and well-being in service to the United States. (9) During the Cold War, many of these workers were exposed to radiation, beryllium, and silica, and were placed in harm's way by the Department of Energy and contractors, subcontractors, and vendors of the Department without the workers' knowledge or consent, without adequate radiation monitoring, and without necessary protections from internal or external occupational radiation exposure. (10) The Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) (in this section referred to as ``EEOICPA'') was enacted to ensure fairness and equity for the men and women who, during the past 60 years, performed duties uniquely related to the nuclear weapons production and testing programs of the Department of Energy, its predecessor agencies, and its contractors by establishing a program that would provide timely, uniform, and adequate compensation for beryllium- and radiation-related health conditions. (11) Research by the Department of Energy, the National Institute for Occupational Safety and Health (NIOSH), NIOSH contractors, the President's Advisory Board on Radiation and Worker Health, and congressional committees indicates that at certain nuclear weapons facilities-- (A) workers were not adequately monitored for internal or external exposure to ionizing radiation; and (B) records were not maintained, are not reliable, are incomplete, or fail to indicate the radioactive isotopes to which workers were exposed. (12) Due to the inequities posed by the factors described above and the resulting harm to the workers, Congress designated classes of atomic weapons employees at the Paducah, Kentucky, Portsmouth, Ohio, Oak Ridge K-25, Tennessee, and the Amchitka Island, Alaska, sites as members of the Special Exposure Cohort under EEOICPA. (13) It has become evident that it is not feasible to estimate with sufficient accuracy in a timely manner the radiation dose received by employees at the Department of Energy facility at the Nevada Test Site for many reasons, including the following: (A) The NIOSH Technical Basis Document, the threshold document for radiation dose reconstruction under EEOICPA, has incomplete radionuclide lists. (B) NIOSH has not demonstrated that it can estimate dose from exposure to large, nonrespirable hot particles. (C) There are significant gaps in environmental measurement and exposure data. (D) Resuspension doses have been seriously underestimated. (E) NIOSH has not been able to estimate accurately exposures to bomb assembly workers and radon levels. (F) NIOSH has not demonstrated that it can accurately sample tritiated water vapor. (G) External dose records lack integrity. (H) There are no beta dose data from before 1966. (I) There are no neutron dose data from before 1966 and only partial data after such date. (J) There are no internal dose data from before late 1955 or 1956, and limited data until well into the 1960s. (K) NIOSH has ignored exposure from more than a dozen underground tests that vented, including Blanca, Des Moines, Baneberry, Camphor, Diagonal Line, Riola, Agrini, Midas Myth, Misty Rain, and Mighty Oak. (L) Instead of monitoring individuals, groups were monitored, resulting in unreliable personnel monitoring. (14) Some Nevada Test Site workers, despite having worked with significant amounts of radioactive materials and having known exposures leading to serious health effects, have been denied compensation under EEOICPA as a result of flawed calculations based on records that are incomplete or in error, or based on faulty assumptions and incorrect models. (15) Although basal cell carcinoma and chronic lymphocytic leukemia are both radiogenic cancers that employees at the Nevada Test Site may have contracted in the scope of their work, EEOICPA currently will not include individuals with basal cell carcinoma as members of the Special Exposure Cohort, nor does it provide for compensation for employees with chronic lymphocytic leukemia. SEC. 3. INCLUSION OF CERTAIN NUCLEAR WEAPONS PROGRAM WORKERS IN SPECIAL EXPOSURE COHORT UNDER ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM. (a) In General.--Section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l) is amended-- (1) in paragraph (9), by adding at the end the following new subparagraph: ``(C) An individual described in paragraph (14)(D).''; and (2) in paragraph (14), by adding at the end the following new subparagraph: ``(D) The employee was so employed at the Nevada Test Site or other similar sites located in Nevada during the period beginning on January 1, 1950, and ending on December 31, 1993, and contracted an occupational illness, basal cell carcinoma, or chronic lymphocytic leukemia, and, during such employment-- ``(i) was present during an atmospheric or underground nuclear test or performed drillbacks, tunnel re-entry, or clean-up work following such a test (without regard to the duration of employment); ``(ii) was present at an event involving the venting of an underground test or during a planned or unplanned radiation release (without regard to the duration of employment); ``(iii) was present during testing or post- test activities related to nuclear rocket or ramjet engine testing at the Nevada Test Site (without regard to the duration of employment); ``(iv) was assigned to work at Area 51 or other classified program areas of the Nevada Test Site (without regard to the duration of employment); or ``(v) was employed at the Nevada Test Site, and was employed in a job activity that-- ``(I) was monitored for exposure to ionizing radiation; or ``(II) was comparable to a job that is, was, or should have been monitored for exposure to ionizing radiation at the Nevada Test Site.''. (b) Deadline for Claims Adjudication.--Claims for compensation under section 3621(14)(D) of the Energy Employees Occupational Illness Compensation Program Act of 2000, as added by subsection (a), shall be adjudicated and a final decision issued-- (1) in the case of claims pending as of the date of the enactment of this Act, not later than 30 days after such date; and (2) in the case of claims filed after the date of the enactment of this Act, not later than 30 days after the date of such filing.

Nevada Test Site Veterans' Compensation Act of 2007 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include within the definition of a "member of the Special Exposure Cohort" under the Energy Employees Occupational Illness Compensation Program a Department of Energy (DOE) employee, contractor employee, or atomic weapons employee who was so employed at the Nevada Test Site or other similar sites located in Nevada during the period of January 1, 1950, to December 31, 1993, who contracted an occupational illness, basal cell carcinoma, or chronic lymphocytic leukemia, and who met one of other specified criteria during such employment. Establishes deadlines for claims adjudication.

A bill to amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to provide for certain nuclear weapons program workers to be included in the Special Exposure Cohort under the compensation program established by that Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Land Transaction Facilitation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Bureau of Land Management has authority under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) to sell land identified for disposal under its land use planning; (2) the Bureau of Land Management has authority under that Act to exchange Federal land for non-Federal land if the exchange would be in the public interest; (3) through land use planning under that Act, the Bureau of Land Management has identified certain tracts of public land for disposal; (4) the Federal land management agencies of the Departments of the Interior and Agriculture have authority under existing law to acquire land consistent with the mission of each agency; (5) the sale or exchange of land identified for disposal and the acquisition of certain non-Federal land from willing landowners would-- (A) allow for the reconfiguration of land ownership patterns to better facilitate resource management; (B) contribute to administrative efficiency within Federal land management units; and (C) allow for increased effectiveness of the allocation of fiscal and human resources within the Federal land management agencies; (6) a more expeditious process for disposal and acquisition of land, established to facilitate a more effective configuration of land ownership patterns, would benefit the public interest; (7) many private individuals own land within the boundaries of Federal land management units and desire to sell the land to the Federal Government; (8) such land lies within national parks, national monuments, national wildlife refuges, national forests, and other areas designated for special management; (9) Federal land management agencies are facing increased workloads from rapidly growing public demand for the use of public land, making it difficult for Federal managers to address problems created by the existence of inholdings in many areas; (10) in many cases, inholders and the Federal Government would mutually benefit from Federal acquisition of the land on a priority basis; (11) proceeds generated from the disposal of public land may be properly dedicated to the acquisition of inholdings and other land that will improve the resource management ability of the Federal land management agencies and adjoining landowners; (12) using proceeds generated from the disposal of public land to purchase inholdings and other such land from willing sellers would enhance the ability of the Federal land management agencies to-- (A) work cooperatively with private landowners and State and local governments; and (B) promote consolidation of the ownership of public and private land in a manner that would allow for better overall resource management; (13) in certain locations, the sale of public land that has been identified for disposal is the best way for the public to receive fair market value for the land; and (14) to allow for the least disruption of existing land and resource management programs, the Bureau of Land Management may use non-Federal entities to prepare appraisal documents for agency review and approval consistent with applicable provisions of the Uniform Standards for Federal Land Acquisition. SEC. 3. DEFINITIONS. In this Act: (1) Exceptional resource.--The term ``exceptional resource'' means a resource of scientific, historic, cultural, or recreational value that has been documented by a Federal, State, or local governmental authority, and for which extraordinary conservation and protection is required to maintain the resource for the benefit of the public. (2) Federally designated area.--The term ``federally designated area'' means land in Alaska and the eleven contiguous Western States (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that on the date of enactment of this Act was within the boundary of-- (A) a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national recreation area, national scenic area, national volcanic area, research natural area, national outstanding natural area, or a national natural landmark managed by the Bureau of Land Management or under the National Forest System; (B) a unit of the National Park System; (C) a unit of the National Wildlife Refuge System; or (D) a wilderness area designated under the Wilderness Act (16 U.S.C. 1131 et seq.), the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), or the National Trails System Act (16 U.S.C. 1241 et seq.), or areas of the National Forest System designated for special management by an Act of Congress, (3) Inholding.--The term ``inholding'' means any right, title, or interest, held by a non-Federal entity, in or to a tract of land that lies within the boundary of a federally designated area. (4) Public land.--The term ``public land'' means public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. IDENTIFICATION OF INHOLDINGS. (a) In General.--The Secretary and the Secretary of Agriculture shall establish a procedure to-- (1) identify, by State, inholdings for which the landowner has indicated a desire to sell the land or an interest in land to the Federal Government; and (2) establish the date on which the land or interest in land identified became an inholding. (b) Notice of Policy.--The Secretary and the Secretary of Agriculture shall provide, in the Federal Register and through such other means as the Secretaries may determine to be appropriate, periodic notice to the public of the policy under subsection (a), including any information required to consider an inholding for acquisition under section 6. (c) Identification.--An inholding-- (1) shall be considered for identification under this section only if the Secretary or the Secretary of Agriculture receive notification of a desire to sell from the landowner in response to public notice given under subsection (b); and (2) shall be deemed to have been established as of the later of-- (A) the earlier of-- (i) the date on which the land was withdrawn from the public domain; or (ii) the date on which the land was established or designated for special management; or (B) the date on which the inholding was acquired by the current owner. (d) No Obligation To Convey or Acquire.--The identification of an inholding under this section creates no obligation on the part of a landowner to convey the inholding or any obligation on the part of the United States to acquire the inholding. SEC. 5. DISPOSAL OF PUBLIC LAND. (a) In General.--The Secretary shall establish a program, using funds made available under section 6, to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans (as in effect on the date of enactment of this Act) under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712). (b) Sale of Public Land.-- (1) In general.--The sale of public land so identified shall be conducted in accordance with sections 203 and 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713, 1719). (2) Exceptions to competitive bidding requirements.--The exceptions to competitive bidding requirements under section 203(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)) shall apply to this section in cases in which the Secretary determines it to be necessary. (c) Report in Public Land Statistics.--The Secretary shall provide in the annual publication of Public Land Statistics, a report of activities under this section. (d) Termination of Authority.--The authority provided under this section shall terminate 10 years after the date of enactment of this Act. SEC. 6. FEDERAL LAND DISPOSAL ACCOUNT. (a) Deposit of Proceeds.--Notwithstanding any other law (except a law that specifically provides for a proportion of the proceeds to be distributed to any trust funds of any States), the gross proceeds of the sale or exchange of public land under this Act shall be deposited in a separate account in the Treasury of the United States to be known as the ``Federal Land Disposal Account''. (b) Availability.--Amounts in the Federal Land Disposal Account shall be available to the Secretary and the Secretary of Agriculture, without further Act of appropriation, to carry out this Act. (c) Use of the Federal Land Disposal Account.-- (1) In general.--Funds in the Federal Land Disposal Account shall be expended in accordance with this subsection. (2) Fund allocation.-- (A) Purchase of land.--Except as authorized under subparagraph (C), funds shall be used to purchase-- (i) inholdings; and (ii) land that is adjacent to federally designated areas and contains exceptional resources. (B) Inholdings.--Not less than 80 percent of the funds allocated for the purchase of land within each State shall be used to acquire inholdings identified under section 4. (C) Administrative and other expenses.--An amount not to exceed 20 percent of the funds in the Federal Land Disposal Account shall be used by the Secretary for administrative and other expenses necessary to carry out the land disposal program under section 5. (D) Same state purchases.--Of the amounts not used under subparagraph (C), not less than 80 percent shall be expended within the State in which the funds were generated. Any remaining funds may be expended in any other State. (3) Priority.--The Secretary and the Secretary of Agriculture may each develop and use criteria for priority of acquisition that are based on-- (A) the date on which land or interest in land became an inholding; (B) the existence of exceptional resources on the land; and (C) management efficiency. (4) Basis of sale.--Any acquisition of land under this section shall be-- (A) from a willing seller; (B) contingent on the conveyance of title acceptable to the Secretary, or the Secretary of Agriculture in the case of an acquisition of National Forest System land, using title standards of the Attorney General; and (C) at a price not to exceed fair market value consistent with applicable provisions of the Uniform Appraisal Standards for Federal Land Acquisitions. (d) Contaminated Sites and Sites Difficult and Uneconomic To Manage.--Funds in the Federal Land Disposal Account shall not be used to purchase land or an interest in land that, as determined by the Secretary or the Secretary of Agriculture-- (1) contains a hazardous substance or is otherwise contaminated; or (2) because of the location or other characteristics of the land, would be difficult or uneconomic to manage as Federal land. (e) Land and Water Conservation Fund Act.--Funds made available under this section shall be supplemental to any funds appropriated under the Land and Water Conservation Fund Act (16 U.S.C. 460l-4 et seq.). (f) Termination.--On termination of activities under section 5-- (1) the Federal Land Disposal Account shall be terminated; and (2) any remaining balance in the account shall become available for appropriation under section 3 of the Land and Water Conservation Fund Act (16 U.S.C. 460l-6). SEC. 7. SPECIAL PROVISIONS. (a) In General.--Nothing in this Act provides an exemption from any limitation on the acquisition of land or interest in land under any Federal Law in effect on the date of enactment of this Act. (b) Other Law.--This Act shall not apply to land eligible for sale under-- (1) Public Law 96-568 (commonly known as the ``Santini- Burton Act'') (94 Stat. 3381); or (2) the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2343). (c) Exchanges.--Nothing in this Act precludes, preempts, or limits the authority to exchange land under authorities providing for the exchange of Federal lands, including but not limited to-- (1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or (2) the Federal Land Exchange Facilitation Act of 1988 (102 Stat. 1086) or the amendments made by that Act. (d) No New Right or Benefit.--Nothing in this Act creates a right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, its officers, or any other person.

Directs the Secretary to establish a program, using funds from a Federal Land Disposal Account of the Treasury established by this Act, to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans. Sets forth reporting and program termination requirements. Requires that gross proceeds generated by the sale or exchange of public land under this Act be deposited in the Federal Land Disposal Account. Sets forth provisions regarding use of the Account, contaminated sites and sites difficult and uneconomic to manage, and program termination.

Federal Land Transaction Facilitation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Vehicle Corridors Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Traditional transportation refueling networks are well- established, but market uncertainties regarding alternative fuel infrastructure continue to hamper the full use of cleaner alternative domestic energy resources in transportation. (2) Despite considerable investor interest, higher capital costs and an uncertain consumer base has limited expansion of cleaner alternative refueling and recharging options. (3) Reduced pollution and energy independence are important factors at a National level, but they are not a sufficient inducement to create large-scale changes. (4) While American-made fuels provide many energy security and environmental benefits, a significant portion of imported petroleum continues to be consumed as fuel in on-road motor vehicles. (5) Motor vehicles fueled by domestically generated, cleaner alternative transportation fuels, such as compressed natural gas, liquefied natural gas, propane, electricity, hydrogen, and advanced biofuels, can pay for themselves over time, but sales of such vehicles, other than return-to-base vehicles, have been hampered because of insufficient refueling infrastructure. (6) Simultaneous facilitation of infrastructure development and a robust customer base is needed to avoid penalizing current users or early adopters. (7) Facilitating focused infrastructure development along designated routes will foster an expansion of cleaner alternative fuel vehicles and increase the likelihood for commercial success. (8) Eliminating the logistical barriers that are delaying infrastructure development along Clean Vehicle Corridors will-- (A) provide cleaner alternative refueling stations with a larger customer base; (B) attract more buyers to the purchase of clean vehicles; and (C) provide new market outlets for clean fuel providers. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to provide market certainty to drive private and commercial capital investment in clean transportation options; (2) to promote clean transportation technologies that will-- (A) lead to increased diversity and dissemination of cleaner alternative fuel options; and (B) enable the United States to bridge the gap from foreign energy imports to secure, domestically produced energy; and (3) to facilitate clean transportation incentives that will-- (A) attract a critical mass of clean transportation vehicles that will give cleaner alternative fueling stations an assured customer base and market certitude; (B) provide for ongoing increases in energy demands; (C) support the growth of jobs and businesses in the United States; (D) reduce pollution by motor vehicles; (E) decrease our Nation's use of foreign oil; and (F) encourage innovation in transportation energy and technology. SEC. 4. DEFINITIONS. In this Act: (1) Cleaner alternative fuels.--The term ``cleaner alternative fuels'' includes-- (A) compressed natural gas; (B) liquefied natural gas; (C) liquefied petroleum gas (also known as propane); (D) plug-in electric; (E) advanced biofuels (as defined in section 211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i))); (F) hydrogen; and (G) other fuels designated by the Secretary. (2) Clean cities.--The term ``Clean Cities'' means the voluntary public-private partnership and technology deployment program managed by the Department of Energy to meet goals in the Alternative Motor Fuels Act of 1988 (Public Law 100-494), the Clean Air Act Amendments of 1990 (Public Law 101-549), and the Energy Policy Act of 1992 (Public Law 102-486). (3) Highways.--The term ``highways'' is limited to roadways that are part of-- (A) the National Highway System, as established by the Federal Highway Administration; (B) the Dwight D. Eisenhower National System of Interstate and Defense Highways; (C) the National Truck Network, as authorized by the Surface Transportation Assistance Act of 1982 (Public Law 97-424) and established by the Federal Highway Administration; and (D) other roadways most critical to trucks as determined by the Office of Freight Management and Operations in the Federal Highway Administration and authorized by the Moving Ahead for Progress in the 21st Century Act (MAP-21) (Public Law 112-141). (4) Supporting infrastructure.--The term ``supporting infrastructure'' includes fueling or charging stations, rest stops, travel plazas, and other service areas on public or private property that are found to be most practically located along a Clean Vehicle Corridor. SEC. 5. CLEAN VEHICLE CORRIDORS PROGRAM. (a) Corridor Designations.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation (referred to in this section as the ``Secretary'') shall designate not fewer than 5 ``Clean Vehicle Corridors'' along Federal highways, interstates, or other contiguous highways. (2) Consultation.--Before making a designation under paragraph (1), the Secretary shall-- (A) consult with the Secretary of Energy regarding the analysis of data collected by both agencies at cleaner alternative fueling projects authorized by this Act and other Acts to better understand usage patterns and petroleum displacement to inform Corridor designation; (B) receive approval from the Secretary of Energy; (C) consult with the Secretary of Commerce, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency; (D) consult with State, Tribal, and local governments through whose jurisdictions the proposed corridor runs or abuts; (E) gather information from Federal, State, Tribal, and local governments, nongovernmental organizations, businesses, Clean Cities, and individuals to help determine which highways should be included in the corridors designated under paragraph (1); (F) consider existing programs, whether Federal, State, Tribal, local, or private, which can be leveraged to achieve the purposes of this Act; (G) give preference to corridors that connect Clean Cities, as designated by the Department of Energy; and (H) give consideration to air quality nonattainment areas, as determined by the Administration of the Environmental Protection Agency. (b) Infrastructure Development for Cleaner Alternative Fuels.-- (1) In general.--The Secretary of Transportation shall encourage the addition of cleaner alternative fuel options and other supporting infrastructure along Clean Vehicle Corridors. These refueling stations should provide at least 1 cleaner alternative fuel and allow any motor vehicle that operates on such fuels to refuel at distances comfortably within vehicle refueling or charging range without the need for prior arrangement. Existing and private facilities should be encouraged to be included in the Clean Vehicle Corridors network. (2) Incentives.--To promote Clean Vehicle Corridors, the Secretary may provide waivers to statutory restrictions for cleaner alternative fuel projects and vehicles along Clean Vehicle Corridors, including-- (A) modifying HOV/HOT lane restrictions under section 166 of title 23, United States Code, to accommodate vehicles using cleaner alternative fuels; (B) modifying weight limits under section 127 of title 23, United States Code, to accommodate the additional weight to vehicles caused by cleaner alternative fuel technology such as fuel cylinders for natural gas or auxiliary power sources; (C) deeming Clean Vehicle Corridor projects designated under subsection (a) as eligible projects for an increased Federal funding share under section 1116 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) (Public Law 112-141); (D) allowing owners and operators of publicly owned supporting infrastructure to designate parking spaces that are conveniently located near major facilities for use by vehicles that use cleaner alternative fuels; (E) allowing the inclusion of cleaner alternative fueling infrastructure projects in State energy conservation plans, in accordance with section 362(d)(5) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)(5)); and (F) giving areas surrounding Clean Cities a priority preference for Department of Energy funding opportunities. (c) Information and Resources on Clean Vehicle Corridors.-- (1) Website.-- (A) In general.--The Secretary of Transportation shall maintain a publicly accessible website containing information and resources for Clean Vehicle Corridors. (B) Best practices.--The Secretary, in consultation with Federal agencies, Tribes, States, and Clean Cities, shall-- (i) identify best practices and case studies of communities and complementary programs that have successfully promoted cleaner alternative fuel use; and (ii) post the information described in clause (i) on the website referred to in subparagraph (A). (C) Available mechanisms.--The Secretary shall-- (i) identify existing technical and financial mechanisms available to promote the development of cleaner alternative fuel infrastructure; and (ii) post the information described in clause (i) on the website referred to in subparagraph (A). (D) Hyperlink.--The Secretary shall ensure that the website referred to in subparagraph (A) is linked to the Alternative Fuels Data Center maintained by the Department of Energy. (2) Data gathering.--The Secretary shall collaborate with the Secretary of Energy and all relevant Clean Vehicle Corridor stakeholders to collect data on cleaner alternative fueling station usage patterns, including energy consumption, performance, petroleum displacement, and other factors deemed important by the Secretaries to inform Corridor designation and performance. (3) Interstate compacts.-- (A) Establishment.--Two or more contiguous States may enter into an interstate compact to establish Clean Vehicle Corridor partnerships to facilitate planning for and siting of necessary facilities within those States. (B) Technical assistance.-- (i) In general.--The Secretary, in consultation with the Secretary of Energy, the Secretary of Commerce, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency, may provide technical assistance to interstate compact partnerships established pursuant to subparagraph (A). (ii) Federal authority.--Nothing contained in clause (i) or in any compact may be construed-- (I) to limit the applicability of any Federal law; (II) to diminish or otherwise impair the jurisdiction of any Federal agency; or (III) to alter, amend, or otherwise affect any Federal law governing the judicial review of any action taken pursuant to any compact. (C) Congressional review.--Each compact established pursuant to subparagraph (A) shall acknowledge that Congress may withdraw its consent under this paragraph every 3 years after the compact has taken effect.

Clean Vehicle Corridors Act Requires the Department of Transportation (DOT) to: designate at least five Clean Vehicle Corridors along federal highways, interstates, or other contiguous highways after consulting with specified agencies; and encourage the addition of cleaner alternative fuel options and other supporting infrastructure along the corridors and the inclusion of existing and private facilities in the corridor. Defines "cleaner alternative fuels" to include: compressed natural gas, liquefied natural gas, liquefied petroleum gas (also known as propane), plug-in electric, advanced biofuels, and hydrogen. Authorizes DOT to provide waivers of statutory restrictions for cleaner alternative fuel projects and vehicles along Clean Vehicle Corridors. Requires DOT to: maintain a publicly accessible website containing information and resources for corridors; identify best practices and case studies of communities and complementary programs that have successfully promoted cleaner alternative fuel use in consultation with federal agencies, tribes, states, and Clean Cities; identify existing technical and financial mechanisms available to promote the development of cleaner alternative fuel infrastructure; and collaborate with the Department of Energy (DOE) and all relevant Clean Vehicle Corridor stakeholders to collect data on cleaner alternative fueling station usage patterns. Authorizes: two or more contiguous states to enter into an interstate compact to establish Clean Vehicle Corridor partnerships to facilitate planning for and siting of necessary facilities within those states; and DOT, in consultation with DOE, the Department of Commerce, the Department of the Interior, and the Environmental Protection Agency, to provide technical assistance to interstate compact partnerships.

Clean Vehicle Corridors Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Diamond Trade Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Funds derived from the sale of rough diamonds are being used by rebels and state actors to finance military activities, overthrow legitimate governments, subvert international efforts to promote peace and stability, and commit horrifying atrocities against unarmed civilians. During the past decade, more than 6,500,000 people from Sierra Leone, Angola, and the Democratic Republic of the Congo have been driven from their homes by wars waged in large part for control of diamond mining areas. A million of these are refugees eking out a miserable existence in neighboring countries, and tens of thousands have fled to the United States. Approximately 3,700,000 people have died during these wars. (2) The countries caught in this fighting are home to nearly 70,000,000 people whose societies have been torn apart not only by fighting but also by terrible human rights violations. (3) Human rights and humanitarian advocates, the diamond trade as represented by the World Diamond Council, and the United States Government have been working to block the trade in conflict diamonds. Their efforts have helped to build a consensus that action is urgently needed to end the trade in conflict diamonds. (4) The United Nations Security Council has acted at various times under chapter VII of the Charter of the United Nations to address threats to international peace and security posed by conflicts linked to diamonds. Through these actions, it has prohibited all states from exporting weapons to certain countries affected by such conflicts. It has further required all states to prohibit the direct and indirect import of rough diamonds from Sierra Leone unless the diamonds are controlled under specified certificate of origin regimes and to prohibit absolutely the direct and indirect import of rough diamonds from Liberia. (5) In response, the United States implemented sanctions restricting the importation of rough diamonds from Sierra Leone to those diamonds accompanied by specified certificates of origin and fully prohibiting the importation of rough diamonds from Liberia. The United States is now taking further action against trade in conflict diamonds. (6) Without effective action to eliminate trade in conflict diamonds, the trade in legitimate diamonds faces the threat of a consumer backlash that could damage the economies of countries not involved in the trade in conflict diamonds and penalize members of the legitimate trade and the people they employ. To prevent that, South Africa and more than 30 other countries are involved in working, through the ``Kimberley Process'', toward devising a solution to this problem. As the consumer of a majority of the world's supply of diamonds, the United States has an obligation to help sever the link between diamonds and conflict and press for implementation of an effective solution. (7) Failure to curtail the trade in conflict diamonds or to differentiate between the trade in conflict diamonds and the trade in legitimate diamonds could have a severe negative impact on the legitimate diamond trade in countries such as Botswana, Namibia, South Africa, and Tanzania. (8) Initiatives of the United States seek to resolve the regional conflicts in sub-Saharan Africa which facilitate the trade in conflict diamonds. (9) The Interlaken Declaration on the Kimberley Process Certification Scheme for Rough Diamonds of November 5, 2002, states that Participants will ensure that measures taken to implement the Kimberley Process Certification Scheme for Rough Diamonds will be consistent with international trade rules. SEC. 3. DEFINITIONS. In this Act: (1) Controlled through the kimberley process certification scheme.--An importation or exportation of rough diamonds is ``controlled through the Kimberley Process Certification Scheme'' if it is an importation from the territory of a Participant or exportation to the territory of a Participant of rough diamonds that is-- (A) carried out in accordance with the Kimberley Process Certification Scheme, as set forth in regulations promulgated by the President; or (B) controlled under a system determined by the President to meet substantially the standards, practices, and procedures of the Kimberley Process Certification Scheme. (2) Exporting authority.--The term ``exporting authority'' means one or more entities designated by a Participant from whose territory a shipment of rough diamonds is being exported as having the authority to validate the Kimberley Process Certificate. (3) Importing authority.--The term ``importing authority'' means one or more entities designated by a Participant into whose territory a shipment of rough diamonds is imported as having the authority to enforce the laws and regulations of the Participant regulating imports, including the verification of the Kimberley Process Certificate accompanying the shipment. (4) Kimberley process certificate.--The term ``Kimberley Process Certificate'' means a forgery resistant document of a Participant that demonstrates that an importation or exportation of rough diamonds has been controlled through the Kimberley Process Certification Scheme and contains the minimum elements set forth in Annex I of the Kimberley Process Certification Scheme. (5) Kimberley process certification scheme.--The term ``Kimberley Process Certification Scheme'' means those standards, practices, and procedures of the international certification scheme for rough diamonds presented in the document entitled ``Kimberley Process Certification Scheme'' referred to in the Interlaken Declaration on the Kimberley Process Certification Scheme for Rough Diamonds of November 5, 2002. (6) Participant.--The term ``Participant'' means a state, customs territory, or regional economic integration organization identified by the Secretary of State. (7) Person.--The term ``person'' means an individual or entity. (8) Rough diamond.--The term ``rough diamond'' means any diamond that is unworked or simply sawn, cleaved, or bruted and classifiable under subheading 7102.10, 7102.21, or 7102.31 of the Harmonized Tariff Schedule of the United States. (9) United states.--The term ``United States'', when used in the geographic sense, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (10) United states person.--The term ``United States person'' means-- (A) any United States citizen or any alien admitted for permanent residence into the United States; (B) any entity organized under the laws of the United States or any jurisdiction within the United States (including its foreign branches); and (C) any person in the United States. SEC. 4. MEASURES FOR THE IMPORTATION AND EXPORTATION OF ROUGH DIAMONDS. (a) Prohibition.--The President shall prohibit the importation into, or exportation from, the United States of any rough diamond, from whatever source, that has not been controlled through the Kimberley Process Certification Scheme. (b) Waiver.--The President may waive the requirements set forth in subsection (a) with respect to a particular country for periods of not more than 1 year each, if, with respect to each such waiver-- (1) the President determines and reports to the Congress that such country is taking effective steps to implement the Kimberley Process Certification Scheme; or (2) the President determines that the waiver is in the national interests of the United States, and reports such determination to the Congress, together with the reasons therefor. SEC. 5. REGULATORY AND OTHER AUTHORITY. (a) In General.--The President is authorized to and shall as necessary issue such proclamations, regulations, licenses, and orders, and conduct such investigations, as may be necessary to carry out this Act. (b) Recordkeeping.--Any United States person seeking to export from or import into the United States any rough diamonds shall keep a full record of, in the form of reports or otherwise, complete information relating to any act or transaction to which any prohibition imposed under section 4(a) applies. The President may require such person to furnish such information under oath, including the production of books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person. (c) Oversight.--The President shall require the appropriate Government agency to conduct annual reviews of the standards, practices, and procedures of any entity in the United States that issues Kimberley Process Certificates for the exportation from the United States of rough diamonds to determine whether such standards, practices, and procedures are in accordance with the Kimberley Process Certification Scheme. The President shall transmit to the Congress a report on each annual review under this subsection. SEC. 6. IMPORTING AND EXPORTING AUTHORITIES. (a) In the United States.--For purposes of this Act-- (1) the importing authority shall be the United States Bureau of Customs and Border Protection or, in the case of a territory or possession of the United States with its own customs administration, analagous officials; and (2) the exporting authority shall be the Bureau of the Census. (b) Of Other Countries.--The Secretary of State shall publish in the Federal Register a list of all Participants, and all exporting authorities and importing authorities of Participants. The Secretary shall update the list as necessary. SEC. 7. STATEMENT OF POLICY. The Congress supports the policy that the President take appropriate steps to promote and facilitate the adoption by the international community of the Kimberley Process Certification Scheme implemented under this Act. SEC. 8. ENFORCEMENT. (a) In General.--Subject to subsection (b)-- (1) a civil penalty of not to exceed $10,000 may be imposed on any person who violates, or attempts to violate, any license, order, or regulation issued under this Act; and (2) whoever willfully violates, or willfully attempts to violate, any license, order, or regulation issued under this Act shall, upon conviction, be fined not more than $50,000, or, if a natural person, may be imprisoned for not more than 10 years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both. (b) Import Violations.--Those civil and criminal penalties, including seizure and forfeiture, under the customs laws of the United States that apply to goods imported in violation of such laws shall apply with respect to rough diamonds imported in violation of this Act or any regulation, license, or order issued under this Act. SEC. 9. TECHNICAL ASSISTANCE. The President may direct the appropriate agencies of the United States Government to make available technical assistance to countries seeking to implement the Kimberley Process Certification Scheme. SEC. 10. SENSE OF CONGRESS. (a) Ongoing Process.--It is the sense of the Congress that the Kimberley Process Certification Scheme, officially launched on January 1, 2003, is an ongoing process. The President should work with Participants to strengthen the Kimberley Process Certification Scheme through the adoption of measures for the sharing of statistics on the production of and trade in rough diamonds, and for monitoring the effectiveness of the Kimberley Process Certification Scheme in stemming trade in diamonds the importation or exportation of which is not controlled through the Kimberley Process Certification Scheme. (b) Statistics and Reporting.--It is the sense of the Congress that under Annex III to the Kimberley Process Certification Scheme, Participants recognized that reliable and comparable data on the international trade in rough diamonds are an essential tool for the effective implementation of the Kimberley Process Certification Scheme. Therefore, the executive branch should continue to-- (1) keep and publish statistics on imports and exports of rough diamonds under subheadings 7102.10.00, 7102.21, and 7102.31.00 of the Harmonized Tariff Schedule of the United States; (2) make these statistics available for analysis by interested parties and by Participants; and (3) take a leadership role in negotiating a standardized methodology among Participants for reporting statistics on imports and exports of rough diamonds. SEC. 11. REPORTS. (a) Annual Reports.--Not later than 1 year after the date of the enactment of this Act and every 12 months thereafter for such period as this Act is in effect, the President shall transmit to the Congress a report-- (1) describing actions taken by countries that have exported rough diamonds to the United States during the preceding 12-month period to control the exportation of the diamonds through the Kimberley Process Certification Scheme; and (2) identifying each country that, during the preceding 12- month period, exported rough diamonds to the United States and was exporting rough diamonds not controlled through the Kimberley Process Certification Scheme, if the failure to do so has significantly increased the likelihood that those diamonds not so controlled are being imported into the United States. (b) Semiannual Reports.--For each country identified in subsection (a)(2), the President, during such period as this Act is in effect, shall, every 6 months after the initial report in which the country was identified, transmit to the Congress a report that explains what actions have been taken by the United States or such country since the previous report to ensure that diamonds the exportation of which was not controlled through the Kimberley Process Certification Scheme are not being imported from that country into the United States. The requirement to issue a semiannual report with respect to a country under this subsection shall remain in effect until such time as the country is controlling the importation and exportation of rough diamonds through the Kimberley Process Certification Scheme. SEC. 12. GAO REPORT. Not later than 24 months after the effective date of this Act, the Comptroller General of the United States shall transmit a report to the Congress on the effectiveness of the provisions of this Act in preventing the importation or exportation of rough diamonds that is prohibited under section 4. The Comptroller General shall include in the report any recommendations on any modifications to this Act that may be necessary. SEC. 13. EFFECTIVE DATE. This Act shall take effect on the date on which the President certifies to the Congress that-- (1) an applicable waiver that has been granted by the World Trade Organization is in effect; or (2) an applicable decision in a resolution adopted by the United Nations Security Council pursuant to Chapter VII of the Charter of the United Nations is in effect. This Act shall thereafter remain in effect during those periods in which, as certified by the President to the Congress, an applicable waiver or decision referred to in paragraph (1) or (2) is in effect.

Clean Diamond Trade Act - Directs the President to prohibit the importation into, or exportation from, the United States of any rough diamond, from whatever source, that has not been controlled through the Kimberley Process Certification Scheme (KPCS). Prescribes criteria for waiver of such prohibition. Directs the President to require the appropriate Government agency to conduct annual reviews of the standards, practices, and procedures of any entity in the United States that issues Kimberley Process Certificates for the exportation from the United States of rough diamonds to determine whether they accord with the KPCS.Makes the importing authority under this Act the U.S. Bureau of Customs and Border Protection (BCBP) and the exporting authority the Bureau of the Census. Declares that the Congress supports the trade policy that the President take appropriate steps to promote and facilitate the adoption of the KPCS by the international community. Sets forth civil and criminal penalties for violation of this Act. Authorizes the President to direct the appropriate Federal agencies to make available technical assistance, relating to compliance with U.S. trade laws, to countries seeking to implement the Kimberley Process Certification Scheme. Urges the President to work with Participants to strengthen the Kimberley Process Certification Scheme through the adoption of measures for: (1) sharing statistics on rough diamonds production and trade; and (2) monitoring the effectiveness of the KPCS in stemming trade in diamonds whose importation or exportation is not controlled through the KPCS. Urges the executive branch continue to: (1) keep and publish statistics on imports and exports of rough diamonds; (2) make them available for analysis by interested parties and by Participants; and (3) take a leadership role in negotiating a standardized methodology among Participants for reporting such statistics.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children of Fallen Heroes Scholarship Act''. SEC. 2. CALCULATION OF ELIGIBILITY. Section 473(b) of the Higher Education Act of 1965 (20 U.S.C. 1087mm(b)) is amended-- (1) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by inserting ``(in the case of a student who meets the requirement of subparagraph (B)(i)), or academic year 2015-2016 (in the case of a student who meets the requirement of subparagraph (B)(ii)),'' after ``academic year 2009-2010''; and (B) by amending subparagraph (B) to read as follows: ``(B) whose parent or guardian was-- ``(i) a member of the Armed Forces of the United States and died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; or ``(ii) actively serving as a public safety officer and died in the line of duty while performing as a public safety officer; and''; (2) in paragraph (3)-- (A) by striking ``Notwithstanding'' and inserting the following: ``(A) Armed forces.--Notwithstanding''; (B) by striking ``paragraph (2)'' and inserting ``subparagraphs (A), (B)(i), and (C) of paragraph (2)''; and (C) by adding at the end the following: ``(B) Public safety officers.--Notwithstanding any other provision of law, unless the Secretary establishes an alternate method to adjust the expected family contribution, for each student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of paragraph (2), a financial aid administrator shall-- ``(i) verify with the student that the student is eligible for the adjustment; ``(ii) adjust the expected family contribution in accordance with this subsection; and ``(iii) notify the Secretary of the adjustment and the student's eligibility for the adjustment.''; and (3) by adding at the end the following: ``(4) Treatment of pell amount.--Notwithstanding section 1212 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796d-1), in the case of a student who receives an increased Federal Pell Grant amount under this section, the total amount of such Federal Pell Grant, including the increase under this subsection, shall not be considered in calculating that student's educational assistance benefits under the Public Safety Officers' Benefits program under subpart 2 of part L of title I of such Act. ``(5) Definition of public safety officer.--For purposes of this subsection, the term `public safety officer' means-- ``(A) a public safety officer, as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b); or ``(B) a fire police officer, defined as an individual who-- ``(i) is serving in accordance with State or local law as an officially recognized or designated member of a legally organized public safety agency; ``(ii) is not a law enforcement officer, a firefighter, a chaplain, or a member of a rescue squad or ambulance crew; and ``(iii) provides scene security or directs traffic-- ``(I) in response to any fire drill, fire call, or other fire, rescue, or police emergency; or ``(II) at a planned special event.''. SEC. 3. CALCULATION OF PELL GRANT AMOUNT. Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(2)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``The Amount'' and inserting ``Subject to subparagraph (C), the amount''; and (2) by adding at the end the following new subparagraph: ``(C) In the case of a student who meets the requirements of subparagraphs (A), (B)(ii), and (C) of section 473(b)(2)-- ``(i) clause (ii) of subparagraph (A) of this paragraph shall be applied by substituting `from the amounts appropriated in the last enacted appropriation Act applicable to that award year, an amount equal to the amount of the increase calculated under paragraph (7)(B) for that year' for `the amount of the increase calculated under paragraph (7)(B) for that year'; and ``(ii) such student-- ``(I) shall be provided an amount under clause (i) of this subparagraph only to the extent that funds are specifically provided in advance in an appropriation Act to such students for that award year; and ``(II) shall not be eligible for the amounts made available pursuant to clauses (i) through (iii) of paragraph (7)(A).''. SEC. 4. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 5. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on July 1, 2015. Passed the Senate May 10, 2016. Attest: JULIE E. ADAMS, Secretary.

. Children of Fallen Heroes Scholarship Act (Sec. 2) This bill amends the Higher Education Act of 1965 to eliminate the expected family contribution (EFC) used to determine financial need in the case of a Pell Grant-eligible student whose parent or guardian died in the line of duty as a police officer, firefighter, or other public safety officer. Such student is eligible to receive an automatic zero EFC and qualify for the maximum Pell Grant award if the student was less than 24 years old or enrolled at an institution of higher education at the time of the parent or guardian's death. (Sec. 4) It specifies procedures for determining the budgetary effects of this bill for compliance with the Statutory Pay-As-You-Go (PAYGO) Act of 2010.

Children of Fallen Heroes Scholarship Act

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Hydrographic Services Improvement Act Amendments of 2008''. SEC. 2. DEFINITIONS. Section 303 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892) is amended by striking paragraphs (3), (4), and (5) and inserting the following: ``(3) Hydrographic data.--The term `hydrographic data' means information that-- ``(A) is acquired through-- ``(i) hydrographic, bathymetric, photogrammetric, lidar, radar, remote sensing, or shoreline and other ocean- and coastal-related surveying; ``(ii) geodetic, geospatial, or geomagnetic measurements; ``(iii) tide, water level, and current observations; or ``(iv) other methods; and ``(B) is used in providing hydrographic services. ``(4) Hydrographic services.--The term `hydrographic services' means-- ``(A) the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, shoreline, geodetic, geospatial, geomagnetic, and tide, water level, and current information, including the production of nautical charts, nautical information databases, and other products derived from hydrographic data; ``(B) the development of nautical information systems; and ``(C) related activities. ``(5) Coast and geodetic survey act.--The term `Coast and Geodetic Survey Act' means the Act entitled `An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes', approved August 6, 1947 (33 U.S.C. 883a et seq.).''. SEC. 3. FUNCTIONS OF THE ADMINISTRATOR. Section 303 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892a) is amended-- (1) by striking ``the Act of 1947,'' in subsection (a) and inserting ``the Coast and Geodetic Survey Act, promote safe, efficient and environmentally sound marine transportation, and otherwise fulfill the purposes of this Act,''; (2) by striking ``data;'' in subsection (a)(1) and inserting ``data and provide hydrographic services;'' and (3) by striking subsection (b) and inserting the following: ``(b) Authorities.--To fulfill the data gathering and dissemination duties of the Administration under the Coast and Geodetic Survey Act, promote safe, efficient, and environmentally sound marine transportation, and otherwise fulfill the purposes of this Act, subject to the availability of appropriations, the Administrator-- ``(1) may procure, lease, evaluate, test, develop, and operate vessels, equipment, and technologies necessary to ensure safe navigation and maintain operational expertise in hydrographic data acquisition and hydrographic services; ``(2) shall, subject to the availability of appropriations, design, install, maintain, and operate real-time hydrographic monitoring systems to enhance navigation safety and efficiency; and ``(3) where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, may acquire hydrographic data and provide hydrographic services to support the conservation and management of coastal and ocean resources; ``(4) where appropriate, may acquire hydrographic data and provide hydrographic services to save and protect life and property and support the resumption of commerce in response to emergencies, natural and man-made disasters, and homeland security and maritime domain awareness needs, including obtaining mission assignments (as defined in section 641 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741)); ``(5) may create, support, and maintain such joint centers with other Federal agencies and other entities as the Administrator deems appropriate or necessary to carry out the purposes of this Act; and ``(6) notwithstanding the existence of such joint centers, shall award contracts for the acquisition of hydrographic data in accordance with subchapter VI of chapter 10 of title 40, United States Code.''. SEC. 4. HYDROGRAPHIC SERVICES REVIEW PANEL. Section 305(c)(1)(A) of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892c(c)(1)(A)) is amended to read as follows: ``(A) The panel shall consist of 15 voting members who shall be appointed by the Administrator. The Co-directors of the Center for Coastal and Ocean Mapping/Joint Hydrographic Center and no more than 2 employees of the National Oceanic and Atmospheric Administration appointed by the Administrator shall serve as nonvoting members of the panel. The voting members of the panel shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in 1 or more of the disciplines and fields relating to hydrographic data and hydrographic services, marine transportation, port administration, vessel pilotage, coastal and fishery management, and other disciplines as determined appropriate by the Administrator.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d) is amended to read as follows: ``SEC. 306. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Administrator the following: ``(1) To carry out nautical mapping and charting functions under sections 304 and 305, except for conducting hydrographic surveys-- ``(A) $55,000,000 for fiscal year 2009; ``(B) $56,000,000 for fiscal year 2010; ``(C) $57,000,000 for fiscal year 2011; and ``(D) $58,000,000 for fiscal year 2012. ``(2) To contract for hydrographic surveys under section 304(b)(1), including the leasing or time chartering of vessels-- ``(A) $32,130,000 for fiscal year 2009; ``(B) $32,760,000 for fiscal year 2010; ``(C) $33,390,000 for fiscal year 2011; and ``(D) $34,020,000 for fiscal year 2012. ``(3) To operate hydrographic survey vessels owned by the United States and operated by the Administration-- ``(A) $25,900,000 for fiscal year 2009; ``(B) $26,400,000 for fiscal year 2010; ``(C) $26,900,000 for fiscal year 2011; and ``(D) $27,400,000 for fiscal year 2012. ``(4) To carry out geodetic functions under this title-- ``(A) $32,640,000 for fiscal year 2009; ``(B) $33,280,000 for fiscal year 2010; ``(C) $33,920,000 for fiscal year 2011; and ``(D) $34,560,000 for fiscal year 2012. ``(5) To carry out tide and current measurement functions under this title-- ``(A) $27,000,000 for fiscal year 2009; ``(B) $27,500,000 for fiscal year 2010; ``(C) $28,000,000 for fiscal year 2011; and ``(D) $28,500,000 for fiscal year 2012. ``(6) To acquire a replacement hydrographic survey vessel capable of staying at sea continuously for at least 30 days $75,000,000.''. SEC. 6. AUTHORIZED NOAA CORPS STRENGTH. Section 215 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3005) is amended to read as follows: ``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS. ``Effective October 1, 2009, the total number of authorized commissioned officers on the lineal list of the commissioned corps of the National Oceanic and Atmospheric Administration shall be increased from 321 to 379 if-- ``(1) the Secretary has submitted to the Congress-- ``(A) the Administration's ship recapitalization plan for fiscal years 2010 through 2024; ``(B) the Administration's aircraft remodernization plan; and ``(C) supporting workforce management plans; ``(2) appropriated funding is available; and ``(3) the Secretary has justified organizational needs for the commissioned corps for each such fiscal year.'' Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Hydrographic Services Improvement Act Amendments of 2008 - (Sec. 2) Amends the Hydrographic Services Improvement Act of 1998 to revise the definitions of: (1) "hydrographic data" to include lidar, radar, remote sensing, shoreline and other ocean- and coastal-related surveying, and water level observations; and (2) "hydrographic services" to include references to shoreline and water level information. (Sec. 3) Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to promote safe, efficient, and environmentally sound marine transportation and to acquire and disseminate hydrographic data and provide hydrographic services. Revises the Administrator's authorities concerning the acquisition of hydrographic data and provision of hydrographic servicesincluding to permit: (1) support for the conservation and management of coastal and ocean resources; (2) saving and protecting life and property and supporting the resumption of commerce in response to emergencies, natural and man-made disasters, and homeland security and maritime domain awareness needs; and (3) the creation and maintenance of joint centers with other federal agencies. (Sec. 4) Modifies membership provisions regarding the Hydrographic Services Review Panel. (Sec. 5) Authorizations appropriations: (1) through FY2012 for specified hydrographic services; and (2) to acquire a replacement hydrographic survey vessel capable of staying at sea continuously for at least 30 days. (Sec. 6) Amends the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 to increase by 58 the number authorized commissioned officers on the NOAA lineal list if: (1) the Secretary of Commerce has submitted to Congress plans for ship recapitalization, aircraft remodernization, and supporting workforce management plans; (2) appropriated funding is available; and (3) the Secretary has justified organizational needs.

A bill to reauthorize and amend the Hydrographic Services Improvement Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to Pet Owners Act of 2014''. SEC. 2. APPLICABILITY. This Act shall only apply to medication for a domesticated household animal that the Federal Government prevents consumers from purchasing without a prescription. SEC. 3. RULES ON VETERINARY PRESCRIPTIONS. Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall promulgate rules in accordance with section 553 of title 5, United States Code, that include the following requirements with regard to a veterinary prescription: (1) In general.--A requirement that the prescriber of an animal drug shall-- (A) whether or not requested by the pet owner, provide to the pet owner, before offering to fill or dispensing, a veterinary prescription, a copy of the veterinary prescription, including by electronic or other means; (B) provide a copy of the prescription by electronic or other means consistent with applicable State law, if requested by a pharmacy or any other person designated to act on behalf of the pet owner; and (C) upon request by a pharmacy or any other person designated to act on behalf of the pet owner, verify the prescription. (2) Purchase, payment, and waiver.--A requirement that the prescriber of an animal drug-- (A) may not-- (i) require purchase of the animal drug for which the veterinary prescription was written from the prescriber or from another person as a condition of providing a copy of the veterinary prescription or verifying such prescription under paragraph (1); (ii) require payment in addition to, or as part of, the fee for an examination and evaluation as a condition of providing a copy of the veterinary prescription or verifying such prescription under paragraph (1); or (iii) require the pet owner to sign a waiver or disclaim liability, or deliver to the pet owner a notice waiving or disclaiming liability of the prescriber for the accuracy of the veterinary prescription, as a condition of providing a copy of such prescription or verifying such prescription under paragraph (1); and (B) may require payment of fees for an examination and evaluation before providing a veterinary prescription, but only if the prescriber requires immediate payment in the case of an examination that reveals no requirement for an animal drug. SEC. 4. ENFORCEMENT. (a) Unfair or Deceptive Act or Practice.--A violation of a rule prescribed pursuant to section 3 of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of Commission.-- (1) In general.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction 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. (2) Privileges and immunities.--Any person who violates a rule prescribed pursuant to section 3 of this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). SEC. 5. DEFINITIONS. In this Act: (1) Animal drug.--The term ``animal drug'' means a drug intended to be administered to an animal that may not be dispensed without a prescription. (2) Domesticated household animal.--The term ``domesticated household animal'' means a companion animal permitted under applicable State and local law to be kept in a home for noncommercial purposes. (3) Pet owner.--The term ``pet owner'' means the legal owner of a domesticated household animal or a person designated by such owner to present such animal to the prescriber for care. (4) Prescriber.--The term ``prescriber'' means a health care practitioner who is licensed to practice veterinary medicine or other person permitted under State law to issue prescriptions for animal drugs. (5) Veterinary prescription.--The term ``veterinary prescription''-- (A) means a written, oral, or electronic order from a prescriber authorizing the dispensing of an animal drug for use by a domesticated household animal and normally administered to the animal by its owner, issued in accordance with State and Federal law; and (B) does not include an animal drug administered by the veterinarian in the course of providing acute care.

Fairness to Pet Owners Act of 2014 - Directs the Federal Trade Commission (FTC) to require prescribers of animal drugs to verify prescriptions and provide copies of prescriptions to pet owners, pet owner designees, and pharmacies, without the prescriber demanding payment or establishing other conditions. Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act.

Fairness to Pet Owners Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Affordable College Textbook Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The high cost of college textbooks continues to be a barrier for many students in achieving higher education. (2) According to the College Board, during the 2012-2013 academic year, the average student budget for college books and supplies was $1,200. (3) The Government Accountability Office found that new textbook prices increased 82 percent over the last decade and that although Federal efforts to increase price transparency have provided students and families with more and better information, more must be done to address rising costs. (4) The growth of the Internet has enabled the creation and sharing of digital content, including open educational resources that can be freely used by students, teachers, and members of the public. (5) Using open educational resources in place of traditional materials in large-enrollment college courses can reduce textbook costs by 80 to 100 percent. (6) Federal investment in expanding the use of open educational resources could significantly lower college textbook costs and reduce financial barriers to higher education, while making efficient use of taxpayer funds. SEC. 3. DEFINITIONS. In this Act: (1) Educational resource.--The term ``educational resource'' means an educational material that can be used in postsecondary instruction, including textbooks and other written or audiovisual works. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Open educational resource.--The term ``open educational resource'' means an educational resource that is licensed under an open license and made freely available online to the public. (4) Open license.--The term ``open license'' means a worldwide, royalty-free, non-exclusive, perpetual, irrevocable copyright license granting the public permission to access, reproduce, publicly perform, publicly display, adapt, distribute, and otherwise use the work and adaptations of the work for any purpose, conditioned only on the requirement that attribution be given to authors as designated. (5) Open textbook.--The term ``open textbook'' means an open educational resource or set of open educational resources that either is a textbook or can be used in place of a textbook for a postsecondary course at an institution of higher education. (6) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. GRANT PROGRAM. (a) Grants Authorized.--From the amounts appropriated under subsection (i), the Secretary shall make grants, on a competitive basis, to eligible entities to support pilot programs that expand the use of open textbooks in order to achieve savings for students. (b) Eligible Entity.--In this section, the term ``eligible entity'' means an institution of higher education or group of institutions of higher education. (c) Applications.-- (1) In general.--Each eligible entity desiring a grant under this section, after consultation with relevant faculty (including those engaged in the creation of open educational resources), shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include a description of the project to be completed with grant funds and-- (A) a plan for promoting and tracking the use of open textbooks in postsecondary courses offered by the eligible entity, including an estimate of the projected savings that will be achieved for students; (B) a plan for evaluating, before creating new open educational resources, whether existing open educational resources could be used or adapted for the same purpose; (C) a plan for quality review and review of accuracy of any open educational resources to be created or adapted through the grant; (D) a plan for disseminating information about the results of the project to institutions of higher education outside of the eligible entity, including promoting the adoption of any open textbooks created or adapted through the grant; and (E) a statement on consultation with relevant faculty, including those engaged in the creation of open educational resources, in the development of the application. (d) Special Consideration.--In awarding grants under this section, the Secretary shall give special consideration to applications that demonstrate the greatest potential to-- (1) achieve the highest level of savings for students through sustainable expanded use of open textbooks in postsecondary courses offered by the eligible entity; (2) expand the use of open textbooks at institutions of higher education outside of the eligible entity; and (3) produce-- (A) the highest quality open textbooks; (B) open textbooks that can be most easily utilized and adapted by faculty members at institutions of higher education; (C) open textbooks that correspond to the highest enrollment courses at institutions of higher education; and (D) open textbooks created or adapted in partnership with entities, including campus bookstores, that will assist in marketing and distribution of the open textbook. (e) Use of Funds.--An eligible entity that receives a grant under this section shall use the grant funds to carry out any of the following activities to expand the use of open textbooks: (1) Professional development for faculty and staff members at institutions of higher education, including the search for and review of open textbooks. (2) Creation or adaptation of open educational resources, especially open textbooks. (3) Development or improvement of tools and informational resources that support the use of open textbooks. (4) Research evaluating the efficacy of the use of open textbooks for achieving savings for students. (5) Partnerships with other entities, including other institutions of higher education, for-profit organizations, or nonprofit organizations, to carry out any of the activities described in paragraphs (1) through (4). (f) License.--Educational resources created or adapted under subsection (e) shall be licensed under an open license. (g) Access and Distribution.--The full and complete digital content of each educational resource created or adapted under subsection (e) shall be made available free of charge to the public-- (1) on an easily accessible and interoperable website, which shall be identified to the Secretary by the eligible entity; and (2) in a machine readable, digital format that anyone can directly download, edit, and redistribute. (h) Report.--Upon an eligible entity's completion of a project supported under this section, the eligible entity shall prepare and submit a report to the Secretary regarding-- (1) the effectiveness of the pilot program in expanding the use of open textbooks and in achieving savings for students; (2) the impact of the pilot program on expanding the use of open textbooks at institutions of higher education outside of the eligible entity; (3) educational resources created or adapted under the grant, including instructions on where the public can access each educational resource under the terms of subsection (g); and (4) all project costs, including the value of any volunteer labor and institutional capital used for the project. (i) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for each of the 5 succeeding fiscal years after the enactment of this Act. SEC. 5. PRICE INFORMATION. Section 133(b) of the Higher Education Act of 1965 (20 U.S.C. 1015b(b)) is amended-- (1) by striking paragraph (6); and (2) in paragraph (9); (A) by striking subparagraphs (A) and (B); and (B) by striking ``a college textbook that--'' and inserting ``a college textbook that may include printed materials, computer disks, website access, and electronically distributed materials.''. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that institutions of higher education should encourage the consideration of open textbooks by faculty within the generally accepted principles of academic freedom that establishes the right and responsibility of faculty members, individually and collectively, to select course materials that are pedagogically most appropriate for their classes. SEC. 7. REPORT TO CONGRESS. Not later than July 1, 2016, the Secretary shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives detailing-- (1) the open textbooks created or adapted under this Act; (2) the adoption of such open textbooks; and (3) the savings generated for students, States, and the Federal Government through the use of open textbooks. SEC. 8. GAO REPORT. Not later than July 1, 2017, the Comptroller General of the United States shall prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives on the cost of textbooks to students at institutions of higher education. The report shall particularly examine-- (1) the change of the cost of textbooks; (2) the factors that have contributed to the change of the cost of textbooks; (3) the extent to which open textbooks are used at institutions of higher education; and (4) the impact of open textbooks on the cost of textbooks.

Affordable College Textbook Act - Directs the Secretary of Education to make competitive grants to institutions of higher education (IHEs) to support pilot programs that expand the use of open textbooks in order to achieve savings for students. Requires the grants to be used for: professional development for IHE faculty and staff, including the search for and review of open textbooks; the creation or adaptation of open educational resources, especially open textbooks; the development or improvement of tools and informational resources that support the use of open textbooks; research evaluating the efficacy of using open textbooks to achieve savings for students; and partnerships with other entities to carry out the preceding activities. Requires the full and complete digital content of the educational resources created or adopted using such grant funds to be made available free of charge to the public: (1) on an easily accessible and interoperable website; and (2) in a machine readable, digital format that anyone can directly download, edit, and redistribute. Directs the Secretary to give special consideration to grant applicants that demonstrate the greatest potential to: achieve the highest level of savings for students; expand the use of open textbooks at other IHEs; and produce open textbooks that are of the highest quality, that can be most easily utilized and adapted by faculty members, that correspond to the highest enrollment courses, and that are created or adopted in partnership with entities that will assist in their marketing and distribution. Amends the Higher Education Act of 1965 to include any educational material developed to accompany a college textbook as supplemental material that is subject to college textbook information disclosure requirements. Expresses the sense of Congress that IHEs should encourage the consideration of open textbooks by faculty within the generally accepted principles of academic freedom that establish the right and responsibility of faculty members to select the most appropriate course materials for their classes.

Affordable College Textbook Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kendell Frederick Citizenship Assistance Act''. SEC. 2. FINGERPRINTS AND OTHER BIOMETRIC INFORMATION FOR MEMBERS OF THE UNITED STATES ARMED FORCES. (a) In General.--Notwithstanding any other provision of law, including section 552a of title 5, United States Code (commonly referred to as the ``Privacy Act of 1974''), the Secretary of Homeland Security shall use the fingerprints provided by an individual at the time the individual enlisted in the United States Armed Forces, or at the time the individual filed an application for adjustment of status, to satisfy any requirement for background and security checks in connection with an application for naturalization if-- (1) the individual may be naturalized pursuant to section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439, 1440); (2) the individual was fingerprinted and provided other biometric information in accordance with the requirements of the Department of Defense at the time the individual enlisted in the United States Armed Forces; (3) the individual-- (A) submitted an application for naturalization not later than 24 months after the date on which the individual enlisted in the United States Armed Forces; or (B) provided the required biometric information to the Department of Homeland Security through a United States Citizenship and Immigration Services Application Support Center at the time of the individual's application for adjustment of status if filed not later than 24 months after the date on which the individual enlisted in the United States Armed Forces; and (4) the Secretary of Homeland Security determines that the biometric information provided, including fingerprints, is sufficient to conduct the required background and security checks needed for the applicant's naturalization application. (b) More Timely and Effective Adjudication.--Nothing in this section precludes an individual described in subsection (a) from submitting a new set of biometric information, including fingerprints, to the Secretary of Homeland Security with an application for naturalization. If the Secretary determines that submitting a new set of biometric information, including fingerprints, would result in more timely and effective adjudication of the individual's naturalization application, the Secretary shall-- (1) inform the individual of such determination; and (2) provide the individual with a description of how to submit such biometric information, including fingerprints. (c) Cooperation.--The Secretary of Homeland Security, in consultation with the Secretary of Defense, shall determine the format of biometric information, including fingerprints, acceptable for usage under subsection (a). The Secretary of Defense, or any other official having custody of the biometric information, including fingerprints, referred to in subsection (a), shall-- (1) make such prints available, without charge, to the Secretary of Homeland Security for the purpose described in subsection (a); and (2) otherwise cooperate with the Secretary of Homeland Security to facilitate the processing of applications for naturalization under subsection (a). (d) Electronic Transmission.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall, in coordination with the Secretary of Defense and the Director of the Federal Bureau of Investigation, implement procedures that will ensure the rapid electronic transmission of biometric information, including fingerprints, from existing repositories of such information needed for military personnel applying for naturalization as described in subsection (a) and that will safeguard privacy and civil liberties. (e) Centralization and Expedited Processing.-- (1) Centralization.--The Secretary of Homeland Security shall centralize the data processing of all applications for naturalization filed by members of the United States Armed Forces on active duty serving abroad. (2) Expedited processing.--The Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence shall take appropriate actions to ensure that applications for naturalization by members of the United States Armed Forces described in paragraph (1), and associated background checks, receive expedited processing and are adjudicated within 180 days of the receipt of responses to all background checks. SEC. 3. PROVISION OF INFORMATION ON MILITARY NATURALIZATION. (a) In General.--Not later than 30 days after the effective date of any modification to a regulation related to naturalization under section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439, 1440), the Secretary of Homeland Security shall make appropriate updates to the Internet sites maintained by the Secretary to reflect such modification. (b) Sense of Congress.--It is the sense of Congress that the Secretary of Homeland Security, not later than 180 days after each effective date described in subsection (a), should make necessary updates to the appropriate application forms of the Department of Homeland Security. SEC. 4. REPORTS. (a) Adjudication Process.-- (1) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the appropriate congressional committees on the entire process for the adjudication of an application for naturalization filed pursuant to section 328 or 329 of the Immigration and Nationality Act (8 U.S.C. 1439, 1440), including the process that-- (A) begins at the time the application is mailed to, or received by, the Secretary, regardless of whether the Secretary determines that such application is complete; and (B) ends on the date of the final disposition of such application. (2) Contents.--The report submitted under paragraph (1) shall include a description of-- (A) the methods used by the Secretary of Homeland Security and the Secretary of Defense to prepare, handle, and adjudicate such applications; (B) the effectiveness of the chain of authority, supervision, and training of employees of the Federal Government or of other entities, including contract employees, who have any role in such process or adjudication; and (C) the ability of the Secretary of Homeland Security and the Secretary of Defense to use technology to facilitate or accomplish any aspect of such process or adjudication and to safeguard privacy and civil liberties. (b) Implementation.-- (1) Study.--The Comptroller General of the United States and the Inspector General of the Department of Homeland Security shall conduct a study on the implementation of this Act by the Secretary of Homeland Security and the Secretary of Defense, including an assessment of any technology that may be used to improve the efficiency of the naturalization process for members of the United States Armed Forces and an assessment of the impact of this Act on privacy and civil liberties. (2) Report.--Not later than 180 days after the date on which the Secretary of Homeland Security submits the report required under subsection (a), the Comptroller General and the Inspector General shall submit a report to the appropriate congressional committees on the study required by paragraph (1) that includes recommendations for improving the implementation of this Act. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services of the Senate; (2) the Committee on Homeland Security and Governmental Affairs of the Senate; (3) the Committee on the Judiciary of the Senate; (4) the Committee on Armed Services of the House of Representatives; (5) the Committee on Homeland Security of the House of Representatives; and (6) the Committee on the Judiciary of the House of Representatives. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Kendell Frederick Citizenship Assistance Act - (Sec. 2) Directs the Secretary of Homeland Security (Secretary) to use the fingerprints provided by an individual at the time of military enlistment or at the time of applying for (immigration) status adjustment to satisfy any naturalization background or security requirements if: (1) the individual may be naturalized under the Immigration and Nationality Act, was fingerprinted in accordance with Department of Defense (DOD) requirements, and submits a naturalization application within 24 months of enlistment or provides the required biometric information at the time of application for status adjustment if filed within 24 months after enlistment; and (2) the Secretary determines that the biometric information provided, including fingerprints, is sufficient to conduct the naturalization background and security checks. Directs the Secretary to: (1) determine the format for biometric information, including fingerprints; (2) implement procedures for electronic transmission of biometric information that will safeguard privacy and civil liberties; and (3) provide for centralization of naturalization applications of active duty personnel serving abroad and such applications' expedited processing. (Sec. 3) Directs the Secretary to update the appropriate Internet websites to reflect naturalization law changes. Expresses the sense of Congress that the Secretary should make necessary updates to Department of Homeland Security (DHS) application forms. (Sec. 4) Directs the Secretary to report to the appropriate congressional committees with respect to the adjudication of military service-related naturalization applications. Directs the Comptroller General to conduct a study and report to the appropriate congressional committees with respect to implementation of this Act by the Secretaries of Homeland Security and Defense.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wounded Warrior Workforce Enhancement Act''. SEC. 2. ORTHOTICS AND PROSTHETICS EDUCATION IMPROVEMENT. (a) Grants Required.-- (1) In general.--The Secretary of Veterans Affairs shall award grants to eligible institutions to enable the eligible institutions-- (A) to establish a master's degree program in orthotics and prosthetics; or (B) to expand upon an existing master's degree program in orthotics and prosthetics, including by admitting more students, further training faculty, expanding facilities, or increasing cooperation with the Department of Veterans Affairs and the Department of Defense. (2) Priority.--The Secretary shall give priority in the award of grants under this section to eligible institutions that have entered into a partnership with a medical center or clinic administered by the Department of Veterans Affairs or a facility administered by the Department of Defense, including by providing clinical rotations at such medical center, clinic, or facility. (3) Grant amounts.--Grants awarded under this section shall be in amounts of not less than $1,000,000 and not more than $1,500,000. (b) Requests for Proposals.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, and not less frequently than annually thereafter for two years, the Secretary shall issue a request for proposals from eligible institutions for grants under this section. (2) Proposals.--An eligible institution that seeks the award of a grant under this section shall submit an application therefor to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including-- (A) demonstration of a willingness and ability to participate in a partnership described in subsection (a)(2); and (B) a commitment, and demonstration of an ability, to maintain an accredited orthotics and prosthetics education program after the end of the grant period. (c) Grant Uses.-- (1) In general.--An eligible institution awarded a grant under this section shall use grant amounts to carry out any of the following: (A) Building new or expanding existing orthotics and prosthetics master's degree programs. (B) Training doctoral candidates in fields related to orthotics and prosthetics to prepare them to instruct in orthotics and prosthetics programs. (C) Training faculty in orthotics and prosthetics education or related fields for the purpose of instruction in orthotics and prosthetics programs. (D) Salary supplementation for faculty in orthotics and prosthetics education. (E) Financial aid that allows eligible institutions to admit additional students to study orthotics and prosthetics. (F) Funding faculty research projects or faculty time to undertake research in the areas of orthotics and prosthetics for the purpose of furthering their teaching abilities. (G) Renovation of buildings or minor construction to house orthotics and prosthetics education programs. (H) Purchasing equipment for orthotics and prosthetics education. (2) Limitation on construction.--An eligible institution awarded a grant under this section may use not more than 50 percent of the grant amount to carry out paragraph (1)(G). (3) Admissions preference.--An eligible institution awarded a grant under this section shall give preference in admission to the orthotics and prosthetics master's degree programs to veterans, to the extent practicable. (4) Period of use of funds.--An eligible institution awarded a grant under this section may use the grant amount for a period of three years after the award of the grant. (d) Definitions.--In this section: (1) The term ``eligible institution'' means an educational institution that offers an orthotics and prosthetics education program that-- (A) is accredited by the National Commission on Orthotic and Prosthetic Education in cooperation with the Commission on Accreditation of Allied Health Education Programs; or (B) demonstrates an ability to meet the accreditation requirements for orthotic and prosthetic education from the National Commission on Orthotic and Prosthetic Education in cooperation with the Commission on Accreditation of Allied Health Education Programs if the institution receives a grant under this section. (2) The term ``veteran'' has the meaning given that term in section 101 of title 38, United States Code. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated for fiscal year 2018 for the Department of Veterans Affairs, $15,000,000 to carry out this section. The amount so authorized to be appropriated shall remain available for obligation until September 30, 2020. (2) Unobligated amounts to be returned to the treasury.-- Any amounts authorized to be appropriated by paragraph (1) that are not obligated by the Secretary as of September 30, 2020, shall be returned to the Treasury of the United States. SEC. 3. CENTER OF EXCELLENCE IN ORTHOTIC AND PROSTHETIC EDUCATION. (a) Grant for Establishment of Center.-- (1) In general.--The Secretary of Veterans Affairs shall award a grant to an eligible institution to enable the eligible institution-- (A) to establish the Center of Excellence in Orthotic and Prosthetic Education (in this section referred to as the ``Center''); and (B) to enable the eligible institution to improve orthotic and prosthetic outcomes for veterans, members of the Armed Forces, and civilians by conducting evidence-based research on-- (i) the knowledge, skills, and training most needed by clinical professionals in the field of orthotics and prosthetics; and (ii) how to most effectively prepare clinical professionals to provide effective, high-quality orthotic and prosthetic care. (2) Priority.--The Secretary shall give priority in the award of a grant under this section to an eligible institution that has in force, or demonstrates the willingness and ability to enter into, a memoranda of understanding with the Department of Veterans Affairs, the Department of Defense, or other appropriate Federal agency, or a cooperative agreement with an appropriate private sector entity, which memorandum of understanding or cooperative agreement provides for either, or both, of the following: (A) The provision of resources, whether in cash or in-kind, to the Center. (B) Assistance to the Center in conducting research and disseminating the results of such research. (3) Grant amount.--The grant awarded under this section shall be in the amount of $5,000,000. (b) Requests for Proposals.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue a request for proposals from eligible institutions for the grant under this section. (2) Proposals.--An eligible institution that seeks the award of the grant under this section shall submit an application therefor to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (c) Grant Uses.-- (1) In general.--The eligible institution awarded the grant under this section shall use the grant amount as follows: (A) To develop an agenda for orthotics and prosthetics education research. (B) To fund research in the area of orthotics and prosthetics education. (C) To publish or otherwise disseminate research findings relating to orthotics and prosthetics education. (2) Period of use of funds.--The eligible institution awarded the grant under this section may use the grant amount for a period of five years after the award of the grant. (d) Definitions.--In this section: (1) The term ``eligible institution'' means an educational institution that-- (A) has a robust research program; (B) offers an orthotics and prosthetics education program that is accredited by the National Commission on Orthotic and Prosthetic Education in cooperation with the Commission on Accreditation of Allied Health Education Programs; (C) is well recognized in the field of orthotics and prosthetics education; and (D) has an established association with-- (i) a medical center or clinic of the Department of Veterans Affairs; and (ii) a local rehabilitation hospital. (2) The term ``veteran'' has the meaning given that term in section 101 of title 38, United States Code. (e) Authorization of Appropriations.--There is authorized to be appropriated for fiscal year 2018 for the Department of Veterans Affairs, $5,000,000 to carry out this section.

Wounded Warrior Workforce Enhancement Act This bill directs the Department of Veterans Affairs (VA) to award grants to eligible institutions to: (1) establish a master's degree program in orthotics and prosthetics, or (2) expand upon an existing master's degree program in such area. The VA shall give grant priority to institutions that have entered into a partnership with a medical center administered by the VA or a facility administered by the Department of Defense. An "eligible institution" is an educational institution that is either accredited by the National Commission on Orthotic and Prosthetic Education or that demonstrates an ability to meet such accreditation requirements if it receives a grant. The bill requires the VA to award a grant to an institution with orthotic and prosthetic research and education experience to: (1) establish the Center of Excellence in Orthotic and Prosthetic Education; and (2) improve orthotic and prosthetic outcomes for veterans, members of the Armed Forces, and civilians by conducting orthotic and prosthetic research.

Wounded Warrior Workforce Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Antitrust Enforcement Act of 2009''. SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO RAIL CARRIERS. (a) Mergers and Acquisitions.--The last undesignated paragraph of section 7 of the Clayton Act (15 U.S.C. 18) is amended by inserting ``(excluding transactions involving a rail carrier as defined in section 10102 of title 49 of the United States Code)'' after ``Surface Transportation Board''. (b) Vesting of Authority in Antitrust Agencies.--Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by inserting ``(excluding a rail carrier as defined in section 10102 of such title)'' after ``Code''. (c) Injunctions.--The proviso in section 16 of the Clayton Act (15 U.S.C. 26) is amended by inserting ``, except against a rail carrier (as defined in section 10102 of such title)'' after ``Code''. (d) Federal Trade Commission Authority.--Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) is amended by adding at the end the following: ``For purposes of this paragraph with respect to unfair methods of competition, the term `common carriers' excludes a rail carrier as defined in section 10102 of title 49 of the United States Code.''. SEC. 3. TERMINATION OF ANTITRUST EXEMPTIONS IN TITLE 49. (a) In General.--Section 10706 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) beginning in the 3d sentence of paragraph (2)(A) by striking ``, and the Sherman Act (15 U.S.C. 1, et seq.),'' and all that follows through ``However, the'' and inserting ``. The'', (B) in paragraph (3)(B)-- (i) by striking ``(i)'', and (ii) by striking clause (ii), (C) in paragraph (4)-- (i) by striking the 2d sentence, and (ii) in the 3d sentence by striking ``However, the'' and inserting ``The'', and (D) in paragraph (5)(A) by striking ``, and the antitrust laws set forth in paragraph (2) of this subsection do not apply to parties and other persons with respect to making or carrying out the agreement'', (2) in subsection (d) by striking the last sentence, and (3) by striking subsection (e) and inserting the following: ``(e) Nothing in this section exempts an agreement approved, or submitted for approval, under subsection (a) from the application of the antitrust laws (as defined in subsection (a) of the 1st section of the Clayton Act, but including section 5 of the Federal Trade Commission Act to the extent such section 5 applies to unfair methods of competition). ``(f) In reviewing any agreement submitted for approval under subsection (a), the Board shall take into account, among any other considerations, the impact of such agreement on shippers, consumers, and affected communities. The Board shall make findings regarding such impact, which shall be-- ``(1) made part of the administrative record; ``(2) submitted to any other reviewing agency for consideration in making its determination; and ``(3) available in any judicial review of the Board's decision regarding such agreement.''. (b) Combinations.--Section 11321 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``The authority'' and inserting ``Subject to subsection (c), the authority'', and (B) in the 3d sentence by striking ``is exempt from the antitrust laws and from all other law,'' and inserting ``is exempt from all other law (except the laws referred to in subsection (c)),'', and (2) by adding at the end the following: ``(c) Nothing in this subchapter exempts a transaction described in subsection (a) from the application of the antitrust laws (as defined in subsection (a) of the 1st section of the Clayton Act, but including section 5 of the Federal Trade Commission Act to the extent such section 5 applies to unfair methods of competition). The preceding sentence shall not apply to any transaction relating to the pooling of railroad cars approved by the Surface Transportation Board or its predecessor agency pursuant to section 11322. ``(d) In reviewing any transaction described in subsection (a), the Board shall take into account, among any other considerations, the impact of the transaction on shippers and affected communities.''. (c) Conforming Amendments.-- (1) Heading.--The heading for section 10706 of title 49, United States Code, is amended to read as follows: ``Rate agreements''. (2) Analysis of sections.--The analysis of sections of chapter 107 of such title is amended by striking the item relating to section 10706 and insert the following: ``10706. Rate agreements.''. SEC. 4. CLARIFICATIONS REGARDING APPLICABILITY OF REGULATORY DOCTRINES. (a) Filed Rate Doctrine.--The antitrust laws shall apply to a rail carrier (as defined in section 10102 of title 49 of the United States Code), without regard to whether such rail carrier filed a rate or whether a complaint challenging a rate is filed. (b) Doctrine of Primary Jurisdiction.--In any civil action under the antitrust laws against a rail carrier (as defined in section 10102 of title 49 of the United States Code), the district court shall retain the discretion to defer to the jurisdiction of the Surface Transportation Board. (c) Definition.--For purposes of subsections (a) and (b), the term ``antitrust laws'' has the meaning given it in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)), but includes section 5 of the Federal Trade Commission Act to the extent such section 5 applies to unfair methods of competition. SEC. 5. EFFECTIVE DATE. (a) In General.--Except as provided in subsections (b) and (c), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Limitation.--No civil action under the antitrust laws may be filed with respect to any conduct or activity, including any agreement or provision thereof, that-- (1) concluded or terminated before the expiration of the 180-day period beginning on the date of the enactment of this Act, and (2) was exempted by statute from the antitrust laws as the result of an order of the Interstate Commerce Commission or the Surface Transportation Board issued before the date of the enactment of this Act. (c) Exclusion.--No civil action under the antitrust laws may be filed for the purpose of dissolving or otherwise undoing any merger, acquisition, or transfer of control consummated before the date of the enactment of this Act that was exempted by statute from the antitrust laws as the result of an order described in subsection (b)(2). (d) Definition.--For purposes of subsections (b) and (c), the term ``antitrust laws'' has the meaning given it in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)), but includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition.

Railroad Antitrust Enforcement Act of 2009 - Amends the Clayton Act to remove an exemption from coverage under the federal antitrust laws with respect to mergers and acquisitions involving rail carriers. Removes from the Surface Transportation Board (STB) the authority to enforce federal antitrust laws with respect to rail carriers (thus vesting such authority in the federal antitrust agencies). Removes: (1) the prohibition against a private party seeking injunctive relief against a rail carrier for a violation of the antitrust laws; and (2) the rail carrier exemption from the Federal Trade Commission (FTC) prohibition against unfair methods of competition. Amends federal transportation law to terminate the exemptions from antitrust laws for rail carriers, including mergers and acquisitions and ratemaking agreements. Requires the STB, when reviewing a proposed rate agreement, to take into account its impact upon shippers, consumers, and affected communities, and to make findings regarding such impact, which shall be made part of the administrative record. Makes federal antitrust laws applicable to rail carriers regardless of whether the carrier filed a rail carrier rate or whether a complaint challenging a rate is filed. Provides that, in any civil action against a rail carrier, the U.S. district court shall retain the discretion to defer to the jurisdiction of the STB. Sets forth an effective date for this Act as the date of enactment, but provides a 180-day grace period for conduct that was exempted under the antitrust laws before such date of enactment.

To amend the Federal antitrust laws to provide expanded coverage and to eliminate exemptions from such laws that are contrary to the public interest with respect to railroads.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Routine HIV Screening Coverage Act of 2009''. (b) Findings.--Congress finds the following: (1) HIV/AIDS continues to infect and kill thousands of Americans, 25 years after the first cases were reported. (2) It has been estimated that at least 1.6 million Americans have been infected with HIV since the beginning of the epidemic and over 500,000 of them have died. (3) The HIV/AIDS epidemic has disproportionately impacted African-Americans and Hispanic-Americans and its impact on women is growing. (4) It has been estimated that almost one quarter of those infected with HIV in the United States do not know they are infected. (5) Not all individuals who have been infected with HIV demonstrate clinical indications or fall into high risk categories. (6) The Centers for Disease Control and Prevention has determined that increasing the proportion of people who know their HIV status is an essential component of comprehensive HIV/AIDS treatment and prevention efforts and that early diagnosis is critical in order for people with HIV/AIDS to receive life-extending therapy. (7) On September 21, 2006, the Centers for Disease Control and Prevention released new guidelines that recommend routine HIV screening in health care settings for all patients aged 13- 64, regardless of risk. (8) Standard health insurance plans generally cover HIV screening when there are clinical indications of infection or when there are known risk factors present. (9) Requiring health insurance plans to cover routine HIV screening could play a critical role in preventing the spread of HIV/AIDS and allowing infected individuals to receive effective treatment. SEC. 2. COVERAGE FOR ROUTINE HIV SCREENING UNDER GROUP HEALTH PLANS, INDIVIDUAL HEALTH INSURANCE COVERAGE, AND FEHBP. (a) Group Health Plans.-- (1) Public health service act amendments.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2708. COVERAGE FOR ROUTINE HIV SCREENING. ``(a) Coverage.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for routine HIV screening under terms and conditions that are no less favorable than the terms and conditions applicable to other routine health screenings. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) deny coverage for routine HIV screening on the basis that there are no known risk factors present, or the screening is not clinically indicated, medically necessary, or pursuant to a referral, consent, or recommendation by any health care provider; ``(3) provide monetary payments, rebates, or other benefits to individuals to encourage such individuals to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section; ``(5) provide incentives (monetary or otherwise) to a provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or ``(6) deny to an individual participant or beneficiary continued eligibility to enroll or to renew coverage under the terms of the plan, solely because of the results of an HIV test or other HIV screening procedure for the individual or any other individual. ``(c) Rules of Construction.--Nothing in this section shall be construed-- ``(1) to require an individual who is a participant or beneficiary to undergo HIV screening; or ``(2) as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to HIV screening, except that such deductibles, coinsurance or other cost-sharing may not be greater than the deductibles, coinsurance, or other cost-sharing imposed on other routine health screenings. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 715(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(e) Preemption.--Nothing in this section shall be construed to preempt any State law in effect on the date of enactment of this section with respect to health insurance coverage that requires coverage of at least the coverage of HIV screening otherwise required under this section.''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 715. COVERAGE FOR ROUTINE HIV SCREENING. ``(a) Coverage.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for routine HIV screening under terms and conditions that are no less favorable than the terms and conditions applicable to other routine health screenings. ``(b) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) deny coverage for routine HIV screening on the basis that there are no known risk factors present, or the screening is not clinically indicated, medically necessary, or pursuant to a referral, consent, or recommendation by any health care provider; ``(3) provide monetary payments, rebates, or other benefits to individuals to encourage such individuals to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section; ``(5) provide incentives (monetary or otherwise) to a provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or ``(6) deny to an individual participant or beneficiary continued eligibility to enroll or to renew coverage under the terms of the plan, solely because of the results of an HIV test or other HIV screening procedure for the individual or any other individual. ``(c) Rules of Construction.--Nothing in this section shall be construed-- ``(1) to require an individual who is a participant or beneficiary to undergo HIV screening; or ``(2) as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to HIV screening, except that such deductibles, coinsurance or other cost-sharing may not be greater than the deductibles, coinsurance, or other cost-sharing imposed on other routine health screenings. ``(d) Notice Under Group Health Plan.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in any literature or correspondence made available or distributed by the plan or issuer and shall be transmitted-- ``(1) in the next mailing made by the plan or issuer to the participant or beneficiary; ``(2) as part of any yearly informational packet sent to the participant or beneficiary; or ``(3) not later than January 1, 2010; whichever is earliest. ``(e) Preemption, Relation to State Laws.-- ``(1) In general.--Nothing in this section shall be construed to preempt any State law in effect on the date of enactment of this section with respect to health insurance coverage that requires coverage of at least the coverage of HIV screening otherwise required under this section. ``(2) ERISA.--Nothing in this section shall be construed to affect or modify the provisions of section 514 with respect to group health plans.''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 715''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 714 the following new item: ``Sec. 715. Coverage for routine HIV screening.''. (3) Internal revenue code amendments.--(A) Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by inserting after section 9813 the following: ``SEC. 9814. COVERAGE FOR ROUTINE HIV SCREENING. ``(a) Coverage.--A group health plan shall provide coverage for routine HIV screening under terms and conditions that are no less favorable than the terms and conditions applicable to other routine health screenings. ``(b) Prohibitions.--A group health plan shall not-- ``(1) deny to an individual eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) deny coverage for routine HIV screening on the basis that there are no known risk factors present, or the screening is not clinically indicated, medically necessary, or pursuant to a referral, consent, or recommendation by any health care provider; ``(3) provide monetary payments, rebates, or other benefits to individuals to encourage such individuals to accept less than the minimum protections available under this section; ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section; ``(5) provide incentives (monetary or otherwise) to a provider to induce such provider to provide care to an individual participant or beneficiary in a manner inconsistent with this section; or ``(6) deny to an individual participant or beneficiary continued eligibility to enroll or to renew coverage under the terms of the plan, solely because of the results of an HIV test or other HIV screening procedure for the individual or any other individual. ``(c) Rules of Construction.--Nothing in this section shall be construed-- ``(1) to require an individual who is a participant or beneficiary to undergo HIV screening; or ``(2) as preventing a group health plan or issuer from imposing deductibles, coinsurance, or other cost-sharing in relation to HIV screening, except that such deductibles, coinsurance or other cost-sharing may not be greater than the deductibles, coinsurance, or other cost-sharing imposed on other routine health screenings.''. (B) The table of sections of such subchapter is amended by inserting after the item relating to section 9813 the following new item: ``Sec. 9814. Coverage for routine HIV screening.''. (C) Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9814''. (b) Application to Individual Health Insurance Coverage.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2753 the following new section: ``SEC. 2754. COVERAGE FOR ROUTINE HIV SCREENING. ``(a) In General.--The provisions of section 2708 (other than subsection (d)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 715(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2754''. (c) Application Under Federal Employees Health Benefits Program (FEHBP).--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p) A contract may not be made or a plan approved which does not comply with the requirements of section 2708 of the Public Health Service Act.''. (d) Effective Dates.--(1) The amendments made by subsections (a) and (c) apply with respect to group health plans and health benefit plans for plan years beginning on or after January 1, 2010. (2) The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2010. (e) Coordination of Administration.--The Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this section (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement.

Routine HIV Screening Coverage Act of 2009 - Amends the Public Health Service Act, the Employee Retirement Income Security Act (ERISA), and the Internal Revenue Code to require a group health plan to provide coverage for routine HIV screening under terms and conditions no less favorable than for other routine screenings. Prohibits such a plan from taking specified actions to avoid the requirements of this Act. Applies such requirements to health insurance coverage offered in the individual market and coverage offered under the Federal Employees Health Benefits Program (FEHBP).

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Regulating Act of 2000''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) increase the transparency of important regulatory decisions; (2) promote effective congressional oversight to ensure that agency rules fulfill statutory requirements in an efficient, effective, and fair manner; and (3) increase the accountability of Congress and the agencies to the people they serve. SEC. 3. DEFINITIONS. In this Act, the term-- (1) ``agency'' has the meaning given such term under section 3502(1) of title 44, United States Code, except that such term shall not include an independent regulatory agency, as that term is defined in section 3502(5) of such title; (2) ``economically significant rule'' means any proposed or final rule, including an interim or direct final rule, that may have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities, or for which an agency has prepared an initial or final regulatory flexibility analysis pursuant to section 603 or 604 of title 5, United States Code; and (3) ``independent evaluation'' means a substantive evaluation of the agency's data, methodology, and assumptions used in developing the economically significant rule, including-- (A) an explanation of how any strengths or weaknesses in those data, methodology, and assumptions support or detract from conclusions reached by the agency; and (B) the implications, if any, of those strengths or weaknesses for the rulemaking. SEC. 4. PILOT PROJECT FOR REPORT ON RULES. (a) In General.-- (1) Request for review.--When an agency publishes an economically significant rule, a chairman or ranking member of a committee of jurisdiction of either House of Congress may request the Comptroller General of the United States to review the rule. (2) Report.--The Comptroller General shall submit a report on each economically significant rule selected under paragraph (4) to the committees of jurisdiction in each House of Congress not later than 180 calendar days after a committee request is received, or in the case of a committee request for review of a notice of proposed rulemaking or an interim final rulemaking, by the end of the period for submission of comment regarding the rulemaking, if practicable. The report shall include an independent evaluation of the economically significant rule by the Comptroller General. (3) Independent evaluation.--The independent evaluation of the economically significant rule by the Comptroller General under paragraph (2) shall include-- (A) an evaluation of an agency's analysis of the potential benefits of the rule, including any beneficial effects that cannot be quantified in monetary terms and the identification of the persons or entities likely to receive the benefits; (B) an evaluation of an agency's analysis of the potential costs of the rule, including any adverse effects that cannot be quantified in monetary terms and the identification of the persons or entities likely to bear the costs; (C) an evaluation of an agency's analysis of alternative approaches set forth in the notice of proposed rulemaking and in the rulemaking record, as well as of any regulatory impact analysis, federalism assessment, or other analysis or assessment prepared by the agency or required for the economically significant rule; and (D) a summary of the results of the evaluation of the Comptroller General and the implications of those results. (4) Procedures for priorities of requests.--The Comptroller General shall have discretion to develop procedures for determining the priority and number of requests for review under paragraph (1) for which a report will be submitted under paragraph (2). (b) Authority of Comptroller General.--Each agency shall promptly cooperate with the Comptroller General in carrying out this Act. Nothing in this Act is intended to expand or limit the authority of the General Accounting Office. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the General Accounting Office to carry out this Act $5,200,000 for each of fiscal years 2001 through 2003. SEC. 6. EFFECTIVE DATE AND DURATION OF PILOT PROJECT. (a) Effective Date.--This Act shall take effect 90 days after the date of the enactment of this Act. (b) Duration of Pilot Project.--The pilot project under this Act shall continue for a period of 3 years, if in each fiscal year, or portion thereof included in that period, a specific annual appropriation not less than $5,200,000 or the pro-rated equivalent thereof shall have been made for the pilot project. (c) Report.--Before the conclusion of the 3-year period, the Comptroller General shall submit to Congress a report reviewing the effectiveness of the pilot project and recommending whether or not Congress should permanently authorize the pilot project. Passed the House of Representatives July 25, 2000. Attest: JEFF TRANDAHL, Clerk.

Authorizes appropriations for FY 2001 through 2003. Provides for the pilot project established under this Act to continue for a three-year period, if specified appropriations are provided. Requires the Comptroller General to report to Congress on such project's effectiveness and on whether it should be authorized permanently.

Truth in Regulating Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Savings Act of 2003''. SEC. 2. ESTABLISHMENT OF MEDICARE OPERATED PRESCRIPTION DRUG PLAN OPTION. (a) In General.--Subpart 2 of part D of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended by inserting after section 1860D-11 the following new section: ``medicare operated prescription drug plan option ``Sec. 1860D-11A. (a) In General.--Notwithstanding any other provision of this part, for each year (beginning with 2006), in addition to any plans offered under section 1860D-11, the Secretary shall offer a medicare operated prescription drug plan (as defined in subsection (c)) with a service area that consists of the entire United States and shall enter into negotiations with pharmaceutical manufacturers to reduce the purchase cost of covered part D drugs for eligible part D individuals in accordance with subsection (b). ``(b) Negotiations.--Notwithstanding section 1860D-11(i), for purposes of offering a medicare operated prescription drug plan under this section, the Secretary shall negotiate with pharmaceutical manufacturers with respect to the purchase price of covered part D drugs and shall encourage the use of more affordable therapeutic equivalents to the extent such practices do not override medical necessity as determined by the prescribing physician. To the extent practicable and consistent with the previous sentence, the Secretary shall implement strategies similar to those used by other Federal purchasers of prescription drugs, and other strategies, to reduce the purchase cost of covered part D drugs. ``(c) Medicare Operated Prescription Drug Plan Defined.--For purposes of this part, the term `medicare operated prescription drug plan' means a prescription drug plan that only offers the standard prescription drug coverage and access to negotiated prices described in section 1860D-2(a)(1)(A) and does not include any supplemental prescription drug coverage. ``(d) Monthly Beneficiary Premium.--The monthly beneficiary premium to be charged under a medicare operated prescription drug plan shall be uniform nationally and shall be determined by the Secretary related to the Secretary's estimate of the average monthly per capita actuarial cost, including administrative expenses, under the medicare operated prescription drug plan of providing coverage in the region, as calculated by the Chief Actuary of the Centers for Medicare & Medicaid Services. In calculating such administrative expenses, the Chief Actuary shall use a factor that is based on similar expenses of prescription drug plans that are not medicare operated prescription drug plans.''. (b) Conforming Amendments.-- (1) Section 1860D-3(a) of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, is amended by adding at the end the following new paragraph: ``(4) Availability of the medicare operated prescription drug plan.-- ``(A) In general.--A medicare operated prescription drug plan (as defined in section 1860D-11A(c)) shall be offered nationally in accordance with section 1860D- 11A. ``(B) Relationship to other plans.-- ``(i) In general.--Subject to clause (ii), a medicare operated prescription drug plan shall be offered in addition to any qualifying plan or fallback prescription drug plan offered in a PDP region and shall not be considered to be such a plan purposes of meeting the requirements of this subsection. ``(ii) Designation as a fallback plan.-- Notwithstanding any other provision of this part, the Secretary may designate the medicare operated prescription drug plan as the fallback prescription drug plan for any fallback service area (as defined in section 1860D-11(g)(3)) determined to be appropriate by the Secretary.''. (2) Section 1860D-13(c)(3) of such Act, as added by such section, is amended-- (A) in the heading, by inserting ``and medicare operated prescription drug plans'' after ``Fallback plans''; and (B) by inserting ``or a medicare operated prescription drug plan'' after ``a fallback prescription drug plan''. (3) Section 1860D-16(b)(1) of such Act, as added by such section, is amended-- (A) in subparagraph (C), by striking ``and'' after the semicolon at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and ``(E) payments for expenses incurred with respect to the operation of medicare operated prescription drug plans under section 1860D-11A.''. (4) Section 1860D-41(a) of such Act, as added by such section, is amended by adding at the end the following new paragraph: ``(19) Medicare operated prescription drug plan.--The term `medicare operated prescription drug plan' has the meaning given such term in section 1860D-11A(c).''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.

Medicare Prescription Drug Savings Act of 2003 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act, as added by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to direct the Secretary of Health and Human Services, for each year beginning with 2006, to: (1) offer a Medicare operated prescription drug plan nationally that only offers standard prescription drug coverage and access to negotiated prices, but not any supplemental prescription drug coverage; and (2) enter into negotiations with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs for eligible part D individuals, and encourage use of more affordable therapeutic equivalents. Requires the monthly beneficiary premium charged under such a plan to be uniform nationally and determined by the Secretary.

A bill to amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the medicare program.

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

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

State Marihuana And Regulatory Tolerance Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Improvement Tax Cut Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS TO CHARITABLE ORGANIZATIONS WHICH PROVIDE ELEMENTARY OR SECONDARY SCHOOL SCHOLARSHIPS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. CONTRIBUTIONS TO ORGANIZATIONS PROVIDING ELEMENTARY OR SECONDARY SCHOOL SCHOLARSHIPS. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified scholarship contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $3,000 ($1,500 in the case of a married individual (as determined under section 7703) filing a separate return). ``(c) Qualified Scholarship Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified scholarship contribution' means, with respect to any taxable year, the amount which would (but for subsection (d)) be allowable as a deduction under section 170 for cash contributions to a school tuition organization. ``(2) School tuition organization.-- ``(A) In general.--The term `school tuition organization' means any organization described in section 170(c)(2) if the annual disbursements of the organization for elementary and secondary school scholarships are normally not less than 90 percent of the sum of such organization's annual gross income and contributions and gifts. ``(B) Elementary and secondary school scholarship.--The term `elementary and secondary school scholarship' means any scholarship excludable from gross income under section 117 for expenses related to education at or below the 12th grade. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any contribution for which a credit is allowed under this section. ``(e) Election to Have Credit not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). ``(f) 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) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) 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. If any increase determined under the preceding sentence is not a multiple of $10, such increase shall be increased to the next highest multiple of $10. In the case of a married individual (as determined under section 7703) filing a separate return, the preceding sentence shall be applied by substituting `$5' for `$10' each place it appears. ``(g) Regulations.--The Secretary shall prescribe regulations to carry out this section, including regulations providing for claiming the credit under this section on Form 1040EZ.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``25C. Contributions to organizations providing elementary or secondary school scholarships.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. SEC. 3. CREDIT FOR CONTRIBUTIONS OF AND FOR INSTRUCTIONAL MATERIALS AND MATERIALS FOR EXTRACURRICULAR ACTIVITIES. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25C the following new section: ``SEC. 25D. CONTRIBUTIONS OF AND FOR INSTRUCTIONAL MATERIALS AND MATERIALS FOR EXTRACURRICULAR ACTIVITIES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified school materials contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $3,000 ($1,500 in the case of a married individual (as determined under section 7703) filing a separate return). ``(c) Qualified School Materials Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified school materials contribution' means, with respect to any taxable year, the amount which would (but for subsection (d)) be allowable as a deduction under section 170 for-- ``(A) any cash contribution to any elementary or secondary school if such contribution is designated to be used solely to acquire qualified school materials, ``(B) any contribution of qualified school materials to any elementary or secondary school, and ``(C) any cash contribution to a school materials organization. ``(2) Elementary or secondary school.--The term `elementary or secondary school' means any organization described in section 170(b)(1)(A)(ii) which provides education solely at or below the 12th grade. ``(3) School materials organization.-- ``(A) In general.--The term `school materials organization' means any organization described in section 170(c)(2) if-- ``(i) the primary function of the organization is to raise funds for elementary or secondary schools, and ``(ii) the annual disbursements of the organization for qualified school materials which are provided to elementary and secondary schools are normally not less than 90 percent of the sum of such organization's annual gross income and contributions and gifts. ``(B) Qualified school materials.--The term `qualified school materials' means-- ``(i) instructional materials and equipment, including library books and materials, computers, and computer software, and ``(ii) materials and equipment for school- sponsored extracurricular activities. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any contribution for which a credit is allowed under this section. ``(e) Election to Have Credit not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). ``(f) 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) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) 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. If any increase determined under the preceding sentence is not a multiple of $10, such increase shall be increased to the next highest multiple of $10. In the case of a married individual (as determined under section 7703) filing a separate return, the preceding sentence shall be applied by substituting `$5' for `$10' each place it appears. ``(g) Regulations.--The Secretary shall prescribe regulations to carry out this section, including regulations providing for claiming the credit under this section on Form 1040EZ.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25C the following new item: ``Sec. 25D. Contributions of and for instructional materials and materials for extracurricular activities.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Education Improvement Tax Cut Act - Amends the Internal Revenue Code to allow: (1) a tax credit up to $3,000 per year for contributions to a school tuition organization which distributes at least 90 percent of its annual gross income for elementary and secondary school scholarships; and (2) a tax credit up to $3,000 per year for contributions to a school materials organization which distributes at least 90 percent of its annual gross income to elementary and secondary schools for instructional materials and equipment and for materials and equipment for extracurricular activities.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for amounts contributed to charitable organizations which provide elementary or secondary school scholarships and for contributions of, and for, instructional materials and materials for extracurricular activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Credit for Charitable Contributions Act of 2003''. SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE CHARITIES PROVIDING ASSISTANCE TO THE POOR. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified charitable contributions which are paid by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed by subsection (a) for the taxable year shall not exceed $100 (twice such amount in the case of a joint return). ``(c) Qualified Charitable Contribution.--For purposes of this section, the term `qualified charitable contribution' means any charitable contribution (as defined in section 170(c)) made in cash to a qualified charity but only if the amount of each such contribution, and the recipient thereof, are identified on the return for the taxable year during which such contribution is made. ``(d) Qualified Charity.-- ``(1) In general.--For purposes of this section, the term `qualified charity' means, with respect to the taxpayer, any organization described in section 501(c)(3) and exempt from tax under section 501(a)-- ``(A) which is certified by the Secretary as meeting the requirements of paragraphs (2) and (3), ``(B) which is organized under the laws of the United States or of any State in which the organization is qualified to operate, and ``(C) which is required, or elects to be treated as being required, to file returns under section 6033. ``(2) Charity must primarily assist the poor.--An organization meets the requirements of this paragraph only if the predominant activity of such organization is the provision of services to individuals whose annual incomes generally do not exceed 150 percent of the official poverty line (as defined by the Office of Management and Budget). ``(3) Minimum expenditure requirement.-- ``(A) In general.--An organization meets the requirements of this paragraph only if the Secretary reasonably expects that the annual exempt purpose expenditures of such organization will not be less than 70 percent of the annual aggregate expenditures of such organization. ``(B) Exempt purpose expenditure.--For purposes of subparagraph (A)-- ``(i) In general.--The term `exempt purpose expenditure' means any expenditure to carry out the activity referred to in paragraph (2). ``(ii) Exceptions.--Such term shall not include-- ``(I) any administrative expense, ``(II) any expense for the purpose of influencing legislation (as defined in section 4911(d)), ``(III) any expense primarily for the purpose of fundraising, and ``(IV) any expense for litigation on behalf of any individual referred to in paragraph (2). ``(e) Time When Contributions Deemed Made.--For purposes of this section, at the election of the taxpayer, a contribution which is made not later than the time prescribed by law for filing the return for the taxable year (not including extensions thereof) shall be treated as made on the last day of such taxable year. ``(f) Coordination With Deduction for Charitable Contributions.-- ``(1) Credit in lieu of deduction.--The credit provided by subsection (a) for any qualified charitable contribution shall be in lieu of any deduction otherwise allowable under this chapter for such contribution. ``(2) Election to have section not apply.--A taxpayer may elect for any taxable year to have this section not apply. ``(g) Maximum Amount of Credit Adjusted for Inflation.--In the case of any taxable year beginning in a calendar year after 2003, the $100 amount contained in subsection (b) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $5.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Credit for certain charitable contributions.'' (c) Effective Date.--The amendments made by this section shall apply to contributions made after the 90th day after the date of the enactment of this Act in taxable years ending after such date.

Tax Credit for Charitable Contributions Act of 2003 - Amends the Internal Revenue Code to allow a taxpayer to elect a credit (in lieu of a deduction otherwise available) of up to $100 ($200 for joint filers) for cash contributions to a qualifying charity whose primary activity is assistance to the poor.

To amend the Internal Revenue Code of 1986 to provide a credit for charitable contributions to fight poverty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Audit and Accountability Act''. SEC. 2. APPOINTMENT OF FEDERAL RESERVE BANK PRESIDENTS BY THE PRESIDENT BY AND WITH THE CONSENT OF THE SENATE. (a) In General.--Section 4 of the Federal Reserve Act is amended by inserting after the 4th undesignated paragraph (12 U.S.C. 341; relating to general corporate powers) the following new subsection: ``(e) Bank Presidents and 1st Vice Presidents.-- ``(1) Appointment of president.--The President shall appoint, by and with the consent of the Senate, a president for each Federal reserve bank. ``(2) Appointment of 1st vice president.--The president of each Federal reserve bank shall appoint a first vice president for the bank. ``(3) Terms.--The president and first vice president shall be appointed for terms of 5 years. ``(4) Duty of president.--The president of a Federal reserve bank shall be the chief executive officer of the bank. ``(5) Duty of 1st vice president.--In addition to any other duties of the first vice president of a Federal reserve bank, the first vice president shall, in the absence or disability of the president or during a vacancy in the office of president, serve as chief executive officer of the bank. ``(6) Vacancy.--Whenever a vacancy shall occur in the office of the president or the first vice president, it shall be filled in the manner provided for the original appointment and the person so appointed shall hold office until the expiration of the term to which such person's predecessor was appointed.''. (b) Transition.-- (1) President.--The first appointment of the president for each Federal reserve bank which is made in accordance with the amendment made by subsection (a) shall take place upon the earlier of-- (A) the expiration of the term of the president of the bank who is serving in such office on the date of the enactment of this Act; or (B) the occurrence of the first vacancy in the office of president of the bank after the date of the enactment of this Act. (2) 1st vice president.--Notwithstanding any provision of the Federal Reserve Act, the term of the first vice president of any Federal reserve bank who was appointed to such position before the date of the enactment of this Act shall end as of the date on which the president of the bank is first appointed in accordance with the amendment made by subsection (a) and a first vice president shall be appointed in the manner provided by such amendment. (c) Technical and Conforming Amendment.--The subdivision designated ``Fifth.'' of the 4th undesignated paragraph of section 4 of the Federal Reserve Act (12 U.S.C. 341) is amended-- (1) in the 1st sentence, by striking ``a president, vice presidents, and''; and (2) by striking the 2d, 3d, and 4th sentences and inserting the following new sentence: ``All executive officers and all employees of the bank shall be directly responsible to the president of the bank.''. SEC. 3. GAO AUDITS OF FEDERAL RESERVE BOARD AND FEDERAL RESERVE BANKS REQUIRED; ITEMIZED BUDGETS. (a) Removal of Limitation on GAO Audits.--Section 714(b) of title 31, United States Code, is amended by striking the 2d sentence and inserting the following new sentence: ``In the case of any audit of the Board of Governors of the Federal Reserve System or any Federal reserve bank pursuant to the preceding sentence, the audit may not include transactions for or with a foreign central bank, government of a foreign country, or nonprivate international financing organization or any part of any discussion or communication among or between members of the Board of Governors of the Federal Reserve System or officers or employees of such Board which is related to any such transaction.''. (b) GAO Audit of Cash Vaults.--Section 714 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(e) Audit of Federal Reserve System Vault Facilities.-- ``(1) In general.--The Comptroller General of the United States shall audit the vault facilities of the Board of Governors of the Federal Reserve System and each Federal reserve bank at least once every 3 years to determine if a system of proper internal controls is being maintained with respect to each such facility. ``(2) Examination of reports of independent auditors.--The Comptroller General shall regularly examine the reports of independent auditors who examine any vault facility referred to in paragraph (1) to determine if such audits have been properly performed. ``(3) Report of significant problems.--The Comptroller General shall report any significant problem discovered with regard to any vault facility referred to in paragraph (1) or any audit described in paragraph (2) to-- ``(A) the Board of Governors of the Federal Reserve System; ``(B) the Inspector General of the Federal Reserve System; and ``(C) the chairperson and the ranking minority member of the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.''. (c) Itemized Budgets.--The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended by inserting after section 11A the following new section: ``SEC. 11B. ITEMIZED BUDGETS. ``(a) In General.--During the first 15 days of each regular session of Congress, the estimated receipts and proposed expenditures of the Board of Governors of the Federal Reserve System and all Federal Reserve Banks for the following fiscal year and the 2 succeeding fiscal years shall be transmitted to the Congress. ``(b) Form of Budget.--The budget submitted pursuant to subsection (a) shall be transmitted in the same form and shall meet the same requirements, other than the requirement relating to the budget message, as the budget of the United States Government transmitted in accordance with section 1105 of title 31, United States Code.''. SEC. 4. PROMPT PUBLIC DISCLOSURE OF OPEN MARKET COMMITTEE MEETINGS. Section 12A of the Federal Reserve Act (12 U.S.C. 263) is amended by adding at the end the following new subsection: ``(d) Prompt Public Disclosures of Meetings.-- ``(1) Transcription of each meeting.--Subject to paragraph (3), a written verbatim transcript of the discussion at each meeting of the Federal Open Market Committee shall be maintained by the Board and made available to the public before the end of the 1-year period beginning on the date of the meeting and shall be treated as a Government publication for purposes of making such material available to depository libraries through the facilities of the Superintendent of Documents in accordance with chapter 19 of title 41, United States Code. ``(2) Prompt disclosure of policy actions.--An explicit, written description of any determination, decision, directive, or other conclusion made by the Federal Open Market Committee at any meeting of the committee, including any directive or instruction sent to any Federal reserve bank or Federal reserve agent in connection with any open market operation, shall be made available to the public by the end of the 1-hour period beginning at the time the Board or any such bank or agent begins to implement any such determination, decision, directive, conclusion, directive, or instruction. ``(3) Limited redaction authority.-- ``(A) In general.--No verbatim transcript made available to the public pursuant to paragraph (1) may be redacted in any way other than to redact a specific reference to a foreign central bank. ``(B) Compliance audit.--The Comptroller General of the United States shall periodically audit compliance by the Board with the requirements of subparagraph (A). ``(4) Release of prior transcripts.--All transcripts maintained by the Board of any meeting of the Federal Open Market Committee which was held more than 1 year before the date of the enactment of the Federal Reserve Audit and Accountability Act shall be made available to the public in the manner provided under paragraph (1) no later than December 31, 1997. ``(5) Meeting includes executive session.--For purposes of this subsection, the term `meeting' includes any executive session of the Federal Open Market Committee or any informal meeting, teleconference call, or other occasion at which a quorum of the members of the committee are participating.''. SEC. 23. PRESIDENTIALLY APPOINTED INSPECTOR GENERAL FOR FEDERAL RESERVE SYSTEM. (a) Amendments to the Inspector General Act of 1978.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in section 11-- (A) in paragraph (1), by inserting ``the Chairman of the Board of Governors of the Federal Reserve System;'' after ``the Chairperson of the Federal Deposit Insurance Corporation;''; and (B) in paragraph (2), by inserting ``the Board of Governors of the Federal Reserve System,'' after ``the Federal Deposit Insurance Corporation,''; (2) by redesignating section 8H as 8I and inserting after section 8G the following new section: ``SEC. 8H. SPECIAL PROVISIONS CONCERNING THE FEDERAL RESERVE BOARD. ``(a) Delegation.--The Chairman of the Board of Governors of the Federal Reserve System may delegate the authority specified in the second sentence of section 3(a) to the Vice Chairman of the Board of Governors of the Federal Reserve System, but may not delegate such authority to any other officer or employee of the Board or any Federal reserve bank. ``(b) Personnel.--Notwithstanding paragraphs (7) and (8) of section 6(a), the Inspector General of the Board of Governors of the Federal Reserve System may select, appoint, and employ such officers and employees as may be necessary for carrying out the functions, powers, and duties of the Office of Inspector General and to obtain the temporary or intermittent services of experts or consultants or an organization of experts or consultants, subject to the applicable laws and regulations that govern such selections, appointments, and employment, and the obtaining of such services, with the Federal Reserve System. ``(c) Clarification of Authority.--The authority of the Inspector General of the Board of Governors of the Federal Reserve System extends to the conditions, operations, and all facilities of the Federal reserve banks.''; (3) in section 8I, as so redesignated, by striking ``or 8E'' and inserting ``8E, or 8H''; and (4) in section 8G(a)(2), by striking ``the Board of Governors of the Federal Reserve System,''. (b) Position at Level IV of the Executive Schedule.--Section 5315 of title 5, United States Code, is amended by inserting after ``Inspector General, Federal Deposit Insurance Corporation.'' the following: ``Inspector General, Board of Governors of the Federal Reserve System.''. (c) Transition Period.-- (1) Current service.--Except as otherwise provided by law, the individual serving as the Inspector General of the Board of Governors of the Federal Reserve System before the date of enactment of this Act may continue to serve in such position until the earlier of-- (A) the date on which the President appoints a successor under section 3(a) of the Inspector General Act of 1978; or (B) the date which is 6 months after the date of enactment of this Act. (2) Definition.--For purposes of paragraph (1), the term ``successor'' may include the individual holding the position of Inspector General of the Board of Governors of the Federal Reserve System on or after the date of enactment of this Act.

Federal Reserve Audit and Accountability Act - Amends the Federal Reserve Act to declare that the president and first vice-president of each Federal reserve bank shall be appointed by the President, with the consent of the Senate. (Currently such appointment authority is exercised by each Federal reserve bank's board of directors.) Amends Federal law to remove specified limitations placed upon General Accounting Office audits of the Federal Reserve Board and Federal reserve banks. Directs the Comptroller General to audit at least triennially the vault facilities of the Board of Governors of the Federal Reserve System (the Board). Requires the Board and all Federal reserve banks to transmit their estimated receipts and proposed expenditures to the Congress during the first 15 days of each regular session. Mandates prompt public disclosure of Federal Open Market Committee meetings and actions, including policy actions and prior transcripts. Amends the Inspector General Act of 1978 to establish for the Board an Office of the Inspector General, with the Inspector General appointed by the President, subject to Senate advice and consent. Permits the Chairman of the Board to delegate authority for general supervision of the Inspector General to the Vice Chairman, but to no one else. Declares that the Inspector General's authority extends to the conditions, operations, and all facilities of the Federal reserve banks.

Federal Reserve Audit and Accountability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assault Weapons Ban and Law Enforcement Protection Act of 2003''. SEC. 2. DEFINITIONS. (a) In General.--Section 921(a)(30) of title 18, United States Code, is amended to read as follows: ``(30) The term `semiautomatic assault weapon' means any of the following: ``(A) The following rifles or copies or duplicates thereof: ``(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93, VEPR; ``(ii) AR-10; ``(iii) AR-15, Bushmaster XM15, Armalite M15, or Olympic Arms PCR; ``(iv) AR70; ``(v) Calico Liberty; ``(vi) Dragunov SVD Sniper Rifle or Dragunov SVU; ``(vii) Fabrique National FN/FAL, FN/LAR, or FNC; ``(viii) Hi-Point Carbine; ``(ix) HK-91, HK-93, HK-94, or HK-PSG-1; ``(x) Kel-Tec Sub Rifle; ``(xi) M1 Carbine; ``(xii) Saiga; ``(xiii) SAR-8, SAR-4800; ``(xiv) SKS with detachable magazine; ``(xv) SLG 95; ``(xvi) SLR 95 or 96; ``(xvii) Steyr AUG; ``(xviii) Sturm, Ruger Mini-14; ``(xix) Tavor; ``(xx) Thompson 1927, Thompson M1, or Thompson 1927 Commando; or ``(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter, or Galil Sniper Rifle (Galatz). ``(B) The following pistols or copies or duplicates thereof: ``(i) Calico M-110; ``(ii) MAC-10, MAC-11, or MPA3; ``(iii) Olympic Arms OA; ``(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10; or ``(v) Uzi. ``(C) The following shotguns or copies or duplicates thereof: ``(i) Armscor 30 BG; ``(ii) SPAS 12 or LAW 12; ``(iii) Striker 12; or ``(iv) Streetsweeper. ``(D) A semiautomatic rifle that has an ability to accept a detachable magazine, and that has-- ``(i) a folding or telescoping stock; ``(ii) a threaded barrel; ``(iii) a pistol grip; ``(iv) a forward grip; or ``(v) a barrel shroud. ``(E)(i) Except as provided in clause (ii), a semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds. ``(ii) Clause (i) shall not apply to an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. ``(F) A semiautomatic pistol that has the ability to accept a detachable magazine, and has-- ``(i) a second pistol grip; ``(ii) a threaded barrel; ``(iii) a barrel shroud; or ``(iv) the capacity to accept a detachable magazine at a location outside of the pistol grip. ``(G) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. ``(H) A semiautomatic shotgun that has-- ``(i) a folding or telescoping stock; ``(ii) a pistol grip; ``(iii) the ability to accept a detachable magazine; or ``(iv) a fixed magazine capacity of more than 5 rounds. ``(I) A shotgun with a revolving cylinder. ``(J) A frame or receiver that is identical to, or based substantially on the frame or receiver of, a firearm described in any of subparagraphs (A) through (I) or (L). ``(K) A conversion kit. ``(L) A semiautomatic rifle or shotgun originally designed for military or law enforcement use, or a firearm based on the design of such a firearm, that is not particularly suitable for sporting purposes, as determined by the Attorney General. In making the determination, there shall be a rebuttable presumption that a firearm procured for use by the United States military or any Federal law enforcement agency is not particularly suitable for sporting purposes, and a firearm shall not be determined to be particularly suitable for sporting purposes solely because the firearm is suitable for use in a sporting event.''. (b) Related Definitions.--Section 921(a) of such title is amended by adding at the end the following: ``(36) Barrel shroud.--The term `barrel shroud' means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel, but does not include a slide that encloses the barrel, and does not include an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. ``(37) Conversion kit.--The term `conversion kit' means any part or combination of parts designed and intended for use in converting a firearm into a semiautomatic assault weapon, and any combination of parts from which a semiautomatic assault weapon can be assembled if the parts are in the possession or under the control of a person. ``(38) Detachable magazine.--The term `detachable magazine' means an ammunition feeding device that can readily be inserted into a firearm. ``(39) Fixed magazine.--The term `fixed magazine' means an ammunition feeding device contained in, or permanently attached to, a firearm. ``(40) Folding or telescoping stock.--The term `folding or telescoping stock' means a stock that folds, telescopes, or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm. ``(41) Forward grip.--The term `forward grip' means a grip located forward of the trigger that functions as a pistol grip. ``(42) Pistol grip.--The term `pistol grip' means a grip, a thumbhole stock, or any other characteristic that can function as a grip. ``(43) Threaded barrel.--The term `threaded barrel' means a feature or characteristic that is designed in such a manner to allow for the attachment of a firearm as defined in section 5845(a) of the National Firearms Act (26 U.S.C. 5845(a)).''. SEC. 3. ELIMINATION OF SUNSET. Section 110105 of the Violent Crime Control and Law Enforcement Act of 1994 is amended-- (1) by striking ``--'' and all that follows through ``(1)''; and (2) by striking ``; and'' and all that follows through ``that date''. SEC. 4. GRANDFATHER PROVISIONS. Section 922(v)(2) of title 18, United States Code, is amended-- (1) by inserting ``(A)'' after ``(2)''; (2) by striking ``on the date of the enactment of this subsection'' and inserting ``as of September 13, 1994''; and (3) by adding after and below the end the following: ``(B) Paragraph (1) shall not apply to any firearm the possession or transfer of which would (but for this subparagraph) be unlawful by reason of this subsection, and which is otherwise lawfully possessed on the date of the enactment of this subparagraph.''. SEC. 5. REPEAL OF CERTAIN EXEMPTIONS. Section 922(v)(3) of title 18, United States Code, is amended by striking ``(3)'' and all that follows through the 1st sentence and inserting the following: ``(3) Paragraph (1) shall not apply to any firearm that-- ``(A) is manually operated by bolt, pump, level, or slide action; ``(B) has been rendered permanently inoperable; or ``(C) is an antique firearm.''. SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE TRANSFER OF LAWFULLY POSSESSED SEMIAUTOMATIC ASSAULT WEAPONS. Section 922(v) of title 18, United States Code, is amended by adding at the end the following: ``(5) It shall be unlawful for any person to transfer a semiautomatic assault weapon to which paragraph (1) does not apply, except through-- ``(A) a licensed dealer, and for purposes of subsection (t) in the case of such a transfer, the weapon shall be considered to be transferred from the business inventory of the licensed dealer and the dealer shall be considered to be the transferor; or ``(B) a State or local law enforcement agency if the transfer is made in accordance with the procedures provided for in subsection (t) of this section and section 923(g). ``(6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit the record to the Congress and make the record available to the general public.''. SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR TRANSFER OF A LARGE CAPACITY AMMUNITION FEEDING DEVICE. (a) Ban on Transfer of Semiautomatic Assault Weapon With Large Capacity Ammunition Feeding Device.-- (1) In general.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: ``(z) It shall be unlawful for any person to transfer any assault weapon with a large capacity ammunition feeding device.''. (2) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(8) Whoever knowingly violates section 922(z) shall be fined under this title, imprisoned not more than 10 years, or both.''. (b) Certification Requirement.-- (1) In general.--Section 922(w) of such title is amended-- (A) in paragraph (2), by striking ``on or before the date of enactment of this subsection'' and inserting ``in the United States on or before September 13, 1994''; (B) in paragraph (3)-- (i) by adding ``or'' at the end of subparagraph (B); and (ii) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C); and (C) by striking paragraph (4) and inserting the following: ``(4) It shall be unlawful for a licensed manufacturer, licensed importer, or licensed dealer who transfers a large capacity ammunition feeding device that was manufactured on or before September 13, 1994, to fail to certify to the Attorney General before the end of the 60-day period that begins with the date of the transfer, in accordance with regulations prescribed by the Attorney General, that the device was manufactured on or before September 13, 1994.''. (2) Penalties.--Section 924(a) of such title is further amended by adding at the end the following: ``(9) Whoever knowingly violates section 922(w)(4) shall be fined under this title, imprisoned not more than 5 years, or both.''. SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES. Section 922(x) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking the period and inserting a semicolon; and (B) by adding at the end the following: ``(C) a semiautomatic assault weapon; or ``(D) a large capacity ammunition feeding device.''; and (2) in paragraph (2)-- (A) in subparagraph (B), by striking the period and inserting a semicolon; and (B) by adding at the end the following: ``(C) a semiautomatic assault weapon; or ``(D) a large capacity ammunition feeding device.''. SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE. (a) In General.--Section 922(w) of title 18, United States Code, as amended by section 7(b)(1) of this Act, is further amended-- (1) in paragraph (1), by striking ``(1) Except as provided in paragraph (2)'' and inserting ``(1)(A) Except as provided in subparagraph (B)''; (2) in paragraph (2), by striking ``(2) Paragraph (1)'' and inserting ``(B) Subparagraph (A)''; and (3) by inserting before paragraph (3) the following: ``(2) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device.''. (b) Conforming Amendment.--Section 921(a)(31)(A) of such title is amended by striking ``manufactured after the date of enactment of the Violent Crime Control and Law Enforcement Act of 1994''.

Assault Weapons Ban and Law Enforcement Protection Act of 2003 - Amends Federal firearms provisions to revise the definition of "semiautomatic assault weapon" (SAW) to include conversion kits (for converting a firearm to a SAW) and any semiautomatic rifle or pistol that has an ability to accept a detachable magazine and that has any one of the following characteristics, respectively: (1) a folding or telescoping stock, a threaded barrel, a pistol grip, a forward grip, or a barrel shroud; or (2) a second pistol grip, a threaded barrel, a barrel shroud, or the capacity to accept a detachable magazine at a location outside of the pistol grip. Amends: (1) the Brady Handgun Violence Prevention Act to reauthorize the assault weapons ban and add new restrictions; and (2) the Public Safety and Recreational Firearms Use Protection Act to repeal the sunset provision regarding restrictions on large capacity ammunition feeding devices (LCAFDs) and on specified SAWs. Modifies the exemptions from the Brady Act's prohibition against manufacturing, transferring, or possessing a semiautomatic assault weapon to exclude: (1) specified firearms, or replicas or duplicates, as manufactured on October 1, 1993; (2) any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds; and (3) any semiautomatic shotgun that cannot hold more than five rounds in a fixed or detachable magazine. Prohibits the transfer of a SAW except through a licensed dealer or a State or local law enforcement agency, subject to specified requirements. Directs the Attorney General to: (1) establish and maintain a record of the make, model, and date of manufacture of any SAW which the Attorney General is made aware has been used in relation to a crime, and of the nature and circumstances of the crime involved; and (2) annually submit the record to Congress and make the record available to the public. Prohibits: (1) the transfer of any assault weapon with an LCAFD; and (2) a licensed manufacturer, importer, or dealer who transfers an LCAFD that was manufactured on or before September 13, 1994, from failing to certify to the Attorney General, within 60 days of the transfer date, that the device was manufactured on or before that date. Sets penalties for violations. Prohibits: (1) the transfer of a SAW or an LCAFD to a juvenile; and (2) the importation of an LCAFD.

To reauthorize the assault weapons ban, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maximize Offshore Resource Exploration Act of 2009'' or the ``MORE Act of 2009''. SEC. 2. TERMINATION OF PROHIBITIONS ON EXPENDITURES FOR, AND WITHDRAWALS FROM, OFFSHORE OIL AND GAS LEASING. (a) Prohibitions on Expenditures.--All provisions of Federal law that prohibit the expenditure of appropriated funds to conduct oil and natural gas leasing and preleasing activities for any area of the Outer Continental Shelf shall have no force or effect with respect to such activities. (b) Revocation Withdrawals.--All withdrawals of Federal submerged lands of the Outer Continental Shelf from leasing, including withdrawals by the President under the authority of section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby revoked and are no longer in effect with respect to the leasing of areas for exploration for, and development and production of, oil and natural gas. SEC. 3. OUTER CONTINENTAL SHELF OIL AND NATURAL GAS LEASING PROGRAM. The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by inserting after section 9 the following: ``SEC. 10. STATE APPROVAL REQUIREMENT WITH RESPECT TO OIL AND NATURAL GAS LEASING. ``(a) In General.--The Secretary may not issue any lease authorizing exploration for, or development of, oil and natural gas in any area of the Outer Continental Shelf that is located within 25 miles of the coastline of a State unless the State has enacted a law approving of the issuance of such leases by the Secretary. ``(b) State Approval Permanent.--Repeal of such a law by a State shall have no effect for purposes of subsection (a).''. SEC. 4. SHARING OF REVENUES. (a) In General.--Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)) is amended-- (1) in paragraph (2) by striking ``Notwithstanding'' and inserting ``Except as provided in paragraph (6), and notwithstanding''; (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8); and (3) by inserting after paragraph (5) the following: ``(6) Royalties under qualified oil and gas leases.-- ``(A) In general.--Except as provided in subparagraph (B), of amounts received by the United States as royalties under any qualified oil and gas lease on submerged lands that are located within the seaward boundaries of a State established under section 4(a)(2)(A)-- ``(i) 12.5 percent shall be deposited in the general fund of the Treasury; ``(ii) 12.5 percent shall be deposited in the Renewable Energy Reserve established by section 5 of the MORE Act of 2009; and ``(iii) 75 percent shall be paid to the States that are producing States with respect to those submerged lands. ``(B) Lease tracts within 25 miles of the coastline.--Of amounts received by the United States as royalties under any qualified oil and gas lease on submerged lands that are located within 25 miles of the coastline of a State and within the seaward boundaries of a State established under section 4(a)(2)(A)-- ``(i) 5 percent shall be deposited in the general fund of the Treasury; ``(ii) 5 percent shall be deposited in the Renewable Energy Reserve established by section 5 of the MORE Act of 2009; and ``(iii) 90 percent shall be paid to the States that are producing States with respect to those submerged lands. ``(C) Leased tract that lies partially within the seaward boundaries of a state.--In the case of a leased tract that lies partially within the seaward boundaries of a State, the amounts of royalties from such tract that are subject to subparagraph (A) or (B), as applicable, with respect to such State shall be a percentage of the total amounts of royalties from such tract that is equivalent to the total percentage of surface acreage of the tract that lies within such seaward boundaries. ``(D) Definitions.--In this paragraph: ``(i) Adjacent state.--The term `adjacent State' means, with respect to any program, plan, lease sale, leased tract or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, any State the laws of which are declared, pursuant to section 4(a)(2), to be the law of the United States for the portion of the Outer Continental Shelf on which such program, plan, lease sale, leased tract, or activity appertains or is, or is proposed to be, conducted. ``(ii) Adjacent zone.--The term `adjacent zone' means, with respect to any program, plan, lease sale, leased tract, or other activity, proposed, conducted, or approved pursuant to the provisions of this Act, the portion of the Outer Continental Shelf for which the laws of a particular adjacent State are declared, pursuant to section 4(a)(2), to be the law of the United States. ``(iii) Producing state.--The term `producing State' means an Adjacent State having an adjacent zone containing leased tracts from which are derived royalties under a lease under this Act. ``(iv) State.--The term `State' includes Puerto Rico and the other territories of the United States. ``(v) Qualified oil and gas lease.--The term `qualified oil and gas lease' means a lease under this Act granted after the date of the enactment of the Maximize Offshore Resource Exploration Act of 2009 that authorizes development and production of oil and natural gas and associated condensate. ``(E) Application.--This paragraph shall apply to royalties received by the United States after September 30, 2009.''. (b) Establishment of State Seaward Boundaries.--Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the first sentence by striking ``, and the President'' and all that follows through the end of the sentence and inserting the following: ``. Such extended lines are deemed to be as indicated on the maps for each Outer Continental Shelf region entitled `Alaska OCS Region State Adjacent Zone and OCS Planning Areas', `Pacific OCS Region State Adjacent Zones and OCS Planning Areas', `Gulf of Mexico OCS Region State Adjacent Zones and OCS Planning Areas', and `Atlantic OCS Region State Adjacent Zones and OCS Planning Areas', all of which are dated September 2005 and on file in the Office of the Director, Minerals Management Service. The preceding sentence shall not apply with respect to the treatment under section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109- 432) of qualified Outer Continental Shelf revenues deposited and disbursed under subsection (a)(2) of that section.''. SEC. 5. RENEWABLE ENERGY RESERVE. (a) In General.--For budgetary purposes, there is established a separate account in the Treasury to be known as the ``Renewable Energy Reserve''. (b) Contents.--The Renewable Energy Reserve shall consist of amounts deposited into it under subparagraphs (A) and (B) of paragraph (6) of section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)), as amended by this Act. (c) Use.--The Renewable Energy Reserve shall be available to offset the cost of legislation enacted after the date of the enactment of this Act-- (1) to accelerate the use of cleaner domestic energy resources and alternative fuels; (2) to promote the utilization of energy-efficient products and practices; and (3) to increase research, development, and deployment of clean renewable energy and efficiency technologies and job training programs for those purposes. (d) Procedure for Adjustments.-- (1) Budget committee chairman.--After the reporting of a bill or joint resolution, or the offering of an amendment thereto or the submission of a conference report thereon, providing funding for the purposes set forth in subsection (c) in excess of the amounts provided for those purposes for fiscal year 2009, the chairman of the Committee on the Budget of the applicable House of Congress shall make the adjustments set forth in paragraph (2) for the amount of new budget authority and outlays in that measure and the outlays flowing from that budget authority. (2) Matters to be adjusted.--The adjustments referred to in paragraph (1) are to be made to-- (A) the discretionary spending limits, if any, set forth in the appropriate concurrent resolution on the budget; (B) the allocations made pursuant to the appropriate concurrent resolution on the budget pursuant to section 302(a) of Congressional Budget Act of 1974; and (C) the budget aggregates contained in the appropriate concurrent resolution on the budget as required by section 301(a) of Congressional Budget Act of 1974. (3) Amounts of adjustments.--The adjustments referred to in paragraphs (1) and (2) shall not exceed the total of the receipts over a 10-year period, as estimated by the Congressional Budget Office upon the enactment of this Act.

Maximize Offshore Resource Exploration Act of 2008 or the MORE Act of 2008 - Declares without force or effect all federal prohibitions against the expenditure of appropriated funds to conduct natural gas leasing and preleasing activities for any area of the Outer Continental Shelf (OCS). Revokes all withdrawals of federal submerged lands from leasing for oil and natural gas exploration and production. Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from granting an oil or natural gas lease for any OCS located within 25 miles of a state coastline unless the state has enacted a law approving the issuance of such leases by the Sectretary. Sets forth an allocation schedule for a 75% state share of revenues derived from U.S. royalties under qualified oil and gas leases on submerged lands located within the seaward boundaries of a state. Extends the jurisdiction of state civil and criminal law, as appropriate, to the Alaska, Pacific, Gulf of Mexico, and Atlantic OCS Region State Adjacent Zones and OCS Planning Areas. Establishes a separate account in the Treasury to be known as the Renewable Energy Reserve, consisting of 12.5% of revenues derived from U.S. royalties under such oil and gas leases. Makes the Reserve available to offset the cost of subsequently enacted legislation to: (1) accelerate the use of cleaner domestic energy resources and alternative fuels; (2) promote the utilization of energy-efficient products and practices; and (3) increase research, development, and deployment of clean renewable energy and efficiency technologies and job training programs for those purposes.

To greatly enhance the Nation's environmental, energy, economic, and national security by terminating long-standing Federal prohibitions on the domestic production of abundant offshore supplies of oil and natural gas, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Social Security Expansion Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Across-the-board benefit increase. Sec. 3. Computation of cost-of-living increases. Sec. 4. Increase in minimum benefit for lifetime low earners based on years in the workforce. Sec. 5. Payroll tax on remuneration up to contribution and benefit base and more than $250,000. Sec. 6. Tax on net earnings from self-employment up to contribution and benefit base and more than $250,000. Sec. 7. Tax on investment gain. SEC. 2. ACROSS-THE-BOARD BENEFIT INCREASE. Section 215(a)(1)(B) of the Social Security Act (42 U.S.C. 415(a)(1)(B)) is amended-- (1) by redesignating clause (iii) as clause (iv); and (2) by inserting after clause (ii) the following new clause: ``(iii) For individuals who initially become eligible for old-age or disability insurance benefits, or who die (before becoming eligible for such benefits) in any calendar year after 2020, the amount determined under clause (i) of this subparagraph for purposes of subparagraph (A)(i) for such calendar year shall be increased by-- ``(I) for calendar year 2021, 1 percent; ``(II) for each of calendar years 2022 through 2034, the percent determined under this clause for the preceding year increased by 1 percentage point; and ``(III) for calendar year 2035 and each year thereafter, 15 percent.''. SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. (a) In General.--Section 215(i)(1) of the Social Security Act (42 U.S.C. 415(i)(1)) is amended by adding at the end the following new subparagraph: ``(H) the term `Consumer Price Index' means the Consumer Price Index for Elderly Consumers (CPI-E, as published by the Bureau of Labor Statistics of the Department of Labor).''. (b) Application to Pre-1979 Law.-- (1) In general.--Section 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended by adding at the end the following new subparagraph: ``(D) the term `Consumer Price Index' means the Consumer Price Index for Elderly Consumers (CPI-E, as published by the Bureau of Labor Statistics of the Department of Labor).''. (2) Conforming change.--Section 215(i)(4) of the Social Security Act (42 U.S.C. 415(i)(4)) is amended by inserting ``and by section 102 of the Social Security Expansion Act'' after ``1986''. (c) No Effect on Adjustments Under Other Laws.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended by adding at the end the following: ``(6) Any provision of law (other than in this title, title VIII, or title XVI) which provides for adjustment of an amount based on a change in benefit amounts resulting from a determination made under this subsection shall be applied and administered without regard to the amendments made by section 102 of the Social Security Expansion Act.''. (d) Publication of Consumer Price Index for Elderly Consumers.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish the index authorized by section 191 of the Older Americans Amendments Act of 1987 (29 U.S.C. 2 note) for each calendar month, beginning with July of the calendar year following the calendar year in which this Act is enacted, and such index shall be known as the ``Consumer Price Index for Elderly Consumers''. (e) Effective Date.--The amendments made by subsection (a) shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. SEC. 4. INCREASE IN MINIMUM BENEFIT FOR LIFETIME LOW EARNERS BASED ON YEARS IN THE WORKFORCE. (a) In General.--Section 215(a)(1) of the Social Security Act (42 U.S.C. 415(a)(1)) is amended-- (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C) the following new subparagraph: ``(D)(i) Effective with respect to the benefits of individuals who become eligible for old-age insurance benefits or disability insurance benefits (or die before becoming so eligible) after 2015, no primary insurance amount computed under subparagraph (A) may be less than the greater of-- ``(I) the minimum monthly amount computed under subparagraph (C); or ``(II) in the case of an individual who has more than 10 years of work (as defined in clause (iv)(I)), the alternative minimum amount determined under clause (ii). ``(ii)(I) The alternative minimum amount determined under this clause is the applicable percentage of \1/12\ of the annual dollar amount determined under clause (iii) for the year in which the amount is determined. ``(II) For purposes of subclause (I), the applicable percentage is the percentage specified in connection with the number of years of work, as set forth in the following table: ``If the number of years The applicable of work is: percentage is: 11........................................... 6.25 percent 12........................................... 12.50 percent 13........................................... 18.75 percent 14........................................... 25.00 percent 15........................................... 31.25 percent 16........................................... 37.50 percent 17........................................... 43.75 percent 18........................................... 50.00 percent 19........................................... 56.25 percent 20........................................... 62.50 percent 21........................................... 68.75 percent 22........................................... 75.00 percent 23........................................... 81.25 percent 24........................................... 87.50 percent 25........................................... 93.75 percent 26........................................... 100.00 percent 27........................................... 106.25 percent 28........................................... 112.50 percent 29........................................... 118.75 percent 30 or more................................... 125.00 percent. ``(iii) The annual dollar amount determined under this clause is-- ``(I) for calendar year 2016, the poverty guideline for 2015; and ``(II) for any calendar year after 2016, the annual dollar amount for 2016 multiplied by the ratio of-- ``(aa) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, to ``(bb) the national average wage index (as so defined) for 2014. ``(iv) For purposes of this subparagraph-- ``(I) the term `year of work' means, with respect to an individual, a year to which 4 quarters of coverage have been credited based on such individual's wages and self-employment income; and ``(II) the term `poverty guideline for 2015' means the annual poverty guideline for 2015 (as updated annually in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981) as applicable to a single individual.''. (b) Recomputation.--Notwithstanding section 215(f)(1) of the Social Security Act, the Commissioner of Social Security shall recompute primary insurance amounts originally computed for months prior to November 2014 to the extent necessary to carry out the amendments made by this section. (c) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C. 409(k)(1)) is amended by inserting ``215(a)(1)(E),'' after ``215(a)(1)(D),''. SEC. 5. PAYROLL TAX ON REMUNERATION UP TO CONTRIBUTION AND BENEFIT BASE AND MORE THAN $250,000. (a) In General.--Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended by inserting after ``such calendar year.'' the following: ``The preceding sentence shall apply only to calendar years for which the contribution and benefit base (as so determined) is less than $250,000, and, for such calendar years, only to so much of the remuneration paid to such employee by such employer with respect to employment as does not exceed $250,000.''. (b) Conforming Amendment.--Paragraph (1) of section 3121 of the Internal Revenue Code of 1986 is amended by striking ``Act) to'' and inserting ``Act), or in excess of $250,000, to''. (c) Effective Date.--The amendments made by this section shall apply to remuneration paid after December 31, 2015. SEC. 6. TAX ON NET EARNINGS FROM SELF-EMPLOYMENT UP TO CONTRIBUTION AND BENEFIT BASE AND MORE THAN $250,000. (a) In General.--Paragraph (1) of section 1402(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) in the case of the tax imposed by section 1401(a), the excess of-- ``(A) that part of the net earnings from self- employment which is in excess of-- ``(i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, minus ``(ii) the amount of the wages paid to such individual during such taxable years; over ``(B) that part of the net earnings from self- employment which is in excess of the sum of-- ``(i) the excess of-- ``(I) the net earning from self- employment reduced by the excess (if any) of subparagraph (A)(i) over subparagraph (A)(ii), over ``(II) $250,000, reduced by such contribution and benefit base, plus ``(ii) the amount of the wages paid to such individual during such taxable year in excess of such contribution and benefit base and not in excess of $250,000; or''. (b) Phaseout.--Subsection (b) of section 1402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Paragraph (1) shall apply only to taxable years beginning in calendar years for which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $250,000.''. (c) Effective Date.--The amendments made by this section shall apply to net earnings from self-employment derived, and remuneration paid, after December 31, 2015. SEC. 7. TAX ON INVESTMENT GAIN. (a) In General.--Subsection (a) of section 1411 of the Internal Revenue Code of 1986 is amended by striking ``3.8 percent'' each place it appears and inserting ``10 percent''. (b) Conforming Amendment.--The heading for chapter 2A of the Internal Revenue Code of 1986 is amended by inserting ``AND SOCIAL SECURITY'' after ``MEDICARE''. (c) Trust Funds.-- (1) Federal old-age and survivors insurance trust fund.-- Subsection (a) of section 201 of the Social Security Act (42 U.S.C. 401) is amended-- (A) in paragraph (4), by striking the period at the end and inserting ``; and''; (B) by inserting after paragraph (4) the following new paragraph: ``(5) 62 percent of the taxes imposed under section 1411 of the Internal Revenue Code of 1986, less the amounts specified in clause (3) of subsection (b) of this section.''; and (C) in the flush matter at the end-- (i) by striking ``clauses (3) and (4)'' each place it appears and inserting ``clauses (3), (4), and (5)''; and (ii) by striking ``clauses (1) and (2)'' and inserting ``clauses (1), (2), and (3)''. (2) Federal disability insurance trust fund.--Subsection (b) of such section is amended-- (A) in paragraph (2), by striking the period at the end and inserting ``; and''; and (B) by adding at the end the following new paragraph: ``(3) 9 percent of the taxes imposed under section 1411 of the Internal Revenue Code of 1986.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015.

Social Security Expansion Act Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to: increase the primary insurance amount for all eligible beneficiaries, beginning in 2021; revise computation of cost-of-living adjustments to use the Consumer Price Index for Elderly Consumers; increase the special minimum primary insurance amount for lifetime low earners based on years in the workforce. Amends the Internal Revenue Code to: (1) apply employment and self-employment taxes to remuneration up to the contribution and benefit base and to remuneration in excess of $250,000; and (2) increase the tax on investment gain from 3.8% to 10% of the lesser of net investment income for such taxable year or the excess (if any) of the modified adjusted gross income for such taxable year, over the threshold amount, with 62% of such tax allocated to the Federal Old-Age and Survivors Insurance Trust Fund and 9% allocated to the Federal Disability Insurance Trust Fund.

Social Security Expansion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forest System Vegetation Management Pilot Program Act of 2017''. SEC. 2. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION MANAGEMENT PILOT PROGRAM. (a) Pilot Program Required.--To encourage owners or operators of rights-of-way on National Forest System land to partner with the Forest Service to voluntarily perform vegetation management on a proactive basis to better protect utility infrastructure from potential passing wildfires, the Secretary shall conduct a limited, voluntary pilot program, in the manner described in this section, to permit vegetation management projects on National Forest System land adjacent to or near such rights-of-way. (b) Eligible Participants.--A participant in the pilot program must have a right-of-way on National Forest System land. In selecting participants, the Secretary shall give priority to holders of a right- of-way who have worked with Forest Service fire scientists and used technologies, such as Light Detection and Ranging surveys, to improve utility infrastructure protection prescriptions. (c) Project Elements.--A vegetation management project under the pilot program involves limited and selective vegetation management activities, which-- (1) shall create the least amount of disturbance reasonably necessary to protect utility infrastructure from passing wildfires based on applicable models, including Forest Service fuel models; (2) may include thinning, fuel reduction, creation and treatment of shaded fuel breaks, and other measures as appropriate; (3) shall only take place adjacent to the participant's right-of-way or within 75 feet of the participant's right-of- way; (4) shall not take place in any designated wilderness area, wilderness study area, or inventoried roadless area; and (5) shall be subject to approval by the Forest Service in accordance with this Act. (d) Project Costs.--A participant in the pilot program shall be responsible for all costs, as determined by the Secretary, incurred in participating in the pilot program, unless the Secretary determines that it is in the public interest for the Forest Service to contribute funds for a vegetation management project conducted under the pilot program. (e) Liability.-- (1) In general.--Participation in the pilot program does not affect any existing legal obligations or liability standards that-- (A) arise under the right-of-way for activities in the right-of-way; or (B) apply to fires resulting from causes other than activities conducted pursuant to an approved vegetation management project. (2) Project work.--A participant shall not be liable to the United States for damage proximately caused by activities conducted pursuant to an approved vegetation management project unless-- (A) such activities were carried out in a manner that was grossly negligent or that violated criminal law; or (B) the damage was caused by the failure of the participant to comply with specific safety requirements expressly imposed by the Forest Service as a condition of participating in the pilot program. (f) Implementation.--The Secretary shall utilize existing laws and regulations in the conduct of the pilot program and, in order to implement the pilot program in an efficient and expeditious manner, may waive or modify specific provisions of the Federal Acquisition Regulation, including modifications to allow for formation of contracts or agreements on a noncompetitive basis. (g) Treatment of Proceeds.--Notwithstanding any other provision of law, the Secretary may-- (1) retain any funds provided to the Forest Service by a participant in the pilot program; and (2) use such funds, in such amounts as may be appropriated, in the conduct of the pilot program. (h) Definitions.--In this section: (1) National forest system land.--The term ``National Forest System land'' means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)) exclusive of the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-1012). (2) Passing wildfire.--The term ``passing wildfire'' means a wildfire that originates outside the right-of-way. (3) Right-of-way.--The term ``right-of-way'' means a special use authorization issued by the Forest Service allowing the placement of utility infrastructure. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Utility infrastructure.--The term ``utility infrastructure'' means electric transmission lines, natural gas infrastructure, or related structures. (i) Duration.--The authority to conduct the pilot program, and any vegetation management project under the pilot program, expires December 21, 2027. (j) Report to Congress.--Not later than December 31, 2019, and every two years thereafter, the Secretary shall issue a report to the Committee on Energy and Natural Resources of the Senate, the Committee on Agriculture, Nutrition, and Forestry of the Senate, the Committee on Natural Resources of the House of Representatives, and the Committee on Agriculture of the House of Representatives on the status of the program and any projects established under this section. Passed the House of Representatives October 31, 2017. Attest: KAREN L. HAAS, Clerk.

. National Forest System Vegetation Management Pilot Program Act of 2017 (Sec. 2) This bill directs the Department of Agriculture (USDA) to conduct a limited, voluntary pilot program to permit vegetation management projects on National Forest System (NFS) land adjacent to rights-of-way to better protect utility infrastructure from potential passing wildfires. Program participants must have a right-of-way on NFS land. USDA shall give priority to holders of a right-of-way who have worked with Forest Service fire scientists and used technologies, such as light detection and ranging surveys, to improve utility infrastructure protection prescriptions. Vegetation management projects will involve limited and selective vegetation management activities, which: shall create the least amount of disturbance necessary to protect utility infrastructure from passing wildfires; may include thinning, fuel reduction, and creation and treatment of shaded fuel breaks; must only take place adjacent to the participant's right-of-way or within 75 feet of it; must not take place in any designated wilderness area, wilderness study area, or inventoried roadless area; and shall be subject to approval by the Forest Service. Participants shall not be held liable to the federal government for damage that was proximately caused by activities conducted pursuant to an approved vegetation management project, unless: such activities were carried out in a manner that was grossly negligent or that was in violation of criminal law, or the damage was caused by the participant's failure to comply with the specific safety requirements imposed by the Forest Service as a condition of participation in the pilot program. In order to implement the pilot program in an efficient and expeditious manner, USDA may waive or modify specific provisions of the Federal Acquisition Regulation, including to allow for the development of contracts or agreements on a noncompetitive basis. USDA may: retain any funds provided to the Forest Service by participants in the pilot program, and use such funds to conduct such program. The bill states that the authority to conduct the pilot program and any vegetation management projects under such program will expire on December 21, 2027.

National Forest System Vegetation Management Pilot Program Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colusa Basin Watershed Integrated Resources Management Act''. SEC. 2. AUTHORIZATION OF ASSISTANCE. The Secretary of the Interior (in this Act referred to as the ``Secretary''), acting within existing budgetary authority, may provide financial assistance to the Colusa Basin Drainage District, California (in this Act referred to as the ``District''), for use by the District or by local agencies acting pursuant to section 413 of the State of California statute known as the Colusa Basin Drainage Act (California Stats. 1987, ch. 1399) as in effect on the date of the enactment of this Act (in this Act referred to as the ``State statute''), for planning, design, environmental compliance, and construction required in carrying out eligible projects in the Colusa Basin Watershed to-- (1)(A) reduce the risk of damage to urban and agricultural areas from flooding or the discharge of drainage water or tailwater; (B) assist in groundwater recharge efforts to alleviate overdraft and land subsidence; or (C) construct, restore, or preserve wetland and riparian habitat; and (2) capture, as an incidental purpose of any of the purposes referred to in paragraph (1), surface or stormwater for conservation, conjunctive use, and increased water supplies. SEC. 3. PROJECT SELECTION. (a) Eligible Projects.--A project shall be an eligible project for purposes of section 2 only if it is-- (1) consistent with the plan for flood protection and integrated resources management described in the document entitled ``Draft Programmatic Environmental Impact Statement/ Environmental Impact Report and Draft Program Financing Plan, Integrated Resources Management Program for Flood Control in the Colusa Basin'', dated May 2000; and (2) carried out in accordance with that document and all environmental documentation requirements that apply to the project under the laws of the United States and the State of California. (b) Compatibility Requirement.--The Secretary shall ensure that projects for which assistance is provided under this Act are not inconsistent with watershed protection and environmental restoration efforts being carried out under the authority of the Central Valley Project Improvement Act (Public Law 102-575; 106 Stat. 4706 et seq.) or the CALFED Bay-Delta Program. SEC. 4. COST SHARING. (a) Non-Federal Share.--The Secretary shall require that the District and cooperating non-Federal agencies or organizations pay-- (1) 25 percent of the costs associated with construction of any project carried out with assistance provided under this Act; (2) 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to such a project; and (3) 35 percent of the costs associated with planning, design, and environmental compliance activities. (b) Planning, Design, and Compliance Assistance.--Funds appropriated pursuant to this Act may be made available to fund 65 percent of costs incurred for planning, design, and environmental compliance activities by the District or by local agencies acting pursuant to the State statute, in accordance with agreements with the Secretary. (c) Treatment of Contributions.--For purposes of this section, the Secretary shall treat the value of lands, interests in lands (including rights-of-way and other easements), and necessary relocations contributed by the District to a project as a payment by the District of the costs of the project. SEC. 5. COSTS NONREIMBURSABLE. Amounts expended pursuant to this Act shall be considered nonreimbursable for purposes of the Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 371 et seq.), and Acts amendatory thereof and supplemental thereto. SEC. 6. AGREEMENTS. Funds appropriated pursuant to this Act may be made available to the District or a local agency only if the District or local agency, as applicable, has entered into a binding agreement with the Secretary-- (1) under which the District or the local agency is required to pay the non-Federal share of the costs of construction required by section 4(a); and (2) governing the funding of planning, design, and compliance activities costs under section 4(b). SEC. 7. REIMBURSEMENT. For project work (including work associated with studies, planning, design, and construction) carried out by the District or by a local agency acting pursuant to the State statute in section 2 before the date amounts are provided for the project under this Act, the Secretary shall, subject to amounts being made available in advance in appropriations Acts, reimburse the District or the local agency, without interest, an amount equal to the estimated Federal share of the cost of such work under section 4. SEC. 8. COOPERATIVE AGREEMENTS. (a) In General.--The Secretary may enter into cooperative agreements and contracts with the District to assist the Secretary in carrying out the purposes of this Act. (b) Subcontracting.--Under such cooperative agreements and contracts, the Secretary may authorize the District to manage and let contracts and receive reimbursements, subject to amounts being made available in advance in appropriations Acts, for work carried out under such contracts or subcontracts. SEC. 9. RELATIONSHIP TO RECLAMATION REFORM ACT OF 1982. Activities carried out, and financial assistance provided, under this Act shall not be considered a supplemental or additional benefit for purposes of the Reclamation Reform Act of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.). SEC. 10. APPROPRIATIONS AUTHORIZED. Within existing budgetary authority and subject to the availability of appropriations, the Secretary is authorized to expend up to $25,000,000, plus such additional amount, if any, as may be required by reason of changes in costs of services of the types involved in the District's projects as shown by engineering and other relevant indexes to carry out this Act. Sums appropriated under this section shall remain available until expended. Passed the House of Representatives September 18, 2000. Attest: JEFF TRANDAHL, Clerk.

Permits funds appropriated pursuant to this Act to be made available to fund 65 percent of costs incurred for planning, design, and environmental compliance activities by the District or by local agencies in accordance with agreements with the Secretary, under which the District or local agency is required to pay the non-Federal share of construction costs and which governs the funding of planning, design, and compliance activities costs. Authorizes specified expenditures within existing budget authority to carry out this Act.

Colusa Basin Watershed Integrated Resources Management Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Protection of Disclosures Act''. SEC. 2. CLARIFICATION OF DISCLOSURES COVERED. Section 2302(b)(8) of title 5, United States Code, is amended-- (1) in subparagraph (A)-- (A) by striking ``which the employee or applicant reasonably believes evidences'' and inserting ``, without restriction as to time, place, form, motive, context, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of an employee's duties, that the employee or applicant reasonably believes is evidence of''; and (B) in clause (i), by striking ``a violation'' and inserting ``any violation''; and (2) in subparagraph (B)-- (A) by striking ``which the employee or applicant reasonably believes evidences'' and inserting ``, without restriction as to time, place, form, motive, context, or prior disclosure made to any person by an employee or applicant, including a disclosure made in the ordinary course of an employee's duties, of information that the employee or applicant reasonably believes is evidence of''; and (B) in clause (i), by striking ``a violation'' and inserting ``any violation (other than a violation of this section)''. SEC. 3. COVERED DISCLOSURES. Section 2302(a)(2) of title 5, United States Code, is amended-- (1) in subparagraph (B)(ii), by striking ``and'' at the end; (2) in subparagraph (C)(iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) `disclosure' means a formal or informal communication, but does not include a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee providing the disclosure reasonably believes that the disclosure evidences-- ``(i) any violation of any law, rule, or regulation; or ``(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.''. SEC. 4. REBUTTABLE PRESUMPTION. Section 2302(b) of title 5, United States Code, is amended by adding at the end the following: ``For purposes of paragraph (8), any presumption relating to the performance of a duty by an employee who has authority to take, direct others to take, recommend, or approve any personnel action may be rebutted by substantial evidence. For purposes of paragraph (8), a determination as to whether an employee or applicant reasonably believes that such employee or applicant has disclosed information that evidences any violation of law, rule, regulation, gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety shall be made by determining whether a disinterested observer with knowledge of the essential facts known to or readily ascertainable by the employee or applicant would reasonably conclude that the actions of the Government evidence such violations, mismanagement, waste, abuse, or danger.''. SEC. 5. NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS. (a) Personnel Action.--Section 2302(a)(2)(A) of title 5, United States Code, is amended-- (1) in clause (x), by striking ``and'' at the end; (2) by redesignating clause (xi) as clause (xii); and (3) by inserting after clause (x) the following: ``(xi) the implementation or enforcement of any nondisclosure policy, form, or agreement; and''. (b) Prohibited Personnel Practice.--Section 2302(b) of title 5, United States Code, is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period and inserting a semicolon; and (3) by inserting after paragraph (12) the following: ``(13) implement or enforce any nondisclosure policy, form, or agreement, if such policy, form, or agreement does not contain the following statement: ```These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by Executive Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United States Code (governing disclosures to Congress by members of the military); section 2302(b)(8) of title 5, United States Code (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 and following) (governing disclosures that could expose confidential Government agents); and the statutes which protect against disclosures that could compromise national security, including sections 641, 793, 794, 798, and 952 of title 18, United States Code, and section 4(b) of the Subversive Activities Control Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by such Executive order and such statutory provisions are incorporated into this agreement and are controlling.'; or ``(14) conduct, or cause to be conducted, an investigation, other than any ministerial or nondiscretionary factfinding activities necessary for the agency to perform its mission, of an employee or applicant for employment because of any activity protected under this section.''. SEC. 6. EXCLUSION OF AGENCIES BY THE PRESIDENT. Section 2302(a)(2)(C) of title 5, United States Code, is amended by striking clause (ii) and inserting the following: ``(ii)(I) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Security Agency; and ``(II) as determined by the President, any Executive agency or unit thereof the principal function of which is the conduct of foreign intelligence, counterintelligence activities, or homeland security, if the determination (as that determination relates to a personnel action) is made before that personnel action; or''. SEC. 7. DISCIPLINARY ACTION. Section 1215(a)(3) of title 5, United States Code, is amended to read as follows: ``(3)(A) A final order of the Board may impose-- ``(i) disciplinary action consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, or reprimand; ``(ii) an assessment of a civil penalty not to exceed $1,000; or ``(iii) any combination of disciplinary actions described under clause (i) and an assessment described under clause (ii). ``(B) In any case in which the Board finds that an employee has committed a prohibited personnel practice under paragraph (8) or (9) of section 2302(b), the Board shall impose disciplinary action if the Board finds that the activity protected under such paragraph (8) or (9) (as the case may be) was the primary motivating factor, unless that employee demonstrates, by a preponderance of the evidence, that the employee would have taken, failed to take, or threatened to take or fail to take the same personnel action, in the absence of such protected activity.''. SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON REVOCATION OF SECURITY CLEARANCES. (a) Requirement.--The Comptroller General shall conduct a study of security clearance revocations, taking effect after 1996, with respect to personnel that filed claims under chapter 12 of title 5, United States Code, in connection therewith. The study shall consist of an examination of the number of such clearances revoked, the number restored, and the relationship, if any, between the resolution of claims filed under such chapter and the restoration of such clearances. (b) Report.--Not later than June 30, 2006, the Comptroller General shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate a report on the results of the study required by subsection (a). SEC. 9. EFFECTIVE DATE. This Act shall take effect 30 days after the date of enactment of this Act.

Federal Employee Protection of Disclosures Act - (Sec. 2) Includes as a protected disclosure by a federal employee any lawful disclosure an employee or applicant for employment reasonably believes is credible evidence of waste, abuse, gross mismanagement, or substantial and specific danger to public health or safety without restriction as to time, place, form, motive, context, or prior disclosure. (Sec. 3) Defines the term "disclosure" to mean a formal or informal communication, but does not include a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee providing the disclosure reasonably believes that the disclosure evidences: (1) any violation of any law, rule, or regulation; or (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (Sec. 4) Codifies the legal standard for determining whether a whistleblower has a reasonable belief that a disclosure evidences governmental waste, fraud, or abuse, or a violation of law. (Sec. 5) Includes under the definition of "personnel action" the implementation or enforcement of any nondisclosure policy, form, or agreement. Prohibits taking the following actions against whistleblowers making protected disclosures: (1) the implementation or enforcement of any nondisclosure policy, form, or agreement; and (2) an investigation (other than routine nondiscretionary agency investigations) of an employee or applicant. (Sec. 6) Authorizes the President to exclude certain agencies engaged in the conduct of foreign intelligence or counterintelligence activities from whistleblower protections if such exclusion is made prior to any personnel action against the whistleblower. (Sec. 7) Expands the authority of the Merit Systems Protection Board to impose disciplinary action for prohibited personnel practices. (Sec. 8) Requires a Government Accountability Office (GAO) study on security clearances revocations taking effect after 1996 with respect to personnel that filed claims in connection with such security clearance revocations. (Sec. 9) Permits an employee, former employee, or applicant to bring an action against the United States at law or equity for de novo review as an alternative recourse in seeking corrective action with respect to a prohibited personnel practice. (Sec. 10) Amends the Federal Property and Administrative Services Act of 1949 to modify remedy and enforcement authority under provisions relating to the protection of contractor employees from reprisal for disclosure of certain information, including by permitting such an employee who has been subjected to a reprisal prohibited by such provisions to bring an action at law or equity for de novo review in order to seek compensatory damages and other relief available under those provisions. Makes an identical amendment with respect to federal military law relating to the protection of military contractor employees from reprisal for disclosure of certain information. (Sec. 11) Makes certain prohibited personnel practices provisions applicable to the Transportation Security Administration (TSA).

To amend title 5, United States Code, to clarify which disclosures of information are protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements to the effect that such policies, forms, and agreements are consistent with certain disclosure protections; and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury in Dental Fillings Disclosure and Prohibition Act''. SEC. 2. FINDINGS. (a) General Findings.--The Congress finds as follows: (1) Elemental mercury and mercury compounds are known to be toxic and hazardous to human health and to the environment. (2) Mercury is number three on the 2003 CERCLA Priority List of Hazardous Substances, behind arsenic and lead. (3) A dental amalgam, commonly referred to as a ``silver filling'', consists of 42 to 58 percent mercury. (4) Consumers may be deceived by the use of the term ``silver'' to describe a dental amalgam, which contains substantially more mercury than silver. (5) The American Dental Association estimates that the dental industry places approximately 70,000,000 dental amalgams annually and each dental amalgam may contain \1/2\ to \3/4\ of a gram of mercury, depending on the size of the filling. (6) The mercury contained in dental amalgam is continually emitted in the form of mercury vapor, and the total amount of mercury released depends upon the total number of fillings; their age, composition, and surface area; the intraoral presence of other metals; dietary and lifestyle habits; and other chemical and metabolic conditions affecting the mouth. (7) When mercury vapors are inhaled, most of the mercury (about 80 percent) enters the bloodstream directly through the lungs and then rapidly deposits preferentially in the brain and kidneys as well as other parts of the body. (8) Mercury toxicity is a retention toxicity (total body burden) that builds up over years of exposure, and is therefore dependent on all sources of mercury to which an individual may be exposed. (9) Recently funded research by the National Institutes of Health has concluded that when inorganic mercury is located in brain tissue, researchers are unable to demonstrate an appreciable half-life, or decrease, of mercury over time (more than 120 days). The implications of this conclusion are that dental amalgam exposure will permanently increase mercury body burden. (10) According to the World Health Organization, the estimated average daily intake and retention of mercury from dental amalgam ranges from 3 to 27 micrograms per day, and is greater than all other sources combined. (11) The California Dental Association, by court order, requires postings of warnings about mercury fillings in California Dental Offices as of March 9, 2003. The warnings read ``NOTICE TO PATIENTS: PROPOSITION 65 WARNING: Dental Amalgam, used in many dental fillings, causes exposure to mercury, a chemical known to the state of California to cause birth defects or other reproductive harm''. (12) United States consumers and parents have a right to know, in advance, the risks of placing a product containing a substantial amount of mercury in their mouths or the mouths of their children. (13) The Food and Drug Administration added Health Canada warnings regarding mercury in dental amalgam to a consumer update issued on December 31, 2002. (14) According to certain scientific studies, Health Canada, and the Agency for Toxic Substances and Disease Registry, children and pregnant women are at particular risk for exposure to mercury contained in dental amalgam. (15) According to the Agency for Toxic Substances and Disease Registry, the mercury from amalgam passes through the placenta of pregnant women and through the breast milk of lactating women, increasing health risks to both unborn children and newborn babies. (16) The National Academy of Sciences estimated that ``over 600,000 children are born each year at risk for adverse neurodevelopmental effects due to in utero exposure to methyl mercury''. This report urged the need to understand the relative amount of mercury attributable to dental amalgam and to thimerosal in vaccines. (17) Studies show that a variety of commonly found human intestinal and oral bacteria can methylate mercury. In this way, the mercury vapor from fillings biotransforms into the highly neurotoxic and teratogenic methylmercury. (18) The use of mercury in any product being put into the body is opposed by many health groups, such as the American Public Health Association, the California Medical Association, and Health Care Without Harm. (19) Highly effective and durable alternatives to mercury- based dental fillings exist, but many publicly and privately financed health plans do not allow consumers to choose alternatives to dental amalgam. (b) Environmental Findings.--In addition to the findings of subsection (a), the Congress finds as follows: (1) Mercury wastewater released from dental clinics has been shown to fail the Environmental Protection Agency's toxicity characteristic leaching procedure and, therefore, is regulated as hazardous waste. (2) Research from the Naval Dental Research Institute indicates that, when discharged to the environment, conditions may be right for waste dental mercury to methylate, become bioavailable, and subsequently biomagnify in fish as methyl mercury, the most toxic form of mercury. (3) Forty-eight States, the District of Columbia, and the United States Territory of American Samoa have issued 2,362 fish consumption advisories to their residents due to mercury contamination as of 2003. (4) The Food and Drug Administration has issued fish consumption advisories due to levels of mercury in commercially-caught fish and, in January 2001, warned pregnant woman and young children not to eat certain marine fish. (5) According to the Environmental Protection Agency, United States dentists use approximately 34 tons of mercury per year. (6) A report issued on June 5, 2002, by the Mercury Policy Project, the Sierra Club, Health Care Without Harm, Clean Water Action, and the Toxics Action Center stated that, because of mercury fillings, dental offices are now the leading source of mercury in the Nation's wastewater. (7) Mercury from dental amalgam can enter the environment during any point of the product's life-cycle. This includes placement or removal of fillings; through bodily excretions; when sewage sludge is incinerated, spread on crops, or dumped in land fills; when vapor is released or land filled; when vapor is released directly from the filling (which increases with brushing, chewing, and consuming hot foods or salt); and during cremation. Currently there are no requirements for mercury capture before or during cremation. (8) In 2000, the Association of Metropolitan Sewerage Agencies reported human wastes from individuals with dental amalgam fillings to be the most significant source of domestic mercury entering publicly owned treatment works, greater than 80 percent of the total contributing factors. (9) According to the Association of Metropolitan Sewerage Agencies, removal of mercury from publicly owned treatment works has been shown to cost $10,000,000 to $100,000,000 for every pound removed. (10) Mercury use by the dental industry increased from 2 percent in 1980 to 22 percent of the total use of mercury in the United States in 2001, because of drastic declines in mercury use by other industries over that period. (11) Amalgam restorations were estimated to be 55 percent of the total mercury product reservoir in 2004 by the Environmental Protection Agency, and will therefore be a source of environmental contamination into the future. (12) According to a joint study by the Environmental Protection Agency and the Cremation Association of North America, approximately 238 pounds of mercury, mostly from dental amalgam fillings, were released from crematoria nationally in 1999. (13) Cremation is chosen in approximately 30 percent of all deaths, and this percentage is expected to increase every year. (14) According to industrial hygiene surveys, 6 to 16 percent of dental offices exceed the exposure levels for air mercury permitted by Occupational Safety and Health Administration standards. SEC. 3. PROHIBITION ON INTRODUCTION OF DENTAL AMALGAM INTO INTERSTATE COMMERCE. (a) Prohibition.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by adding at the end the following: ``(j) Effective January 1, 2009, if it contains mercury intended for use in a dental filling.''. (b) Transitional Provision.--For purposes of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), effective December 31, 2006, and subject to the amendment made by subsection (a), a device that contains mercury intended for use in a dental filling shall be considered to be misbranded, unless it bears a label that provides as follows: ``Dental amalgam contains approximately 50 percent mercury, a highly toxic element. Such product should not be administered to children less than 18 years of age, pregnant women, or lactating women. Such product should not be administered to any consumer without a warning that the product contains mercury, which is a highly toxic element, and therefore poses health risks.''.

Mercury in Dental Fillings Disclosure and Prohibition Act - Amends the Federal Food, Drug, and Cosmetic Act to deem adulterated (hence prohibited), effective January 1, 2009, any amalgam containing mercury intended for use in a dental filling. Provides for a transition period, during which such a device may be manufactured and sold if it bears a specified warning label, until this Act becomes effective.

To prohibit after 2008 the introduction into interstate commerce of mercury intended for use in a dental filling, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Promise to America's Military Retirees Act''. SEC. 2. FINDINGS. Congress finds the following: (1) No statutory health care program existed for members of the uniformed services who entered service prior to December 7, 1956, and retired after serving a minimum of 20 years. (2) Recruiters, re-enlistment counselors, and officers at all levels of the uniformed services, and other government officials, as agents of the United States Government, used recruiting tactics that allowed members who entered the uniformed services prior to December 7, 1956, to believe they would be entitled to fully paid lifetime health care upon retirement. (3) In the United States Court of Appeals for the Federal Circuit decision of November 18, 2002, in Schism v. United States (No. 99-1402), the Court said: ``Accordingly, we must affirm the district court's judgment and can do no more than hope Congress will make good on the promises recruiters made in good faith to plaintiffs and others of the World War II and Korean War era--from 1941 to 1956, when Congress enacted its first health care insurance act for military members, excluding older retirees. . . . We cannot readily imagine more sympathetic plaintiffs than the retired officers of the World War II and Korean War era involved in this case. They served their country for at least 20 years with the understanding that when they retired they and their dependents would receive full free health care for life. The promise of such health care was made in good faith and relied upon. Again, however, because no authority existed to make such promises in the first place, and because Congress has never ratified or acquiesced to this promise, we have no alternative but to uphold the judgment against the retirees' breach-of-contract claim. . . . Perhaps Congress will consider using its legal power to address the moral claims raised by Schism and Reinlie on their own behalf, and indirectly for other affected retirees.''. (4) Only the United States Congress can make good on the promises recruiters made in good faith to plaintiffs and others of the World War II and Korean War era. (5) Statutes enacted in 1956 allowed those who entered service on or after December 7, 1956, and retired after serving a minimum of 20 years or by reason of a service-connected disability to medical and dental care in any facility of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff. (6) Recruiters, re-enlistment counselors, and officers at all levels of the uniformed services, and other government officials, as agents of the United States Government, continued to allow members who entered the uniformed services to believe they would be entitled to fully paid lifetime health care upon retirement, despite enactment of statutes in 1956, subsequent statutes, and the issuance of regulations that defined and limited the availability of medical care to retired members of the uniformed services. (7) After 4 rounds of base closures between 1988 and 1995 and further drawdowns of remaining military medical treatment facilities, access to ``space available'' health care in a military medical treatment facility is difficult or virtually nonexistent for many military retirees. (8) The failure to provide adequate health care upon retirement is preventing the retired members of the uniformed services from recommending, without reservation, that young men and women make a career of any military service. (9) Although provisions in the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398) extended coverage under the TRICARE program to medicare eligible military retirees age 65 and older, those provisions did not address the health care needs of military retirees under the age of 65. (10) The United States should make good on the promises recruiters made in good faith in the World War II and Korean War era and reestablish high quality health care for all retired members of the uniformed services. SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) Coverage for Retirees and Dependents.--(1) Section 1108 of title 10, United States Code, is amended to read as follows: ``Sec. 1108. Health care coverage through Federal Employees Health Benefits program ``(a) FEHBP Option.--The Secretary of Defense, after consulting with the other administering Secretaries, shall enter into an agreement with the Office of Personnel Management to provide coverage to eligible beneficiaries described in subsection (b) under the health benefits plans offered through the Federal Employees Health Benefits program under chapter 89 of title 5. ``(b) Eligible Beneficiaries; Coverage.--(1) An eligible beneficiary under this subsection is-- ``(A) a member or former member of the uniformed services described in section 1074(b) of this title; ``(B) an individual who is an unremarried former spouse of a member or former member described in section 1072(2)(F) or 1072(2)(G); ``(C) an individual who is-- ``(i) a dependent of a deceased member or former member described in section 1076(b) or 1076(a)(2)(B) of this title or of a member who died while on active duty for a period of more than 30 days; and ``(ii) a member of family as defined in section 8901(5) of title 5; or ``(D) an individual who is-- ``(i) a dependent of a living member or former member described in section 1076(b)(1) of this title; and ``(ii) a member of family as defined in section 8901(5) of title 5. ``(2) Eligible beneficiaries may enroll in a Federal Employees Health Benefit plan under chapter 89 of title 5 under this section for self-only coverage or for self and family coverage which includes any dependent of the member or former member who is a family member for purposes of such chapter. ``(3) A person eligible for coverage under this subsection shall not be required to satisfy any eligibility criteria specified in chapter 89 of title 5 (except as provided in paragraph (1)(C) or (1)(D)) as a condition for enrollment in health benefits plans offered through the Federal Employees Health Benefits program under this section. ``(4) For purposes of determining whether an individual is a member of family under paragraph (5) of section 8901 of title 5 for purposes of paragraph (1)(C) or (1)(D), a member or former member described in section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an employee under such section. ``(5) An eligible beneficiary who enrolls in the Federal Employees Health Benefits program under this section shall not be eligible to receive health care under section 1086 or section 1097. Such a beneficiary may continue to receive health care in a military medical treatment facility, in which case the treatment facility shall be reimbursed by the Federal Employees Health Benefits program for health care services or drugs received by the beneficiary. ``(c) Change of Health Benefits Plan.--An eligible beneficiary enrolled in a Federal Employees Health Benefits plan under this section may change health benefits plans and coverage in the same manner as any other Federal Employees Health Benefits program beneficiary may change such plans. ``(d) Government Contributions.--The amount of the Government contribution for an eligible beneficiary who enrolls in a health benefits plan under chapter 89 of title 5 in accordance with this section may not exceed the amount of the Government contribution which would be payable if the electing beneficiary were an employee (as defined for purposes of such chapter) enrolled in the same health benefits plan and level of benefits. ``(e) Separate Risk Pools.--The Director of the Office of Personnel Management shall require health benefits plans under chapter 89 of title 5 to maintain a separate risk pool for purposes of establishing premium rates for eligible beneficiaries who enroll in such a plan in accordance with this section. ``(f) Reimbursement for Expenses for Health Care Services Normally Provided by the Department of Defense Under TRICARE Standard.--The Secretary of Defense shall develop and implement a system to reimburse an eligible beneficiary who enrolls in a health benefits plan under chapter 89 of title 5 in accordance with this section for health care costs incurred by the beneficiary that are not paid under the health benefits plan but would have been paid by the Department of Defense under TRICARE Standard.''. (2) The item relating to section 1108 at the beginning of such chapter is amended to read as follows: ``1108. Health care coverage through Federal Employees Health Benefits program.''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2005. SEC. 4. REIMBURSEMENT FOR TRICARE PHARMACY BENEFITS AT TRICARE NETWORK PHARMACY LEVELS TO CERTAIN MILITARY RETIREES AND DEPENDENTS IN HARDSHIP CASES. (a) In General.--In the case of an eligible person who has a certification described in subsection (b), the Secretary shall reimburse such person for pharmacy benefits received from a pharmacy that is not a TRICARE network pharmacy in the same manner and in the same amounts as the Secretary would reimburse such person for such benefits received from a pharmacy that is a TRICARE network pharmacy. (b) Certification.--The certification referred to in subsection (a) is a certification from an eligible person's physician-- (1) stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints; and (2) meeting such other criteria as the Secretary of Defense considers appropriate. (c) Eligible Person.--In this section, an eligible person is an eligible beneficiary as described in section 1108(b) of title 10, United States Code who has another insurance plan or program that provides primary coverage for health benefits. SEC. 5. WAIVER OF MEDICARE PART B PREMIUM FOR CERTAIN MILITARY RETIREES. (a) In General.--Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended-- (1) in subsection (a)(2), by striking ``The monthly premium'' and inserting ``Except as provided in subsection (j), the monthly premium''; and (2) by adding at the end the following new subsection: ``(j)(1) The amount of the monthly premium for an eligible individual enrolled under this part is equal to $0. ``(2) For purposes of paragraph (1), the term `eligible individual' means-- ``(A) an individual who is entitled to retired or retainer pay based upon service in the uniformed services (as defined in section 101 of title 10, United States Code) that began before December 7, 1956; ``(B) the spouse (as determined under section 7703 of the Internal Revenue Code of 1986) of an individual described in subparagraph (A); and ``(C) the widow or widower, as the case may be, of an individual described in subparagraph (A). ``(3) With respect to years beginning after the date of the enactment of this subsection, the monthly premium rate calculated under subsection (a)(3) for individuals enrolled under this part who are not eligible individuals under this subsection shall be determined without regard to benefits and administrative costs attributable to such eligible individuals during such years.''. (b) Conforming Amendment.--Section 1839(i) of the Social Security Act (42 U.S.C. 1395r(i)) is amended by adding at the end the following new paragraph: ``(7) Inapplicability to certain military retirees.--This subsection shall not apply to eligible individuals (as defined in subsection (j)(2)).''. (c) Effective Date.--(1) The amendments made by this section shall apply to premiums for months beginning with January 2005. (2) The Secretary of Health and Human Services shall use the rebate methodology established pursuant to section 625(a)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173, 117 Stat. 2318) to provide rebates to eligible individuals (as defined in subsection (j)(2) of section 1839 of the Social Security Act, as added by subsection (a)) of any premium or premium penalty paid under such section for months beginning on or after January 1, 2005.

Keep Our Promise to America's Military Retirees Act - Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide Federal Employees Health Benefits (FEHB) coverage to the following eligible beneficiaries: (1) a member or former member of the Armed Forces entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member. Directs the Secretary to reimburse such eligible persons for pharmacy benefits received from a pharmacy that is not a TRICARE (Department of Defense managed health care plan) network pharmacy in the same manner as the Secretary would reimburse such person for such benefits received from a TRICARE network pharmacy. Requires such persons, in order to receive such reimbursement, to submit a certification from their physician stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints. Amends title XVIII (Medicare) of the Social Security Act to waive the monthly part B premium (Supplementary Medical Insurance Benefits for the Aged and Disabled) with respect to: (1) an individual who is entitled to military retired or retainer pay based upon service that began before December 7, 1956; and (2) the spouse, widow, or widower of such individuals.

To restore health care coverage to retired members of the uniformed services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Language Act of 2007''. SEC. 2. ENGLISH AS OFFICIAL LANGUAGE. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT ``Sec. ``161. Declaration of official language. ``162. Official Government activities in English. ``163. Preserving and enhancing the role of the official language. ``164. Exceptions. ``Sec. 161. Declaration of official language ``English shall be the official language of the Government of the United States. ``Sec. 162. Official government activities in English ``The Government of the United States shall conduct its official business in English, including publications, income tax forms, and informational materials. ``Sec. 163. Preserving and enhancing the role of the official language ``The Government of the United States shall preserve and enhance the role of English as the official language of the United States of America. Unless specifically stated in applicable law, no person has a right, entitlement, or claim to have the Government of the United States or any of its officials or representatives act, communicate, perform or provide services, or provide materials in any language other than English. If exceptions are made, that does not create a legal entitlement to additional services in that language or any language other than English. If any forms are issued by the Federal government in a language other than English (or such forms are completed in a language other than English), the English language version of the form is the sole authority for all legal purposes. ``Sec. 164. Exceptions ``This chapter does not apply to the use of a language other than English-- ``(1) for religious purposes; ``(2) for training in foreign languages for international communication; or ``(3) to programs in schools designed to encourage students to learn foreign languages. This chapter does not prevent the Government of the United States from providing interpreters for persons over 62 years of age.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Government............................. 161''. SEC. 3. REPEAL OF BILINGUAL VOTING REQUIREMENTS. (a) In General.-- (1) Bilingual election requirements.--Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed. (2) Voting rights.--Section 4 of the Voting Rights Act of 1965 (42 U.S.C. 1973b) is amended by striking subsection (f). (b) Conforming Amendments.-- (1) References to section 203.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) is amended-- (A) in section 204, by striking ``or 203,''; and (B) in the first sentence of section 205, by striking ``, 202, or 203'' and inserting ``or 202''. (2) References to section 4.--The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.), as amended by the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006 (Public Law 109- 246), is amended-- (A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, 8(a)(2)(A), and 13(a)(1), by striking ``, or in contravention of the guarantees set forth in section 4(f)(2)''; (B) in paragraphs (1)(A) and (3) of section 4(a), by striking ``or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2)''; and (C) in paragraphs (1)(B) and (5) of section 4(a), by striking ``or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgments of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision''. SEC. 4. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF NEW CITIZENS. Section 337(d) of the Immigration and Nationality Act (8 U.S.C. 1448(d)) is amended by adding at the end the following new sentence: ``All public ceremonies in which the oath of allegiance is administered pursuant to this section shall be conducted solely in the English language.''. SEC. 5. NONPREEMPTION. This Act (and the amendments made by this Act) shall not preempt any law of any State.

National Language Act of 2007 - Makes English the official language of the U.S. government. Requires the government to: (1) conduct its official business in English, including publications, income tax forms, and informational materials; and (2) preserve and enhance the role of English as the official language of the United States of America. Provides that no person has a right, entitlement, or claim to have the government act, communicate, perform, or provide services or materials in any other language, unless specifically stated in applicable law. Provides that this Act shall not apply to the use of a language other than English for religious purposes, for training in foreign languages for international communication, or in school programs designed to encourage students to learn foreign languages. States that this does not prevent the U.S. government from providing interpreters for persons over age 62. Repeals provisions of the Voting Rights Act of 1965 regarding bilingual election requirements and regarding congressional findings of voting discrimination against language minorities, prohibition of English-only elections, and other remedial measures. Amends the Immigration and Nationality Act to require that all public ceremonies in which the oath of allegiance is administered pursuant to such Act be conducted solely in English. Specifies that this Act shall not preempt any state law.

To amend title 4, United States Code, to declare English as the official language of the Government of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Historic Homeownership Assistance Act''. SEC. 2. HISTORIC HOMEOWNERSHIP REHABILITATION CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. HISTORIC HOMEOWNERSHIP REHABILITATION CREDIT. ``(a) General Rule.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 20 percent of the qualified rehabilitation expenditures made by the taxpayer with respect to a qualified historic home. ``(b) Dollar Limitation.-- ``(1) In general.--The credit allowed by subsection (a) with respect to any residence of a taxpayer shall not exceed $50,000 ($25,000 in the case of a married individual filing a separate return). ``(2) Carryforward of credit unused by reason of limitation based on tax liability.--If the credit allowable under subsection (a) for any taxable year 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), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. ``(c) Qualified Rehabilitation Expenditure.--For purposes of this section: ``(1) In general.--The term `qualified rehabilitation expenditure' means any amount properly chargeable to capital account-- ``(A) in connection with the certified rehabilitation of a qualified historic home, and ``(B) for property for which depreciation would be allowable under section 168 if the qualified historic home were used in a trade or business. ``(2) Certain expenditures not included.-- ``(A) Exterior.--Such term shall not include any expenditure in connection with the rehabilitation of a building unless at least 5 percent of the total expenditures made in the rehabilitation process are allocable to the rehabilitation of the exterior of such building. ``(B) Other rules to apply.--Rules similar to the rules of clauses (ii) and (iii) of section 47(c)(2)(B) shall apply. ``(3) Mixed use or multifamily building.--If only a portion of a building is used as the principal residence of the taxpayer, only qualified rehabilitation expenditures which are properly allocable to such portion shall be taken into account under this section. ``(d) Certified Rehabilitation.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `certified rehabilitation' has the meaning given such term by section 47(c)(2)(C). ``(2) Factors to be considered in the case of targeted area residences, etc.-- ``(A) In general.--For purposes of applying section 47(c)(2)(C) under this section with respect to the rehabilitation of a building to which this paragraph applies, consideration shall be given to-- ``(i) the feasibility of preserving existing architectural and design elements of the interior of such building, ``(ii) the risk of further deterioration or demolition of such building in the event that certification is denied because of the failure to preserve such interior elements, and ``(iii) the effects of such deterioration or demolition on neighboring historic properties. ``(B) Buildings to which this paragraph applies.-- This paragraph shall apply with respect to any building-- ``(i) any part of which is a targeted area residence within the meaning of section 143(j)(1), or ``(ii) which is located within an enterprise or empowerment zone, but shall not apply with respect to any building which is listed in the National Register. ``(3) Cooperative agreements.--The term `certified rehabilitation' includes a certification made in accordance with a contract or cooperative agreement between the Secretary of the Interior and a State Historic Preservation Officer which authorizes such officer (or a local government certified pursuant to section 101(c)(1) of the National Historic Preservation Act), subject to such terms or conditions as may be specified in such agreement, to certify the rehabilitation of buildings within the jurisdiction of such officer (or local government) for purposes of this section. ``(e) Definitions and Special Rules.--For purposes of this section: ``(1) Qualified historic home.--The term `qualified historic home' means a certified historic structure-- ``(A) which has been substantially rehabilitated, and ``(B) which (or any portion of which)-- ``(i) is owned by the taxpayer, and ``(ii) is used (or will, within a reasonable period, be used) by such taxpayer as his principal residence. ``(2) Substantially rehabilitated.--The term `substantially rehabilitated' has the meaning given such term by section 47(c)(1)(C); except that, in the case of any building described in subsection (d)(2), clause (i)(I) thereof shall not apply. ``(3) Principal residence.--The term `principal residence' has the same meaning as when used in section 1034. ``(4) Certified historic structure.-- ``(A) In general.--The term `certified historic structure' has the meaning given such term by section 47(c)(3). ``(B) Certain structures included.--Such term includes any building (and its structural components) which is designated as being of historic significance under a statute of a State or local government, if such statute is certified by the Secretary of the Interior to the Secretary as containing criteria which will substantially achieve the purpose of preserving and rehabilitating buildings of historic significance. ``(5) Enterprise or empowerment zone.--The term `enterprise or empowerment zone' means any area designated under section 1391 as an enterprise community or an empowerment zone. ``(6) Rehabilitation not complete before certification.--A rehabilitation shall not be treated as complete before the date of the certification referred to in subsection (d). ``(7) Lessees.--A taxpayer who leases his principal residence shall, for purposes of this section, be treated as the owner thereof if the remaining term of the lease (as of the date determined under regulations prescribed by the Secretary) is not less than such minimum period as the regulations require. ``(8) Tenant-stockholder in cooperative housing corporation.--If the taxpayer holds stock as a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such stockholder shall be treated as owning the house or apartment which the taxpayer is entitled to occupy as such stockholder. ``(f) When Expenditures Taken Into Account.--In the case of a building other than a building to which subsection (g) applies, qualified rehabilitation expenditures shall be treated for purposes of this section as made-- ``(1) on the date the rehabilitation is completed, or ``(2) to the extent provided by the Secretary by regulation, when such expenditures are properly chargeable to capital account. Regulations under paragraph (2) shall include a rule similar to the rule under section 50(a)(2) (relating to recapture if property ceases to qualify for progress expenditures). ``(g) Allowance of Credit for Purchase of Rehabilitated Historic Home.-- ``(1) In general.--In the case of a qualified purchased historic home, the taxpayer shall be treated as having made (on the date of purchase) the qualified rehabilitation expenditures made by the seller of such home. ``(2) Qualified purchased historic home.--For purposes of this subsection, the term `qualified purchased historic home' means any substantially rehabilitated certified historic structure purchased by the taxpayer if-- ``(A) the taxpayer is the first purchaser of such structure after the date rehabilitation is completed, and the purchase occurs within 5 years after such date, ``(B) the structure (or a portion thereof) will, within a reasonable period, be the principal residence of the taxpayer, ``(C) no credit was allowed to the seller under this section or section 47 with respect to such rehabilitation, and ``(D) the taxpayer is furnished with such information as the Secretary determines is necessary to determine the credit under this subsection. ``(h) Historic Rehabilitation Mortgage Credit Certificate.-- ``(1) In general.--The taxpayer may elect, in lieu of the credit otherwise allowable under this section, to receive a historic rehabilitation mortgage credit certificate. An election under this paragraph shall be made-- ``(A) in the case of a building to which subsection (g) applies, at the time of purchase, or ``(B) in any other case, at the time rehabilitation is completed. ``(2) Historic rehabilitation mortgage credit certificate.--For purposes of this subsection, the term `historic rehabilitation mortgage credit certificate' means a certificate-- ``(A) issued to the taxpayer, in accordance with procedures prescribed by the Secretary, with respect to a certified rehabilitation, ``(B) the face amount of which shall be equal to the credit which would (but for this subsection) be allowable under subsection (a) to the taxpayer with respect to such rehabilitation, ``(C) which may only be transferred by the taxpayer to a lending institution in connection with a loan-- ``(i) that is secured by the building with respect to which the credit relates, and ``(ii) the proceeds of which may not be used for any purpose other than the acquisition or rehabilitation of such building, and ``(D) in exchange for which such lending institution provides the taxpayer a reduction (determined as provided in such regulations) in the rate of interest on the loan. ``(3) Use of certificate by lender.--The amount of the credit specified in the certificate shall be allowed to the lender only to offset the regular tax (as defined in section 55(c)) of such lender. The lender may carry forward all unused amounts under this subsection until exhausted. ``(i) Recapture.-- ``(1) In general.--If, before the end of the 5-year period beginning on the date on which the rehabilitation of the building is completed (or, if subsection (g) applies, the date of purchase of such building by the taxpayer)-- ``(A) the taxpayer disposes of such taxpayer's interest in such building, or ``(B) such building ceases to be used as the principal residence of the taxpayer, the taxpayer's tax imposed by this chapter for the taxable year in which such disposition or cessation occurs shall be increased by the recapture percentage of the credit allowed under this section for all prior taxable years with respect to such rehabilitation. ``(2) Recapture percentage.--For purposes of paragraph (1), the recapture percentage shall be determined in accordance with the table under section 50(a)(1)(B), deeming such table to be amended-- ``(A) by striking `If the property ceases to be investment credit property within--' and inserting `If the disposition or cessation occurs within--', and ``(B) in clause (i) by striking `One full year after placed in service' and inserting `One full year after the taxpayer becomes entitled to the credit'. ``(j) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property (including any purchase under subsection (g) and any transfer under subsection (h)), the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(k) Processing Fees.--No State may impose a fee for the processing of applications for the certification of any rehabilitation under this section unless the amount of such fee is used only to defray expenses associated with the processing of such applications. ``(l) Denial of Double Benefit.--No credit shall be allowed under this section for any amount for which credit is allowed under section 47. ``(m) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations where less than all of a building is used as a principal residence and where more than 1 taxpayer use the same dwelling unit as their principal residence.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (24), by striking the period at the end of paragraph (25) and inserting ``, and'', and by adding at the end the following new item: ``(26) to the extent provided in section 23(j).''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Historic homeownership rehabilitation credit.''. (d) Effective Date.--The amendments made by this section shall apply with respect to rehabilitations the physical work on which begins after the date of enactment of this Act.

Historic Homeownership Assistance Act - Amends the Internal Revenue Code to allow a tax credit for 20 percent of the qualified rehabilitation expenditures made by a taxpayer with respect to a certified historic structure which has been substantially rehabilitated and which is owned by the taxpayer and used as his or her principal residence. Allows the credit for such expenditures to be taken by a purchaser of the rehabilitated home. Permits, in lieu of the credit, a historic rehabilitation mortgage credit certificate, which shall be transferred to a lender in exchange for a reduction in the rate of interest on the loan secured by the building.

Historic Homeownership Assistance Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Cuban Military Transparency Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Statement of policy. Sec. 4. Prohibitions on financial transactions with the Ministry of the Revolutionary Armed Forces or the Ministry of the Interior of Cuba. Sec. 5. Inclusion in Department of State rewards program of rewards for information leading to the arrest or conviction of individuals responsible for the February 24, 1996, attack on United States aircraft. Sec. 6. Coordination with INTERPOL. Sec. 7. Report on the role of the Ministry of the Revolutionary Armed Forces and the Ministry of the Interior of Cuba in the economy and foreign relationships of Cuba. Sec. 8. Report on use and ownership of confiscated property. Sec. 9. Termination. SEC. 2. FINDINGS. Congress makes the following findings: (1) In his December 17, 2014, announcement to pursue the normalization of relations with Cuba, President Barack Obama stated, ``I believe that more resources should be able to reach the Cuban people. So we're significantly increasing the amount of money that can be sent to Cuba, and removing limits on remittances that support humanitarian projects, the Cuban people, and the emerging Cuban private sector.''. (2) In his January 14, 2011, comments on the easing of travel sanctions, President Barack Obama also stated, ``These measures will increase people-to-people contact; support civil society in Cuba; enhance the free flow of information to, from, and among the Cuban people; and help promote their independence from Cuban authorities.''. (3) Article 18 of the 1976 Constitution of Cuba reads, ``The State directs and controls foreign commerce.''. (4) The largest company in Cuba is the Grupo Gaesa (Grupo de Administracion Empresarial S.A.), founded by General Raul Castro Ruz in the 1990s, controlled and operated by the Cuban military, which oversees all investments, and run by General Raul Castro's son-in-law, General Luis Alberto Rodriguez Lopez- Callejas. (5) Cuba's military-run Grupo Gaesa operates the tourism industry in Cuba, including hotels, resorts, foreign currency exchanges, car rentals, nightclubs, retail stores, and restaurants. (6) According to Hotels Magazine, Gaviota, S.A., owned by the Cuban military and a prominent subsidiary of Grupo Gaesa, is the largest hotel conglomerate in Latin America and the Caribbean. (7) The Cuban military, through its tourism conglomerates, is currently operating resort facilities in properties confiscated from United States citizens. (8) In 2003, a United States grand jury indicted General Ruben Martinez Puente, head of the Cuban Air Force, and two Cuban Air Force pilots, Col. Lorenzo Alberto Perez-Perez and Francisco Perez-Perez, on four counts of murder, two counts of destruction of aircraft, and one count of conspiracy to kill United States nationals for their roles in the February 24, 1996, attack by Cuban military jets over international waters on two United States civilian Cessna planes operated by the Brothers To The Rescue humanitarian organization. (9) The 2003 United States indictment against Cuban military officials is the only outstanding indictment against senior military officials from a country designated by the United States as a ``state sponsor of terrorism'' for the murder of United States nationals. (10) In a December 17, 2014, article in Politico, United States Representative James McGovern (D-MA) stated that General Raul Castro admitted to giving the order to shoot down the United States civilian planes that resulted in the murder of those United States nationals in 1996. ``I gave the order. I'm the one responsible.'', Castro told McGovern. (11) One of the Cuban spies exchanged in the December 17, 2014, deal by President Obama with the Cuban regime was Gerardo Hernandez, who was serving a life sentence for murder conspiracy in the deaths of three United States citizens, Armando Alejandre Jr., Carlos Costa, Mario de la Pena, and permanent resident of the United States, Pablo Morales. (12) The Cuban military played a central role in the 2013 trafficking incident that involved more than 240 metric tons of heavy weapons, including fully fueled MiG fighter jets, missiles, and air defense systems, to North Korea. (13) A United Nations panel of experts found that the trafficking incident described in paragraph (12) violated United Nations Security Council sanctions and was the largest weapons cache ever intercepted being transported to or from North Korea. The Cuban military refused to cooperate with United Nations investigators. (14) In February 2015, the Colombian authorities intercepted a Chinese-flagged vessel carrying a clandestine shipment of war materiel destined for the Cuban military, via one of its shadow companies, TecnoImport S.A. The shipment, disguised as grain products, included 99 rockets, 3,000 cannon shells, 100 tons of military-grade dynamite and 2,6000,000 detonators. (15) The Cuban military has provided military intelligence, weapons training, strategic planning, and security logistics to the military and security forces of Venezuela, which has contributed to the subversion of democratic institutions and violent suppression of peaceful protests in Venezuela. (16) The Cuba 2013 Human Rights Report prepared by the Department of State states that ``the military maintained effective control over the security forces, which committed human rights abuses against civil rights activists and other citizens alike.''. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to support the efforts of the people of Cuba to promote the establishment of basic freedoms in Cuba, including a democratic political system in which the military and other security forces are under the control of democratically elected civilian leaders; (2) to ensure that legal travel and trade with Cuba by citizens and residents of the United States does not serve to enrich or empower the military or other security forces of Cuba run by the Castro family; (3) to support the emergence of a government in Cuba that does not oppress the people of Cuba and does not use its military or other security forces to persecute, intimidate, arrest, imprison, or assassinate dissidents; (4) to bring to justice in the United States the officials of Cuba involved in the February 24, 1996, attack of two United States civilian Cessna aircraft by Cuban military jets over international waters; and (5) to counter the efforts of Cuba, through military and other assistance, to promote repression elsewhere in the Western Hemisphere, especially in Venezuela. SEC. 4. PROHIBITIONS ON FINANCIAL TRANSACTIONS WITH THE MINISTRY OF THE REVOLUTIONARY ARMED FORCES OR THE MINISTRY OF THE INTERIOR OF CUBA. (a) In General.--Except as provided in subsection (b), beginning on the date that is 30 days after the date of the enactment of this Act, and notwithstanding any other provision of law, a United States person shall not engage in any financial transaction with, or transfer of funds to, any of the following: (1) The Ministry of the Revolutionary Armed Forces of Cuba, the Ministry of the Interior of Cuba, or any subdivision of either such Ministry. (2) Any agency, instrumentality, or other entity that is operated or controlled by an entity specified in paragraph (1). (3) Any agency, instrumentality, or other entity owned by an entity specified in paragraph (1) in a percentage share exceeding 25 percent. (4) An individual who is a senior member of the Ministry of the Revolutionary Armed Forces of Cuba or the Ministry of the Interior of Cuba. (5) Any individual or entity-- (A) for the purpose of avoiding a financial transaction with, or transfer of funds to, an individual or entity specified in any of paragraphs (1) through (4); and (B) for the benefit of an individual or entity specified in any of paragraphs (1) through (4). (b) Exceptions.--The prohibitions on financial transactions and transfers of funds under subsection (a) shall not apply with respect to-- (1) the sale of agricultural commodities, medicines, and medical devices sold to Cuba consistent with the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.); (2) a remittance to an immediate family member; or (3) assistance or support in furtherance of democracy- building efforts for Cuba described in section 109 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6039). (c) Implementation; Penalties.-- (1) Implementation.--The President shall exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section, except that the President-- (A) shall not issue any general license authorizing, or otherwise authorize, any activity prohibited under subsection (a); and (B) shall require any United States person seeking to engage in a financial transaction or transfer of funds prohibited under subsection (a) to submit a written request to the Office of Foreign Assets Control of the Department of the Treasury. (2) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out subsection (a) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) United States Person Defined.--In this section, the term ``United States person'' means-- (1) a United States citizen or alien admitted for permanent residence to the United States; and (2) an entity organized under the laws of the United States or any jurisdiction within the United States. SEC. 5. INCLUSION IN DEPARTMENT OF STATE REWARDS PROGRAM OF REWARDS FOR INFORMATION LEADING TO THE ARREST OR CONVICTION OF INDIVIDUALS RESPONSIBLE FOR THE FEBRUARY 24, 1996, ATTACK ON UNITED STATES AIRCRAFT. Section 36(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)) is amended-- (1) in paragraph (9), by striking ``; or'' and inserting a semicolon; (2) in paragraph (10), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(11) the arrest or conviction in any country of any individual responsible for committing, conspiring or attempting to commit, or aiding or abetting in the commission of the attack on the aircraft of United States persons in international waters by the military of Cuba on February 24, 1996.''. SEC. 6. COORDINATION WITH INTERPOL. The Attorney General, in coordination with the Secretary of State, shall seek to coordinate with the International Criminal Police Organization (INTERPOL) to pursue the location and arrest of United States fugitives in Cuba, including current and former members of the military of Cuba, such as those individuals who committed, conspired or attempted to commit, or aided or abetted in the commission of the attack on the aircraft of United States persons in international waters by the military of Cuba on February 24, 1996, with a view to extradition or similar lawful action, including through the circulation of international wanted notices (commonly referred to as ``Red Notices''). SEC. 7. REPORT ON THE ROLE OF THE MINISTRY OF THE REVOLUTIONARY ARMED FORCES AND THE MINISTRY OF THE INTERIOR OF CUBA IN THE ECONOMY AND FOREIGN RELATIONSHIPS OF CUBA. (a) In General.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the President shall submit to Congress a report on the role of the Ministry of the Revolutionary Armed Forces and the Ministry of the Interior of Cuba with respect to the economy of Cuba. (b) Elements.--The report required by subsection (a) shall include the following: (1) An identification of entities the United States considers to be owned, operated, or controlled, in whole or in part, by the Ministry of the Revolutionary Armed Forces or the Ministry of the Interior of Cuba or any senior member of the Ministry of the Revolutionary Armed Forces or the Ministry of the Interior of Cuba. (2) An assessment of the business dealings with countries and entities outside of Cuba conducted by entities identified under paragraph (1) and officers of the Ministry of the Revolutionary Armed Forces or the Ministry of the Interior of Cuba. (3) An assessment of the relationship of the Ministry of the Revolutionary Armed Forces and the Ministry of the Interior of Cuba with the militaries of foreign countries, including whether either such Ministry has conducted joint training, exercises, financial dealings, or weapons purchases or sales with such militaries or provided advisors to such militaries. (c) Form of Report.--Each report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex. SEC. 8. REPORT ON USE AND OWNERSHIP OF CONFISCATED PROPERTY. (a) In General.--Not later than 90 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the President shall submit to Congress a report on the confiscation of property and the use of confiscated property by the Ministry of the Revolutionary Armed Forces and the Ministry of the Interior of Cuba. (b) Definitions.--In this section, the terms ``confiscated'' and ``confiscation'' have the meanings given those terms in section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6091). SEC. 9. TERMINATION. The provisions of this Act shall terminate on the date on which the President submits to Congress a determination under section 203(c)(3) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6063(c)(3)) that a democratically elected government in Cuba is in power.

Cuban Military Transparency Act This bill prohibits a U.S. person from engaging in any financial transaction with or transfer of funds to: the Ministry of the Revolutionary Armed Forces of Cuba or the Ministry of the Interior of Cuba (or any of their subdivisions); a senior member of such Ministries; any agency, instrumentality, or other entity that is more than 25% owned, or that is operated or controlled by, such a Ministry; or any individual or entity for the purpose of avoiding a prohibited financial transaction or transfer of funds that is for the benefit of that individual or entity. Such prohibitions shall not apply to: the sale to Cuba of agricultural commodities, medicines, and medical devices; a remittance to an immediate family member; or assistance in furtherance of democracy-building efforts for Cuba. A person that violates or attempts to violate such prohibitions shall be subject to specified penalties under the International Emergency Economic Powers Act. The Department of State rewards program under the State Department Basic Authorities Act of 1956 shall include rewards for information leading to the arrest or conviction in any country of any individual responsible for or aiding in the February 1996 attack on the aircraft of U.S. persons in international waters by the Cuban military. The Attorney General shall seek to coordinate with the International Criminal Police Organization (INTERPOL) to pursue the location and arrest of U.S. fugitives in Cuba, including current and former members of the Cuban military.

Cuban Military Transparency Act

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Capital Gains Tax Simplification Act of 1998''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. REDUCTION AND SIMPLIFICATION OF CAPITAL GAINS TAX. (a) In General.--Part I of subchapter P of chapter 1 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1203. CAPITAL GAINS DEDUCTION. ``If for any taxable year a taxpayer other than a corporation has a net capital gain, 38 percent of such gain shall be a deduction from gross income.'' (b) Deduction Allowable Whether or Not Taxpayer Itemizes Other Deductions.-- (1) Subsection (b) of section 63 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the deduction allowed by section 1203.'' (2) Subsection (d) of section 63 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the deduction allowed by section 1203.'' (c) Minimum Tax Treatment.-- (1) Paragraph (1) of section 56(b) is amended by adding at the end the following new subparagraph: ``(G) Capital gain deduction not applicable.-- Section 1203 shall not apply.'' (2) Subsection (b) of section 55 is amended by striking paragraph (3) and inserting the following new paragraphs: ``(3) Maximum tax on net capital gain.--The amount of tax determined under the first sentence of paragraph (1)(A)(i) shall not exceed the sum of-- ``(A) the amount determined under such first sentence computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the net capital gain, plus ``(B) a tax on the net capital gain determined by using the regular tax capital gains tax rates. ``(4) Regular tax on net capital gain.--For purposes of paragraph (3), the tax on the net capital gain determined by using the regular tax capital gains tax rates is the excess of-- ``(A) the tax that would be computed under section 1 if net capital gain were determined with the adjustments under this part, over ``(B) the tax that would be so computed under section 1 if the taxable income were reduced by 62 percent of the net capital gain as so determined.'' (d) Repeal of Tax Preference for Exclusion on Small Business Stock.-- (1) Subsection (a) of section 57 is amended by striking paragraph (7). (2) Subclause (II) of section 53(d)(1)(B)(ii) is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (e) Treatment of Collectibles.-- (1) In general.--Section 1222 is amended by inserting after paragraph (11) the following new paragraph: ``(12) Special rule for collectibles.-- ``(A) In general.--Any gain or loss from the sale or exchange of a collectible shall be treated as a short-term capital gain or loss (as the case may be), without regard to the period such asset was held. The preceding sentence shall apply only to the extent the gain or loss is taken into account in computing taxable income. ``(B) Treatment of certain sales of interests in partnerships, etc.--For purposes of subparagraph (A), any gain from the sale or exchange of an interest in a partnership, S corporation, or trust which is attributable to unrealized appreciation in the value of collectibles held by such entity shall be treated as gain from the sale or exchange of a collectible. Rules similar to the rules of section 751(f) shall apply for purposes of the preceding sentence. ``(C) Collectible.--For purposes of this paragraph, the term `collectible' means any capital asset which is a collectible (as defined in section 408(m) without regard to paragraph (3) thereof).'' (2) Charitable deduction not affected.-- (A) Paragraph (1) of section 170(e) is amended by adding at the end thereof the following new sentence: ``For purposes of this paragraph, section 1222 shall be applied without regard to paragraph (12) thereof (relating to special rule for collectibles).'' (B) Clause (iv) of section 170(b)(1)(C) is amended by inserting before the period at the end thereof the following: ``and section 1222 shall be applied without regard to paragraph (12) thereof (relating to special rule for collectibles)''. (f) Technical and Conforming Changes.-- (1) Section 1 is amended by striking subsection (h). (2) Subparagraph (E) of section 163(d)(4) is amended to read as follows: ``(E) Coordination with capital gains deduction.-- The net capital gain taken into account under section 1203 for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under subparagraph (B)(iii) for such year.'' (3) Paragraph (1) of section 170(e) is amended by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``62 percent (100 percent in the case of a corporation) of the amount of gain''. (4) Subparagraph (B) of section 172(d)(2) is amended to read as follows: ``(B) the exclusion under section 1202 and the deduction under section 1203 shall not be allowed.'' (5) The last sentence of section 453A(c)(3) is amended by striking all that follows ``long-term capital gain,'' and inserting ``the maximum rate on net capital gain under section 1201 or the deduction under section 1203 (whichever is appropriate) shall be taken into account.'' (6)(A) Section 641(d)(2)(A) is amended by striking ``Except as provided in section 1(h), the'' and inserting ``The''. (B) Section 641(d)(2)(C) is amended by inserting after clause (iii) the following new clause: ``(iv) The deduction under section 1203.'' (7) Paragraph (4) of section 642(c) is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any exclusion allowable under section 1202 and any deduction allowable under section 1203 to the estate or trust. In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).'' (8) Section 642 is amended by adding at the end the following new subsection: ``(j) Capital Gains Deduction.--The deduction under section 1203 to an estate or trust shall be computed by excluding the portion (if any) of the gains for the taxable year which is includible by the income beneficiaries under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts) as gain derived from the sale or exchange of capital assets.'' (9) The last sentence of section 643(a)(3) is amended to read as follows: ``The exclusion under section 1202 and the deduction under section 1203 shall not be taken into account.'' (10) Subparagraph (C) of section 643(a)(6) is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1203 (relating to capital gains deduction) shall not be taken into account''. (11) Paragraph (4) of section 691(c) is amended by striking ``1(h),'' and by inserting ``1203,'' after ``1202,''. (12) The second sentence of paragraph (2) of section 871(a) is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (13)(A) Paragraph (2) of section 904(b) is amended by striking subparagraphs (A) and (C), by redesignating subparagraph (B) as subparagraph (A), and by inserting after subparagraph (A) (as so redesignated) the following new subparagraph: ``(B) Other taxpayers.--In the case of a taxpayer other than a corporation, taxable income from sources outside the United States shall include gain from the sale or exchange of capital assets only to the extent of foreign source capital gain net income.'' (B) Subparagraph (A) of section 904(b)(2), as so redesignated, is amended-- (i) by striking all that precedes clause (i) and inserting the following: ``(A) Corporations.--In the case of a corporation-- '', and (ii) by striking in clause (i) ``in lieu of applying subparagraph (A),''. (C) Paragraph (3) of section 904(b) is amended by striking subparagraphs (D) and (E) and inserting the following new subparagraph: ``(D) Rate differential portion.--The rate differential portion of foreign source net capital gain, net capital gain, or the excess of net capital gain from sources within the United States over net capital gain, as the case may be, is the same proportion of such amount as the excess of the highest rate of tax specified in section 11(b) over the alternative rate of tax under section 1201(a) bears to the highest rate of tax specified in section 11(b).'' (14) Paragraph (1) of section 1402(i) is amended by inserting ``, and the deduction provided by section 1203 shall not apply'' before the period at the end thereof. (15) Paragraph (1) of section 1445(e) is amended by striking ``20 percent'' and inserting ``24.5 percent''. (16)(A) The second sentence of section 7518(g)(6)(A) is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) applies'', and (ii) by striking ``20 percent'' and inserting ``24.5 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936, is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) of such Code applies'', and (ii) by striking ``20 percent'' and inserting ``24.5 percent''. (g) Clerical Amendment.--The table of sections for part I of subchapter P of chapter 1 is amended by adding at the end the following new item: ``Sec. 1203. Capital gains deduction.'' (h) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 1998. (2) Withholding.--The amendments made by subsection (f)(15) shall apply only to amounts paid after December 31, 1998. (3) Repeal of election.--Section 311 of the Taxpayer Relief Act of 1997 is amended by striking subsection (e). (4) Coordination with prior transition rule.--Any amount treated as long-term capital gain by reason of paragraph (3) of section 1122(h) of the Tax Reform Act of 1986 shall not be taken into account for purposes of applying section 1203 of the Internal Revenue Code of 1986 (as added by this section).

Capital Gains Tax Simplification Act of 1998 - Amends the Internal Revenue Code to provide that, if for any taxable year a non-corporate taxpayer has a net capital gain, 38 percent of such gain shall be a deduction from gross income regardless of whether or not the taxpayer itemizes other deductions. Makes such deduction inapplicable to the alternative minimum tax. Revises provisions concerning the maximum and the regular tax on net capital gain for purposes of the alternative minimum tax. Repeals the tax preference for exclusion for gains on the sale of certain small business stock. Treats, as a general rule, any gain or loss from the sale or exchange of a collectible as a short-term gain or loss without regard to the period the asset was held. Amends the Taxpayer Relief Act of 1997, with respect to maximum capital gains rates for individuals, to repeal the allowance of an election to recognize gain on assets held on January 1, 2001.

Capital Gains Tax Simplification Act of 1998

SECTION 1. NOTIFICATION TO CONSUMERS OF FOOD PRODUCTS PRODUCED ON LAND ON WHICH SEWAGE SLUDGE HAS BEEN APPLIED. (a) Adulterated Food Under Federal Food, Drug, and Cosmetic Act.-- Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following new paragraph: ``(h)(1) Effective one year after the date of the enactment of this subsection, if it is a food (intended for human consumption and offered for sale) that was produced, or contains any ingredient that was produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the production of the food or ingredient on the land commenced; ``(B) the food bears a label that clearly indicates that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied; or ``(C) in the case of a raw agricultural commodity or other food generally offered for sale without labeling, a sign is posted within close proximity of the food to notify consumers that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied.''. (b) Adulterated Food Under Egg Products Inspection Act.--Section 4(a) of the Egg Products Inspection Act (21 U.S.C. 1033(a)) is amended-- (1) by striking ``or'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(9) effective one year after the date of the enactment of this paragraph, if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; or ``(B) the container bears a label that clearly indicates that the egg or egg product was derived from poultry that-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''. (c) Adulterated Food Under Federal Meat Inspection Act.--Section 1(m) of the Federal Meat Inspection Act (21 U.S.C. 601(m)) is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(10) effective one year after the date of the enactment of this paragraph, if it is derived from livestock that grazed, or consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the livestock began grazing on the land or the date on which the production of the animal feed on the land commenced; ``(B) the carcass, part thereof, meat or meat food product bears a label that clearly indicates that the livestock-- ``(i) grazed on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied; or ``(C) in the case of a carcass, part thereof, meat or meat food product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the livestock-- ``(i) grazed on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''. (d) Adulterated Food Under Poultry Products Inspection Act.-- Section 4(g) of the Egg Products Inspection Act (21 U.S.C. 453(g)) is amended-- (1) by striking ``or'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(9) effective one year after the date of the enactment of this paragraph, if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; ``(B) the poultry product bears a label that clearly indicates that the poultry contained in the product-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied; or ``(C) in the case of a poultry product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the poultry contained in the product-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''. (e) Special Rules for Organic Foods.-- (1) Crop production.--Section 2109 of the Organic Foods Production Act of 1990 (7 U.S.C. 6508) is amended by adding at the end the following new subsection: ``(d) Use of Sewage Sludge.--Notwithstanding section 402(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(h)) and section 4(a)(9) of the Egg Products Inspection Act (21 U.S.C. 1033(a)(9)), foods labeled `100 percent organic', `organic', or `made with organic ingredients' may not be produced using sewage sludge.''. (2) Animal production.--Section 2110 of the Organic Foods Production Act of 1990 (7 U.S.C. 6509) is amended by adding at the end the following new subsection: ``(h) Use of Sewage Sludge.--Notwithstanding section 1(m)(10) of the Federal Meat Inspection Act (21 U.S.C. 601(m)(10)) and section 4(g)(9) of the Egg Products Inspection Act (21 U.S.C. 453(g)(9)), any livestock that is to be slaughtered and sold or labeled as `organically produced' or that is to be used in the production of foods labeled `100 percent organic', `organic', or `made with organic ingredients' may not be raised using sewage sludge.''.

Amends the Federal Food, Drug, and Cosmetic Act, the Egg Products Inspection Act, the Federal Meat Inspection Act and the Poultry Products Inspection Act to deem food, eggs, egg products, meat, meat products, and poultry products adulterated if they are produced, or are from poultry or livestock that consumed feed produced, on land on which sewage sludge was applied unless certain requirements are met. Prohibits labeling such food as organic if sewage sludge was used to produce such food.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant Crib Safety Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The disability and death of infants resulting from injuries sustained in crib incidents are a serious threat to the public health, welfare, and safety of people of this country. (2) The design and construction of a baby crib must ensure that it is safe to leave an infant unattended for extended periods of time. A parent or caregiver has a right to believe that the crib in use is a safe place to leave an infant. (3) Each year about 12,400 children are injured in cribs seriously enough to require emergency room treatment. (4) Each year at least 43 children under the age of 4 die from injuries sustained in cribs. (5) The Consumer Product Safety Commission estimates that the cost to society resulting from deaths due to cribs is at least $150,000,000 per year. (6) Secondhand, hand-me-down, and heirloom cribs pose a special problem. There are nearly 4 million infants born in this country each year, but only an estimated one million to two million new cribs sold. Many infants are placed in secondhand, hand-me-down, or heirloom cribs. (7) Most crib deaths occur in secondhand, hand-me-down, or heirloom cribs. (8) Existing State and Federal legislation is inadequate to deal with the hazard presented by secondhand, hand-me-down, or heirloom cribs. (9) Prohibiting the contracting to sell, resell, lease, sublease of unsafe cribs that are not new, or otherwise place in the stream of commerce unsafe secondhand, hand-me-down, or heirloom cribs, will prevent injuries and deaths caused by cribs. (b) Purpose.--The purpose of this Act is to prevent the occurrence of injuries and deaths to infants as a result of unsafe cribs by making it unlawful-- (1) to manufacture, sell, or contract to sell any crib that is unsafe for any infant using it; or (2) to resell, lease, sublet, or otherwise place in the stream of commerce, after the effective date of this Act, any unsafe crib, particularly any unsafe secondhand, hand-me-down, or heirloom crib. SEC. 3. REQUIREMENTS FOR CRIBS. (a) Manufacture and Sale of Cribs.--It shall be unlawful for any commercial user to manufacture, sell, resell, lease, or otherwise place in the stream of commerce, any full-size or nonfull-size crib that-- (1) was manufactured before 1999; (2) does not conform to the safety standards described in subsection (c); or (3) has any missing, loose, or broken components. (b) Provision of Cribs by Lodging Facilities.--It shall be unlawful for any hotel, motel, or similar transient lodging facility to offer or provide for use or otherwise place in the stream of commerce, on or after the effective date of this Act, any full-size crib or nonfull- size crib that-- (1) was manufactured before 1999; (2) does not conform to the safety standards described in subsection (c); or (3) has any missing, loose, or broken components. (c) Crib Safety Standards.--A full-size or nonfull-size crib that is not in compliance with the following safety standards shall be considered to be a banned hazardous product under section 8 of the Consumer Product Safety Act (15 U.S.C. 2057): (1) Part 1508 of title 16 of the Code of Federal Regulations (requirements for full-size baby cribs). (2) Part 1509 of title 16 of the Code of Federal Regulations (requirements for nonfull-size baby cribs). (3) American Society for Testing Materials F406-07 Standard Consumer Safety Specification for Non-Full Size Baby Cribs/Play Yards. (4) American Society for Testing Materials F1169 Standard Specification for Full-Size Baby Crib. (5) American Society for Testing and Materials F966-00 Consumer Safety Specification for Full-Size and Non-Full Size Baby Crib Corner Post Extensions. (6) Part 1303 of title 16 of the Code of Federal Regulations. (7) Any amendments to the above regulations or standards or any other regulations or standards that are adopted in order to amend or supplement the regulations or standards described in paragraphs (1) through (6). The Consumer Product Safety Commission shall have the power to enforce the provisions of this section in the same manner that the Commission enforces rules declaring products to be banned hazardous products. (d) Exception.--These requirements shall not apply to a full-size crib or nonfull-size crib that is not intended for use by an infant, including a toy or display item, if at the time it is manufactured, made subject to a contract to sell or resell, leased, or otherwise placed in the stream of commerce, as applicable, it is accompanied by a notice to be furnished by each commercial user declaring that the crib is not intended to be used for an infant and is dangerous to use for an infant. SEC. 4. DURABILITY TEST REQUIREMENTS FOR CRIBS. Not later than 90 days after the date of enactment of this Act, the Consumer Product Safety Commission shall begin a rulemaking to revise parts 1508 and 1509 of title 16, Code of Federal Regulations, to-- (1) include the safety requirements specified in paragraphs (3) through (5) of section 3(c), or any successor standards thereto; and (2) address any potential hazards due to durability exhibited by cribs and play yards, taking into consideration-- (A) the Underwriters Laboratories standard UL-2275 for full-size baby cribs; and (B) the standards set forth in the Cribs and Cradle Regulations established by the Department of Justice of Canada, issued September 11, 1986 (SOR/86-962). SEC. 5. SOFT BEDDING WARNING LABELS. Not later than 1 year after the date of enactment of this Act, the Consumer Product Safety Commission shall promulgate a consumer product safety rule pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056) to require that all cribs manufactured and introduced into interstate commerce contain a warning label affixed to the crib in a conspicuous location warning consumers against the use of soft bedding for infants placed in the crib, including bumper pads, quilts, blankets, pillows, and sleep positioners. SEC. 6. DEFINITIONS. As used in this Act, the following definitions apply: (1) Commercial user.-- (A) The term ``commercial user'' means-- (i) any person who manufactures, sells, or contracts to sell full-size cribs or nonfull- size cribs; or (ii) any person who-- (I) deals in full-size or nonfull- size cribs that are not new or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to full-size cribs or nonfull-size cribs, including child care facilities and family child care homes; or (II) is in the business of contracting to sell or resell, lease, sublet, or otherwise placing in the stream of commerce full-size cribs or nonfull-size cribs that are not new. (B) The term ``commercial user'' does not mean an individual who sells a used crib at a one-time private sale. (2) Crib.--The term ``crib'' means a full-size crib or nonfull-size crib. (3) Full-size crib.--The term ``full-size crib'' means a full-size baby crib as defined in section 1508.1 of title 16 of the Code of Federal Regulations. (4) Infant.--The term ``infant'' means any person less than 35 inches tall or less than 2 years of age. (5) Nonfull-size crib.--The term ``nonfull-size crib'' means a nonfull-size baby crib as defined in section 1509.2(b) of title 16 of the Code of Federal Regulations (including a portable crib and a crib-pen described in paragraph (2) of subsection (b) of that section). (6) Sleep positioner.--The term ``sleep positioner'' means any wedge, roll, prop, or pillow designed to encourage one position during sleep. SEC. 7. EFFECTIVE DATE. The requirements of section 3 of this Act shall be effective 1 year after the date of enactment of this Act

Infant Crib Safety Act - Amends the Federal Hazardous Substances Act to make it unlawful for any commercial user to manufacture, sell, or otherwise place in the stream of commerce any full-size or nonfull-size crib which was made before 1999, does not conform to the standards of this Act, or has any missing, loose, or broken components. Makes it unlawful for any hotel, motel, or similar lodging facility to offer or provide such a crib. Considers to be a banned hazardous product under the Consumer Product Safety Act any crib which does not conform to specified regulations in the Code of Federal Regulations and standards of the American Society for Testing Materials, unless labeled as not intended to be used for, and dangerous to, an infant. Requires the Consumer Product Safety Commission (CPSC) to begin a rulemaking to include the requirements of the American Society for Testing Materials standards and to address any hazards due to crib and play yard durability. Requires the CPSC to promulgate a consumer product safety rule to require that cribs manufactured and introduced into interstate commerce contain a label warning consumers against the use of soft bedding. Includes in the definition of commercial user any person who manufactures or sells cribs or, by his or her occupation holds himself or herself out as having knowledge or skill peculiar to cribs, including child care facilities and family child care homes. Excludes from that definition an individual who sells a used crib at a one-time private sale.

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

SECTION 1. FINDINGS. The Congress makes the following findings: (1) Jesse Louis Jackson, Sr. was born on October 8, 1941, in Greenville, South Carolina. (2) In 1965 Jesse L. Jackson, Sr. joined the civil rights movement full-time, beginning his activism as a student leader in the sit-in movement and continuing as a young organizer for the Southern Christian Leadership Conference as an assistant to Dr. Martin Luther King, Jr. (3) On June 30, 1968, Jesse L. Jackson, Sr. became an ordained minister, having attended the Chicago Theological Seminary. (4) Jesse L. Jackson, Sr. served as the national director for Operation Breadbasket and, in 1971 in Chicago, Illinois, founded People United to Save Humanity, known as PUSH. (5) In 1984 Jesse L. Jackson, Sr. founded the National Rainbow Coalition, a national social justice organization devoted to political empowerment and to expanding educational and employment opportunities for disadvantaged people and for communities of color. (6) In 1996 Jesse L. Jackson, Sr. merged the National Rainbow Coalition and PUSH to continue the philosophies of both organizations and to maximize their resources. (7) Jesse L. Jackson, Sr. is, and has been for more than 30 years, one of the foremost political figures in the United States, playing a pivotal role in virtually every movement for human rights, civil rights, peace, gender equality, empowerment, and economic and social justice. (8) Jesse L. Jackson, Sr. has been and continues to be counted on to serve as a champion and spokesman for a segment of the population whose voices all too often are not heard. (9) Jesse L. Jackson, Sr. has been called the ``conscience of the Nation'' and the ``great unifier'', challenging the United States to establish just and humane priorities. (10) Jesse L. Jackson, Sr. has led a myriad of successful delegations, marches, and missions for justice, peace, and reconciliation. (11) Jesse L. Jackson, Sr. is a highly respected world leader who has acted on many occasions as an international diplomat. (12) In 1984 Jesse L. Jackson, Sr. secured the release of a captured Navy pilot, Lieutenant Robert Goodman, who was shot down over Lebanon. He also negotiated the release of 22 Americans and 26 Cubans in Cuba during 1984. (13) In 1990 Jesse L. Jackson, Sr. won the release of hundreds of foreign nationals, including 47 Americans, being held in Iraq and Kuwait by Saddam Hussein. (14) In October 1997 Jesse L. Jackson, Sr. was appointed by President William Jefferson Clinton and by Secretary of State Madeleine K. Albright as the Special Envoy of the President and the Secretary of State for the Promotion of Democracy in Africa. (15) On May 2, 1999, Jesse L. Jackson, Sr. obtained the negotiated release of Army Specialist Steven M. Gonzales and Staff Sergeants Christopher J. Stone and Andrew Ramirez, 3 United States soldiers who had spent 32 days in captivity in Yugoslavia as prisoners of war and hostages. (16) Jesse L. Jackson, Sr. has dedicated his life to the principles of freedom, peace, justice, international good will, and the struggle for civil rights and equality for Americans and for all peoples, at home and abroad. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of the Congress, a gold medal of appropriate design to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Authorization of Appropriation.--Effective February 1, 1999, there are authorized to be appropriated $30,000 to carry out this section. SEC. 3. DUPLICATE MEDALS. (a) Striking and Sale.--The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck under section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. (b) Reimbursement of Appropriation.--The appropriation used to carry out section 2 shall be reimbursed out of the proceeds of sales under subsection (a). SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code.

Authorizes the President to present to Jesse L. Jackson, on behalf of the Congress, a gold medal in recognition of his outstanding and enduring contributions to the Nation. Authorizes appropriations.

To authorize the President to award a gold medal on behalf of the Congress to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Native Veterans Land Allotment Equity Act''. SEC. 2. CLARIFICATION REGARDING OCCUPANCY OF NATIVE ALLOTMENTS IN NATIONAL FORESTS. Section 18(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1617(a)) is amended-- (1) by striking ``(a) No Native'' and inserting the following: ``(a) Revocation.-- ``(1) In general.--No Native''; (2) in the second sentence, by striking ``Further, the'' and inserting the following: ``(2) Repeal.--The''; (3) in the third sentence, by striking ``Notwithstanding the foregoing provisions of this section, any'' and inserting the following: ``(3) Applications for allotment.-- ``(A) In general.--Notwithstanding paragraphs (1) and (2), any''; and (4) in paragraph (3) (as designated by paragraph (3)), by adding at the end the following: ``(B) Certain applications approved.--Any allotment application pending before the Department of the Interior on December 18, 1971, that was closed by the Department pursuant to the civil action styled `Shields v. United States' (698 F.2d 987 (9th Cir. 1983), cert. denied (104 S. Ct. 73 (1983))) shall be reopened and considered to be approved pursuant to this paragraph.''. SEC. 3. OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR ALLOTMENTS. Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629g) is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``In General'' and inserting ``Alaska Native Veteran Allotments''; (B) by striking paragraphs (1) through (4) and inserting the following: ``(1) Allotments.-- ``(A) Eligible recipients.--Any person described in paragraph (1) or (2) of subsection (b) shall be eligible to receive an allotment under the Act of May 17, 1906 (34 Stat. 197, chapter 2469) (as in effect before December 18, 1971), of not more than 2 parcels of Federal land, the total area of which shall not exceed 160 acres. Any person described in paragraph (1) and (2) of subsection (b) who, prior to the date on which the Secretary promulgates regulations pursuant to section 4 of the Alaska Native Veterans Land Allotment Equity Act, received an allotment that has a total area of less than 160 acres shall be eligible to receive an allotment under the Act of May 17, 1906 (34 Stat. 197, chapter 2469) (as in effect before December 18, 1971), of not more than 1 parcel of Federal land, the total area of which shall not exceed the difference in acres between 160 acres and the total area of the allotment that the person previously received under the Act. ``(B) Filing deadline.--An allotment shall be filed for an eligible recipient not later than 3 years after the date on which the Secretary promulgates regulations pursuant to section 4 of the Alaska Native Veterans Land Allotment Equity Act. ``(2) Land available for allotments.-- ``(A) In general.--Subject to subparagraph (C), an allotment under this section shall be selected from land that is-- ``(i)(I) vacant; and ``(II) owned by the United States; ``(ii) selected by, or conveyed to, the State of Alaska, if the State voluntarily relinquishes or conveys to the United States the land for the allotment; or ``(iii) selected by, or conveyed to, a Native Corporation, if the Native Corporation voluntarily relinquishes or conveys to the United States the land for the allotment. ``(B) Relinquishment by native corporation.--If a Native Corporation relinquishes land under subparagraph (A)(iii), the Native Corporation may select appropriate Federal land, as determined by the Secretary, the area of which is equal to the area of the land relinquished by the Native Corporation, to replace the relinquished land. ``(C) Exclusions.--An allotment under this section shall not be selected from land that is located within-- ``(i) a right-of-way of the TransAlaska Pipeline; ``(ii) an inner or outer corridor of such a right-of-way; or ``(iii) a unit of the National Park System, a National Preserve, or a National Monument. ``(3) Alternative allotments.--A person described in paragraph (1) or (2) of subsection (b) who qualifies for an allotment under this section on land described in paragraph (2)(C) may select an alternative allotment from land that is-- ``(A) located within the boundaries of land described in paragraph (2)(C); ``(B)(i)(I) withdrawn under section 11(a)(1)(C); and ``(II) not selected, or relinquished after selection, under section 11(a)(3); ``(ii) contiguous to an outer boundary of land withdrawn under section 11(a)(1)(C); or ``(iii) vacant, unappropriated, and unreserved; and ``(C) not a unit of the National Park System, a National Preserve, or a National Monument.''; and (C) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (2) in subsection (b)-- (A) in paragraph (1), by striking subparagraph (B) and inserting the following: ``(B) is a veteran who served during the period beginning on August 5, 1964, and ending on May 7, 1975.''; (B) by striking paragraph (2) and inserting the following: ``(2) Deceased persons.--If an individual who would otherwise have been eligible for an allotment under this section dies before applying for an allotment, an heir of the person may apply for, and receive, an allotment under this section, on behalf of the estate of the person.''; and (C) by striking paragraph (3) and inserting the following: ``(3) Limitations.--No person who received an allotment or has a pending allotment under the Act of May 17, 1906, may receive an allotment under this section, other than-- ``(A) an heir who applies for, and receives, an allotment on behalf of the estate of a deceased person under paragraph (2); and ``(B) a person who, prior to the date on which the Secretary promulgates regulations pursuant to section 4 of the Alaska Native Veterans Land Allotment Equity Act, received an allotment under the Act of May 17, 1906 (34 Stat. 197, chapter 2469), that has a total area of less than 160 acres.''; (3) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; (4) by inserting after subsection (c) the following: ``(d) Approval of Allotments.-- ``(1) In general.--Subject to any valid right in existence on the date of enactment of the Alaska Native Veterans Land Allotment Equity Act, and except as provided in paragraph (3), not later than December 31, 2020, the Secretary shall-- ``(A) approve any application for an allotment filed in accordance with subsection (a); and ``(B) issue a certificate of allotment under such terms, conditions, and restrictions as the Secretary determines to be appropriate. ``(2) Notification.--Not later than December 31, 2017, on receipt of an application for an allotment under this section, the Secretary shall provide to any person or entity that has an interest in land described in subsection (a)(2) that is potentially adverse to the interest of the applicant a notice of the right of the person or entity, by not later than 90 days after the date of receipt of the notice-- ``(A) to initiate a private contest of the allotment; or ``(B) to file a protest against the allotment in accordance with procedures established by the Secretary. ``(3) Action by secretary.--If a private contest or protest relating to an application for an allotment is initiated or filed under paragraph (2), the Secretary shall not issue a certificate for the allotment under paragraph (1)(B) until a final determination has been made with respect to the private contest or protest. ``(e) Reselection.--A person that selected an allotment under this section may withdraw that selection and reselect land in accordance with this section after the date of enactment of the Alaska Native Veterans Land Allotment Equity Act, if the land originally selected-- ``(1) was selected before the date of enactment of the Alaska Native Veterans Land Allotment Equity Act; and ``(2) as of the date of enactment of that Act, was not conveyed to the person.''; and (5) by striking subsection (f), as designated by paragraph (3) and inserting: ``(f) Definitions.--For the purposes of this section: ``(1) The term `veteran' means a person who served in the active military, naval, or air service, and who was discharged or released therefrom. ``(2) The term `Vietnam era' has the meaning given the term by paragraph (29) of section 101 of title 38.''. SEC. 4. REGULATIONS. Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall promulgate, after consultation with Alaska Native organizations, final regulations to carry out the amendments made by this Act. During the consultation process, the Secretary shall, in coordination with Alaska Native organizations and to the greatest extent possible, identify persons who are eligible to receive an allotment under section 3 of this Act. Upon promulgation of the final regulations, the Secretary shall contact each of these persons directly to provide an explanation of the process by which the person may apply for an allotment under section 3 of this Act.

Alaska Native Veterans Land Allotment Equity Act (Sec. 2) This bill amends the Alaska Native Claims Settlement Act (ANCSA) to declare that any allotment application pending before the Department of the Interior on December 18, 1971, that was closed by Interior pursuant to the civil action Shields v. United States shall be reopened and considered to be approved. (Sec. 3) The bill revises the eligibility of Alaska Native Vietnam veterans for an allotment. Eligibility for allotments is extended to veterans who served between August 5, 1964, and May 7, 1975. Eligible persons may file for allotments of up to two parcels of federal land (as under current law) totaling up to 160 acres. The bill eliminates the limitation of these allotments to lands that were vacant, unappropriated, and unreserved on the date when the person eligible for the allotment first used and occupied them. Allotments may be selected from vacant federal lands or lands that have been selected by or conveyed to the state of Alaska or a Native corporation, if the state or corporation voluntarily relinquishes or conveys the land to the United States for allotment. The lands excluded from allotment are revised to: (1) lands in the right-of-way of the TransAlaska Pipeline; (2) the inner or outer corridor of such a right-of-way; or (3) a unit of the National Park System, a National Preserve, or a National Monument. The heir of a deceased eligible veteran, regardless of the cause of death, may apply for and receive an allotment. Persons who made an allotment selection under ANCSA and were not conveyed the allotment before enactment of this bill may reselect land.

Alaska Native Veterans Land Allotment Equity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Price Index for Elderly Consumers Act of 2009''. SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS. (a) In General.--The Bureau of Labor Statistics of the Department of Labor shall prepare and publish an index for each calendar month to be known as the ``Consumer Price Index for Elderly Consumers'' that indicates changes over time in expenditures for consumption which are typical for individuals in the United States who are 62 years of age or older. (b) Effective Date.--Subsection (a) shall apply with respect to calendar months ending on or after July 31 of the calendar year following the calendar year in which this Act is enacted. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the provisions of this section. SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES. (a) Amendments to Title II.-- (1) In general.--Section 215(i) of the Social Security Act (42 U.S.C. 415(i)) is amended-- (A) in paragraph (1)(G), by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''; and (B) in paragraph (4), by striking ``and by section 9001'' and inserting ``, by section 9001'', and by inserting after ``1986,'' the following: ``and by section 3(a) of the Consumer Price Index for Elderly Consumers Act,''. (2) Conforming amendments in applicable former law.-- Section 215(i)(1)(C) of such Act, as in effect in December 1978 and applied in certain cases under the provisions of such Act in effect after December 1978, is amended by inserting before the period the following: ``, and, solely with respect to any monthly insurance benefit payable under this title to an individual who has attained age 62, effective for adjustments under this subsection to the primary insurance amount on which such benefit is based (or to any such benefit under section 227 or 228) occurring after such individual attains such age, the applicable Consumer Price Index shall be deemed to be the Consumer Price Index for Elderly Consumers and such primary insurance amount shall be deemed adjusted under this subsection using such Index''. (3) Effective date.--The amendments made by paragraph (1) shall apply to determinations made with respect to cost-of- living computation quarters ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. (b) Amendments to Title XVIII.-- (1) In general.--Title XVIII of such Act (42 U.S.C. 1395 et seq.) is amended-- (A) in section 1814(i)(2)(B), by inserting ``(i) for accounting years ending before October 1 of the second calendar year following the calendar year in which the Consumer Price Index for Elderly Consumers Act was enacted,'' after ``for a year is'', and by inserting after ``fifth month of the accounting year'' the following: ``, and (ii) for accounting years ending after October 1 of such calendar year, the cap amount determined under clause (i) for the last accounting year referred to in such clause, increased or decreased by the same percentage as the percentage increase or decrease, respectively, in the medical care expenditure category (or corresponding category) of the Consumer Price Index for Elderly Consumers, published by the Bureau of Labor Statistics, from March of such calendar year to the fifth month of the accounting year''; (B) in section 1821(c)(2)(C)(ii)(II), by striking ``consumer price index for all urban consumers (all items; United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (C) in section 1833(h)(2)(A)(i), by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (D) in section 1833(i)(2)(C)(i), by striking ``Consumer Price Index for all urban consumers (U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (E) in each of subparagraphs (K), (L), and (M) of section 1834(a)(14), by striking ``consumer price index for all urban consumers (U.S. urban average)'' and inserting ``applicable consumer price index''; (F) in section 1834(h)(4)(A)(x), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (G) in section 1834(l)(3)(B), by striking ``consumer price index for all urban consumers (U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (H) in section 1839(i)(5)(A)(ii), by striking ``Consumer Price Index (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (I) in section 1842(s)(1), by striking ``consumer price index for all urban consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (J) in each of subparagraphs (D)(ii) and (E)(i)(II) of section 1860D-14(a)(3) and in each of clauses (i) and (ii) of section 1860D-14(a)(4)(A), by striking ``consumer price index (all items; U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (K) in section 1882(p)(11)(C)(ii), by striking ``Consumer Price Index for all urban consumers (all items; U.S. city average)'' and inserting ``Consumer Price Index for Elderly Consumers''; (L) in each of clauses (iv) and (vi)(II) of section 1886(h)(2)(E), by striking ``for all urban consumers''; and (M) in section 1886(h)(5)(B), by striking ``Consumer Price Index for All Urban Consumers (United States city average)'' and inserting ``Consumer Price Index for Elderly Consumers''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to determinations made for periods ending after December 31 of the second calendar year following the calendar year in which this Act was enacted.

Consumer Price Index for Elderly Consumers Act of 2009 - Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish a monthly Consumer Price Index for Elderly Consumers (CPIEC) that indicates changes over time in expenditures for consumption which are typical for individuals aged 62 years of age or older. Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) to use such new CPIEC in the computation of cost-of-living increases for Social Security and Medicare benefits, replacing the CPI for All Urban Consumers (U.S. city average).

To require the establishment of a Consumer Price Index for Elderly Consumers to compute cost-of-living increases for Social Security and Medicare benefits under titles II and XVIII of the Social Security Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cybersecurity Education Enhancement Act of 2007''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY TRAINING PROGRAMS AND EQUIPMENT. (a) In General.--The Secretary of Homeland Security, acting through the Assistant Secretary of Cybersecurity, shall establish, in conjunction with the National Science Foundation, a program to award grants to institutions of higher education (and consortia thereof) for-- (1) the establishment or expansion of cybersecurity professional development programs; (2) the establishment or expansion (or both) of associate degree programs in cybersecurity; and (3) the purchase of equipment to provide training in cybersecurity for either professional development programs or degree programs. (b) Roles.-- (1) Department of homeland security.--The Secretary, acting through the Assistant Secretary and in consultation with the Director of the National Science Foundation, shall establish the goals for the program established under this section and the criteria for awarding grants. (2) National science foundation.--The Director of the National Science Foundation shall operate the program established under this section consistent with the goals and criteria established under paragraph (1), including soliciting applicants, reviewing applications, and making and administering awards. The Director may consult with the Assistant Secretary in selecting awardees. (3) Funding.--The Secretary shall transfer to the National Science Foundation the funds necessary to carry out this section. (c) Awards.-- (1) Peer review.--All awards under this section shall be provided on a competitive, merit-reviewed basis. (2) Focus.--In making awards under this section, the Director shall, to the extent practicable, ensure geographic diversity and the participation of women and underrepresented minorities. (3) Preference.--In making awards under this section, the Director-- (A) shall give preference to applications submitted by consortia of institutions, to encourage as many students and professionals as possible to benefit from the program established under this section; and (B) shall give preference to any application submitted by a consortium of institutions that includes at least one institution that is eligible to receive funds under title III or V of the Higher Education Act of 1965. (d) Institution of Higher Education Defined.--In this section the term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary for carrying out this section $3,700,000 for each of fiscal years 2008 and 2009. SEC. 3. E-SECURITY FELLOWS PROGRAM. (a) Establishment of Program.--Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following: ``SEC. 226. E-SECURITY FELLOWS PROGRAM. ``(a) Establishment.-- ``(1) In general.--The Secretary shall establish a fellowship program in accordance with this section for the purpose of bringing State, local, tribal, and private sector officials to participate in the work of the National Cybersecurity Division in order to become familiar with the Department's stated cybersecurity missions and capabilities, including but not limited to-- ``(A) enhancing Federal, State, local, and tribal government cybersecurity; ``(B) developing partnerships with other Federal agencies, State, local, and tribal governments, and the private sector; ``(C) improving and enhancing public/private information sharing involving cyber attacks, threats, and vulnerabilities; ``(D) providing and coordinating incident response and recovery planning efforts; and ``(E) fostering training and certification. ``(2) Program name.--The program under this section shall be known as the E-Security Fellows Program. ``(b) Eligibility.--In order to be eligible for selection as a fellow under the program, an individual must-- ``(1) have cybersecurity-related responsibilities; and ``(2) be eligible to possess an appropriate national security clearance. ``(c) Limitations.--The Secretary-- ``(1) may conduct up to 2 iterations of the program each year, each of which shall be 180 days in duration; and ``(2) shall ensure that the number of fellows selected for each iteration does not impede the activities of the Division. ``(d) Condition.--As a condition of selecting an individual as a fellow under the program, the Secretary shall require that the individual's employer agree to continue to pay the individual's salary and benefits during the period of the fellowship. ``(e) Stipend.--During the period of the fellowship of an individual under the program, the Secretary shall, subject to the availability of appropriations, provide to the individual a stipend to cover the individual's reasonable living expenses during the period of the fellowship.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: ``Sec. 226. E-Security Fellows Program.''.

Cybersecurity Education Enhancement Act of 2008 - Directs the Secretary of Homeland Security, acting through the Assistant Secretary of Cybersecurity, to establish a program awarding competitive grants to institutions of higher education (IHEs) and consortia of IHEs for: (1) cybersecurity professional development programs; (2) associate degree programs in cybersecurity; and (3) the purchase of equipment to provide training in cybersecurity for professional development and degree programs. Gives grant priority to consortia of IHEs and such consortia that include IHEs eligible to receive funds under title III (Institutional Aid) or V (Developing Institutions) of the Higher Education Act of 1965. Authorizes FY2009-FY2010 appropriations for the grant program. Amends the Homeland Security Act of 2002 to direct the Secretary to establish a DHS Cybersecurity Fellows program to bring state, local, tribal, and private sector officials to participate in the work of the National Cybersecurity Division in order to assist with Department of Homeland Security's stated cybersecurity missions and capabilities. Urges the House of Representatives to designate a committee to serve as the single, principal point of cybersecurity oversight and review.

To authorize the Secretary of Homeland Security to establish a program to award grants to institutions of higher education for the establishment or expansion of cybersecurity professional development programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Remote Sensing Applications Act of 2005''. SEC. 2. FINDINGS. The Congress finds that-- (1) although urban land use planning, growth management, and other functions of State, local, regional, and tribal agencies are rightfully within their jurisdiction, the Federal Government can and should play an important role in the development and demonstration of innovative techniques to improve comprehensive land use planning and growth management; (2) the United States is making a major investment in acquiring remote sensing and other geospatial information from both governmental and commercial sources; (3) while much of the data is being acquired for scientific and national security purposes, it also can have important applications to help meet societal goals; (4) it has already been demonstrated that Landsat, commercial, and other earth observation data can be of enormous assistance to Federal, State, local, regional, and tribal agencies for urban land use planning, coastal zone management, natural and cultural resource management, and disaster monitoring; (5) remote sensing, coupled with the emergence of geographic information systems and satellite-based positioning information, offers the capability of developing important new applications of integrated sets of geospatial information to address societal needs; (6) the full range of applications of commercial and civil remote sensing and other forms of geospatial information to meeting public sector requirements has not been adequately explored or exploited; (7) the Land Remote Sensing Policy Act of 1992, Presidential Decision Directive 23 of 1994, the Commercial Space Act of 1998, and the United States Commercial Remote Sensing Policy, issued by the President on April 25, 2003, all support and promote the development of United States commercial remote sensing capabilities; (8) many State, local, regional, tribal, and Federal agencies are unaware of the utility of remote sensing and other geospatial information for meeting their needs, even when research has demonstrated the potential applications of that information; (9) remote sensing and other geospatial information can be particularly useful to State, local, regional, and tribal agencies in the area of urban planning, especially in their efforts to plan for and manage the impacts of growth, development, and sprawl, as well as in environmental impact and disaster relief planning and management; (10) the National Aeronautics and Space Administration, in coordination with other agencies, can play a unique role in demonstrating how data acquired for scientific purposes, when combined with other data sources and processing capabilities, can be applied to assist State, local, regional, and tribal agencies and the private sector in decisionmaking in such areas as agriculture, weather forecasting, and forest management; and (11) in addition, the National Aeronautics and Space Administration, in conjunction with other agencies, can play a unique role in stimulating the development of the remote sensing and other geospatial information sectors through pilot projects to demonstrate the value of integrating governmental and commercial remote sensing data with geographic information systems and satellite-based positioning data to provide useful applications products. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration; (2) the term ``geospatial information'' means knowledge of the nature and distribution of physical and cultural features on the landscape based on analysis of data from airborne or spaceborne platforms or other types and sources of data; (3) the term ``high resolution'' means resolution better than five meters; and (4) the term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 4. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS. (a) In General.--The Administrator shall establish a program of grants for competitively awarded pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. (b) Preferred Projects.--In awarding grants under this section, the Administrator shall give preference to projects that-- (1) make use of commercial data sets, including high resolution commercial satellite imagery and derived satellite data products, existing public data sets where commercial data sets are not available or applicable, or the fusion of such data sets; (2) integrate multiple sources of geospatial information, such as geographic information system data, satellite-provided positioning data, and remotely sensed data, in innovative ways; (3) include funds or in-kind contributions from non-Federal sources; (4) involve the participation of commercial entities that process raw or lightly processed data, often merging that data with other geospatial information, to create data products that have significant value added to the original data; and (5) taken together demonstrate as diverse a set of public sector applications as possible. (c) Opportunities.--In carrying out this section, the Administrator shall seek opportunities to assist-- (1) in the development of commercial applications potentially available from the remote sensing industry; and (2) State, local, regional, and tribal agencies in applying remote sensing and other geospatial information technologies for growth management. (d) Duration.--Assistance for a pilot project under subsection (a) shall be provided for a period not to exceed 3 years. (e) Report.--Each recipient of a grant under subsection (a) shall transmit a report to the Administrator on the results of the pilot project within 180 days of the completion of that project. (f) Workshop.--Each recipient of a grant under subsection (a) shall, not later than 180 days after the completion of the pilot project, conduct at least one workshop for potential users to disseminate the lessons learned from the pilot project as widely as feasible. (g) Regulations.--The Administrator shall issue regulations establishing application, selection, and implementation procedures for pilot projects, and guidelines for reports and workshops required by this section. SEC. 5. PROGRAM EVALUATION. (a) Advisory Committee.--The Administrator shall establish an advisory committee, consisting of individuals with appropriate expertise in State, local, regional, and tribal agencies, the university research community, and the remote sensing and other geospatial information industry, to monitor the program established under section 4. The advisory committee shall consult with the Federal Geographic Data Committee and other appropriate industry representatives and organizations. Notwithstanding section 14 of the Federal Advisory Committee Act, the advisory committee established under this subsection shall remain in effect until the termination of the program under section 4. (b) Effectiveness Evaluation.--Not later than December 31, 2009, the Administrator shall transmit to the Congress an evaluation of the effectiveness of the program established under section 4 in exploring and promoting the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Such evaluation shall have been conducted by an independent entity. SEC. 6. DATA AVAILABILITY. The Administrator shall ensure that the results of each of the pilot projects completed under section 4 shall be retrievable through an electronic, Internet-accessible database. SEC. 7. EDUCATION. The Administrator shall establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and tribal agencies of the potential applications of remote sensing and other geospatial information. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator $15,000,000 for each of the fiscal years 2006 through 2010 to carry out this Act.

Remote Sensing Applications Act of 2005 - (Sec. 4) Directs the Administrator of the National Aeronautics and Space Administration (NASA) to establish a program of grants for pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Requires the Administrator, in awarding grants, to give preference to specified types of projects. Requires the Administrator to seek opportunities to assist: (1) in the development of commercial applications potentially available from the remote sensing industry; and (2) State, local, regional, and tribal agencies in applying remote sensing and geospatial information technologies for growth management. Limits the provision of assistance for a project to three years. Requires each grant recipient to: (1) report project results to the Administrator; and (2) conduct at least one workshop for potential users to disseminate the lessons learned from the project. (Sec. 5) Requires the Administrator to establish an advisory committee to monitor the program. Instructs the advisory committee to consult with the Federal Geographic Data Committee and other industry representatives and organizations. Requires the Administrator to transmit to Congress an independent evaluation of program effectiveness. (Sec. 6) Directs the Administrator to ensure that project results are retrievable through an Internet-accessible database. (Sec. 7) Requires the Administrator to establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and tribal agencies of the potential applications of remote sensing and geospatial information. (Sec. 8) Authorizes appropriations.

To encourage the development and integrated use by the public and private sectors of remote sensing and other geospatial information, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Infrastructure Improvement Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Acquisition.--The term ``acquisition'' includes the addition of land, sites, equipment, structures, facilities, or rolling stock by purchase, lease-purchase, trade, or donation. (2) Commission.--The term ``Commission'' means the National Commission on the Infrastructure of the United States established by section 3(a). (3) Construction.--The term ``construction'' means-- (A) the design, planning, and erection of new infrastructure; (B) the expansion of existing infrastructure; (C) the reconstruction of an infrastructure project at an existing site; and (D) the installation of initial or replacement infrastructure equipment. (4) Infrastructure.-- (A) In general.--The term ``infrastructure'' means a nonmilitary structure or facility and equipment associated with that structure or facility. (B) Inclusions.--The term ``infrastructure'' includes-- (i) a surface transportation facility (such as a road, bridge, highway, public transportation facility, and freight and passenger rail); (ii) a mass transit facility; (iii) an airport or airway facility; (iv) a resource recovery facility; (v) a water supply and distribution system; (vi) a wastewater collection, treatment, and related facility; (vii) a waterway; (viii) a dock or port; (ix) a school building; and (x) a solid waste disposal facility. (5) Maintenance.--The term ``maintenance'' means any regularly scheduled activity, such as a routine repair, intended to ensure that infrastructure continues to operate efficiently. (6) Rehabilitation.--The term ``rehabilitation'' means-- (A) the correction of a deficiency in existing infrastructure so as to extend the useful life or improve the effectiveness of the infrastructure; (B) the modernization or replacement of equipment of existing infrastructure; and (C) the modernization of, or replacement of parts for, rolling stock relating to infrastructure. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``National Commission on the Infrastructure of the United States'' to ensure that the infrastructure of the United States-- (1) meets current and future demand; and (2) facilitates economic growth. (b) Membership.-- (1) Composition.--The Commission shall be composed of 7 members, of whom-- (A) 3 members shall be appointed by the President; (B) 1 member shall be appointed by the Speaker of the House of Representatives; (C) 1 member shall be appointed by the minority leader of the House of Representatives; (D) 1 member shall be appointed by the majority leader of the Senate; and (E) 1 member shall be appointed by the minority leader of the Senate. (2) Qualifications.--Each member of the Commission shall have experience in 1 or more of the fields of economics, public administration, civil engineering, public works, and related design professions, planning, or public investment financing. (3) Date of appointments.--The members of the Commission shall be appointed under paragraph (1) not later than 90 days after the enactment of this Act. (c) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled, not later than 30 days after the date on which the vacancy occurs, in the same manner as the original appointment was made. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (e) Meetings.--The Commission shall meet at the call of the Chairperson or the majority of the Commission members. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. SEC. 4. DUTIES. (a) Study.-- (1) In general.--Not later than February 15, 2007, the Commission shall complete a study of all matters relating to the state of the infrastructure of the United States. (2) Matters to be studied.--In carrying out paragraph (1), the Commission shall study such matters as-- (A) the capacity of infrastructure improvements to sustain current and anticipated economic development, including long-term economic construction and to support a sustained and expanding economy; (B) the age and condition of public infrastructure (including congestion and changes in the condition of that infrastructure as compared with preceding years); (C) the methods used to finance the construction, acquisition, rehabilitation, and maintenance of public works improvements (including general obligation bonds, tax-credit bonds, revenue bonds, user fees, excise taxes, direct governmental assistance, and private investment); (D) any trends or innovations in methods used to finance that construction, acquisition, rehabilitation, and maintenance; (E) investment requirements, by type of facility, that are necessary to maintain the current condition and performance of those facilities and the investment needed to improve those facilities in the future; (F)(i) the projected historical share of Federal, State, local, and other government levels of investment requirements as identified in subparagraph (E); and (ii) the projected expenditure on infrastructure facility improvements described in subparagraph (E) by each level of government; (G) estimates of the return to the economy from public works investment; (H) any trends or innovations in infrastructure procurement methods; and (I) any trends or innovations in construction methods or materials. (3) Consultation.--In carrying out paragraph (1), the Commission shall consult with appropriate stakeholders, including-- (A) the Secretary of the Army; (B) the Secretary of Agriculture; (C) the Secretary of Transportation; (D) the Administrator of the Environmental Protection Agency; (E) the Secretary of Commerce; (F) the Secretary of Education; (G) the Secretary of Energy; (H) the Secretary of the Treasury; (I) the Secretary of the Interior; (J) the Administrator of General Services; (K) associations representing private sector stakeholders; (L) associations representing State and local governments; and (M) such other individuals and entities as are determined to be appropriate by the Commission. (4) Resources; data.--In carrying out paragraph (1), to the maximum extent practicable, the Commission shall-- (A) use existing studies, data, sampling techniques, and reports of other commissions; and (B) if collecting new data under this section, make every effort to ensure that the data is collected in consultation with the States so as to ensure that uniform methods, categories, and analyses are used. (b) Recommendations.--The Commission shall develop recommendations-- (1) on a Federal infrastructure plan that will detail national infrastructure program priorities, including alternative methods of meeting national infrastructure needs to effectuate balanced growth and economic development; (2) on public works improvements and methods of delivering and providing for public work facilities; (3) for analysis or criteria and procedures that may be used by Federal agencies and State and local governments in-- (A) inventorying existing and needed public works improvements; (B) assessing the condition of public works improvements; and (C) developing uniform criteria and procedures for use in conducting those inventories and assessments; and (4) for proposed guidelines for the uniform reporting, by Federal agencies, of construction, acquisition, rehabilitation, and maintenance data with respect to infrastructure improvements. (c) Statement and Recommendations.--Not later than February 15, 2007, the Commission shall submit to Congress-- (1) a detailed statement of the findings and conclusions of the Commission; and (2) the recommendations of the Commission under subsection (b), including recommendations for such legislation and administrative actions for 5-, 15-, 30-, and 50-year time periods as the Commission considers to be appropriate. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission shall hold such hearings, meet and act at such times and places, take such testimony, administer such oaths, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this Act. (2) Provision of information.--On request of the Chairperson of the Commission, the head of the Federal agency shall provide the information to the Commission. (c) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (d) Contracts.--The Commission may enter into contracts with other entities, including contracts under which 1 or more entities, with the guidance of the Commission, conduct the study required under section 4(a). (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--A member of the Commission shall serve without pay, but shall be allowed a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (b) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws, including regulations, appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by a majority of the members of the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--In no event shall any employee of the Commission (other than the executive director) receive as compensation an amount in excess of the maximum rate of pay for Executive Level IV under section 5315 of title 5, United States Code. (c) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Commission without reimbursement. (2) Civil service status.--The detail of a Federal employee shall be without interruption or loss of civil service status or privilege. (d) Procurement of Temporary and Intermittent Services.--On request of the Commission, the Secretary of the Army, acting through the Chief of Engineers, shall provide, on a reimbursable basis, such office space, supplies, equipment, and other support services to the Commission and staff of the Commission as are necessary for the Commission to carry out the duties of the Commission under this Act. SEC. 7. CONGRESSIONAL BUDGET OFFICE REVIEW. Not later than 90 days after the date on which the report under section 4(c) is submitted to Congress by the Commission, the Congressional Budget Office shall review the report and submit a report on the results of the review to the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 8. FUNDING. (a) Fiscal Year 2005.--For fiscal year 2005, from amounts otherwise made available to the Secretary of the Army for the purpose of civil works for that fiscal year, the Secretary of the Army shall transfer to the Commission such amount, not to exceed $2,000,000, as the Commission may request to carry out this Act. (b) Future Fiscal Years.--There is authorized to be appropriated to the Commission to carry out this Act $1,000,000 for each of fiscal years 2006 and 2007. SEC. 9. TERMINATION OF COMMISSION. The Commission shall terminate on September 30, 2007.

National Infrastructure Improvement Act of 2004 - Establishes the National Commission on the Infrastructure of the United States to ensure that U.S. infrastructure meets current and future demand and facilitates economic growth. Requires the Commission to study the state of U.S. infrastructure, including such matters as: (1) the capacity of infrastructure improvements to sustain economic development; (2) the age and condition of public infrastructure; (3) the methods used to finance the construction, acquisition, rehabilitation, and maintenance of public works improvements; (4) investment requirements needed to maintain and to improve facilities and the projected share of investment requirements and expenditures on infrastructure facility improvements by Federal, State, and local governments; and (5) estimates of the return to the economy from public works investment. Directs the Commission to develop recommendations regarding: (1) a Federal infrastructure plan that will detail national infrastructure program priorities; (2) public works improvements and methods of delivering and providing for public work facilities; (3) analysis or criteria and procedures that may be used by Federal agencies and State and local governments in inventorying existing and needed public works improvements, assessing the condition of improvements, and developing uniform criteria and procedures; and (4) proposed guidelines for the uniform reporting by Federal agencies of data regarding infrastructure improvements.

A bill to establish a National Commission on the Infrastructure of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreational Fee Authority Act of 2004''. SEC. 2. RECREATION FEE AUTHORITY. (a) In General.--Beginning on January 1, 2006, the Secretary of the Interior (``Secretary'') may establish, modify, charge, and collect fees for admission to a unit of the National Park System and the use of National Park Service (``Service'') administered areas, lands, sites, facilities, and services (including reservations) by individuals and/or groups. Fees shall be based on an analysis by the Secretary of-- (1) the benefits and services provided to the visitor; (2) the cumulative effect of fees; (3) the comparable fees charged elsewhere and by other public agencies and by nearby private sector operators; (4) the direct and indirect cost and benefit to the government; (5) public policy or management objectives served; (6) economic and administrative feasibility of fee collection; and (7) other factors or criteria determined by the Secretary. (b) Number of Fees.--The Secretary shall establish the minimum number of fees and shall avoid the collection of multiple or layered fees for a wide variety of uses, activities or programs. (c) Analysis.--The results of the analysis together with the Secretary's determination of appropriate fee levels shall be transmitted to the Congress at least three months prior to publication of such fees in the Federal Register. New fees and any increases or decreases in established fees shall be published in the Federal Register and no new fee or change in the amount of fees shall take place until at least 12 months after the date the notice is published in the Federal Register. (d) Additional Authorities.--Beginning on January 1, 2006, the Secretary may enter into agreements, including contracts to provide reasonable commissions or reimbursements with any public or private entity for visitor reservation services, fee collection and/or processing services. (e) Administration.--The Secretary may provide discounted or free admission days or use, may modify the National Park Passport, established pursuant to Public Law 105-391, and shall provide information to the public about the various fee programs and the costs and benefits of each program. (f) State Agency Admission and Special Use Passes.--Effective January 1, 2006, and notwithstanding the Federal Grants Cooperative Agreements Act, the Secretary may enter into revenue sharing agreements with State agencies to accept their annual passes and convey the same privileges, terms and conditions as offered under the auspices of the National Park Passport, to State agency annual passes and shall only be accepted for all of the units of the National Park System within the boundaries of the State in which the specific revenue sharing agreement is entered into except where the Secretary has established a fee that includes a unit or units located in more than one State. SEC. 3. DISTRIBUTION OF RECEIPTS. Without further appropriation, all receipts collected pursuant to the Act or from sales of the National Park Passport shall be retained by the Secretary and may be expended as follows: (1) 80 percent of amounts collected at a specific area, site, or project as determined by the Secretary, shall remain available for use at the specific area, site or project, except for those units of the National Park System that participate in an active revenue sharing agreement with a State under Section 2(f) of this Act, not less than 90 percent of amounts collected at a specific area, site, or project shall remain available for use. (2) The balance of the amounts collected shall remain available for use by the Service on a Service-wide basis as determined by the Secretary. (3) Monies generated as a result of revenue sharing agreements established pursuant to Section 2(f) may provide for a fee-sharing arrangement. The Service shares of fees shall be distributed equally to all units of the National Park System in the specific States that are parties to the revenue sharing agreement. (4) Not less than 50 percent of the amounts collected from the sale of the National Park Passport shall remain available for use at the specific area, site, or project at which the fees were collected and the balance of the receipts shall be distributed in accordance with paragraph 2 of this Section. SEC. 4. EXPENDITURES. (a) Use of Fees at Specific Area, Site, or Project.--Amounts available for expenditure at a specific area, site or project shall be accounted for separately and may be used for-- (1) repair, maintenance, facility enhancement, media services and infrastructure including projects and expenses relating to visitor enjoyment, visitor access, environmental compliance, and health and safety; (2) interpretation, visitor information, visitor service, visitor needs assessments, monitoring, and signs; (3) habitat enhancement, resource assessment, preservation, protection, and restoration related to recreation use; and (4) law enforcement relating to public use and recreation. (b) The Secretary may use not more than fifteen percent of total revenues to administer the recreation fee program including direct operating or capital costs, cost of fee collection, notification of fee requirements, direct infrastructure, fee program management costs, bonding of volunteers, start-up costs, and analysis and reporting on program accomplishments and effects. SEC. 5. REPORTS. On January 1, 2009, and every three years thereafter the Secretary shall submit to the Congress a report detailing the status of the Recreation Fee Program conducted in units of the National Park System including an evaluation of the Recreation Fee Program conducted at each unit of the National Park System; a description of projects that were funded, work accomplished, and future projects and programs for funding with fees, and any recommendations for changes in the overall fee system. Passed the Senate May 19, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Recreational Fee Authority Act of 2004 - (Sec. 2) Authorizes the Secretary of the Interior, beginning on January 1, 2006, to establish, modify, charge, and collect fees for: (1) admission to a unit of the National Park System (NPS); and (2) the use of National Park Service administered areas, lands, sites, facilities, and services by individuals and/or groups. Requires fees to be based on an analysis of specified factors, including: (1) the benefits and services provided to the visitor; (2) the cumulative effect of fees; (3) the comparable fees charged elsewhere and by other public agencies and by nearby private sector operators; (4) the direct and indirect cost and benefit to the Government; (5) public policy or management objectives served; and (6) economic and administrative feasibility of fee collection. Directs the Secretary to establish the minimum number of fees and avoid the collection of multiple or layered fees. Requires: (1) the results of the analysis together with the Secretary's determination of appropriate fee levels to be transmitted to Congress at least three months prior to publication of such fees in the Federal Register; and (2) proposed new fees or changes to be published in the Federal Register and prohibits them from taking effect for 12 months after the date the notice is published. Authorizes the Secretary to: (1) enter into agreements, beginning on January 1, 2006, with public or private entities to provide visitor reservation services and fee collection and/or processing services; (2) provide discounted or free admission days or use, modify the National Park Passport, and provide information to the public about various fee programs and program costs and benefits; and (3) enter into revenue sharing agreements with State agencies, effective January 1, 2006, to accept their annual passes for NPs units within the State. (Sec. 3) Requires, without further appropriation, all receipts collected pursuant to this Act or from sales of the Passport to be retained by the Secretary and permits expenditure of such sums as follows: (1) 80 percent of amounts collected at a specific area, site, or project (area) shall remain available for use at the specific area, except for those NPS units that participate in an active revenue sharing agreement with a State (in which case not less than 90 percent of amounts collected at a specific area shall remain available for use); (2) the balance of the amounts collected shall remain available for use by the National Park Service on a Service-wide basis; (3) monies generated as a result of revenue sharing agreements may provide for a fee-sharing arrangement (with the Service shares of fees being distributed equally to all NPS units in the specific States that are parties to the agreement); and (4) not less than 50 percent of the amounts collected from the sale of the Passport shall remain available for use at the specific area at which the fees were collected and the balance of the receipts shall be distribution as specified. (Sec. 4) Provides that amounts available for expenditure at a specific area shall be accounted for separately and may be used for: (1) repair, maintenance, facility enhancement, media services and infrastructure including projects and expenses relating to visitor enjoyment, visitor access, environmental compliance, and health and safety; (2) interpretation, visitor information, visitor service, visitor needs assessments, monitoring, and signs; (3) habitat enhancement, resource assessment, preservation, protection, and restoration related to recreation use; and (4) law enforcement relating to public use and recreation. Limits the Secretary to using 15 percent of total revenues to administer the recreation fee program including direct operating or capital costs, cost of fee collection, notification of fee requirements, direct infrastructure, fee program management costs, bonding of volunteers, startup costs, and analysis and reporting on program accomplishments and effects. (Sec. 5) Directs the Secretary, on January 1, 2009, and every three years thereafter, to submit to Congress a report detailing the status of the Recreation Fee Program conducted in NPS units, including: (1) an evaluation of the Program conducted at each unit; (2) a description of projects that were funded, work accomplished, and future projects and programs for funding with fees; and (3) any recommendations for changes in the overall fee system.

A bill to enhance the Recreational Fee Demonstration Program for the National Park Service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Soledad Canyon Settlement Act''. SEC. 2. DEFINITIONS. In this Act: (1) City of santa clarita.--The term ``City of Santa Clarita'' means the City of Santa Clarita, California. (2) City of victorville.--The term ``City of Victorville'' means the City of Victorville, California. (3) Contracts.--The term ``contracts'' means the Bureau of Land Management mineral contracts numbered CA-20139 and CA- 22901. (4) Contract holder.--The term ``contract holder'' means the private party to the contracts, and any successors that hold legal interests in the contracts. (5) County of san bernardino.--The term ``County of San Bernardino'' means the County of San Bernardino, California. (6) Map.--The term ``Map'' means the map entitled ``Victorville disposal area, California'' and dated March 2011. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Victorville disposal area.--The term ``Victorville disposal area'' means the 10,206.05 acres of land identified for disposal in the West Mojave Land Management Plan (2006) of the Bureau of Land Management and depicted on the Map. SEC. 3. APPRAISAL; COMPENSATION TO CONTRACT HOLDER. (a) Appraisals.-- (1) Contract appraisal.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall determine by mineral appraisal, using the discounted cash flow method of appraisal (in accordance with the appraisal guidelines for appraisals of large quantities of mineral materials contained in section IV(E) of BLM Mineral Material Appraisal Handbook H-3630)-- (i) the fair market value of the contracts; and (ii) the amount of royalties the Federal Government would receive under the contracts over the 10-year period beginning on the date of enactment of this Act. (B) Considerations.--In making the determination under subparagraph (A), the Secretary shall assume that-- (i) the contract holder has obtained all the permits and entitlements necessary to mine, produce, and sell sand and gravel under the contract; and (ii) mining operations under the contract have commenced at the time of the determination, with maximum annual production volumes that-- (I) are based on the projected supply and demand outlook at the time of determination; and (II) reflect depletion of the reserves that are subject to the contract within the effective periods of the contract. (C) Donation.--The Secretary shall provide to the contract holder and the City of Santa Clarita a list of approved appraisers from which the parties shall select and provide the funding to cover the costs of the appraisal under subparagraph (A). (2) Land appraisal.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall determine by appraisal standards under existing laws and regulations, the fair market value of the Victorville disposal area on a net present value basis. (B) Donation.--The Secretary shall provide to the contract holder and the City of Santa Clarita a list of approved appraisers from which the parties shall select and provide the funding to cover the costs of the appraisal under subparagraph (A). (b) Compensation.-- (1) In general.--Subject to paragraph (2), not later than 30 days after completion of the appraisals under subsection (a), the Secretary shall offer the contract holder compensation for the cancellation of the contracts. (2) Conditions on offer.--An offer made by the Secretary under paragraph (1) shall be subject to the following conditions: (A) The cancellation of the contracts and the provision of compensation shall be contingent on the availability of funds from the sale of the Victorville disposal area under section 4, and any additional compensation provided under subparagraph (D), as determined necessary by the Secretary. (B) The amount of compensation offered by the Secretary under this subsection shall be equal to or less than the fair market value of the contracts, as determined under subsection (a)(1)(A)(i). (C) The amount of compensation offered by the Secretary under this subsection shall be equal to or less than the projected revenues generated by the sale of the Victorville disposal area under section 4, less the projected lost royalties to the Federal Government over the 10-year period beginning on the date of enactment of this Act, as determined under subsection (a)(1)(A)(ii). (D) If the amount of projected revenues described in subparagraph (C) is less than the fair market value determined under subsection (a)(1)(A)(i), the Secretary shall, not later than 60 days after the date on which the Director of the Bureau of Land Management determines the projected revenues under subparagraph (C), negotiate an agreement with the contract holder and the City of Santa Clarita to provide to the Secretary amounts equal to the difference, in the form of-- (i) compensation to be received by the contract holder; and (ii) compensation in a form acceptable to the Secretary to be provided by the City of Santa Clarita. (3) Acceptance of offer.-- (A) In general.--The contract holder shall have 60 days from the later of the date on which the Secretary makes the offer under paragraph (1) or an agreement is negotiated under paragraph (2)(D) to accept the offer or agreement. (B) Failure to accept offer.--If the contract holder does not accept the offer under paragraph (1) or if an agreement is not negotiated under paragraph (2)(D) within the time period described in subparagraph (A), the contracts shall remain in effect and no further actions shall taken be taken pursuant to this Act. SEC. 4. SALE OF LAND NEAR VICTORVILLE, CALIFORNIA. (a) In General.--Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713) and subject to subsections (b) through (f), not later than 2 years after the date of enactment of this Act, the Secretary shall place on the market and offer for sale by competitive bidding and in a manner designed to obtain the highest price possible, all right, title, and interest of the United States in and to the Victorville disposal area. (b) Availability of Map.--The Secretary shall keep the Map on file and available for public inspection in-- (1) the office of the Director of the Bureau of Land Management; and (2) the district office of the Bureau of Land Management located in Barstow, California. (c) Right of Local Land Use Authority To Purchase Certain Land.-- (1) In general.--Before a sale of land under subsection (a), the Secretary shall provide to the applicable local land use authority an exclusive preemptive right, as determined under State law, to purchase any right, title, or interest of the United States in and to any portion of the parcels of land identified as ``Area A'' and ``Area B'' on the Map that is located within the jurisdiction of the local land use authority. (2) Timing.--A preemptive right under paragraph (1) shall be in effect for a period of 30 days before the land is sold under subsection (a). (3) Authority.--During the period described in paragraph (2), the local land use authority may purchase some or all of the right, title, and interest of the United States, as provided in subsection (a), in and to the land to be offered for sale at fair market value, as determined by an appraisal conducted by the Secretary. (4) Exercising right.--If the local land use authority exercises the preemptive right under paragraph (1), the Secretary shall convey the land to the local land use authority immediately on payment by the local land use authority of the entire purchase price of the applicable parcel of land. (5) Failure to pay.--Failure by the local land use authority to purchase and pay for the right, title, and interest of the United States in and to the land described in paragraph (1) within the time period described in paragraph (2) and to comply with any other terms and conditions as the Secretary may require shall terminate the preemptive right of the local land use authority with respect to the right, title, and interest offered for sale. (d) Withdrawal and Reservation.-- (1) Withdrawal.--Subject to valid existing rights, the land described in subsection (a) is withdrawn from-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) Reservation.--In any sale or other disposal of land under this section, there shall be reserved by the United States the right of the United States to prospect for, mine, and remove minerals from the conveyed land. (e) Consultation.--In addition to any consultation otherwise required by law, before initiating efforts to dispose of land under this section, the Secretary shall consult with the City of Victorville, the County of San Bernardino, and surface owners in the jurisdiction in which the land is located regarding the potential impact of the disposal and other appropriate aspects of the disposal. (f) Account.--The gross proceeds of a sale of land under subsection (a) shall be deposited in an account acceptable to the Secretary and available only for the purposes of carrying out this Act. SEC. 5. CANCELLATION OF CONTRACTS. (a) In General.--On completion of the compensation to the contract holder for the value of each contract in accordance with subsection (b), the Secretary shall cancel the contracts and withdraw those areas that were subject to the contracts from further mineral entry under all mineral leasing and sales authorities available to the Secretary. (b) Compensation; Cancellation; Retention of Funds.-- (1) In general.--Subject to paragraph (3), the Secretary shall provide to the contract holder the compensation agreed to under section 3(b) by disbursement of amounts from the account, in 4 equal payments, as funds are available; (2) Cancellation.-- (A) Contract ca-20139.--On completion of the first 2 payments to the contract holder under paragraph (1), the Secretary shall cancel contract CA-20139. (B) Contract ca-22901.--On completion of the remaining 2 payments to the contract holder under paragraph (1), the Secretary shall cancel contract CA- 22901. (3) Retention of funds.--The Secretary shall retain sufficient funds to cover the projected lost royalties determined under section 3(a)(1)(A)(ii). (c) Release and Waiver.--Upon acceptance and receipt of compensation under subsection (b), the contract holder shall waive all claims against the United States arising out of, or relating to, the cancellation of the contracts.

Soledad Canyon Settlement Act - Directs the Secretary of the Interior to offer to cancel Bureau of Land Management (BLM) mineral contracts CA-20139 and CA-22901 (located in Soledad Canyon, California) and compensate the contract holder for the cancellation with proceeds from the sale of lands near Victorville, California. Withdraws affected areas from mineral leasing.

Soledad Canyon Settlement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supply Our Soldiers Act of 2005''. SEC. 2. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED FORCES. (a) In General.--The Secretary of Defense, in consultation with the United States Postal Service, shall provide for a program under which postal benefits shall be provided to qualified individuals in accordance with succeeding provisions of this Act. (b) Qualified Individual.--For purposes of this Act, the term ``qualified individual'' means an individual who is-- (1) a member of the Armed Forces of the United States on active duty (as defined in section 101 of title 10, United States Code); and (2)(A) serving in Iraq or Afghanistan; or (B) hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury incurred as a result of service in Iraq or Afghanistan. (c) Postal Benefits Described.-- (1) In general.--The postal benefits provided under this Act shall consist of such coupons or other similar evidence of credit (whether in printed, electronic, or other format, and hereinafter in this Act referred to as ``vouchers'') as the Secretary of Defense (in consultation with the Postal Service) shall determine, entitling the bearer or user to make qualified mailings free of postage. (2) Qualified mailing.--For purposes of this Act, the term ``qualified mailing'' means the mailing of any mail matter which-- (A) is described in subparagraph (A), (B), (C), or (D) of paragraph (3); (B) is sent from within an area served by a United States post office; and (C) is addressed to a qualified individual. (3) Mail matter described.--The mail matter described in this paragraph is-- (A) any letter mail not exceeding 13 ounces in weight and having the character of personal correspondence; (B) any sound- or video-recorded communications not exceeding 15 pounds in weight and having the character of personal correspondence; (C) any ground parcel not exceeding 15 pounds in weight; and (D) any bound printed matter not exceeding 15 pounds in weight. (4) Limitations.-- (A) Number.--An individual shall be eligible for 1 voucher for each month in which such individual is a qualified individual. (B) Use.--Any such voucher may not be used-- (i) for more than a single qualified mailing; or (ii) after the earlier of-- (I) the expiration date of such voucher, as designated by the Secretary of Defense; or (II) the last day of the 1-year period referred to in section 4. (5) Coordination rule.--Postal benefits under this Act shall be in addition to, and not in lieu of, any reduced rates of postage or other similar benefits which might otherwise be available by or under law, including any rates of postage resulting from the application of section 3401(b) of title 39, United States Code. (d) Regulations.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense (in consultation with the Postal Service) shall prescribe any regulations necessary to carry out this Act, including-- (1) procedures by which vouchers will be provided or made available (including measures to allow vouchers to reach, in a timely manner, the persons selected by qualified individuals to use the vouchers); and (2) procedures to ensure that the number of vouchers provided or made available with respect to any qualified individual complies with subsection (c)(4)(A). SEC. 3. FUNDING. (a) In General.--There is authorized to be appropriated to the Department of Defense a sum determined by the Department of Defense to be equal to the expenses incurred by the Department in providing the benefits described in section 2(c). (b) Transfers to Postal Service.-- (1) Based on estimates.--The Department of Defense shall transfer to the Postal Service, out of any amount so appropriated and in advance of each calendar quarter during which postal benefits under this Act may be used, an amount equal to the amount of postal benefits that the Department of Defense estimates will be used during such quarter, reduced or increased (as the case may be) by any amounts by which the Department finds that a determination under this Act for a prior quarter was greater than or less than the amount finally determined for such quarter. (2) Based on final determination.--A final determination of the amount necessary to correct any previous determination under this section, and any transfer of amounts between the Postal Service and the Department of Defense based on that final determination, shall be made not later than 6 months after the end of the 1-year period referred to in section 4. (c) Consultation Required.--All estimates and determinations under this section of the amount of postal benefits under this Act used in any period shall be made by the Department of Defense in consultation with the Postal Service. SEC. 4. DURATION. The postal benefits under this Act shall apply with respect to mail matter sent during the 1-year period beginning on the date on which the regulations under section 2(d) take effect. Amend the title so as to read: ``A bill to provide for free mailing privileges for personal correspondence and certain other mail matter sent from within the United States to members of the Armed Forces serving on active duty in Iraq or Afghanistan.''.

Supply Our Soldiers Act of 2005 - Directs the Secretary of Defense to provide for a program under which postal benefits are provided to a member of the Armed Forces who is on active duty and who is either: (1) serving in Iraq or Afghanistan; or (2) hospitalized at a military medical facility as a result of such service. Provides the postal benefits in the form of coupons or other evidence of credit (vouchers) to use for postal-free mailings. Limits: (1) the weight of the mail and parcels authorized for the program; (2) a member to one voucher per month; and (3) the program duration to one year after the date of implementing regulations. Authorizes appropriations.

To amend title 39, United States Code, to provide for free mailing privileges for personal correspondence and parcels sent by family members from within the United States to members of the Armed Forces serving on active duty in Iraq or Afghanistan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``John R. Justice Prosecutors and Defenders Incentive Act of 2007''. SEC. 2. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS ``SEC. 3111. GRANT AUTHORIZATION. ``(a) Purpose.--The purpose of this section is to encourage qualified individuals to enter and continue employment as prosecutors and public defenders. ``(b) Definitions.--In this section: ``(1) Prosecutor.--The term `prosecutor' means a full-time employee of a State or local agency who-- ``(A) is continually licensed to practice law; and ``(B) prosecutes criminal or juvenile delinquency cases (or both) at the State or local level, including an employee who supervises, educates, or trains other persons prosecuting such cases. ``(2) Public defender.--The term `public defender' means an attorney who-- ``(A) is continually licensed to practice law; and ``(B) is-- ``(i) a full-time employee of a State or local agency who provides legal representation to indigent persons in criminal or juvenile delinquency cases (or both), including an attorney who supervises, educates, or trains other persons providing such representation; ``(ii) a full-time employee of a nonprofit organization operating under a contract with a State or unit of local government, who devotes substantially all of such full-time employment to providing legal representation to indigent persons in criminal or juvenile delinquency cases (or both), including an attorney who supervises, educates, or trains other persons providing such representation; or ``(iii) employed as a full-time Federal defender attorney in a defender organization established pursuant to subsection (g) of section 3006A of title 18, United States Code, that provides legal representation to indigent persons in criminal or juvenile delinquency cases (or both). ``(3) Student loan.--The term `student loan' means-- ``(A) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.); ``(B) a loan made under part D or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq. and 1087aa et seq.); and ``(C) a loan made under section 428C or 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1078-3 and 1087e(g)) to the extent that such loan was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H of such Act. ``(c) Program Authorized.--The Attorney General shall, subject to the availability of appropriations, establish a program by which the Department of Justice shall assume the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who-- ``(1) is employed as a prosecutor or public defender; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Terms of Loan Repayment.-- ``(1) Borrower agreement.--To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement with the Attorney General that specifies that-- ``(A) the borrower will remain employed as a prosecutor or public defender for a required period of service of not less than 3 years, unless involuntarily separated from that employment; ``(B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Attorney General the amount of any benefits received by such employee under this section; and ``(C) if the borrower is required to repay an amount to the Attorney General under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee (or such employee's estate, if applicable) by such methods as are provided by law for the recovery of amounts owed to the Federal Government. ``(2) Repayment by borrower.-- ``(A) In general.--Any amount repaid by, or recovered from, an individual or the estate of an individual under this subsection shall be credited to the appropriation account from which the amount involved was originally paid. ``(B) Merger.--Any amount credited under subparagraph (A) shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations, if any, as the sums with which the amount was merged. ``(C) Waiver.--The Attorney General may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest. ``(3) Limitations.-- ``(A) Student loan payment amount.--Student loan repayments made by the Attorney General under this section shall be made subject to the availability of appropriations, and subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Attorney General in an agreement under paragraph (1), except that the amount paid by the Attorney General under this section shall not exceed-- ``(i) $10,000 for any borrower in any calendar year; or ``(ii) an aggregate total of $60,000 in the case of any borrower. ``(B) Beginning of payments.--Nothing in this section shall authorize the Attorney General to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Attorney General entered into an agreement with the borrower under this subsection. ``(e) Additional Agreements.-- ``(1) In general.--On completion of the required period of service under an agreement under subsection (d), the borrower and the Attorney General may, subject to paragraph (2), enter into an additional agreement in accordance with subsection (d). ``(2) Term.--An agreement entered into under paragraph (1) may require the borrower to remain employed as a prosecutor or public defender for less than 3 years. ``(f) Award Basis; Priority.-- ``(1) Award basis.--The Attorney General shall provide repayment benefits under this section-- ``(A) subject to the availability of appropriations; and ``(B) in accordance with paragraph (2), except that the Attorney General shall determine a fair allocation of repayment benefits among prosecutors and defenders, and among employing entities nationwide. ``(2) Priority.--In providing repayment benefits under this section in any fiscal year, the Attorney General shall give priority to borrowers-- ``(A) who, when compared to other eligible borrowers, have the least ability to repay their student loans (considering whether the borrower is the beneficiary of any other student loan repayment program), as determined by the Attorney General; or ``(B) who-- ``(i) received repayment benefits under this section during the preceding fiscal year; and ``(ii) have completed less than 3 years of the first required period of service specified for the borrower in an agreement entered into under subsection (d). ``(g) Regulations.--The Attorney General is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(h) Report by Inspector General.--Not later than 3 years after the date of the enactment of this section, the Inspector General of the Department of Justice shall submit to Congress a report on-- ``(1) the cost of the program authorized under this section; and ``(2) the impact of such program on the hiring and retention of prosecutors and public defenders. ``(i) GAO Study.--Not later than one year after the date of the enactment of this section, the Comptroller General shall conduct a study of, and report to Congress on, the impact that law school accreditation requirements and other factors have on the costs of law school and student access to law school, including the impact of such requirements on racial and ethnic minorities. ``(j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2008 through 2013.''. Passed the House of Representatives May 15, 2007. Attest: LORRAINE C. MILLER, Clerk.

John R. Justice Prosecutors and Defenders Incentive Act of 2007 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to add a program for student loan repayment for prosecutors and public defenders. Defines "prosecutor" as a full-time state or local agency employee who: (1) is continually licensed to practice law; and (2) prosecutes criminal or juvenile delinquency cases, including an employee who supervises, educates, or trains other attorneys prosecuting such cases. Defines "public defender" as a licensed attorney who is a full-time state or local agency employee or a full-time employee of a nonprofit organization who provides legal representation to indigent persons in criminal or juvenile delinquency cases, including an attorney who supervises, educates, or trains other attorneys to provide such representation. Includes in such definition a full-time federal defender attorney. Directs the Attorney General to establish a program to assume the obligation to repay the student loans of any borrowers who are employed as prosecutors or public defenders and who are not in default on their loans. Sets forth requirements for such program, including that: (1) the borrower will remain employed as a prosecutor or public defender for not less than three years; and (2) the borrower will repay to the Attorney General any repayment benefits received if the borrower is fired from employment for misconduct or voluntarily separates from employment. Limits the amount payable under such program for any borrower to $10,000 per year andan aggregate total of $60,000. Authorizes the Attorney General to enter into subsequent agreements with a borrower for another three-year period or a lesser period. Requires the Attorney General to give priority in granting repayment benefits to borrowers who have the least ability to repay their loans. Authorizes the Attorney General to issue regulations to carry out this Act. Requires the Inspector General of the Department of Justice to report to Congress on the cost of loan repayment program under this Act and the impact of such program on the hiring and retention of prosecutors and public defenders. Directs the Comptroller General to study and report to Congress on the impact of law school accreditation requirements and other factors on law school costs and access, including the impact of such requirements on racial and ethnic minorities. Authorizes appropriations for FY2008-FY2013.

To provide for loan repayment for prosecutors and public defenders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Facility Superfund Compliance Act of 1997''. SEC. 2. FEDERAL ENTITIES AND FACILITIES. Section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620) is amended as follows: (1) By amending the heading to read as follows: ``SEC. 120. FEDERAL ENTITIES AND FACILITIES.''. (2) By amending paragraph (1) of subsection (a) to read as follows: ``(1)(A) Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the United States shall be subject to, and comply with, all Federal, State, interstate and local requirements, both substantive and procedural (including any requirements for permits, reporting, or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), regarding response actions related to, or management of, hazardous substances, pollutants, or contaminants in the same manner, and to the same extent, as any nongovernmental entity is subject to such requirements, including enforcement and liability under sections 106 and 107 of this title and the payment of reasonable service charges. ``(B) The Federal, State, interstate, and local substantive and procedural requirements referred to in subparagraph (A) include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties and fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). ``(C) The reasonable service charges referred to in this paragraph include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a State, interstate, or local response program. ``(D) Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal court with respect to the enforcement of any injunctive relief. ``(E) No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal or State response law with respect to any act or omission within the scope of their official duties. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State response law, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the United States shall be subject to any such sanctions. ``(F) The waiver of sovereign immunity provided in this paragraph shall not apply to the extent a State law would apply any standard or requirement to such Federal department, agency, or instrumentality in a manner which is more stringent than such standard or requirement would be applied to any other person. ``(G) Nothing in this section shall be construed to affect the liability of any person or entity other than a department, agency, or instrumentality of the United States under sections 106 and 107 of this Act. ``(H)(i) The Administrator may issue an order under section 106 of this Act to any department, agency, or instrumentality of the executive, legislative, or judicial branch of the United States. The Administrator shall initiate an administrative enforcement action against such a department, agency, or instrumentality in the same manner and under the same circumstances as action would be initiated against any other person. ``(ii) No administrative order issued to such department, agency, or instrumentality shall become final until such department, agency, or instrumentality has had the opportunity to confer with the Administrator. ``(iii) Unless a State law in effect on the date of enactment of the Federal Facility Superfund Compliance Act of 1997, or a State Constitution, requires the funds to be used in a different manner, all funds collected by a State from the Federal Government from penalties and fines imposed for violation of any substantive or procedural requirement referred to in subsection (a) of this section shall be used by the State only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement. ``(I) Each such department, agency, and instrumentality shall have the right to contribution protection set forth in section 113, when such department, agency, or instrumentality resolves its liability under this Act.''. (3) By striking paragraph (4) of subsection (a). (4) By inserting ``(other than the indemnification requirements of section 119)'' after ``responsibility'' in subsection (a)(3). (5) By adding at the end of subsection (e) the following new paragraph: ``(7) State requirements.--Notwithstanding any other provision of this Act, an interagency agreement under this section shall in no way impair or diminish the authority of any State to enforce compliance with requirements of State law, unless such requirements have been specifically-- ``(A) addressed; or ``(B) waived; without objection from the State before or on the date on which the response action is selected.''.

Federal Facility Superfund Compliance Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to subject each department, agency, and instrumentality of the Federal Government to all Federal, State, interstate, and local requirements regarding response actions related to, or management of, hazardous substances, pollutants, or contaminants (current law refers only to compliance with CERCLA provisions) in the same manner and to the same extent as a nongovernmental entity. Waives any U.S. immunity otherwise applicable with respect to any such requirement. Authorizes the Administrator of the Environmental Protection Agency to issue an abatement order to a Federal entity and requires initiation of an administrative enforcement action in the same manner and under the same circumstances as action would be initiated against any other person. Removes provisions for application (and preemption) of State laws concerning removal and remedial action at Federal facilities not on the National Priorities List. Precludes interagency remedial action agreements from impairing or diminishing State authority to enforce requirements of State law, unless such requirements have been addressed or waived without objection from the State.

Federal Facility Superfund Compliance Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Budgeting Act''. SEC. 2. BUDGETARY TREATMENT OF AIRPORT AND AIRWAY TRUST FUND, INLAND WATERWAYS TRUST FUND, AND HARBOR MAINTENANCE TRUST FUND. Notwithstanding any other provision of law, the receipts and disbursements of the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund-- (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), or (C) the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government. SEC. 3. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT AND AIRWAY TRUST FUND. (a) In General.--Chapter 471 of title 49, United States Code, is amended by inserting after section 47134 the following new section: ``Sec. 47135. Safeguards against deficit spending ``(a) Estimates of Unfunded Aviation Authorizations and Net Aviation Receipts.--Not later than March 31 of each year, the Secretary, in consultation with the Secretary of the Treasury, shall estimate-- ``(1) the amount which would (but for this section) be the unfunded aviation authorizations at the close of the first fiscal year that begins after that March 31, and ``(2) the net aviation receipts at the close of such fiscal year. ``(b) Procedure if Excess Unfunded Aviation Authorizations.--If the Secretary determines for any fiscal year that the amount described in subsection (a)(1) exceeds the amount described in subsection (a)(2), the Secretary shall determine the amount of such excess. ``(c) Adjustment of Authorizations if Unfunded Authorizations Exceed Receipts.-- ``(1) Determination of percentage.--If the Secretary determines that there is an excess referred to in subsection (b) for a fiscal year, the Secretary shall determine the percentage which-- ``(A) such excess, is of ``(B) the total of the amounts authorized to be appropriated from the Airport and Airway Trust Fund for the next fiscal year. ``(2) Adjustment of authorizations.--If the Secretary determines a percentage under paragraph (1), each amount authorized to be appropriated from the Airport and Airway Trust Fund for the next fiscal year shall be reduced by such percentage. ``(d) Availability of Amounts Previously Withheld.-- ``(1) Adjustment of authorizations.--If, after a reduction has been made under subsection (c)(2), the Secretary determines that the amount described in subsection (a)(1) does not exceed the amount described in subsection (a)(2) or that the excess referred to in subsection (b) is less than the amount previously determined, each amount authorized to be appropriated that was reduced under subsection (c)(2) shall be increased, by an equal percentage, to the extent the Secretary determines that it may be so increased without causing the amount described in subsection (a)(1) to exceed the amount described in subsection (a)(2) (but not by more than the amount of the reduction). ``(2) Apportionment.--The Secretary shall apportion amounts made available for apportionment by paragraph (1). ``(3) Period of availability.--Any funds apportioned under paragraph (2) shall remain available for the period for which they would be available if such apportionment took effect with the fiscal year in which they are apportioned under paragraph (2). ``(e) Reports.--Any estimate under subsection (a) and any determination under subsection (b), (c), or (d) shall be reported by the Secretary to Congress. ``(f) Definitions.--For purposes of this section, the following definitions apply: ``(1) Net aviation receipts.--The term `net aviation receipts' means, with respect to any period, the excess of-- ``(A) the receipts (including interest) of the Airport and Airway Trust Fund during such period, over ``(B) the amounts to be transferred during such period from the Airport and Airway Trust Fund under section 9502(d) of the Internal Revenue Code of 1986 (other than paragraph (1) thereof). ``(2) Unfunded aviation authorizations.--The term `unfunded aviation authorization' means, at any time, the excess (if any) of-- ``(A) the total amount authorized to be appropriated from the Airport and Airway Trust Fund which has not been appropriated, over ``(B) the amount available in the Airport and Airway Trust Fund at such time to make such appropriation (after all other unliquidated obligations at such time which are payable from the Airport and Airway Trust Fund have been liquidated).''. (b) Conforming Amendment.--The analysis for chapter 471 of title 49, United States Code, is amended by inserting after the item relating to section 47134 the following: ``47135. Safeguards against deficit spending.''. SEC. 4. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF THE INLAND WATERWAYS TRUST FUND AND HARBOR MAINTENANCE TRUST FUND. (a) Estimates of Unfunded Inland Waterways Authorizations and Net Inland Waterways Receipts.--Not later than March 31 of each year, the Secretary of the Army, in consultation with the Secretary of the Treasury, shall estimate-- (1) the amount which would (but for this section) be the unfunded inland waterways authorizations and unfunded harbor maintenance authorizations at the close of the first fiscal year that begins after that March 31; and (2) the net inland waterways receipts and net harbor maintenance receipts at the close of such fiscal year. (b) Procedure if Excess Unfunded Inland Waterways Authorizations.-- If the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund for any fiscal year that the amount described in subsection (a)(1) exceeds the amount described in subsection (a)(2), the Secretary shall determine the amount of such excess. (c) Adjustment of Authorizations if Unfunded Authorizations Exceed Receipts.-- (1) Determination of percentage.--If the Secretary of the Army determines that there is an excess referred to in subsection (b) for a fiscal year, the Secretary of the Army shall determine the percentage which-- (A) such excess, is of (B) the total of the amounts authorized to be appropriated from the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund, as the case may be, for the next fiscal year. (2) Adjustment of authorizations.--If the Secretary of the Army determines a percentage under paragraph (1), each amount authorized to be appropriated from the Trust Fund for the next fiscal year shall be reduced by such percentage. (d) Availability of Amounts Previously Withheld.--If, after an adjustment has been made under subsection (c)(2), the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund that the amount described in subsection (a)(1) does not exceed the amount described in subsection (a)(2) or that the excess referred to in subsection (b) with respect to the Trust Fund is less than the amount previously determined, each amount authorized to be appropriated that was reduced under subsection (c)(2) with respect to the Trust Fund shall be increased, by an equal percentage, to the extent the Secretary of the Army determines that it may be so increased without causing the amount described in subsection (a)(1) to exceed with respect to the Trust Fund the amount described in subsection (a)(2) (but not by more than the amount of the reduction). (e) Reports.--Any estimate under subsection (a) and any determination under subsection (b), (c), or (d) shall be reported by the Secretary of the Army to Congress. (f) Definitions.--For purposes of this Act, the following definitions apply: (1) Airport and airway trust fund.--The term ``Airport and Airway Trust Fund'' means the Airport and Airway Trust Fund established by section 9502 of the Internal Revenue Code of 1986. (2) Harbor maintenance trust fund.--The term ``Harbor Maintenance Trust Fund'' means the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986. (3) Inland waterways trust fund.--The term ``Inland Waterways Trust Fund'' means the Inland Waterways Trust Fund established by section 9506 of the Internal Revenue Code of 1986. (4) Net harbor maintenance receipts.--The term ``net harbor maintenance receipts'' means, with respect to any period, the receipts (including interest) of the Harbor Maintenance Trust Fund during such period. (5) Net inland waterways receipts.--The term ``net inland waterways receipts'' means, with respect to any period, the receipts (including interest) of the Inland Waterways Trust Fund during such period. (6) Unfunded inland waterways authorizations.--The term ``unfunded inland waterways authorizations'' means, at any time, the excess (if any) of-- (A) the total amount authorized to be appropriated from the Inland Waterways Trust Fund which has not been appropriated, over (B) the amount available in the Inland Waterways Trust Fund at such time to make such appropriations. (7) Unfunded harbor maintenance authorizations.--The term ``unfunded harbor maintenance authorizations'' means, at any time, the excess (if any) of-- (A) the total amount authorized to be appropriated from the Harbor Maintenance Trust Fund which has not been appropriated, over (B) the amount available in the Harbor Maintenance Trust Fund at such time to make such appropriations. SEC. 5. APPLICABILITY. This Act (including the amendments made by this Act) shall apply to fiscal years beginning after September 30, 1999.

Truth in Budgeting Act - Prohibits the receipts and disbursements of the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such trust funds from any general statutory budget outlays limitation. Amends Federal transportation law to require the Secretary of Transportation to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts at the close of such year.

Truth in Budgeting Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``High-Quality Education Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds as follows: (1) Tennessee's wide-ranging and research-intensive STAR project began in the mid-1980's when the Tennessee legislature funded an initial 4-year study seeking to compare achievements for early grade students who would be assigned randomly to a standard-sized class, a standard-sized class with a teacher aide, or a class with reduced size. Several new analyses of the Tennessee STAR program show that reducing class size has both immediate and long-term benefits. (2) Research shows that the benefits of participating in small classes increase from year to year, both in the early grades when classes are small and in subsequent years when students are placed in larger classes. (3) Further, follow-up studies of the same students show that high-school students who were in small classes in first through third grades beginning in 1985 were less likely to be held back a year or suspended compared with their peers from larger classes. (4) The students from small classes were found to be making better grades in high school and taking more advanced courses. (5) The State of Wisconsin passed legislation in 1995 to phase in reduction of classes to 15 students in low-wealth schools. A January 2003 study of that program, called SAGE, revealed that average test scores in smaller first grade classes increased 12 to 14 percent more than scores of students in regular classes. (6) Research further shows that at the end of fifth grade, students who were in small classes in first through third grades were about half a school year (5 months) ahead of students from larger classes in all core subjects--reading, language arts, math, and science. (7) In 1999, the Department of Education reported that studies have consistently identified a positive relationship between reduced class size and improved student performance. The National Assessment on Educational Progress, the Economic Policy Institute, RAND, the Educational Testing Service, the American Institute of Research, and many other respected organizations have reached similar conclusions. (8) In smaller classes, teachers spend more time on instruction and less time on discipline problems, reporting that they know their students better, know where each child is in the learning process, and can provide more individualized instruction. (9) Smaller classes lead to better identification of students who need special help, increased student participation and engagement, improved student behavior, and reduced retention of students in the same grade. (10) Outcomes associated with small classes are the foundation of safe schools: improved student behavior and human relations skills, increased participation in schooling and school-sanctioned events, increased sense of community in small classes, and generally improved school climate where students, teachers, and parents feel more comfortable. (b) Purpose.--The purpose of this Act is to assist States to proactively attempt to lower class size in order to provide students and teachers with an educational environment more conducive to optimal student performance. SEC. 3. CLASS SIZE REDUCTION MATCHING GRANT PROGRAM. (a) Grants.--The Secretary of Education may make grants to eligible entities to reduce the size of core curriculum classes in public elementary and secondary schools. (b) Eligible Entity Defined.--In this section, the term ``eligible entity'' means any State, or any local educational agency in a State that is not a grantee under this section, that meets the following: (1) The State or local educational agency has in effect a class size reduction program that-- (A) applies to all public elementary and secondary schools served by the State or local educational agency, respectively; and (B) may be targeted to specific school populations based on need, socioeconomic factors, or school-age population. (2) The State or local educational agency has funding in its annual budget specifically allocated for the program described in paragraph (1). (3) The average core curriculum class size at schools served by the State or local educational agency-- (A) in kindergarten through third grade, is greater than 18 students; (B) in fourth through eighth grade, is greater than 22 students; or (C) in ninth through twelfth grade, is greater than 25 students. (c) Use of Funds.--The Secretary may not make a grant under this section unless the grantee agrees to use the grant for the following: (1) Constructing new classroom space. (2) Hiring additional teachers. (3) Purchasing portable structures to replace administrative offices converted into classroom space. (d) Restrictions.--The Secretary may not make a grant under this section unless the grantee agrees that funds received under the grant will not be used for any of the following: (1) To pay any long-term financing obligations such as bonding. (2) To pay any administrative costs or fees. (e) Priority.--In awarding grants under this section, the Secretary may give priority to eligible entities that serve schools in which-- (1) more than 17 percent of the students older than 4 and younger than 18 years of age are from families with incomes below the poverty line; or (2) the average core curriculum class size is higher, particularly in the primary grades, than the average core curriculum class size at schools served by other grant applicants for the fiscal year. (f) Matching Funds.-- (1) In general.--The Secretary may not make a grant under this section unless the grantee agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward the costs of the activities under the grant in an amount that is not less than $2 for each $1 provided by the Secretary in the grant. (2) Determination of amount contributed.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (g) Application.-- (1) Submission.--To seek a grant under this section, an eligible entity shall submit an application to the Secretary in such form, in such manner, and containing such information as the Secretary may require. (2) Contents.--An application for a grant under this section shall include the following: (A) Certification of the average core curriculum class size at schools served by the eligible entity for each of the grade ranges that-- (i) are described in subsection (b)(3); and (ii) will be served by the entity's class size reduction program. (B) Certification of the eligible entity's actual and expected expenditures for the entity's class size reduction program for the fiscal year involved. (C) A description of the eligible entity's class size reduction program and the program's goals. (D) A description of how the eligible entity intends to use funds received under the grant. (E) In the case of an eligible entity that has already received a grant under this section, the entity's progress in achieving the goals of its class size reduction program, particularly relative to high poverty areas. (3) Deadline.--The Secretary shall establish a deadline for the submission of applications for a grant under this section. (h) Other Definitions.--In this section: (1) The term ``average core curriculum class size'' means the number that is-- (A) equal to the sum of the number of students in each core curriculum class (including for each school term and period of instruction) divided by the total number of such classes; and (B) is based on the ratio of physical class rooms to students, irrespective of the ratio of teachers to students. (2) The term ``core curriculum class'' means a class in any of the following subjects: (A) Mathematics. (B) Science. (C) Reading, language arts, or English, including English for speakers of other languages. (D) Social studies, including history, civics, political science, government, geography, and economics. (E) Foreign language. (3) The terms ``local educational agency'' and ``poverty line'' have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) The term ``Secretary'' means the Secretary of Education. (5) The term ``State'' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any other territory or possession of the United States, and any Indian tribe (as that term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)). (i) Funding.-- (1) Biannual payments.--The Secretary shall make payments to each grantee under this section on a biannual basis. (2) Limitation.--For any fiscal year, the Secretary may not make a payment to any grantee under this section in an amount that exceeds the lesser of the following: (A) An amount that is 20 percent of the total amount appropriated to carry out this section for the fiscal year. (B) $200,000,000.

High-Quality Education Act of 2009 - Authorizes the Secretary of Education to award matching grants to states, or local educational agencies (LEAs) in states that do not receive such grants, to reduce the size of core curriculum classes in public elementary and secondary schools. Requires such grants to be provided only to states or LEAs serving schools whose average core curriculum class size is greater than 18 students in kindergarten through grade 3, 22 students in grades 4 through 8, and 25 students in grades 9 through 12. Requires grant funds to be used for: (1) constructing new classroom space; (2) hiring additional teachers; and (3) purchasing portable structures to replace administrative offices that are converted into classrooms. Permits the Secretary to give grant priority to states or LEAs serving schools: (1) where over 17% of the students between age 4 and 18 are from impoverished families; or (2) whose average core curriculum class size is higher than the average core curriculum class size of schools served by other applicants.

To authorize the Secretary of Education to make grants to reduce the size of core curriculum classes in public elementary and secondary schools, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Solid Waste Importation and Management Act of 2007''. SEC. 2. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding after section 4010 the following new section: ``SEC. 4011. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. ``(a) State Authority To Address Importation and Management of Municipal Solid Waste.-- ``(1) In general.--Until the date on which all final regulations issued by the Administrator to implement and enforce the Agreement (including notice and consent provisions of the Agreement) become effective, a State may enact a law or laws or issue regulations or orders imposing limitations on the receipt and disposal of foreign municipal solid waste within the State. Laws, regulations, and orders enacted or issued before that date may continue in effect according to their terms after that date. ``(2) Effect on interstate and foreign commerce.--No State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce. ``(3) Trade and treaty obligations.--Nothing in this section affects, replaces, or amends prior law relating to the need for consistency with international trade obligations. ``(b) Authority of Administrator.-- ``(1) In general.--Beginning immediately after the date of enactment of this section, the Administrator shall-- ``(A) perform the functions of the Designated Authority of the United States described in the Agreement with respect to the importation and exportation of municipal solid waste under the Agreement; and ``(B) implement and enforce the notice and consent and other provisions of the Agreement. ``(2) Regulations.--Not later than 24 months after the date of enactment of this section, the Administrator shall issue final regulations with respect to the Administrator's responsibilities under paragraph (1). ``(3) Consent to importation.--In considering whether to consent to the importation under article 3(c) of the Agreement, the Administrator shall-- ``(A) give substantial weight to the views of the State or States into which the municipal solid waste is to be imported, and consider the views of the local government with jurisdiction over the location where the waste is to be disposed; ``(B) consider the impact of the importation on-- ``(i) continued public support for and adherence to State and local recycling programs; ``(ii) landfill capacity as provided in comprehensive waste management plans; ``(iii) air emissions from increased vehicular traffic; and ``(iv) road deterioration from increased vehicular traffic; and ``(C) consider the impact of the importation on homeland security, public health, and the environment. ``(4) Actions in violation of the agreement.--No person shall import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement. ``(c) Compliance Orders.--(1) Whenever on the basis of any information the Administrator determines that any person has violated or is in violation of this section, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. ``(2) Any order issued pursuant to this subsection shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. ``(d) Public Hearing.--Any order issued under this section shall become final unless, not later than 30 days after the order is served, the person or persons named therein request a public hearing. Upon such request, the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this section, the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures. ``(e) Violation of Compliance Orders.--If a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order. ``(f) Definitions.--For purposes of this section: ``(1) Agreement.--The term `Agreement' means-- ``(A) the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada, signed at Ottawa on October 28, 1986 (TIAS 11099) and amended on November 25, 1992; and ``(B) any regulations promulgated and orders issued to implement and enforce that Agreement. ``(2) Foreign municipal solid waste.--The term `foreign municipal solid waste' means municipal solid waste generated outside of the United States. ``(3) Municipal solid waste.-- ``(A) Waste included.--Except as provided in subparagraph (B), the term `municipal solid waste' means-- ``(i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and ``(ii) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials-- ``(I) are essentially the same as materials described in clause (i); and ``(II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. ``(B) Waste not included.--The term `municipal solid waste' does not include any of the following: ``(i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. ``(ii) Any solid waste, including contaminated soil and debris, resulting from-- ``(I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606); ``(II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or ``(III) a corrective action taken under this Act. ``(iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. ``(iv) Scrap rubber to be used as a fuel source. ``(v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. ``(vi) Any solid waste that is-- ``(I) generated by an industrial facility; and ``(II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. ``(vii) Any medical waste that is segregated from or not mixed with solid waste. ``(viii) Sewage sludge and residuals from any sewage treatment plant. ``(ix) Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households. ``(x) Solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation.''. (b) Table of Contents Amendment.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item relating to section 4010 the following new item: ``Sec. 4011. International transportation and disposal of municipal solid waste.''. Passed the House of Representatives April 24, 2007. Attest: LORRAINE C. MILLER, Clerk.

International Solid Waste Importation and Management Act of 2007 - (Sec. 2) Amends the Solid Waste Disposal Act to authorize states to enact laws or issue regulations or orders restricting the receipt and disposal of foreign municipal solid waste within their borders until the Administrator of the Environmental Protection Agency (EPA) issues regulations implementing and enforcing the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada. Declares that state actions authorized by this Act shall not be considered a burden on, or otherwise impede, interstate and foreign commerce. Requires the Administrator to: (1) perform the functions of the Designated Authority of the United States with respect to the importation and exportation of municipal solid waste under the Agreement; (2) implement and enforce the notice and consent and other provisions of the Agreement; and (3) issue final regulations on the Administrator's responsibilities as Designated Authority of the United States. Requires the Administrator to give substantial weight to the views of affected states and local governments before consenting to the importation of foreign municipal solid waste into the United States under the Agreement, and to consider the impact of such importation on: (1) public support for state and local recycling programs; (2) landfill capacities; (3) air emissions and road deterioration from increased vehicular traffic; and (4) homeland security, public health, and the environment. Makes it unlawful for any person to import, transport, or export municipal solid waste for final disposal or for incineration in violation of the Agreement. Authorizes the Administrator to assess civil penalties of up to $25,000 per day for violations of this Act or to commence a civil action in U.S. district court. Provides for a public hearing to review any noncompliance order issued by the Administrator. Defines "municipal solid waste" to mean all waste materials discarded for disposal by: (1) households, including hotels; and (2) commercial, institutional, municipal, and industrial sources to the extent such materials are essentially the same as household waste and were collected and disposed of with other municipal solid waste. Excludes from the term: (1) hazardous waste; (2) any solid waste resulting from a response action under the Comprehensive Environmental Response, Compensations, and Liability Act; (3) recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal; (4) scrap rubber to be used as a fuel source; (5) materials and products returned from a dispenser or distributor to the manufacturer for credit, evaluation, and possible reuse; (6) any solid waste that is generated by an industrial facility and transported for treatment, storage, or disposal to a facility that is owned or operated by the generator of the waste, located on property owned by the generator or an affiliated company, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and state land use and applicable zoning regulations; (7) any medical waste that is segregated from or not mixed with solid waste; (8) sewage sludge and residuals from any sewage treatment plant; (9) combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households; and (10) solid waste generated incident to the provision of service in interstate, intrastate, foreign, or overseas air transportation.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Copper and Lead Evaluation and Reporting Act of 2016'' or the ``CLEAR Act''. SEC. 2. LEAD AND COPPER IN DRINKING WATER. (a) Regulations Required.--Section 1412(b) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)) is amended-- (1) by redesignating paragraphs (14) and (15) as paragraphs (15) and (16), respectively; (2) by inserting after paragraph (13) the following: ``(14) Lead and copper in drinking water.--Not later than 180 days after the date of enactment of the CLEAR Act, the Administrator shall promulgate lead and copper regulations that-- ``(A) based on the amount of lead that would result in a blood lead level greater than 5 micrograms per deciliter in an average, healthy infant who consumes infant formula made with water, establish a health- based household action level for lead and copper that triggers-- ``(i) not later than 28 days after the date on which the household action level is reached, plain-language consumer notification that is culturally and linguistically appropriate; ``(ii) a report to the appropriate public health agency; and ``(iii) an examination by the public water system of service line material and, if applicable, the initiation of the removal by the public water system of any lead portion of the service line; ``(B) provide for frequent and culturally and linguistically appropriate multi-media outreach in plain language about the health risk and protection available to-- ``(i) consumers with known or suspected full or partial lead service lines; ``(ii) public and private institutions and facilities that serve individuals of any other vulnerable population, including-- ``(I) children; ``(II) pregnant women; and ``(III) an immunocompromised population, such as-- ``(aa) individuals living with auto immune deficiency syndrome or human immunodeficiency virus; and ``(bb) the elderly; and ``(iii) caregivers and healthcare providers for any individual described in clause (i) or (ii); ``(C) require, for each monitoring period, each public water system to publish on a publicly accessible website of the public water system, or distribute by carrier route presort if the public water system does not maintain a publicly accessible website, or distribute door-to-door if a substantial portion of the population served by the public water system does not have access to the Internet or is elderly-- ``(i) the number of households served by the public water system that have a household action level that is greater than the household action level established by the Administrator under subparagraph (A); ``(ii) all levels of lead and copper found in each monitoring period; and ``(iii) the most recent 90th percentile levels for lead and copper, as compared to the system action levels for lead and copper; ``(D) in the case of a community that has a lead service line, require the public water system to provide a public statement of lead service line ownership that includes the legal basis of that determination of ownership; and ``(E) modify lead monitoring requirements to provide for-- ``(i) voluntary consumer-requested tap sampling for lead; and ``(ii) the use of any result of a tap sample described in clause (i)-- ``(I) to inform-- ``(aa) consumer action to reduce the risk of lead in the home of the consumer; and ``(bb) in the case of a tap sample that is higher than the household action level established in subparagraph (A), the consumer and the appropriate public health agency; and ``(II) to assess-- ``(aa) if the tap sample meets the site selection criteria described in the regulations issued by the Administrator for the control of lead and copper, the effectiveness of corrosion control treatment; or ``(bb) any other potential cause of an elevated lead level.''. (b) Conforming Amendments.--Section 1415(e) of the Safe Drinking Water Act (42 U.S.C. 300g-4(e)) is amended-- (1) in paragraph (2)(A), by striking ``1412(b)(15)'' and inserting ``1412(b)(16)''; and (2) in paragraph (7)(A)-- (A) in clause (ii), by striking ``1412(b)(15)'' and inserting ``1412(b)(16)''; and (B) in clause (iii), by striking ``1412(b)(15)(A)'' and inserting ``1412(b)(16)(A)''.

Copper and Lead Evaluation and Reporting Act of 2016 or the CLEAR Act This bill amends the Safe Drinking Water Act to require the Environmental Protection Agency to promulgate new lead and copper regulations that would set a health-based, household action level for lead and copper that triggers: (1) a consumer notification of drinking water contamination; (2) a report to the appropriate public health agency; and (3) an examination by the public water system of service line material and, if applicable, the removal of lead portions of the service line. That action level must be based on the amount of lead that would result in a blood lead level greater than five micrograms per deciliter in an average, healthy infant who consumes infant formula made with water. The regulations must also: provide outreach about the health risk and protection available to consumers with known or suspected lead service lines, institutions and facilities that serve other vulnerable populations, and the caregivers and health care providers of those consumers or populations; require reporting by public water systems for each monitoring period to the populations they serve on information concerning lead and copper levels; require public water systems to provide a public statement of lead service line ownership where a community has such lines; modify monitoring requirements to provide for voluntary, consumer-requested tap samples for lead; and provide for utilizing the results of those samples.

CLEAR Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fixing America's Inequities with Revenues Act of 2013'' or the ``FAIR Act of 2013''. SEC. 2. DISTRIBUTION OF REVENUES TO COASTAL STATES. Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) is amended to read as follows: ``SEC. 9. DISPOSITION OF REVENUES. ``(a) Definitions.--In this section: ``(1) Alternative and renewable energy.--The term `alternative and renewable energy' means energy derived from-- ``(A) a wind, solar, renewable biomass, or ocean (including tidal, wave, current, and thermal) source; or ``(B) hydrogen derived from renewable biomass or water using an energy source described in subparagraph (A). ``(2) Coastal political subdivision.--The term `coastal political subdivision' means a county-equivalent subdivision of a coastal State all or part of which-- ``(A) lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)); and ``(B) the closest point of which is not more than 200 nautical miles from the geographical center of any leased tract. ``(3) Coastal state.--The term `coastal State' means a State with a coastal seaward boundary within 200 nautical miles distance of the geographical center of a leased tract in an outer Continental Shelf area that is not a Gulf producing State (as defined in section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109- 432)). ``(4) Distance.--The terms `distance' and `distances' mean minimum great circle distance and distances, respectively. ``(5) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(b) Coastal State Revenue Sharing for Outer Continental Shelf Energy Sources.-- ``(1) In general.--Subject to the other provisions of this section, for fiscal year 2013 and each subsequent fiscal year-- ``(A) the Secretary of the Treasury shall deposit in the Treasury, 37.5 percent of all revenues derived from all rentals, royalties, bonus bids, and other sums due and payable to the United States from energy development on the outer Continental Shelf areas of coastal States; and ``(B) the Secretary shall, in accordance with subsection (b), disburse-- ``(i) 27.5 percent of the revenues described in subparagraph (A) to coastal States and coastal political subdivisions; and ``(ii) 10 percent of the revenues to coastal States that establish funds in the treasuries of the coastal States to support projects and activities relating to alternative and renewable energy, energy research and development, energy efficiency, or conservation. ``(2) Exclusions.--The revenues described in paragraph (1) do not include revenues generated from leases subject to section 8(g). ``(3) Allocation among coastal states and coastal political subdivisions.-- ``(A) In general.--Subject to paragraph (2), for each fiscal year, the amount made available under subsection (a) from any lease shall be allocated to each coastal State in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point on the coastline of each coastal State that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract. ``(B) Limitation.--The allocable share of a coastal State is limited to the revenues collected from a leased tract located no more than 200 nautical miles from the coastline of the coastal State. ``(C) Payments to coastal political subdivisions.-- ``(i) In general.--The Secretary shall pay 25 percent of the allocable share of each coastal State, as determined under paragraph (1), to the coastal political subdivisions of the coastal State. ``(ii) Allocation.--The amount paid by the Secretary to coastal political subdivisions shall be allocated to each coastal political subdivision in accordance with subparagraphs (B) and (C) of section 31(b)(4) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a(b)(4)). ``(iii) Exception for the state of alaska.--For purposes of carrying out subparagraph (A) in the State of Alaska, of the amount paid by the Secretary to coastal political subdivisions-- ``(I) 90 percent shall be allocated in amounts (based on a formula established by the Secretary by regulation) that are inversely proportional to the respective distances between the point in each coastal political subdivision that is closest to the geographic center of the applicable leased tract and the geographic center of the leased tract; and ``(II) 10 percent shall be divided equally among each coastal political subdivision that-- ``(aa) is more than 200 nautical miles from the geographic center of a leased tract; and ``(bb) the State of Alaska determines to be a significant staging area for oil and gas servicing, supply vessels, operations, suppliers, or workers. ``(4) Administration.--The Secretary shall ensure that revenues from all sources of alternative and renewable energy leased, developed, or produced from any outer Continental Shelf area are distributed among coastal States, coastal political subdivisions, and Gulf producing States (as defined in section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432)) in accordance with this section. ``(c) Revenue Sharing for Certain Onshore Energy Sources.--The Secretary of the Treasury shall disburse 50 percent of all revenues derived from all rentals, royalties, bonus bids, rights-of-way, and other amounts due and payable to the United States from the development of alternative and renewable onshore energy sources to the State within the boundaries of which the energy source is located.''. SEC. 3. DISTRIBUTION OF REVENUES TO GULF PRODUCING STATES. (a) Definition of Qualified Outer Continental Shelf Revenues.-- Section 102(9) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) by striking subparagraph (A); and (2) by inserting the following: ``(A) In general.--The term `qualified outer Continental Shelf revenues' means all rentals, royalties, bonus bids, and other sums due and payable to the United States received on or after October 1, 2012, from leases entered into on or after the date of enactment of Public Law 109-432 for-- ``(i) the 181 Area; ``(ii) the 181 South Area; and ``(iii) the 2002-2007 planning area.''. (b) Disposition of Qualified Outer Continental Shelf Revenues.-- Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) in the paragraph heading, by striking ``2016'' and inserting ``2012''; and (ii) in subparagraph (A), by striking ``2016'' and inserting ``2012''; and (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``2017'' and inserting ``2013''; and (ii) in subparagraph (A), by striking ``2017'' and inserting ``2013''; and (2) by striking subsection (f) and inserting the following: ``(f) Limitations on Amount of Distributed Qualified Outer Continental Shelf Revenues.-- ``(1) Distribution to gulf producing states.-- ``(A) In general.--Subject to subparagraphs (B) and (C), the total amount of qualified outer Continental Shelf revenues made available under subsection (a)(2) shall not exceed $500,000,000 for each fiscal year. ``(B) Cap increase for gulf producing states.--In the case of the qualified outer Continental Shelf revenues that may be made available to Gulf producing States under subsection (a)(2)(A), the cap on amounts specified in subparagraph (A) shall be for-- ``(i) fiscal year 2014, $600,000,000; and ``(ii) each of fiscal years 2015 through 2023, the applicable amount for the previous fiscal year increased by $100,000,000. ``(C) Subsequent fiscal years.--For fiscal year 2024 and each fiscal year thereafter, all qualified outer Continental Shelf revenues made available under subsection (a)(2)(A) shall be made available without limitation for allocation to the Gulf producing States in accordance with subsection (b). ``(2) Pro rata reductions.--If paragraph (1) limits the amount of qualified outer Continental Shelf revenues that would be paid under subsection (a)(2)(A)-- ``(A) the Secretary shall reduce the amount of qualified outer Continental Shelf revenues provided to each recipient on a pro rata basis; and ``(B) any remainder of the qualified outer Continental Shelf revenues shall revert to the general fund of the Treasury.''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on October 1, 2012.

Fixing America's Inequities with Revenues Act of 2013 or FAIR Act of 2013 - Amends the Outer Continental Shelf Lands Act to require the Secretary of the Treasury to deposit in the Treasury 37.5% of all revenues derived from all rentals, royalties, bonus bids, and other sums payable to the United States from energy development on the outer Continental Shelf (OCS) areas of coastal states (those within 200 nautical miles of a leased tract in the OCS which are not, however, in a Gulf producing state). Excludes from deposit under these terms any revenues generated from the leasing of lands within three miles of seaward boundaries of coastal states. Requires the Secretary of the Interior to disperse: (1) 27.5% of these revenues to coastal states and their political subdivisions; and (2) 10% of such revenues to coastal states that establish funds in their treasuries to support projects relating to alternative and renewable energy, energy research and development, energy efficiency, or conservation. Prescribes requirements for allocating such revenues to coastal states and their coastal subdivisions, with a special rule for Alaska. Limits the allocable share of each coastal state to the revenues collected from a leased tract located no more than 200 nautical miles from the coastline of the state. Requires the Secretary of the Treasury to disburse 50% of all revenues derived from all rentals, royalties, bonus bids, rights-of-way, and other amounts payable to the United States from the development of alternative and renewable onshore energy sources to the state within the boundaries of which the energy source is located. Amends the Gulf of Mexico Energy Security Act of 2006 by: (1) redefining the term "qualified outer Continental Shelf revenues," and (2) revising the cap on the amount of such qualified revenues that may be made available to Gulf producing states.

FAIR Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Naismith Memorial Basketball Hall of Fame Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) on December 21, 1891, a young physical education instructor named James Naismith introduced the game of ``basket ball'' to his physical education class in Springfield, Massachusetts; (2) in 1959, the Naismith Memorial Basketball Hall of Fame was founded and dedicated to the creator of basketball, Dr. James Naismith, in Springfield, Massachusetts, ``The Birthplace of Basketball'', and became the first and only museum to honor the game at all levels around the world; (3) the Naismith Memorial Basketball Hall of Fame honors players who have achieved greatness, exemplary coaches, referees, and other major contributors to the sport of basketball; (4) the Inaugural Hall of Fame Class of 1959 had 17 honorees who were inducted, including Dr. James Naismith, George Mikan, Forrest C. Allen, Angelo Luisetti, the Original Celtics, and the First Team; (5) the Naismith Memorial Basketball Hall of Fame is recognized throughout the world as the premier institution entrusted with recording and disseminating the history of the game of basketball and recognizing and honoring the achievements of its greatest players, coaches, and contributors; (6) the Naismith Memorial Basketball Hall of Fame provides an entertaining and enriching experience and is known for its educational outreach programs that celebrate and promote positive core values demonstrated by the hallowed heroes of basketball and its founder; (7) basketball is one of the national treasures of the United States, with its fast pace that reflects the freedom of expression and the modern experience of life in the 21st century; (8) since its opening in 1959, the Naismith Memorial Basketball Hall of Fame is home to the largest collection of basketball memorabilia in the world, including more than 30,000 3-dimensional objects, 800,000 photographs, and 1,500,000 documents; (9) the Naismith Memorial Basketball Hall of Fame welcomes more than 6,000,000 visitors interested in discovering the rich history of the game through its stories, its personalities, and its most celebrated moments; (10) the Naismith Memorial Basketball Hall of Fame reaches over 7,000,000 Americans through its educational programs, events, exhibits, social media, and its interactive website; (11) the customized educational programs of the Naismith Memorial Basketball Hall of Fame use basketball to teach young students around the world the important lessons on a variety of topics, including financial literacy, mathematics, civil rights, leadership of character, women's and men's history, and geography; and (12) the Naismith Memorial Basketball Hall of Fame will lead the celebration of 60th anniversary of basketball and will partner with a select group of constituents, including the National Basketball Association, the National Collegiate Athletic Association, and USA Basketball in commemorating the game throughout the 2019-2020 basketball season. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) be struck on a planchet having a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) be struck on a planchet having a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) be struck on a planchet having a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Dome Shape.--The coins minted under this Act shall be in the shape of a dome. SEC. 4. DESIGN OF COINS. (a) In General.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. (b) Designations and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2019''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection and Approval Process for Obverse Design.-- (1) In general.--The Secretary shall hold a competition to determine the design of the common obverse of the coins minted under this Act, with such design being emblematic of the game of basketball. (2) Selection and approval.--Proposals for the design of coins minted under this Act may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. (3) Proposals.--As part of the competition described in this subsection, the Secretary may accept proposals from artists, engravers and other employees of the United States Mint, other Government employees, and members of the general public. (4) Compensation.--The Secretary shall determine compensation for the winning design under this subsection, which shall be not less than $5,000. The Secretary shall take into account this compensation amount when determining the sale price described in section 6(a). (d) Reverse Design.--The design on the common reverse of the coins minted under this Act shall depict a basketball. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2019. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Naismith Memorial Basketball Hall of Fame to fund an endowment that will enable increased operations and educational programming of the Naismith Memorial Basketball Hall of Fame. (c) Audits.--The Naismith Memorial Basketball Hall of Fame shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Naismith Memorial Basketball Hall of Fame Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue not more than 50,000 $5 coins, 400,000 $1 coins, and 750,000 half-dollar coins emblematic of the game of basketball. The bill requires all sales of such coins to include specified surcharges, which shall be paid by Treasury to the Naismith Memorial Basketball Hall of Fame to fund an endowment for increased operations and educational programming.

Naismith Memorial Basketball Hall of Fame Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Johnson-O'Malley Supplemental Indian Education Program Modernization Act''. SEC. 2. SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION. The Act of April 16, 1934 (25 U.S.C. 452 et seq.) (commonly known as the ``Johnson-O'Malley Act''), is amended by adding at the end the following: ``SEC. 7. SUPPLEMENTAL INDIAN EDUCATION PROGRAM MODERNIZATION. ``(a) Definitions.--In this section: ``(1) Elementary school.--The term `elementary school' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(2) Eligible entity.--The term `eligible entity' means an entity that educates or serves Indian students and is-- ``(A) a tribal organization; ``(B) an Indian corporation; ``(C) a school district; ``(D) a State; or ``(E) a consortium of tribal organizations. ``(3) Eligible indian student.--The term `eligible Indian student' means an Indian student who is eligible under section 273.12 of title 25, Code of Federal Regulations (or any corresponding similar regulation or ruling). ``(4) 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). ``(5) Secondary school.--The term `secondary school' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(6) Secretary.--The term `Secretary' means the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs. ``(7) Tribal college or university.--The term `Tribal College or University' has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). ``(b) Establishment.--The Secretary, in coordination with the Director of the Bureau of Indian Education, shall establish a program to enter into contracts and to monitor and review contractual obligations with eligible entities to provide educational benefits to eligible Indian students. ``(c) Uses of Funds.--An eligible entity that enters into a contract under subsection (b) shall use the funds available under the contract for the educational benefit of eligible Indian students-- ``(1) to establish and carry out programs, or to expand and carry out programs in existence before the period of time covered by the contract, to provide-- ``(A) remedial instruction, counseling, and cultural programs; ``(B) courses related to science, technology, engineering, and mathematics; ``(C) school supplies and other items that enable students to participate in curricular and extra- curricular programs; or ``(D) activities that were available to Indian students under contracts entered into under this Act before October 1, 2012; ``(2) to establish targeted, culturally sensitive, dropout prevention activities; and ``(3) to purchase equipment to facilitate-- ``(A) training for professional trade skills; and ``(B) intensified college preparation programs. ``(d) Computation of Awards.-- ``(1) In general.--Except as provided in paragraph (3), the Secretary shall base the amount that an eligible entity receives under a contract entered into under subsection (b) for any fiscal year on the number of eligible Indian students of the eligible entity, as determined by the Secretary under paragraph (2). ``(2) Determination of number of eligible indian students.-- ``(A) In general.--The Secretary shall determine the number of eligible Indian students of an eligible entity in accordance with this paragraph. ``(B) Initial determination.--Not later than 1 year after the date of enactment of this section, the Secretary shall publish a report describing the number of potentially eligible Indian students of each eligible entity, using data described in subparagraph (D) from, as determined by the Secretary, the most applicable, accurate, and current of-- ``(i) the Bureau of the Census; or ``(ii) the National Center for Education Statistics. ``(C) Reconciliation.--After publishing the report under subparagraph (B), the Secretary, in coordination with the Director of the Bureau of Indian Education, shall consult with entities party to a contract under subsection (b)-- ``(i) to establish a process to reconcile the data described in the report published under subparagraph (B) with-- ``(I) data described in subparagraph (D) of entities party to a contract under subsection (b); and ``(II) tribal enrollment information; and ``(ii) to determine an accurate number of eligible Indian students of each eligible entity. ``(D) Data use.-- ``(i) In general.--Subject to clause (ii), the Secretary shall use data from not earlier than the fiscal year preceding the fiscal year for which an eligible entity is applying for a contract under subsection (b) to determine the number of eligible Indian students. ``(ii) New contractors.--To determine the number of eligible Indian students of an entity party to a contract under subsection (b) that the Secretary recognized as an eligible entity during or after fiscal year 2012, the Secretary shall, for the first year of the period of time covered by the contract, use data of the school districts served by the entity for the fiscal year for which the entity is applying for a contract under subsection (b). ``(3) Hold harmless.--An eligible entity that educates or serves eligible Indian students attending a public school that has been afforded supplemental services under a contract under this Act that took effect during or before fiscal year 1995 shall receive an amount under a contract entered into under subsection (b) equal to or greater than the amount that the eligible entity would have received under the contract entered into under this Act during or before fiscal year 1995, for a period of time ending not sooner than 2 years after the date of enactment of this section. ``(4) Funding reform.--The Secretary shall submit to Congress recommendations for legislation to provide resources to restore the amount of funds available through contracts under this Act per Indian student to the amount of funds available through contracts under this Act per Indian student during fiscal year 1995. ``(e) Additional Considerations.-- ``(1) Geographic coverage and enhanced participation.--In entering into contracts under subsection (b), the Secretary shall, to the maximum extent practicable, ensure-- ``(A) full geographic coverage; and ``(B) the full participation of eligible entities. ``(2) Increased participation of eligible entities.--To the maximum extent practicable, the Secretary shall-- ``(A) contact and consult with Indian tribes and school districts with significant populations of eligible Indian students that have not previously contracted under this Act; and ``(B) determine the interest in and eligibility for administering services under this Act of the Indian tribes and school districts described in subparagraph (A). ``(3) Complementary program participants.--In entering into contracts under subsection (b), the Secretary may give preference to a consortium of tribal organizations, including a consortium of tribal organizations that includes a Tribal College or University, to encourage as many students and professionals as possible to benefit from the program established under subsection (b). ``(f) Annual Report.--The Secretary shall include in the budget request of the Department of the Interior for each fiscal year an annual assessment of the program established under subsection (b). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.''.

Johnson-O'Malley Supplemental Indian Education Program Modernization Act This bill amends the Johnson-O'Malley Act to establish a program through which the Bureau of Indian Affairs (BIA) shall contract with eligible entities for the purpose of providing educational benefits to Indian students. An eligible entity is an entity that educates or serves Indian students and is either a tribal organization, an Indian corporation, a school district, a state, or a consortium of tribal organizations. An eligible entity shall use the funds to establish or expand programs to: (1) provide remedial instruction, counseling, cultural programs, school supplies, and specified courses and activities; (2) establish targeted, culturally sensitive, dropout prevention activities; and (3) purchase equipment to facilitate training in trade skills and college preparation. In general, BIA shall base the amount of a contract on the number of eligible Indian students educated or served by an eligible entity. With respect to these contracts, BIA must ensure full geographic coverage and the full participation of eligible entities.

Johnson-O'Malley Supplemental Indian Education Program Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``NASA and JPL 50th Anniversary Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary) shall mint and issue the following coins: (1) $10 gold coins.--Not more than 75,000 $10 gold coins of such specifications as the Secretary determines to be appropriate. (2) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (3) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (4) Half dollar silver coins.--Not more than 500,000 half dollar coins which shall-- (A) have a diameter of 1.205 inches; and (B) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 50 years of exemplary and unparalleled achievements of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2008''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum'', and such other inscriptions as the Secretary may determine to be appropriate for the designs of the coins. (3) Coin images.-- (A) $10 coins.--The reverse of the $10 coins issued under this Act shall bear a design emblematic of the sacrifice of the United States astronauts who lost their lives in the line of duty over the course of the space program. (B) $5 coins.--The reverse of the $5 coins issued under this Act shall bear at least 2 different designs-- (i) 1 of which shall be emblematic of the Moon missions of the National Aeronautics and Space Administration; and (ii) 1 of which shall be emblematic of the Earth missions of the National Aeronautics and Space Administration. (C) $1 coins.-- (i) Obverse.--The obverse of the $1 coins issued under this Act shall honor the achievements of the Jet Propulsion Laboratory and bear an image emblematic of the missions and achievements of the Laboratory in the exploration of the solar system. (ii) Reverse.--The reverse of the $1 coins issued under this Act shall bear 8 different designs each of which shall consist of an image of 1 of the 8 planets of the solar system, other than Earth, and be emblematic of the missions of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory to such planet. (D) Half dollar coins.--The reverse of the half dollar coins shall bear an image of the universe. (4) Realistic and scientifically accurate depictions.--The images for the designs of coins issued under this Act shall be selected on the basis of the realism and scientific accuracy of the images and on the extent to which the images are reminiscent of the dramatic and beautiful artwork on coins of the so-called ``Golden Age of Coinage'' in the United States, at the beginning of the Twentieth Century, with the participation of such noted sculptors and medallic artists as James Earle Fraser, Augustus Saint-Gaudens, Victor David Brenner, Adolph A. Weinman, Charles E. Barber, and George T. Morgan. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Administrator of the National Aeronautics and Space Administration, the Director of the Jet Propulsion Laboratory, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coin Advisory Committee. SEC. 4. SYMBOLIC INCLUSION OF PRECIOUS METALS THAT HAVE FLOWN IN SPACE. (a) Collection.--Each Federal agency and instrumentality of the United States, including the Department of Defense, the Smithsonian Institution, the National Aeronautics and Space Administration, and the Jet Propulsion Laboratory, that has in its possession any craft, or any part of a craft, that flew in space shall-- (1) retrieve any gold, silver, copper, and other precious metal that the Director of the United States Mint determines may be used in the production of any coins under this Act, from such craft or part, that can be retrieved without harming any such craft or part that may be of continuing use for its original purpose or for research, or whose preservation is appropriate for historical purposes; and (2) deposit such precious metals so retrieved with the Director of the United States Mint. (b) Segregation and Recordkeeping.--Each Federal agency and instrumentality of the United States which retrieves any precious metals in accordance with subsection (a), and the Director of the United States Mint with respect to precious metals deposited with the Mint in accordance with such subsection, shall maintain such precious metals separately from other metals not so retrieved or obtained and shall maintain accurate and complete records of the retrieval and deposit of any such precious metals. (c) Use of Precious Metals in Production of Coins.--Any precious metals deposited with the Director of the United States Mint under subsection (a) shall be used in the production of the coins struck under this Act by blending such precious metals with other bullion necessary for the production of such coins so that all of the coins produced under this Act will contain some proportion of the bullion obtained from craft or parts of crafts that flew in space in an amount appropriate for the types and denominations of the coins and the amount of precious metals so deposited. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Sets.--In issuing coins minted under this Act, the Secretary shall make not less than 25,000 sets of coins available for issuance each of which shall contain the coins of each denomination of the coins minted under this Act, including a coin bearing each design required for the reverse of any such denomination of coin. (c) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (d) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2008. (e) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2008. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 6(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $75 per coin for the $10 coin. (2) A surcharge of $35 per coin for the $5 coin. (3) A surcharge of $10 per coin for the $1 coin. (4) A surcharge of $3 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the NASA Family Assistance Fund for the purposes of providing need- based financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties. (c) Audits.--The NASA Family Assistance Fund shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the under subsection (b).

NASA and JPL 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration (NASA) and the Jet Propulsion Laboratory (JPL) to mint and issue: (1) ten dollar gold coins; (2) five dollar gold coins; (3) one dollar silver coins; and (4) half-dollar silver coins emblematic of the 50 years of exemplary and unparalleled achievements of NASA and JPL. Directs each Federal agency and U.S. instrumentality that has in its possession any craft or any part of a craft that flew in space to: (1) retrieve any gold, silver, copper, and other precious metal that may be used in the production of any coins under this Act from such craft or part; and (2) deposit such metals with the Director of the United States Mint. Requires that all sales of coins minted under this Act include a surcharge of : (1) $75 per coin for the ten dollar coin; (2) $35 per coin for the five dollar coin; (3) $10 per coin for the one dollar coin; and (4) $3 for the half-dollar coin, which shall be paid by the Secretary to the NASA Family Assistance Fund for the purposes of providing financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties.

To require the Secretary of the Treasury to mint coins in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory.

SECTION 1. SHORT TITLE. This Act may be cited as the ``High School Athletics Accountability Act of 2009''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds as follows: (1) Participation in sports teaches youth critical life skills and has a significant positive impact on all areas of their lives, especially for girls. (2) Girls who participate in sports have higher levels of confidence and self-esteem, lower levels of depression, are less likely to be suicidal, are more likely to have a positive body image than female non-athletes, and are half as likely to experience an unintended pregnancy as compared to female non- athletes. Girls who participate in sports have higher graduation rates, receive better grades, and are less likely to smoke or use illegal drugs. (3) Sports participation effectively combats obesity, which is particularly significant given that one in six girls are obese or overweight and African-Americans and Hispanic girls face even greater risks. (4) Despite advances in athletic opportunities for women and girls since the passage of title IX of the Education Amendments of 1972, discrimination still limits athletic opportunities for females in interscholastic and intercollegiate athletics. Girls comprise 49 percent of the high school population, but receive only 41 percent of all interscholastic athletic participation opportunities nationwide. This translates into 1,300,000 fewer opportunities to play high school sports for girls than for boys. These lost participation opportunities also result in the loss of athletic scholarships that make it possible for many girls and young women to attend college. (5) There is ample evidence that girls' teams often receive inferior benefits and services when they do play, in areas such as overall budgets; travel; equipment; uniforms; facilities, including locker rooms, fields, and practice and competitive facilities; training and medical services; publicity; access to coaches; and scheduling of practices, games, and sports seasons. (6) Without information about how athletic opportunities and benefits are being allocated at the elementary and secondary school levels, students may be deprived of opportunities to play sports and to receive athletic scholarships to attend college. (7) Students, parents, and schools should be aware of the athletic opportunities and benefits available to male and female students so that they can work to enhance athletic opportunities for all and address any inequities. (b) Purposes.--The purposes of this Act are as follows: (1) To ensure that information about the allocation of athletic opportunities and benefits at the elementary and secondary school levels is available to all students. (2) To promote equal opportunities for both boys and girls to engage in school-sponsored athletics. (3) To provide boys and girls with equal access to the physical, psychological, health and other benefits that result from playing sports. SEC. 3. DISCLOSURE OF STATISTICS ON EQUALITY IN ATHLETIC PROGRAMS. Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at the end the following: ``SEC. 9537. EQUALITY IN ATHLETIC PROGRAMS. ``(a) Report.--Each coeducational elementary or secondary school that participates in any program under this Act and has an athletic program, shall annually, for the immediately preceding academic year, prepare a report that contains the following information: ``(1) The number of students that attended the school and for each student an identification of such student's-- ``(A) sex; ``(B) race; and ``(C) ethnicity. ``(2) A listing of the teams that competed in athletic competition and for each such team the following data: ``(A) The total number of participants as of the day of the first scheduled contest for the team, and for each participant an identification of such participant's-- ``(i) sex; ``(ii) race; and ``(iii) ethnicity. ``(B) The year the team began. ``(C) The total expenditures for each team from school and nonschool sources, including a listing of the following data for each team: ``(i) Expenditures for travel. ``(ii) Expenditures for equipment (including any equipment replacement schedule). ``(iii) Expenditures for uniforms (including any uniform replacement schedule). ``(iv) Expenditures for facilities (including locker rooms, fields, and gymnasiums) and their maintenance and repair. ``(v) Expenditures for training and medical facilities and services. ``(vi) Expenditures for publicity for competitions (including press guides, press releases, game programs, and publicity personnel). ``(D) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such person's-- ``(i) sex; ``(ii) employment status (including whether such person is employed full-time or part-time, and whether such person is a head or assistant trainer or medical services provider) and duties other than providing training or medical services; and ``(iii) qualifications, including whether the person is a professional or student. ``(E) The total number of coaches, and for each coach an identification of such coach's-- ``(i) sex; ``(ii) employment status (including whether such coach is employed full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching; and ``(iii) qualifications, including whether the person is a professional or student. ``(F) Total annual revenues generated by the team (including contributions from outside sources such as booster clubs), disaggregated by source. ``(G) The total number of competitions scheduled, and for each scheduled competition an indication of what day of the week and time the competition was scheduled. ``(H) The total number of practices scheduled, and for each scheduled practice an indication of what day of the week and time the practice was scheduled. ``(I) The season in which the team competed. ``(J) Whether such team participated in postseason competition, and the success of such team in any postseason competition. ``(3) The average annual institutional salary attributable to coaching of the head coaches of men's teams, across all offered sports, and the average annual institutional salary attributable to coaching of the head coaches of women's teams, across all offered sports. ``(4) The average annual institutional salary attributable to coaching of the assistant coaches of men's teams, across all offered sports, and the average annual institutional salary attributable to coaching of the assistant coaches of women's teams, across all offered sports. ``(b) Special Rule.--For the purpose of reporting the information described in paragraphs (3) and (4) of subsection (a), if a coach has responsibilities for more than 1 team and the school does not allocate such coach's salary by team, the school should divide the salary by the number of teams for which the coach has responsibility and allocate the salary among the teams on a basis consistent with the coach's responsibilities for the different teams. ``(c) Disclosure of Information to Students and Public.--On an annual basis, each coeducational elementary or secondary school described in subsection (a) shall-- ``(1) make available to students, potential students, and the public, upon request, the information contained in each report by the school under this section by October 15 of each school year; and ``(2) ensure that all students at the school and members of the relevant community are informed of their right to request such information. ``(d) Submission; Information Availability.--On an annual basis, each coeducational elementary or secondary school described in subsection (a) shall provide the information contained in each report by the school under this section to the Commissioner for Education Statistics not later than 15 days after the date that the school makes such information available under subsection (c). ``(e) Duties of Commissioner for Education Statistics.--The Commissioner for Education Statistics shall-- ``(1) ensure that the data required under this section are posted on the Department of Education's Web site within a reasonable period of time; and ``(2) not later than 180 days after the date of the enactment of the High School Athletics Accountability Act of 2009, notify all elementary and secondary schools in all States about the requirements under subsection (c) and issue guidance to all elementary and secondary schools on how to collect and report the information required under this section.''.

High School Athletics Accountability Act of 2009 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct coeducational elementary and secondary schools that participate in any ESEA program to annually: (1) report certain information on equality in their school athletic programs to the Commissioner for Educational Statistics; and (2) make such information available, upon request, to their students, potential students, and the public. Directs the Commissioner to ensure that such data are posted on the Department of Education's Web site within a reasonable period of time.

To amend the Elementary and Secondary Education Act of 1965 to direct certain coeducational elementary and secondary schools to make available information on equality in school athletic programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Full Funding for IDEA Now Act of 2003''. SEC. 2. PURPOSE. The purpose of this Act is to attain the Federal Government's goal under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) of providing 40 percent of the national current average per pupil expenditure to assist States and local educational agencies with the excess costs of educating children with disabilities and to make such funding mandatory. SEC. 3. AMOUNT OF GRANT FOR STATES UNDER PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) In General.--Section 611(a) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(a)) is amended-- (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following: ``(2) Minimum amounts.--The minimum amount of the grant a State is entitled to receive under this section for a fiscal year is-- ``(A) the number of children with disabilities in the State who are receiving special education and related services-- ``(i) aged 3 through 5 if the State is eligible for a grant under section 619; and ``(ii) aged 6 through 21; multiplied by ``(B) 40 percent of the average current per-pupil expenditure in public elementary and secondary schools in the United States. ``(3) No individual entitlement.--Paragraph (2) shall not be interpreted to entitle any individual to assistance under any State program, project, or activity funded under this part.''. (b) Conforming Amendments.--(1) Section 611 of the Individuals with Disabilities Education Act (20 U.S.C. 1411) is amended by striking subsection (j). (2) Section 611 of the Individuals with Disabilities Education Act (20 U.S.C. 1411), as amended by paragraph (1), is further amended-- (A) in subsection (b)(1), by striking ``From the amount appropriated for any fiscal year under subsection (j), the Secretary shall reserve not more than one percent, which shall be used'' and inserting ``From the amount available for any fiscal year to carry out this part (other than section 619), the Secretary shall use not more than one percent''; (B) in subsection (c), by striking ``From the amount appropriated for any fiscal year under subsection (j), the Secretary shall reserve'' and inserting ``From the amount available for any fiscal year to carry out this part (other than section 619), the Secretary shall use''; (C) in subsection (d)-- (i) in paragraph (1)-- (I) by striking ``(1) In general.--''; and (II) by striking ``paragraph (2) or subsection (e), as the case may be'' and inserting ``subsection (e)''; and (ii) by striking paragraph (2); (D) in subsection (e)-- (i) in the heading, by striking ``Permanent''; (ii) in paragraph (1)-- (I) by striking ``subsection (d)(1)'' and inserting ``subsection (d)''; and (II) by inserting after ``subsection (j)'' the following: ``(as such subsection was in effect on the day before the date of the enactment of the Full Funding for IDEA Now Act of 2003)''; and (iii) in paragraph (3)(B)-- (I) in clause (ii)-- (aa) in subclause (I)(bb), by striking ``amount appropriated under subsection (j)'' and inserting ``amount available to carry out this part (other than section 619)''; (bb) in subclause (II)(bb), by striking ``appropriated'' and inserting ``available''; and (cc) in subclause (III)(bb), by striking ``appropriated'' and inserting ``available''; and (II) in clause (iii)(II), by striking ``appropriated'' and inserting ``available''; (E) in subsection (g)-- (i) in paragraph (2)-- (I) by striking subparagraph (A); (II) by striking ``(B) Permanent procedure.--''; (III) by redesignating clauses (i) and (ii) and subclauses (I) and (II) as subparagraphs (A) and (B) and clauses (i) and (ii), respectively; and (IV) in subparagraph (B) (as redesignated), by striking ``clause (i)'' and inserting ``subparagraph (A)''; and (ii) in paragraph (3)(A)-- (I) in clause (i)(I), by striking ``appropriated'' and inserting ``available''; (II) in clause (ii), by striking ``appropriated'' and inserting ``available''; and (F) in subsection (i)(3)(A), by striking ``appropriated under subsection (j)'' and inserting ``available to carry out this part (other than section 619)''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2003.

Full Funding for IDEA Now Act of 2003 - Amends the Individuals with Disabilities Education Act (IDEA) to specify a mandatory minimum level of Federal grant payments to States for assistance for education of all children with disabilities.Sets such level at 40 percent of the average current per-pupil expenditure in public and secondary schools in the United States multiplied by the number of children with disabilities in the State who are receiving special education and related services: (1) aged three through five if the State is eligible for an IDEA preschool grant; and (2) aged six through 21.

To amend the Individuals with Disabilities Education Act to provide full funding for assistance for education of all children with disabilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Innovation $1 Coin Act''. SEC. 2. AMERICAN INNOVATION $1 COIN PROGRAM. Section 5112 of title 31, United States Code, is amended by inserting after subsection (v) the following new subsection: ``(w) Redesign and Issuance of $1 Coins Honoring Innovation, Innovators, and Pioneers From Each State, the District of Columbia, and Each Territory.-- ``(1) Redesign beginning in 2017.-- ``(A) In general.--Notwithstanding subsection (d)(1) and subsection (d)(2) and in accordance with the provisions of this subsection, during the 14-year period beginning on January 1, 2017 (or such later date as provided under subparagraph (B)(ii)), the Secretary of the Treasury shall mint and issue $1 coins to be known as `American Innovation $1 coins', that-- ``(i) have designs on the obverse selected in accordance with paragraph (2)(A); and ``(ii) have a design on the reverse selected in accordance with paragraph (2)(B). ``(B) Continuity provisions.-- ``(i) In general.--Notwithstanding subparagraph (A), the Secretary shall continue to mint and issue $1 coins honoring Native Americans and their contributions in accordance with subsection (r). ``(ii) First year.--Notwithstanding subparagraph (A), if the Secretary finds that it is not feasible and cost-effective to mint and issue American Innovation $1 coins beginning in 2017, the Secretary may mint and issue $1 coins bearing the designs of such Presidential $1 coins issued pursuant to subsection (n) that the Secretary determines to be appropriate. If any such Presidential $1 coin design bore the inscription `In God We Trust' incused on the edge, the Secretary shall modify the design to place that inscription on the coin's obverse only, and such modification may be done without review by the Citizens Coinage Advisory Committee nor consultation with the Commission of Fine Arts. ``(C) Definition of territory.--For purposes of this subsection, the term `territory' means the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(2) Design requirements.--Notwithstanding subsection (d)(1) and subsection (d)(2), the $1 coins issued in accordance with paragraph (1)(A) shall meet the following design requirements: ``(A) Coin obverse.--The design on the obverse of each coin issued under this subsection shall contain-- ``(i) a design symbolic of Liberty; and ``(ii) the inscription `In God We Trust'. ``(B) Coin reverse.--The design on the reverse of each coin issued under this subsection shall bear the following: ``(i) An image or images emblematic of one of the following from one of the 50 States, the District of Columbia, or the territories of the United States: ``(I) A significant innovation. ``(II) An innovator or pioneer. ``(III) A group of innovators or pioneers. ``(ii) The name of the State, the District of Columbia, or territory, as applicable. ``(iii) The inscriptions `$1' and `United States of America'. ``(C) Edge-incused inscriptions.-- ``(i) In general.--The inscription of the year of minting or issuance of the coin and the inscription `E Pluribus Unum' shall be edge- incused into the coin. ``(ii) Preservation of distinctive edge.-- The edge-incusing of the inscriptions under clause (i) on coins issued under this subsection shall be done in a manner that preserves the distinctive edge of the coin so that the denomination of the coin is readily discernible, including by individuals who are blind or visually impaired. ``(3) Issuance of coins commemorating innovation, innovators, and pioneers.-- ``(A) Order of issuance.--The coins issued under this subsection commemorating either an innovation, an individual innovator or pioneer, or a group of innovators or pioneers, from each State, the District of Columbia, or a territory shall be issued in alphabetic order of the State, the District, or territory represented, starting with Alabama. ``(B) Issuance of coins commemorating four innovations, innovators, and pioneers during each of 14 years.-- ``(i) In general.--Four $1 coin designs as described in this subsection shall be issued during each year of the period referred to in paragraph (1) until one coin featuring one innovation, an individual innovator or pioneer, or a group of innovators or pioneers, from each of the States, the District of Columbia, and territories has been issued. ``(ii) Number of coin designs in each year.--The Secretary shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of $1 coins that shall be issued with each of the designs selected for each year of the period referred to in paragraph (1). ``(iii) Application in event of the admission of additional states.-- Notwithstanding clause (i), if any additional State or territory is admitted into the Union before the end of the 14-year period referred to in paragraph (1), the Secretary of the Treasury may issue $1 coins, in accordance with this subsection during any one year of such 14- year period, in addition to the four $1 coins issued during such year in accordance with clause (i). ``(iv) Application in the event of independence.--Notwithstanding paragraph (3)(B)(i), if any State or territory becomes independent or otherwise ceases to be a State or territory of the United States before $1 coins are minted pursuant to this subsection, the subsection shall cease to apply with respect to such State or territory. ``(4) Selection of concept and design.-- ``(A) Concept.--With respect to each State, the District of Columbia, and territory to be honored with a coin under this subsection, the selection of the significant innovation, innovator or pioneer, or group of innovators or pioneers to be borne on the reverse of such coin shall be made by the Secretary of the Treasury, after consultation with the Governor or other chief executive of the State, the District of Columbia, or territory with respect to which a coin is to be issued under this subsection. ``(B) Design.--Each of the designs required under this subsection shall be selected by the Secretary after-- ``(i) consultation with-- ``(I) the Governor or other chief executive of the State, the District of Columbia, or territory with respect to which a coin is to be issued under this subsection; and ``(II) the Commission of Fine Arts; and ``(ii) review by the Citizens Coinage Advisory Committee. ``(C) Selection and approval process.--Designs for $1 coins under this subsection may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(D) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any $1 coin minted under this subsection. ``(E) Prohibition on certain representations.--No head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of any coin issued under this subsection. ``(5) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all $1 coins minted under this subsection shall be considered to be numismatic items. ``(6) Issuance of numismatic coins.--The Secretary may mint and issue such number of $1 coins of each design selected under this subsection in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(7) Termination of program.--The issuance of coins under this subsection shall terminate when one innovation, an individual innovator or pioneer, or a group of innovators or pioneers, from each State, the District of Columbia, and territory has been honored and may not be resumed except by an Act of Congress.''.

American Innovation $1 Coin Act This bill directs the Department of the Treasury to mint and issue American Innovation $1 coins commemorating an innovation, an individual innovator or pioneer, or a group of innovators or pioneers from each state, the District of Columbia, and U.S. territory. Four such coins shall be issued each year for 14 years until one coin for each of the states, the District of Columbia, and the territories has been issued. Such coins shall be issued in alphabetic order of the jurisdiction represented.

American Innovation $1 Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Robert Stodola Homeless Veterans Assistance Act''. SEC. 2. DEFINITION. (a) In General.--Subtitle A of title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended by adding at the end the following new section: ``SEC. 402. DEFINITION OF VETERAN. ``For purposes of this title, the term `veteran' has the meaning given such term in section 101 of title 38, United States Code.''. (b) Clerical Amendment.--The table of contents in section 101(b) of the Stewart B. McKinney Homeless Assistance Act is amended by inserting after the item relating to section 401 the following new item: ``Sec. 402. Definition of veteran.''. SEC. 3. EMERGENCY SHELTER GRANTS PROGRAM. Section 413 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11373) is amended by adding at the end the following new subsection: ``(f) Veterans' Share.-- ``(1) In general.--Each metropolitan city, urban county, State, and Indian tribe for which assistance under this subtitle is provided shall ensure that not less than 20 percent of the total amount received by the city, county, State, or tribe in each fiscal year shall be used for eligible activities designed to serve primarily homeless persons who are veterans. Such activities shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. ``(2) Exception.--Upon the request of a metropolitan city, urban county, State, or Indian tribe, the Secretary may, with respect to a fiscal year, waive the requirement under paragraph (1) or reduce the percentage under such paragraph for the city, county, State, or tribe if the city, county, State, or tribe demonstrates to the satisfaction of the Secretary, and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts of assistance under this subtitle for the city, county, State, or tribe will remain unused for an unreasonable period of time. ``(3) Reports by grantees.--Each metropolitan city, urban county, State, and Indian tribe for which assistance under this subtitle is provided for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing each project and activity funded with such assistance that is designed to serve primarily homeless persons who are veterans, the location of the project or activity, and the amount of such assistance provided for the project or activity.''. SEC. 4. SUPPORTIVE HOUSING PROGRAM. (a) Selection Criteria.--Section 426(b) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11386(b)) is amended-- (1) in paragraph (6) by striking ``and'' at the end; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: ``(7) such factors as the Secretary, after consultation with the Secretary of Veterans Affairs, considers necessary to ensure compliance with the requirements under section 429(b)(4); and''. (b) Veterans' Share.--Section 429(b) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11389(b)) is amended-- (1) in paragraph (2) by striking ``and'' at the end; (2) in paragraph (3) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) not less than 20 percent shall be allocated for use only for projects and supportive services designed to serve primarily homeless persons who are veterans, except that-- ``(A) the Secretary shall make assistance available with such amounts only after consultation with and upon the concurrence of the Secretary of Veterans Affairs; ``(B) projects and services provided with amounts allocated under this paragraph shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs; and ``(C) the Secretary may, with respect to a fiscal year, waive the requirement to reserve amounts under this paragraph or reduce the percentage so reserved if the Secretary determines (based on approvable applications submitted for assistance under this subtitle), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts appropriated for such fiscal year to carry out this subtitle will remain unused for an unreasonable period of time.''. (c) Report.--Section 426(c)(4) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11386(c)(4)) is amended by inserting before the semicolon at the end the following: ``, which shall include, in the case of an applicant carrying out a project designed to serve primarily homeless persons who are veterans, reporting to the Secretary and the Secretary of Veterans Affairs for such fiscal year regarding the activities funded during such fiscal year with such assistance that are designed to serve primarily homeless persons who are veterans, the location of the project and of such activities, and the amount of such assistance provided for the project or such activities.''. SEC. 5. SAFE HAVENS FOR HOMELESS INDIVIDUALS DEMONSTRATION PROGRAM. (a) Selection Criteria.--Section 434(c) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11394(c)) is amended-- (1) in paragraph (6) by striking ``and'' at the end; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: ``(7) such factors as the Secretary, after consultation with the Secretary of Veterans Affairs, considers necessary to ensure compliance with the requirements under subsection (e); and''. (b) Veterans' Share.--Section 434 of the Stewart B. McKinney Homeless Assistance Act is amended by adding at the end the following new subsection: ``(e) Veterans' Share.-- ``(1) In general.--In making grants to applicants under this subtitle, the Secretary shall ensure that not less than 20 percent of the amount made available for each fiscal year to carry out this subtitle is used for eligible activities designed to serve primarily homeless persons who are veterans, which activities shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. A grant shall be considered to comply with the requirement under preceding sentence only if the Secretary consults with and obtains the concurrence of the Secretary of Veterans Affairs in making the grant. ``(2) Exception.--The Secretary may, with respect to a fiscal year, waive the requirement under paragraph (1) or reduce the percentage under such paragraph if the Secretary determines (based on approvable applications submitted for assistance under this subtitle), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts made available for such fiscal year to carry out this subtitle will remain unused for an unreasonable period of time. ``(3) Reports by recipients.--Each recipient provided assistance under this subtitle for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing each facility and activity funded with such assistance that is designed to serve primarily homeless persons who are veterans, the location of the facility or activity, and the amount of such assistance provided for the facility or activity.''. SEC. 6. SECTION 8 PROGRAM FOR SINGLE ROOM OCCUPANCY DWELLINGS. (a) Selection Criteria.--Section 441(c) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11401(c)) is amended by striking the period at the end of the first sentence and inserting the following: ``, while ensuring compliance with the requirements under subsection (k). The Secretary, after consultation with the Secretary of Veterans Affairs, shall establish any criteria for such competition necessary to ensure compliance with the requirements under subsection (k).''. (b) Veterans' Share.--Section 441 of the Stewart B. McKinney Homeless Assistance Act is amended by adding at the end the following new subsection: ``(k) Veterans' Share.-- ``(1) In general.--In allocating amounts to applicants under this section, the Secretary shall ensure that not less than 20 percent of the amounts made available for each fiscal year to carry out this section are used for assistance designed to serve primarily homeless persons who are veterans, which assistance shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. Assistance shall be considered to comply with the requirement under preceding sentence only if the Secretary consults with and obtains the concurrence of the Secretary of Veterans Affairs in allocating the assistance. ``(2) Exception.--The Secretary may, with respect to a fiscal year, waive the requirement under paragraph (1) or reduce the percentage under such paragraph if the Secretary determines (based on approvable applications submitted for assistance under this section), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts made available for such fiscal year to carry out this section will remain unused for an unreasonable period of time. ``(3) Reports by recipients.--Each applicant that receives assistance under this section for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing each dwelling unit occupied by a homeless person who is a veteran that is assisted with such assistance, the location of the dwelling unit, and the amount of such assistance provided for the dwelling unit.''. SEC. 7. SHELTER PLUS CARE PROGRAM. (a) Selection Criteria.--Section 455(a) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11403d(a)) is amended-- (1) in paragraph (8) by striking ``and'' at the end; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following new paragraph: ``(9) such factors as the Secretary, after consultation with the Secretary of Veterans Affairs, considers necessary to ensure compliance with the requirements under subsection (d); and''. (b) Veterans' Share.--Section 455 of the Stewart B. McKinney Homeless Assistance Act is amended by adding at the end the following new subsection: ``(d) Veterans' Share.-- ``(1) In general.--In providing assistance to applicants under this subtitle, the Secretary shall ensure that not less than 20 percent of the amount made available for each fiscal year to carry out this subtitle is used for rental assistance designed to serve primarily homeless persons who are veterans, which assistance shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. Assistance shall be considered to comply with the requirement under preceding sentence only if the Secretary consults with and obtains the concurrence of the Secretary of Veterans Affairs in providing the assistance. ``(2) Exception.--The Secretary may, with respect to a fiscal year, waive the requirement under paragraph (1) or reduce the percentage under such paragraph if the Secretary determines (based on approvable applications submitted for assistance under this subtitle), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts made available for such fiscal year to carry out this subtitle will remain unused for an unreasonable period of time. ``(3) Reports by recipients.--Each recipient provided assistance under this subtitle for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing assistance funded with such amounts that is designed to serve primarily homeless persons who are veterans, the location of the housing or activity so assisted, and the amount of such assistance provided for the housing or activity.''. SEC. 8. RURAL HOMELESSNESS GRANT PROGRAM. Section 491(c) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11408(c)) is amended by adding at the end the following new paragraph: ``(4) Veterans' share.-- ``(A) In general.--In awarding grants under subsection (a) for a fiscal year, the Secretary shall ensure that not less than 20 percent of the amount made available for the fiscal year for such grants is used for eligible activities under subsection (b) designed to serve primarily homeless persons who are veterans, which activities shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. A grant shall be considered to comply with the requirement under preceding sentence only if the Secretary consults with and obtains the concurrence of the Secretary of Veterans Affairs in providing the grant. ``(B) Exception.--The Secretary may, with respect to a fiscal year, waive the requirement under subparagraph (A) or reduce the percentage under such subparagraph if the Secretary determines (based on approvable applications submitted for grants under this section), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts made available for such fiscal year to carry out this section will remain unused for an unreasonable period of time. ``(C) Reports by recipients.--Each eligible organization receiving a grant under this section for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing assistance funded with such amounts that is designed to serve primarily homeless persons who are veterans, the location of the housing or activities so assisted, and the amount of such amounts provided for the housing or activities.''. SEC. 9. TECHNICAL ASSISTANCE AND ANNUAL REPORTS. (a) In General.--Subtitle A of title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C 11361), as amended by section 2 of this Act, is further amended by adding at the end the following new section: ``SEC. 403. TECHNICAL ASSISTANCE AND REPORTS REGARDING ACTIVITIES BENEFITING HOMELESS VETERANS. ``(a) Technical Assistance.--The Secretary, after consultation with and upon the concurrence of the Secretary of Veterans Affairs, shall carry out a program to provide technical advice, training, and outreach activities necessary to facilitate and encourage the funding, with grant amounts under this title, of projects and activities designed to serve primarily homeless persons who are veterans. The program shall include-- ``(1) providing notice of availability of amounts set-aside under this title for eligible activities designed to serve primarily homeless persons who are veterans to agencies and organizations who are qualified or could qualify as grantees for such amounts and project sponsors for such activities; ``(2) increasing participation, by agencies and organizations interested in carrying out eligible activities designed to serve primarily homeless persons who are veterans, in developing plans required under section 401; ``(3) providing assistance to increase the capability of such agencies and organizations in developing plans and applications for grants under this title and activities funded with such grant amounts (including providing assistance in integrating and coordinating such activities with services made available by the Department of Veterans Affairs). ``(b) Annual Reports.--Not later than 6 months after the conclusion of each fiscal year, the Secretary shall submit a report to the Congress and the Secretary of Veterans Affairs regarding activities and assistance provided with grant amounts under this title that are designed to serve primarily homeless persons who are veterans. The report shall analyze the extent of compliance with the requirements under this title to reserve amounts for such activities and assistance and shall summarize the reports regarding such assistance and activities submitted under sections 413(f)(3), 426(c)(4), 434(e)(3), 441(k)(3), 455(d)(3), and 491(c)(4)(C) by grant recipients. After submitting each report under this subsection, the Secretary shall consult with the Secretary of Veterans Affairs regarding any recommendations of such Secretary in response to the report.''. (b) Clerical Amendment.--The table of contents in section 101(b) of the Stewart B. McKinney Homeless Assistance Act is amended by inserting after the item relating to section 402 (as added by section 2(b) of this Act) the following new item: ``Sec. 403. Technical assistance and reports regarding activities benefiting homeless veterans.''.

Robert Stodola Homeless Veterans Assistance Act - Amends the Stewart B. McKinney Homeless Assistance Act to require each city, county, State, and Indian tribe which is provided assistance under the following programs to ensure that not less than 20 percent of the total amount received by such entity is used for activities benefiting homeless veterans: (1) the emergency shelter grants program; (2) the supportive housing program; (3) the safe havens for homeless individuals demonstration program; (4) a program for single room occupancy dwellings; (5) the shelter plus care program; and (6) the rural homelessness grant program. Provides for related technical assistance. Allows a waiver of such requirement in each case upon a determination that general program funds will remain unused for an unreasonable period of time unless the waiver is permitted.

Robert Stodola Homeless Veterans Assistance Act