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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Energy Price Protection Act of 2006''. SEC. 2. GASOLINE PRICE GOUGING PROHIBITED. (a) Unlawful Conduct.-- (1) Unfair and deceptive act or practice.--It shall be an unfair or deceptive act or practice in violation of section 5 of the Federal Trade Commission Act for any person to sell crude oil, gasoline, diesel fuel, home heating oil, or any biofuel at a price that constitutes price gouging as defined by rule pursuant to subsection (b). (2) Definition.--For purposes of this subsection, the term ``biofuel'' means any fuel containing any organic matter that is available on a renewable or recurring basis, including agricultural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials. (b) Price Gouging.-- (1) In general.--Not later than 6 months after the date of the enactment of this Act, the Federal Trade Commission shall promulgate, in accordance with section 553 of title 5, United States Code, any rules necessary for the enforcement of this section. (2) Contents.--Such rules-- (A) shall define ``price gouging'', ``retail sale'', and ``wholesale sale'' for purposes of this Act; and (B) shall be consistent with the requirements for declaring unfair acts or practices in section 5(n) of the Federal Trade Commission Act (15 U.S.C. 45(n)). (c) Enforcement.-- (1) In general.--Except as provided in subsection (d), a violation of subsection (a) 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)). 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 were incorporated into and made a part of this Act. (2) Exclusive enforcement.--Notwithstanding any other provision of law, no person, State, or political subdivision of a State, other than the Federal Trade Commission or the Attorney General of the United States to the extent provided for in section 5 of the Federal Trade Commission Act or the attorney general of a State as provided by subsection (d), shall have any authority to enforce this Act or any rule prescribed pursuant to this Act. (d) Enforcement by State Attorneys General.-- (1) Civil action.--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 any person who violates subsection (a), the attorney general, 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-- (A) to enjoin further violation of such section by the defendant; (B) to compel compliance with such section; or (C) to impose a civil penalty under subsection (e). (2) Intervention by the ftc.-- (A) Notice and intervention.--The State shall provide prior written notice of any action under paragraph (1) to the Federal Trade Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right-- (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of this Act, no attorney general of a State may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (3) Construction with respect to powers conferred by state law.--For purposes of bringing any civil action under paragraph (1), 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. (e) Civil Penalty.-- (1) In general.--Notwithstanding any civil penalty that otherwise applies to a violation of a rule referred to in subsection (c)(1), any person who violates subsection (a) shall be liable for a civil penalty under this subsection. (2) Amount.--The amount of a civil penalty under this subsection shall be an amount equal to-- (A) in the case of a wholesale sale in violation of subsection (a), the sum of-- (i) 3 times the difference between-- (I) the total amount charged in the wholesale sale; and (II) the total amount that would be charged in such a wholesale sale made at the wholesale fair market price; plus (ii) an amount not to exceed $3,000,000 per day of a continuing violation; or (B) in the case of a retail sale in violation of subsection (a), 3 times the difference between-- (i) the total amount charged in the sale; and (ii) the total amount that would be charged in such a sale at the fair market price for such a sale. (3) Deposit.--Of the amount of any civil penalty imposed under this section with respect to any sale in violation of subsection (a) to a person that resides in a State, the portion of such amount that is determined under subparagraph (A)(i) or (B) (or both) of paragraph (2) shall be deposited into-- (A) any account or fund established under the laws of the State and used for paying compensation to consumers for violations of State consumer protection laws; or (B) in the case of a State for which no such account or fund is establish by State law, into the general fund of the State treasury. (f) Criminal Penalty.-- (1) In general.--In addition to any other penalty that applies, a violation of subsection (a) is punishable-- (A) in the case of a wholesale sale in violation of subsection (a), by a fine of not more than $150,000,000, imprisonment for not more than 2 years, or both; or (B) in the case of a retail sale in violation of subsection (a), by a fine of not more than $2,000,000, imprisonment for not more than 2 years, or both. (2) Enforcement.--The criminal penalty provided by paragraph (1) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice, or any attorney specially appointed by the Attorney General, in accordance with section 515 of title 28, United States Code. Passed the House of Representatives May 3, 2006. Attest: KAREN L. HAAS, Clerk.

Federal Energy Price Protection Act of 2006 - Declares that it shall be an unfair or deceptive act or practice in violation of the Federal Trade Commission Act for any person to sell crude oil, gasoline, diesel fuel, home heating oil, or any biofuel at a price that constitutes price gouging. Defines "biofuel" as any fuel containing specified organic matter Instructs the Federal Trade Commission (FTC) to promulgate enforcement rules within six months after enactment of this Act. Grants enforcement authority exclusively to: (1) the FTC; (2) the Attorney General of the United States; and (3) state attorneys general. Prescribes guidelines for enforcement of civil actions by state attorneys general, including injunctions, compliance enforcement and civil penalties. Preempts state enforcement action while federal action is pending. Prescribes civil and criminal penalties for violations of this Act. Restricts enforcement of criminal penalties to a criminal action brought by the Attorney General or other officer of the Department of Justice, or any attorney specially appointed by the Attorney General.

To prohibit price gouging in the sale of gasoline, diesel fuel, crude oil, and home heating oil, and for other purposes.

SECTION. 1. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER ENVIRONMENT COOPERATION AGREEMENT; GRANT AUTHORITY. (a) Amendment Authority.--Part 2 of subtitle D of title V of Public Law 103-182 (22 U.S.C. 290m-290m-3) is amended by adding at the end the following: ``SEC. 545. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER ENVIRONMENT COOPERATION AGREEMENT. ``The President may agree to amendments to the Cooperation Agreement that-- ``(1) enable the Bank to make grants and nonmarket rate loans out of its paid-in capital resources with the approval of its Board; and ``(2) amend the definition of `border region' to include the area in the United States that is within 100 kilometers of the international boundary between the United States and Mexico, and the area in Mexico that is within 300 kilometers of the international boundary between the United States and Mexico.''. (b) Grant Authority.--Part 2 of subtitle D of title V of Public Law 103-182 (22 U.S.C. 290m-290m-3), as amended by subsection (a), is amended by adding at the end the following: ``SEC. 546. GRANTS OUT OF PAID-IN CAPITAL RESOURCES. ``(a) In General.--The President shall instruct the United States Federal Government representatives on the Board of Directors of the North American Development Bank to oppose any proposal where grants out of the Bank's paid-in capital resources, except for grants from paid-in capital authorized for the community adjustment and investment program under the Bank's charter of 1993, would-- ``(1) be made to a project that is not being financed, in part, by loans; or ``(2) account for more than 50 percent of the financing of any individual project. ``(b) Exception.-- ``(1) General rule.--The requirements of subsection (a) shall not apply in cases where-- ``(A) the President determines there are exceptional economic circumstances for making the grant and consults with the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives; or ``(B)(i) the grant is being made for a project that is so small that obtaining a loan is impractical; and ``(ii) the grant does not exceed $250,000. ``(2) Limitation.--Not more than an aggregate of $5,000,000 in grants may be made under this subsection.''. (c) Clerical Amendment.--Section 1(b) of such public law is amended in the table of contents by inserting after the item relating to section 544 the following: ``Sec. 545. Authority to agree to certain amendments to the Border Environment Cooperation Agreement. ``Sec. 546. Grants out of paid-in capital resources.''. SEC. 2. ANNUAL REPORT. The Secretary of the Treasury shall submit annually to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate a written report on the North American Development Bank, which addresses the following issues: (1) The number and description of the projects that the North American Development Bank has approved. The description shall include the level of market-rate loans, non-market-rate loans, and grants used in an approved project, and a description of whether an approved project is located within 100 kilometers of the international boundary between the United States and Mexico or within 300 kilometers of the international boundary between the United States and Mexico. (2) The number and description of the approved projects in which money has been dispersed. (3) The number and description of the projects which have been certified by the Border Environment Cooperation Commission, but yet not financed by the North American Development Bank, and the reasons that the projects have not yet been financed. (4) The total of the paid-in capital, callable capital, and retained earnings of the North American Development Bank, and the uses of such amounts. (5) A description of any efforts and discussions between the United States and Mexican governments to expand the type of projects which the North American Development Bank finances beyond environmental projects. (6) A description of any efforts and discussions between the United States and Mexican governments to improve the effectiveness of the North American Development Bank. (7) The number and description of projects authorized under the Water Conservation Investment Fund of the North American Development Bank. SEC. 3. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION FOR TEXAS IRRIGATORS AND AGRICULTURAL PRODUCERS IN THE LOWER RIO GRANDE RIVER VALLEY. (a) Findings.--The Congress finds that-- (1) Texas irrigators and agricultural producers are suffering enormous hardships in the lower Rio Grande River valley because of Mexico's failure to abide by the 1944 Water Treaty entered into by the United States and Mexico; (2) over the last 10 years, Mexico has accumulated a 1,500,000- acre fee water debt to the United States which has resulted in a very minimal and inadequate irrigation water supply in Texas; (3) recent studies by Texas A&M University show that water savings of 30 percent or more can be achieved by improvements in irrigation system infrastructure such as canal lining and metering; (4) on August 20, 2002, the Board of the North American Development Bank agreed to the creation in the Bank of a Water Conservation Investment Fund, as required by Minute 308 to the 1944 Water Treaty, which was an agreement signed by the United States and Mexico on June 28, 2002; and (5) the Water Conservation Investment Fund of the North American Development Bank stated that up to $80,000,000 would be available for grant financing of water conservation projects, which grant funds would be divided equally between the United States and Mexico. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) water conservation projects are eligible for funding from the North American Development Bank under the Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank; and (2) the Board of the North American Development Bank should support qualified water conservation projects which can assist Texas irrigators and agricultural producers in the lower Rio Grande River Valley. SEC. 4. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS WHICH FINANCE WATER CONSERVATION IN THE SOUTHERN CALIFORNIA AREA. It is the sense of the Congress that the Board of the North American Development Bank should support-- (1) the development of qualified water conservation projects in southern California and other eligible areas in the 4 United States border States, including the conjunctive use and storage of surface and ground water, delivery system conservation, the re-regulation of reservoirs, improved irrigation practices, wastewater reclamation, regional water management modeling, operational and optimization studies to improve water conservation, and cross- border water exchanges consistent with treaties; and (2) new water supply research and projects along the Mexico border in southern California and other eligible areas in the 4 United States border States to desalinate ocean seawater and brackish surface and groundwater, and dispose of or manage the brines resulting from desalination. SEC. 5. SENSE OF THE CONGRESS RELATING TO UNITED STATES SUPPORT FOR NADBANK PROJECTS FOR WHICH FINANCE WATER CONSERVATION FOR IRRIGATORS AND AGRICULTURAL PRODUCERS IN THE SOUTHWEST UNITED STATES. (a) Findings.--The Congress finds as follows: (1) Irrigators and agricultural producers are suffering enormous hardships in the southwest United States. The border States of California, Arizona, New Mexico, and Texas are suffering from one of the worst droughts in history. In Arizona, this is the second driest period in recorded history and the worst since 1904. (2) In spite of decades of water conservation in the southwest United States, irrigated agriculture uses more than 60 percent of surface and ground water. (3) The most inadequate water supplies in the United States are in the Southwest, including the lower Colorado River basin and the Great Plains River basins south of the Platte River. In these areas, 70 percent of the water taken from the stream is not returned. (4) The amount of water being pumped out of groundwater sources in many areas is greater than the amount being replenished, thus depleting the groundwater supply. (5) On August 20, 2002, the Board of the North American Development Bank agreed to the creation in the bank of a Water Conservation Investment Fund. (6) The Water Conservation Investment Fund of the North American Development Bank stated that up to $80,000,000 would be available for grant financing of water conservation projects, which grant funds would be divided equally between the United States and Mexico. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) water conservation projects are eligible for funding from the North American Development Bank under the Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank; (2) the Board of the North American Development Bank should support qualified water conservation projects that can assist irrigators and agricultural producers; and (3) the Board of the North American Development Bank should take into consideration the needs of all of the border states before approving funding for water projects, and strive to fund water conservation projects in each of the border states. SEC. 6. SENSE OF THE CONGRESS REGARDING FINANCING OF PROJECTS. (a) In General.--It is the sense of the Congress that the Board of the North American Development Bank should support the financing of projects, on both sides of the international boundary between the United States and Mexico, that address coastal issues and the problem of pollution in both countries having an environmental impact along the Pacific Ocean and Gulf of Mexico shores of the United States and Mexico. (b) Air Pollution.--It is the sense of the Congress that the Board of the North American Development Bank should support the financing of projects, on both sides of the international boundary between the United States and Mexico, which address air pollution. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(Sec. 1) Amends the North American Free Trade Agreement Implementation Act to authorize the President to agree to amendments to the Border Environment Cooperation Agreement (the November 1993 Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank) that: (1) enable the North American Development Bank to make grants and non-market rate loans out of its paid-in capital resources with the approval of its Board of Directors for qualified water conservation projects; and (2) amend the definition of "border region" as it relates to such projects to include specified areas in the United States and Mexico that are within 300 kilometers of the international boundary between the two countries. (Sec. 2) Directs the Secretary of the Treasury to report annually to certain congressional committees on the North American Development Bank, addressing specified issues. Directs the President to instruct the U.S. representative on the Board of Directors of the North American Development Bank to oppose, with exceptions, any proposal where grants out of paid-in capital resources would: (1) be made to a project that is not being financed, in part, by loans; or (2) account for more than 50 percent of any individual project. (Sec. 3) Expresses the sense of Congress that: (1) water conservation projects are eligible for funding from the Bank under the Cooperation Agreement; and (2) the Board of Directors of the Bank should support qualified water conservation projects which can assist Texas irrigators and agricultural producers in the lower Rio Grande River Valley. (Sec. 4) Expresses the sense of Congress that the Bank should support: (1) the development of qualified water conservation projects in southern California and other eligible areas in the four U.S. border States (California, Arizona, New Mexico, and Texas), including the conjunctive use and storage of surface water and groundwater, delivery system conservation, the re-regulation of reservoirs, improved irrigation practices, wastewater reclamation, regional water management modeling, operational and optimization studies to improve water conservation, and cross-border water exchanges consistent with treaties; and (2) new water supply research and projects along the Mexico border in southern California and other eligible areas in the four U.S. border States to desalinate ocean seawater and brackish surface water and groundwater, and dispose of or manage the brines resulting from desalination. (Sec. 5) Expresses the sense of Congress that the Bank Board should: (1) take into consideration the needs of all of the border states before approving funding for water conservation projects; and (2) strive to fund such projects in each of such states. (Sec. 6) Expresses the sense of Congress that the Bank Board should support the financing of projects, on both sides of the international boundary between the United States and Mexico, which address: (1) coastal issues and the problem of pollution in both countries having an environmental impact along their Pacific Ocean and Gulf of Mexico shores; and (2) air pollution.

To authorize the President of the United States to agree to certain amendments to the Agreement between the Government of the United States of America and the Government of the United Mexican States concerning the establishment of a Border Environment Cooperation Commission and a North American Development Bank, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education, Achievement, and Opportunity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Private schools supplement the public school system and are a vital component of our nation's school network. (2) The public school system was created to serve students, not the other way around. Children should have the opportunity to attend the school system that is most conducive to developing their abilities, and parents have the right to choose the public or private school that best meets their child's individual needs. (3) In 1999, 4,599,000 students were enrolled in private school in grades kindergarten through 8th grade, while 1,399,000 students were enrolled in private school in grades 9 through 12, for a combined total of 5,939,000 children enrolled in private school. (4) In 1999, 33,437,000 students were enrolled in public school in grades kindergarten through 8th grade, while 13,375,000 students were enrolled in public school in grades 9 through 12, for a combined total of 52,750,000 children enrolled in public school. (5) When polled by the Department of Education in 1999, 78 percent of parents with children enrolled in private schools, but just 48 percent of parents with children enrolled in public schools, were very satisfied with the school's discipline provisions, academic standards, and quality and performance of teachers. (6) In the 1993-94 school year, the average class size in public schools was at least twice the average class size in private schools. Larger classes can result in more disruption by misbehaving students. Thus, class size has a direct effect on the quality of the educational experience of students, teachers, and other staff, as well as parents' satisfaction with their child's school. SEC. 3. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 34 the following new section: ``SEC. 36. ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(2) Amount per child.--The amount of credit allowable under paragraph (1) for any taxable year with respect to the qualified education expenses of each qualifying child of the taxpayer shall not exceed-- ``(A) $2,500 for a child enrolled in an elementary school for any portion of the taxable year, and ``(B) $3,500 for a child enrolled in a secondary school for any portion of the taxable year. In any taxable year in which a child meets the requirements of both subparagraphs (A) and (B), the amount of credit allowable shall not exceed the sum of the amounts in such subparagraphs. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Marital status.--Marital status shall be determined under section 7703. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning provided by section 24(c). ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, ``(ii) computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution, ``(iii) academic tutoring (by a person other than the taxpayer), ``(iv) special needs services for qualifying children with disabilities (within the meaning of the Americans With Disabilities Act of 1990), ``(v) fees for transportation services to and from a private school, if the transportation is provided by the school and the school charges a fee for the transportation, and ``(vi) academic testing services. ``(B) Amounts excluded.--The term does not include special school fees for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. ``(3) Qualified educational institution.--The term `qualified educational institution' means-- ``(A) an elementary or secondary school (as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), or ``(B) any private, parochial, or religious school organized for the purpose of providing elementary or secondary education, or both. ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2)(B) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(4)) of such individual for such taxable year.'' (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or'' after ``1978,'' and by inserting before the period ``, or enacted by the Education, Achievement, and Opportunity Act''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 36. Elementary and secondary education expenses. ``Sec. 37. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Education, Achievement, and Opportunity Act - Amends the Internal Revenue Code to establish a limited, income adjusted, elementary and secondary school expenses credit (up to $2,500 for elementary school expenses and $3,500 for secondary school expenses) for each qualifying child attending either a public or private school.

To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business International Trade Enhancements Act of 2009''. SEC. 2. SMALL BUSINESS ADMINISTRATION ASSOCIATE ADMINISTRATOR FOR INTERNATIONAL TRADE. (a) Establishment.--Section 22 of the Small Business Act (15 U.S.C. 649) is amended-- (1) by striking ``Sec. 22. (a) There'' and inserting the following: ``SEC. 22. OFFICE OF INTERNATIONAL TRADE. ``(a) Establishment.-- ``(1) Office.--There''; and (2) in subsection (a), by adding at the end the following: ``(2) Associate administrator.--The head of the Office shall be the Associate Administrator for International Trade, who shall be responsible to the Administrator.''. (b) Authority for Additional Associate Administrator.--Section 4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended-- (1) in the fifth sentence, by striking ``five Associate Administrators'' and inserting ``Associate Administrators''; and (2) by adding at the end the following: ``One such Associate Administrator shall be the Associate Administrator for International Trade, who shall be the head of the Office of International Trade established under section 22.''. (c) Discharge of International Trade Responsibilities of Administration.--Section 22 of the Small Business Act (15 U.S.C. 649) is amended by adding at the end the following: ``(h) Discharge of International Trade Responsibilities of Administration.--The Administrator shall ensure that-- ``(1) the responsibilities of the Administration regarding international trade are carried out by the Associate Administrator; ``(2) the Associate Administrator has sufficient resources to carry out such responsibilities; and ``(3) the Associate Administrator has direct supervision and control over-- ``(A) the staff of the Office; and ``(B) any employee of the Administration whose principal duty station is an Export Assistance Center, or any successor entity.''. (d) Role of Associate Administrator in Carrying Out International Trade Policy.--Section 2(b)(1) of the Small Business Act (15 U.S.C. 631(b)(1)) is amended in the matter preceding subparagraph (A)-- (1) by inserting ``the Administrator of'' before ``the Small Business Administration''; and (2) by inserting ``through the Associate Administrator for International Trade, and'' before ``in cooperation with''. (e) Implementation Date.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall appoint an Associate Administrator for International Trade under section 22(a) of the Small Business Act (15 U.S.C. 649(a)), as added by this section. SEC. 3. OFFICE OF INTERNATIONAL TRADE. (a) Amendments to Section 22.--Section 22 of the Small Business Act (15 U.S.C. 649) is amended-- (1) in subsection (b)-- (A) by striking ``(b) The Office'' and inserting the following: ``(b) Trade Distribution Network.--The Associate Administrator''; (B) in the matter preceding paragraph (1), by inserting ``Export Assistance Centers,'' after ``export promotion efforts,''; and (C) by amending paragraph (1) to read as follows: ``(1) assist in maintaining a distribution network, using regional and local offices of the Administration, the small business development center network, networks of women's business centers, and Export Assistance Centers for programs relating to-- ``(A) trade promotion; ``(B) trade finance; ``(C) trade adjustment assistance; ``(D) trade remedy assistance; and ``(E) trade data collection;''; (2) in subsection (c)-- (A) by striking ``(c) The Office'' and inserting the following: ``(c) Promotion of Sales Opportunities.--The Associate Administrator''; (B) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively; (C) by inserting before paragraph (2), as so redesignated, the following: ``(1) establish annual goals for the Office relating to-- ``(A) enhancing the exporting capability of small business concerns and small manufacturers; ``(B) facilitating technology transfers; ``(C) enhancing programs and services to assist small business concerns and small manufacturers to compete effectively and efficiently against foreign entities; ``(D) increasing the ability of small business concerns to access capital; ``(E) disseminating information concerning Federal, State, and private programs and initiatives; and ``(F) ensuring that the interests of small business concerns are adequately represented in trade negotiations;''; (D) in paragraph (2), as so redesignated, by striking ``mechanism for'' and all that follows through ``(D) assisting'' and inserting the following: ``mechanism for-- ``(A) identifying subsectors of the small business community with strong export potential; ``(B) identifying areas of demand in foreign markets; ``(C) prescreening foreign buyers for commercial and credit purposes; and ``(D) assisting''; (E) in paragraph (5)(A), as so redesignated, by striking ``Gross State Produce'' and inserting ``Gross State Product''; (F) in paragraph (6), as so redesignated, by striking the period at the end and inserting a semicolon; and (G) in paragraph (9), as so redesignated-- (i) in the matter preceding subparagraph (A)-- (I) by striking ``full-time export development specialists to each Administration regional office and assigning''; and (II) by striking ``office. Such specialists'' and inserting ``office and providing each Administration regional office with a full-time export development specialist, who''; (ii) in subparagraph (D), by striking ``and'' at the end; (iii) in subparagraph (E), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: ``(F) participate, jointly with employees of the Office, in an annual training program that focuses on current small business needs for exporting; and ``(G) develop and conduct training programs for exporters and lenders, in cooperation with the Export Assistance Centers, the Department of Commerce, small business development centers, and other relevant Federal agencies.''; (3) in subsection (d)-- (A) by redesignating paragraphs (1) through (5) as clauses (i) through (v), respectively, and adjusting the margins accordingly; (B) by striking ``(d) The Office'' and inserting the following: ``(d) Export Financing Programs.-- ``(1) In general.--The Associate Administrator''; and (C) by striking ``To accomplish this goal, the Office shall work'' and inserting the following: ``(2) Trade finance specialist.--To accomplish the goal established under paragraph (1), the Associate Administrator shall-- ``(A) designate at least 1 individual within the Administration as a trade finance specialist to oversee international loan programs and assist Administration employees with trade finance issues; and ``(B) work''; (4) in subsection (e), by striking ``(e) The Office'' and inserting the following: ``(e) Trade Remedies.--The Associate Administrator''; (5) by amending subsection (f) to read as follows: ``(f) Reporting Requirement.--The Associate Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that contains-- ``(1) a description of the progress of the Office in implementing the requirements of this section; ``(2) for any travel by the staff of the Office, the destination of such travel and the benefits to the Administration and to small business concerns resulting from such travel; and ``(3) a description of the participation by the Office in trade negotiations.''; (6) in subsection (g), by striking (g) The Office and inserting the following: ``(g) Studies.--The Associate Administrator''; and (7) by adding after subsection (h), as addded by section 2 of this Act, the following: ``(i) Export Assistance Centers.-- ``(1) In general.--During the period beginning on October 1, 2009, and ending on September 30, 2012, the Administrator shall ensure that the number of full-time equivalent employees of the Office assigned to the Export Assistance Centers is not less than the number of such employees so assigned on January 1, 2003. ``(2) Priority of placement.--The Administrator shall give priority, to the maximum extent practicable, to placing employees of the Administration at any Export Assistance Center that-- ``(A) had an Administration employee assigned to the Export Assistance Center before January 2003; and ``(B) has not had an Administration employee assigned to the Export Assistance Center during the period beginning January 2003, and ending on the date of enactment of this subsection, either through retirement or reassignment. ``(3) Needs of exporters.--The Administrator shall, to the maximum extent practicable, strategically assign Administration employees to Export Assistance Centers, based on the needs of exporters. ``(4) Goals.--The Associate Administrator shall work with the Department of Commerce and the Export-Import Bank to establish shared annual goals for the Export Assistance Centers. ``(5) Oversight.--The Associate Administrator shall designate an individual within the Administration to oversee all activities conducted by Administration employees assigned to Export Assistance Centers. ``(j) Definitions.--In this section-- ``(1) the term `Associate Administrator' means the Associate Administrator for International Trade described in subsection (a)(2); ``(2) the term `Export Assistance Center' means a one-stop shop for United States exporters established by the United States and Foreign Commercial Service of the Department of Commerce pursuant to section 2301(b)(8) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8)); and ``(3) the term `Office' means the Office of International Trade established under subsection (a)(1).''. (b) Report.--Not later than 60 days after the date of enactment of this Act, the Administrator shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on any travel by the staff of the Office of International Trade of the Administration, including the destination of such travel and the benefits to the Administration and to small business concerns resulting from such travel. SEC. 4. INTERNATIONAL TRADE LOANS. (a) In General.--Section 7(a)(3)(B) of the Small Business Act (15 U.S.C. 636(a)(3)(B)) is amended by striking ``$1,750,000, of which not more than $1,250,000'' and inserting ``$2,750,000 (or if the gross loan amount would exceed $3,670,000), of which not more than $2,000,000''. (b) Working Capital.--Section 7(a)(16)(A) of the Small Business Act (15 U.S.C. 636(a)(16)(A)) is amended-- (1) in the matter preceding clause (i), by striking ``in-- '' and inserting ``--''; (2) in clause (i)-- (A) by inserting ``in'' after ``(i)''; and (B) by striking ``or'' at the end; (3) in clause (ii)-- (A) by inserting ``in'' after ``(ii)''; and (B) by striking the period at the end and inserting ``, including any debt that qualifies for refinancing under any other provision of this subsection; or''; and (4) by adding at the end the following: ``(iii) by providing working capital.''. (c) Collateral.--Section 7(a)(16)(B) of the Small Business Act (15 U.S.C. 636(a)(16)(B)) is amended-- (1) by striking ``Each loan'' and inserting the following: ``(i) In general.--Except as provided in clause (ii), each loan''; and (2) by adding at the end the following: ``(ii) Exception.--A loan under this paragraph may be secured by a second lien position on the property or equipment financed by the loan or on other assets of the small business concern, if the Administrator determines the lien provides adequate assurance of the payment of the loan.''. SEC. 5. SENSE OF CONGRESS RELATING TO ASSISTANT UNITED STATES TRADE REPRESENTATIVE FOR SMALL BUSINESS. (a) Findings.--Congress finds the following: (1) According to the Office of Advocacy of the Small Business Administration, small business concerns (as that term is defined in section 3 of the Small Business Act (15 U.S.C. 632)) represent 97 percent of all exporters in the United States and account for 29 percent of the total exporting volume. Despite the overwhelming majority of exporters that are small business concerns, fewer than 1 percent of all small business concerns in the United States are engaged in trade- related business activities. (2) According to the Office of Advocacy of the Small Business Administration, more than 72 percent of all exporters in the United States employ fewer than 20 employees. Small business concerns often do not have the sales volume or resources to overcome the costs of trade barriers and overhead expenses in international transactions, nor can small business concerns afford to maintain employees with international trade expertise to resolve trade problems. (3) Small business advocacy groups often lack political influence in foreign countries, which hinders efforts to solve problems outside the legal process. Small business advocates are not as visible or vocal on issues relating to international trade as are the advocates for other issues, due to a lack of resources for advocacy. (4) In 1988, Congress passed section 8012 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 631 note), which expressed the sense of Congress that the United States Trade Representative should appoint a special trade assistant for small business. As of June 2009, the position has not been established by the United States Trade Representative. (b) Sense of Congress.--It is the sense of Congress that the United States Trade Representative should establish the position of Assistant United States Trade Representative for Small Business, to-- (1) promote the trade interests of small business concerns; (2) identify and address foreign trade barriers that impede the exportation of goods by small business concerns; (3) ensure that small business concerns are adequately represented during trade negotiations by the United States Trade Representative; and (4) coordinate with other Federal agencies that are responsible for providing information or assistance to small business concerns.

Small Business International Trade Enhancements Act of 2009 - Amends the Small Business Act to establish an Associate Administrator for International Trade as the head of the Office of International Trade of the Small Business Administration (SBA), who shall be responsible for international trade policy. Grants the SBA Administrator the authority to appoint additional Associate Administrators. Requires Export Assistance Centers (one-stop shops for U.S. exporters) to aid the Associate Administrator in maintaining a trade distribution network for trade promotion and trade assistance for small businesses. Requires the Associate Administrator to establish annual goals to enhance the export capabilities of small businesses and small manufacturers to compete against foreign entities. Directs the Associate Administrator, in order to provide small businesses access to certain export financing programs, to appoint at least one trade financial specialist within the SBA to oversee international loan programs and assist SBA employees with trade finance issues. Directs the SBA Administrator to ensure that the number of full -time equivalent Office employees assigned to the Export Assistance Centers for U.S. exporters is at least the number that were assigned on January 1, 2003. Increases: (1) the total outstanding amount of an international trade loan guaranteed by the SBA under the Export Working Capital Program; (2) the maximum amount of an international trade loan; and (3) the maximum amount available for export working capital, supplies, or financing. Allows such loan to be secured by a second lien position on the property or equipment financed by the loan or on other assets of the small business concern. (Currently, a first lien position or first mortgage on the property, equipment, or other business assets is required.) Expresses the sense of Congress that the United States Trade Representative (USTR) should establish the position of Assistant USTR for Small Business to promote the trade interests of small businesses.

A bill to amend the Small Business Act to improve the Office of International Trade, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Bay Restoration Act''. SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 123. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Annual priority list.--The term `annual priority list' means the annual priority list compiled under subsection (b). ``(2) Comprehensive plan.--The term `comprehensive plan' means-- ``(A) the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and ``(B) any amendments to that plan. ``(3) Estuary partnership.--The term `Estuary Partnership' means the San Francisco Estuary Partnership, the entity that is designated as the management conference under section 320. ``(b) Annual Priority List.-- ``(1) In general.--After providing public notice, the Administrator shall annually compile a priority list identifying and prioritizing the activities, projects, and studies intended to be funded with the amounts made available under subsection (c). ``(2) Inclusions.--The annual priority list compiled under paragraph (1) shall include-- ``(A) activities, projects, or studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the approved comprehensive plan; ``(B) information on the activities, projects, programs, or studies specified under subparagraph (A), including a description of-- ``(i) the identities of the financial assistance recipients; and ``(ii) the communities to be served; and ``(C) the criteria and methods established by the Administrator for selection of activities, projects, and studies. ``(3) Consultation.--In developing the priority list under paragraph (1), the Administrator shall consult with and consider the recommendations of-- ``(A) the Estuary Partnership; ``(B) the State of California and affected local governments in the San Francisco Bay estuary watershed; and ``(C) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Administrator determines to be appropriate. ``(c) Grant Program.-- ``(1) In general.--Pursuant to section 320, the Administrator may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for activities, studies, or projects identified on the annual priority list. ``(2) Maximum amount of grants; non-federal share.-- ``(A) Maximum amount of grants.--Amounts provided to any individual or entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any eligible activities that are to be carried out using those amounts. ``(B) Non-federal share.--The non-Federal share of the total cost of any eligible activities that are carried out using amounts provided under this section shall be-- ``(i) not less than 25 percent; and ``(ii) provided from non-Federal sources. ``(d) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2015 through 2019. ``(2) Administrative expenses.--Of the amount made available to carry out this section for a fiscal year, the Administrator shall use not more than 5 percent to pay administrative expenses incurred in carrying out this section. ``(3) Relationship to other funding.--Nothing in this section limits the eligibility of the Estuary Partnership to receive funding under section 320(g). ``(4) Prohibition.--No amounts made available under subsection (c) may be used for the administration of a management conference under section 320.''.

San Francisco Bay Restoration Act This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to authorize the Environmental Protection Agency to provide funding for prioritized activities, studies, or projects that advance the goals and objectives of the comprehensive management plan for the San Francisco estuary. Funding may be provided through cooperative agreements, grants, or other means. Funding may not be used for the administration of a management conference for the San Francisco estuary under the National Estuary Program. Funding amounts provided under this Act may not exceed 75% of the total cost of eligible activities to be carried out using those amounts. This bill authorizes appropriations for the funding program through FY2019.

San Francisco Bay Restoration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescribe A Book Act''. SEC. 2. PEDIATRIC INVOLVEMENT IN READING AND EDUCATION. Part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the following: ``Subpart 22--Pediatric Early Literacy Programs ``SEC. 5621. DEFINITIONS. ``In this subpart: ``(1) Eligible entity.--The term `eligible entity' means a nonprofit organization that has, as determined by the Secretary, demonstrated effectiveness in the following areas: ``(A) Providing peer-to-peer training to healthcare providers in research-based methods of literacy promotion as part of routine pediatric health supervision visits. ``(B) Delivering a training curriculum through a variety of medical education settings, including residency training, continuing medical education, and national pediatric conferences. ``(C) Providing technical assistance to local healthcare facilities to effectively implement a high- quality Pediatric Early Literacy Program. ``(D) Offering opportunities for local healthcare facilities to obtain books at significant discounts, as described in section 5626. ``(E) Integrating the latest developmental and educational research into the training curriculum for healthcare providers described in subparagraph (B). ``(2) Pediatric early literacy program.--The term `Pediatric Early Literacy Program' means a program that-- ``(A) creates and implements a 3-part model through which-- ``(i) healthcare providers, doctors, and nurses, trained in research-based methods of early language and literacy promotion, encourage parents to read aloud to their young children, and offer developmentally appropriate recommendations and strategies to parents for the purpose of reading aloud to their children; ``(ii) healthcare providers, at health supervision visits, provide each child between the ages of 6 months and 5 years a new, developmentally appropriate children's book to take home and keep; and ``(iii) volunteers in waiting areas of healthcare facilities read aloud to children, modeling for parents the techniques and pleasures of sharing books together; ``(B) demonstrates, through research published in peer-reviewed journals, effectiveness in positively altering parent behavior regarding reading aloud to children, and improving expressive and receptive language in young children; and ``(C) receives the endorsement of nationally recognized medical associations and academies. ``SEC. 5622. PROGRAM AUTHORIZED. ``The Secretary is authorized to award grants to eligible entities to enable the eligible entities to implement Pediatric Early Literacy Programs. ``SEC. 5623. APPLICATIONS. ``An eligible entity that desires to receive a grant under section 5622 shall submit an application to the Secretary at such time, in such manner, and including such information as the Secretary may reasonably require. ``SEC. 5624. MATCHING REQUIREMENT. ``An eligible entity receiving a grant under section 5622 shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the grant received by the eligible entity under section 5622. Such matching funds may be in cash or in-kind. ``SEC. 5625. USE OF GRANT FUNDS. ``(a) In General.--An eligible entity receiving a grant under section 5622 shall-- ``(1) enter into contracts with private nonprofit organizations, or with public agencies, selected based on the criteria described in subsection (b), under which each contractor will agree to establish and operate a Pediatric Early Literacy Program; ``(2) provide such training and technical assistance to each contractor of the eligible entity as may be necessary to carry out this subpart; and ``(3) include such other terms and conditions in an agreement with a contractor as the Secretary determines to be appropriate to ensure the effectiveness of such programs. ``(b) Contractor Criteria.--Each contractor shall be selected under subsection (a)(1) on the basis of the extent to which the contractor gives priority to serving a substantial number or percentage of at-risk children, including-- ``(1) children from families with an income below 200 percent of the poverty line applicable to a family of the size involved, particularly such children in high-poverty areas; ``(2) children without adequate medical insurance; ``(3) children enrolled in a State Medicaid program, established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or in the State Children's Health Insurance Program established under title XXI of such Act (42 U.S.C. 1397aa et seq.); ``(4) children living in rural areas; ``(5) migrant children; and ``(6) children with limited access to libraries. ``SEC. 5626. RESTRICTION ON PAYMENTS. ``The Secretary shall make no payment to an eligible entity under this subpart unless the Secretary determines that the eligible entity or a contractor of the eligible entity, as the case may be, has made arrangements with book publishers or distributors to obtain books at discounts that are at least as favorable as discounts that are customarily given by such publisher or distributor for book purchases made under similar circumstances in the absence of Federal assistance. ``SEC. 5627. REPORTING REQUIREMENT. ``An eligible entity receiving a grant under section 5622 shall report annually to the Secretary on the effectiveness of the program implemented by the eligible entity and the programs instituted by each contractor of the eligible entity, and shall include in the report a description of each program.''. SEC. 3. CONFORMING AMENDMENT. The table of contents in section 2 of the Elementary and Secondary Education Act is amended by inserting after the item relating to section 5618 the following: ``subpart 22--pediatric early literacy programs ``Sec. 5621. Definitions. ``Sec. 5622. Program authorized. ``Sec. 5623. Applications. ``Sec. 5624. Matching requirement. ``Sec. 5625. Use of grant funds. ``Sec. 5626. Restriction on payments. ``Sec. 5627. Reporting requirement.''.

Prescribe A Book Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award matching grants to nonprofit organizations for the implementation of Pediatric Early Literacy Programs, through which: (1) health care providers encourage parents to read aloud to their children and offer parents developmentally appropriate recommendations and strategies for doing so; (2) health care providers give each visiting child between the ages of six months and five years a new, developmentally appropriate children's book to take home and keep; and (3) volunteers in health care facility waiting areas read to children and show parents the techniques and pleasures of sharing books. Requires that the books provided to children under the programs be obtained at a discount.

Prescribe A Book Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Historic Tax Credit Improvement Act of 2015''. SEC. 2. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALL PROJECTS. (a) In General.--Section 47 of the Internal Revenue Code of 1986 (relating to rehabilitation credit) is amended by adding at the end the following new subsection: ``(e) Special Rule Regarding Certain Smaller Projects.-- ``(1) In general.--In the case of any qualified rehabilitated building or portion thereof-- ``(A) which is placed in service after the date of the enactment of this subsection, and ``(B) which is a smaller project, subsection (a)(2) shall be applied by substituting `30 percent' for `20 percent'. ``(2) Maximum credit.--The credit determined under this subsection with respect to any smaller project for all taxable years shall not exceed $750,000. ``(3) Smaller project defined.-- ``(A) In general.--For purposes of this subsection, the term `smaller project' means any qualified rehabilitated building or portion thereof if-- ``(i) the qualified rehabilitation expenditures taken into account for purposes of this section (or would have been so taken into account if this subsection had been in effect for all prior periods) with respect to the rehabilitation are not over $3,750,000, and ``(ii) no credit was allowed under this section for either of the 2 prior taxable years with respect to such building. ``(B) Progress expenditures.--Credit allowable by reason of subsection (d) shall not be taken into account under subparagraph (A)(ii).''. (b) Effective Date.--The amendment made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 3. ALLOWANCE FOR THE TRANSFER OF CREDITS FOR CERTAIN SMALL PROJECTS. (a) In General.--Section 47(e) of the Internal Revenue Code of 1986, as amended by section 2, is amended by adding at the end the following new subsection: ``(4) Transfer of smaller project credit.-- ``(A) In general.--Subject to subparagraph (B) and such regulations or other guidance as the Secretary may provide, the taxpayer may transfer all or a portion of the credit allowable to the taxpayer under subsection (a) for a smaller project. ``(B) Certification.-- ``(i) In general.--A transfer under subparagraph (A) shall be accompanied by a certificate which includes-- ``(I) the certification for the certified historic structure referred to in subsection (c)(3), ``(II) the taxpayer's name, address, tax identification number, date of project completion, and the amount of credit being transferred, ``(III) the transferee's name, address, tax identification number, and the amount of credit being transferred, and ``(IV) such other information as may be required by the Secretary. ``(ii) Transferability of certificate.--A certificate issued under this section to a taxpayer shall be transferable to any other taxpayer, except that a certificate may not be transferred more than once. ``(C) Tax treatment relating to certificate.-- ``(i) Disallowance of deduction.--No deduction shall be allowed for the amount of consideration paid or incurred by the transferee. ``(ii) Allowance of credit.--The amount of credit transferred under subparagraph (A)-- ``(I) shall not be allowed to the transferor for any taxable year, and ``(II) shall be allowable to the transferee as a credit under this section for the taxable year of the transferee in which such credit is transferred. ``(D) Recapture and other special rules.--The taxpayer who claims a credit under this section by reason of a transfer of an amount of credit under subparagraph (A) with respect to a smaller project shall be treated as the taxpayer with respect to the smaller project for purposes of section 50. ``(E) Information reporting.--The transferor and the transferee shall each make such reports regarding the transfer of an amount of credit under paragraph (A) and containing such information as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner as may be required by the Secretary. ``(F) Regulations.--The Secretary shall prescribe regulations or other guidance to carry out this paragraph.''. (b) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act. SEC. 4. INCREASING THE TYPE OF BUILDINGS ELIGIBLE FOR REHABILITATION. (a) In General.--Section 47(c)(1)(C)(i)(I) of the Internal Revenue Code of 1986 is amended by inserting ``50 percent of'' before ``the adjusted basis''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. REDUCTION OF BASIS ADJUSTMENT FOR REHABILITATION PROPERTY. (a) In General.--Section 50(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(6) Special rule relating to the rehabilitation credit.-- In the case of any rehabilitation credit-- ``(A) only 50 percent of such credit shall be taken into account under paragraph (1), and ``(B) only 50 percent of any recapture amount attributable to such credit shall be taken into account under paragraph (2).''. (b) Coordination With Basis Adjustment.--Section 50 of such Code is amended by adding at the end the following: ``(e) Coordination With Basis Adjustment.--In applying the provisions of former section 48(d)(5)(B) pursuant to subsection (d)(5) to a lease of property eligible for the rehabilitation tax credit, the lessee of such property shall include ratably in gross income over the shortest recovery period that could be applicable under section 168 with respect to such property an amount equal to 50 percent of the amount of the credit allowable under section 38 to the lessee with respect to such property.''. SEC. 6. SPECIAL RULES FOR DISPOSITIONS OF STATE HISTORIC TAX CREDITS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139E the following new section: ``SEC. 139F. DISPOSITIONS OF STATE HISTORIC TAX CREDITS. ``(a) Exclusion From Income; Basis Reduction.-- ``(1) In general.--In the case of a taxpayer who receives a State historic tax credit and transfers such credit by sale, allocation, or otherwise, or receives a refund of all or a portion of such credit-- ``(A) no portion of the net proceeds of such allocation, disposition, or refund of such credit shall constitute income to such taxpayer under section 61(a), and ``(B) the taxpayer's basis in the property with respect to which the State historic tax credit is allowed shall be reduced as determined under paragraph (2). ``(2) Determination of reduction in basis.--The reduction in basis under paragraph (1) shall be applied-- ``(A) first, against the basis in the land, ``(B) second, against so much of the basis of any building or interest therein as was not treated as a qualified rehabilitation expenditure by reason of clause (ii) or (iii) of section 47(c)(2)(B), and ``(C) third, against the remaining basis in the property. ``(D) Adjustment in basis of interest in partnership or s corporation.--The adjusted basis of-- ``(i) a partner's interest in a partnership, or ``(ii) stock in an S corporation (as defined in section 1361(a)(1)), shall be appropriately adjusted to take into account adjustments made under this subsection in the basis of property held by the partnership or S corporation (if any). ``(b) Election To Include in Income.-- ``(1) In general.--In the case of a taxpayer who elects to have this subsection apply-- ``(A) the net proceeds of the allocation, disposition, or refund described in subsection (a) received by such taxpayer shall constitute income to such taxpayer under section 61(a), and ``(B) subsection (a)(1)(B) shall not apply. ``(2) Making of election.--An election under this subsection shall be made at such time and in such manner as the Secretary may by regulation prescribe. Such election shall apply for the taxable year for which it is made and for all subsequent taxable years and may be revoked only with the consent of the Secretary of the Treasury. ``(c) Effect on Qualified Rehabilitation Expenditures and Rehabilitation Credits.--For purposes of determining the rehabilitation credit allowable to a taxpayer under section 47, the transfer or allocation of State historic tax credits with respect to any property by a taxpayer shall not affect or reduce the amount of qualified rehabilitation expenditures (as defined in section 47(c)(2)) incurred in connection with such property, nor shall such transfer or disposition, nor any basis adjustments under subsection (a), be treated as an early disposition of investment credit property for purposes of the recapture provisions of section 50, notwithstanding any reduction in basis pursuant to paragraph (a)(2)(C). ``(d) State Historic Tax Credits Defined.--For purposes of this section, the term `State historic tax credit' means any credit against State or local tax liabilities which-- ``(1) is allowable under the laws of any State or political subdivision thereof to a taxpayer with respect to expenditures made for the rehabilitation of property identified by such laws, and ``(2) can be allocated, disposed, or refunded under such laws.''. (b) Clerical Amendment.--The table of sections for such part III is amended by inserting after the item relating to section 139E the following new item: ``Sec. 139F. Dispositions of State historic tax credits.''. (c) Effective Date.--This section shall apply to transfers or dispositions made, or refunds received, after the date of the enactment of this Act. SEC. 7. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY. (a) In General.--Section 47(c)(2)(B)(v)(I) of the Internal Revenue Code of 1986 (relating to tax-exempt use property) is amended by inserting ``and subclauses (I), (II), and (III) of section 168(h)(1)(B)(ii) shall not apply'' after ``thereof''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 8. ELIMINATING FUNCTIONALLY RELATED PROPERTIES. (a) In General.--Section 47 of the Internal Revenue Code of 1986 (relating to rehabilitation credit), as amended by sections 2 and 3, is amended by adding at the end the following new subsection: ``(g) Related Buildings.--Buildings that are functionally related ( as defined in Part 67.6(b)(4) of title 36, Code of Federal Regulations) shall be treated as separate certified historic structures for purposes of the credit allowed under this section.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to any application to the National Park Service received after the date of the enactment of this Act.

Historic Tax Credit Improvement Act of 2015 This bill amends the Internal Revenue Code, with respect to the tax credit for the rehabilitation of buildings and historic structures, to: (1) allow an increased 30% credit, up to $750,000, for projects with rehabilitation expenditures not exceeding $3.75 million, for which no credit was allowed in either of the 2 prior taxable years (smaller projects); (2) allow the transfer of tax credit amounts for smaller projects; (3) treat a building as substantially rehabilitated if rehabilitation expenditures exceed the greater of 50% of the adjusted basis of the building or $5,000 (currently, the greater of the adjusted basis of the building or $5,000); (4) exempt from tax the proceeds of a state historic tax; and (5) set forth special rules for the tax treatment of tax-exempt use property and functionally-related historic structures.

Historic Tax Credit Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Lunch Protection Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) in recent years, there has been an alarming number of instances of price-fixing and bid-rigging regarding foods purchased for-- (A) the school lunch program established under the National School Lunch Act (42 U.S.C. 1751 et seq.); and (B) the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); (2) during the past several years, the Antitrust Division of the Department of Justice has filed over 95 criminal cases against persons accused of bid-rigging conspiracies, false statements, mail fraud, price-fixing, and similar activities involving dairy products sold to schools or the Department of Defense; (3) over 30 grand juries in States are investigating similar activities, especially in connection with activities involving the dairy industry; (4) 45 corporations and 48 individuals have been convicted by Federal courts of similar activities, and total fines and civil damages of approximately $100,000,000 have been assessed in Federal and State actions for similar activities; (5) a report of the Comptroller General of the United States noted that, as of March 1992, the Secretary of Agriculture had neither suspended nor debarred any of the 13 dairy companies or 28 individuals convicted, as of March 1992, of milk contract bid-rigging from participating in the school lunch and breakfast programs; (6) effective educational and monitoring programs can greatly reduce the incidence of price-fixing and bid-rigging by companies that sell products to schools; (7) reducing the incidence of price-fixing and bid-rigging in connection with the school lunch and breakfast programs could save school districts, parents, and taxpayers millions of dollars per year; (8) the Comptroller General of the United States has noted that bid-rigging awareness training is an effective means of deterring improper collusion and bid-rigging; and (9) the Comptroller General of the United States in a General Accounting Office report addressed many of the concerns described in this section with respect to bid rigging in the school lunch program. SEC. 3. DUTIES OF THE SECRETARY RELATING TO ANTICOMPETITIVE ACTIVITIES. The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by adding at the end the following new section: ``SEC. 25. DUTIES OF THE SECRETARY RELATING TO ANTICOMPETITIVE ACTIVITIES. ``(a) In General.--The Secretary shall-- ``(1) provide advice, training, technical assistance, and guidance to representatives of States, contracting entities, school food service authorities, and other appropriate entities (as determined by the Secretary) regarding means of identifying and preventing anticompetitive activities relating to the acquisition of commodities for-- ``(A) the school lunch program established under this Act; ``(B) the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); ``(C) the special milk program established under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772); and ``(D) the summer food service program for children established under section 13 of this Act; ``(2) provide information to, and fully cooperate with, the Attorney General and State attorneys general regarding investigations of anticompetitive activities relating to the acquisition of commodities for the programs referred to in paragraph (1); ``(3) provide awareness training, training films, technical advice, troubleshooting advice, and other guidance related to avoiding or detecting bid-rigging, price-fixing, or other anticompetitive activities concerning the acquisition of commodities for the programs; and ``(4) debar or suspend a person under section 12A, applicable regulations issued by the Secretary (such as part 3017 of chapter XXX of subtitle B of title 7, Code of Federal Regulations), and other applicable Federal laws (including regulations). ``(b) Food Service Management Institute.--The Secretary may request assistance from the food service management institute authorized under section 21 in carrying out this section. The Secretary may contract with the institute to carry out all or part of the duties described in paragraphs (1) and (3) of subsection (a). ``(c) Termination.--The authority provided by this section shall terminate on September 30, 1999.''. SEC. 4. NONPROCUREMENT DEBARMENT. (a) In General.--The National School Lunch Act is further amended by inserting after section 12 (42 U.S.C. 1760) the following new section: ``SEC. 12A. NONPROCUREMENT DEBARMENT. ``(a) In General.--Except as provided in subsections (b) and (c), the Secretary shall debar a person, and each principal and affiliate of the person, for at least 1 year from supplying, providing, or selling a product or commodity to a school, school district, school food service authority, or school district consortium participating in the school lunch program established under this Act, the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the special milk program established under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772), or the summer food service program for children established under section 13 of this Act if the person, or a principal or affiliate of the person, is convicted, in connection with supplying, providing, or selling a product or commodity to any school, school district, school food service authority, or school district consortium participating in any of the programs, or to any Federal agency, of-- ``(1) an anticompetitive activity, including bid-rigging, price-fixing, the allocation of customers between competitors, or other violation of Federal or State law related to protecting competition; ``(2) mail fraud, bribery, theft, or embezzlement; ``(3) making a false statement or claim; ``(4) making a false declaration before a grand jury; or ``(5) other obstruction of justice. ``(b) Subsequent Convictions.--Except as provided in subsection (c), if a person, or a principal or affiliate of the person, is convicted of an activity described in subsection (a) after having been previously debarred under this section, the person, and each principal and affiliate of the person, shall be debarred for at least 3 years from supplying, providing, or selling a product or commodity to any school, school district, school food service authority, or school district consortium participating in a program described in subsection (a) or to any Federal agency. ``(c) Waivers.--The Secretary may waive a debarment imposed under subsection (a) or (b) if the Secretary determines that debarment would-- ``(1) likely have a significant adverse effect on competition or prices in the relevant market or nationally; ``(2) seriously interfere with the ability of a school, school district, school food service authority, or school district consortium to procure a needed product or commodity for a program described in subsection (a); ``(3) be unfair to a person, subsidiary corporation, affiliate, parent company, or local division of a corporation that is not involved in the improper activity that would otherwise result in the debarment; or ``(4) not be in the public interest. ``(d) Relationship to Other Authority.--A debarment imposed under this section shall not reduce or diminish the authority of a Federal, State, or local government agency or court to-- ``(1) penalize, fine, suspend, debar, or otherwise punish, in a civil or criminal action, a person or a principal or affiliate of the person; or ``(2) imprison, debar, suspend, fine, or otherwise punish a person or a principal or affiliate of the person. ``(e) Regulations.--The Secretary shall issue such regulations as are necessary to carry out this section.''. (b) Implementation.-- (1) Application.--The amendment made by subsection (a) shall not apply to a conviction that is based on an activity that took place prior to the date of enactment of this Act. (2) Regulations.--Not later than July 1, 1994, the Secretary of Agriculture shall amend the nonprocurement regulations established under part 3017 of chapter XXX of subtitle B of title 7, Code of Federal Regulations, to conform with section 12A of the National School Lunch Act (as added by subsection (a)). (3) Consistent debarment policy.--Not later than 120 days after the date of enactment of this Act, the Secretary of Agriculture, in consultation with the Director of the Office of Management and Budget, the Secretary of Defense, and such other officials as the Secretary of Agriculture determines are appropriate, shall advise the appropriate committees of Congress and the Comptroller General of the United States as to the appropriateness and usefulness of a consistent debarment policy under-- (A) the Federal acquisition regulations issued under title 48, Code of Federal Regulations; and (B) Federal nonprocurement regulations. (4) No reduction in authority.-- (A) In general.--The authority of the Secretary of Agriculture that exists on the date of enactment of this Act to debar or suspend a person, or a principal or affiliate of the person, from Federal financial and nonfinancial assistance and benefits under Federal programs and activities, on a government-wide basis, shall not be diminished or reduced by this section or the amendment made by this section. (B) Debarment or suspension.--The Secretary may continue, after the date of enactment of this Act, to debar or suspend a person (or a principal or affiliate of the person), on a government-wide basis, from Federal financial and nonfinancial assistance and benefits for any cause for debarment or suspension that is specified in part 3017 of chapter XXX of subtitle B of title 7, Code of Federal Regulations, or as otherwise permitted by law (including regulations). SEC. 5. INFORMATION RELATING TO PREVENTION AND CONTROL OF ANTICOMPETITIVE ACTIVITIES. The National School Lunch Act (as amended by section 3) is further amended by adding at the end the following new section: ``SEC. 26. INFORMATION RELATING TO PREVENTION AND CONTROL OF ANTICOMPETITIVE ACTIVITIES. ``On request, the Secretary shall present to the appropriate committees of the Congress information regarding the administration of section 12A (relating to nonprocurement debarment) and section 25 (relating to the duties of the Secretary relating to anticompetitive activities), and any waiver granted under section 12A(c).''.

School Lunch Protection Act of 1993 - Amends the National School Lunch Act to direct the Secretary of Agriculture (Secretary) to provide training and other assistance to State representatives, contracting entities, and school food service authorities to identify and prevent anticompetitive activities in the school lunch, school breakfast, special milk, and summer food service programs. Directs the Secretary to bar a company for at least one year (three years for a repeat conviction) from program participation upon conviction for anticompetitive or specified related activities. Directs the Secretary, upon request, to provide the appropriate congressional committees with information about prevention and control of such anticompetitive activities.

School Lunch Protection Act of 1993

TITLE I--SHORT TITLE; TABLE OF CONTENTS SEC. 1000. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Retirement Savings and Security Act''. (b) Table of Contents.-- TITLE I--SHORT TITLE; TABLE OF CONTENTS Sec. 1000. Short title; table of contents. TITLE II--CONFORMING RAILROAD RETIREMENT BENEFITS WITH SOCIAL SECURITY Sec. 2001. Child's annuity. Sec. 2002. Entitlement to spousal annuities. Sec. 2003. Continued payment to survivors of waived lump sum benefits in amounts equivalent to social security survivor benefits. Sec. 2004. Lump sum death benefits equivalent to social security benefits. Sec. 2005. Payment of benefits equivalent to social security benefits with respect to service for which certain railroad retirement annuities are not payable. Sec. 2006. Effective date. TITLE II--CONFORMING RAILROAD RETIREMENT BENEFITS WITH SOCIAL SECURITY SEC. 2001. CHILD'S ANNUITY. (a) Eligibility for Annuity.--Section 2 of the Railroad Retirement Act of 1974 is amended by adding at the end the following new subsection: ``(i) The child (as defined in section 216(e) and (k) of the Social Security Act) of an individual, if-- ``(i)(I) such child will be less than 18 years of age, ``(II) such child will be less than 19 years of age and a full-time elementary or secondary school student, or ``(III) such child will, without regard to his or her age, be under a disability which began before the child attained age 22 or before the 84th month following the month in which his most recent entitlement to an annuity under this subsection terminated because he or she ceased to be under a disability, and ``(ii) such child is unmarried and dependent upon the employee, shall be entitled to an annuity, if he or she has filed an application therefor, in the amount provided under section 4 of this Act.'' (b) Amount of Annuity.--Section 4 of such Act is amended-- (1) in the heading, by adding at the end ``and child annuities''; and (2) by adding at the end the following new subsection: ``(j) The annuity of a child of an individual under section 2(i) of this Act shall be in the amount that would have been payable to the child under title II of the Social Security Act if all of the individual's service after December 31, 1936, had been included in the term `employment' as defined in that Act reduced by any benefit payable under title II of the Social Security Act.''. (c) Technical Amendment.--The first sentence of section 3(f)(3) of such Act is amended by striking ``the spouse and divorced wife'' and inserting ``the spouse, child, and divorced wife''. SEC. 2002. ENTITLEMENT TO SPOUSAL ANNUITIES. (a) Entitlement Despite Certain Age Requirements.--Section 2(c)(1) of the Railroad Retirement Act of 1974 is amended by adding at the end the following: ``A spouse who is not entitled to an annuity by reason of paragraph (i)(B) of this subdivision, but who otherwise meets the conditions for entitlement to an annuity under this subsection, shall be entitled to an annuity in such amount as would have been payable under title II of the Social Security Act if all of the individual's service after December 31, 1936, had been included in the term `employment' as defined in that Act reduced by any benefit payable to the spouse under title II of the Social Security Act.''. (b) Removal of Age Requirement for Divorced Spouses.--Section 2(c)(4) of such Act is amended by striking paragraph (ii), by redesignating paragraph (iii) as paragraph (ii), and by striking paragraph (i) and inserting the following: ``(i) such individual has completed 10 years of service; and''. (c) Entitlement of Divorced Spouse Where Worker's Annuity Is Not Payable.--Section 2(e)(5) of such Act is amended by striking ``or divorced wife'' in the second sentence. SEC. 2003. CONTINUED PAYMENT TO SURVIVORS OF WAIVED LUMP SUM BENEFITS IN AMOUNTS EQUIVALENT TO SOCIAL SECURITY SURVIVOR BENEFITS. Section 6(c)(1) of the Railroad Retirement Act of 1974 is amended by striking all that follows ``Provided, however,'' and inserting the following: ``That if the employee is survived by a widow, widower, or parent who may upon attaining the age of eligibility be entitled to benefits under this Act, such lump sum shall not be paid unless such widow, widower, or parent makes and files with the Board an irrevocable election, in such form as the Board may prescribe, to have such lump sum be paid in lieu of all benefits, other than the amount of the benefits that the widow, widower, or parent would have received under title II of the Social Security Act if all of the employee's service after December 31, 1936, had been included in the term `employment' as defined in that Act. After a lump sum with respect to the death of an employee is paid pursuant to an election filed with the Board under the provisions of this subsection, no further benefits, other than benefits in such amounts as would have been payable under title II of the Social Security Act if all of the employee's service after December 31, 1936, had been included in the term `employment' as defined in that Act, shall be paid under this Act on the basis of such employee's compensation and service under this Act.''. SEC. 2004. LUMP SUM DEATH BENEFITS EQUIVALENT TO SOCIAL SECURITY BENEFITS. (a) In General.--Section 6(b)(2) of the Railroad Retirement Act of 1974 is amended to read as follows: ``(2) Upon the death of an individual who (A) will have completed ten years of service at the time of his death, and (B) will have had a current connection with the railroad industry at the time of his death, a lump-sum death payment shall be made in accordance with the provisions of section 202(i) of the Social Security Act in an amount equal to the amount which would have been payable under such section 202(i) if such individual's service as an employee after December 31, 1936, were included in the term `employment' as defined in that Act.''. (b) Conforming Amendment.--Section 6(b)(1) of such Act is amended by inserting before the period at the end of the first sentence the following: ``less any lump-sum benefit payable under subdivision (2) of this subsection''. SEC. 2005. PAYMENT OF BENEFITS EQUIVALENT TO SOCIAL SECURITY BENEFITS WITH RESPECT TO SERVICE FOR WHICH CERTAIN RAILROAD RETIREMENT ANNUITIES ARE NOT PAYABLE. Section 2(e) of the Railroad Retirement Act of 1974 is amended by adding at the end the following new subdivision: ``(6) A person who has filed an application for an annuity under this Act, but whose annuity is not payable for a month by reason of subdivision (1), (3), or (5) of this subsection and who is entitled to a benefit under title II of the Social Security Act for such month shall be entitled to receive an annuity under this Act for such month equal to the difference between the benefit under such title II paid for such month and the benefit under such title II that would have been paid for such month if all of the individual's service after December 31, 1936, had been included in the term `employment' as defined in that Act.''. SEC. 2006. EFFECTIVE DATE. The amendments made by this title shall take effect on January 1, 1997.

TABLE OF CONTENTS: Title I: Short Title; Table of Contents Title II: Conforming Railroad Retirement Benefits with Social Security Title I: Short Title; Table of Contents - Retirement Savings and Security Act - Sets forth this Act's short title and table of contents. Title II: Conforming Railroad Retirement Benefits with Social Security - Amends the Railroad Retirement Act of 1974 (RRA) with respect to eligibility for and the amount of a child's annuity. Provides for entitlement to spousal annuities despite certain age requirements. Removes the age requirement for divorced spouses, and provides for entitlement of the divorced spouse where the worker's annuity is not payable. Provides for RRA benefits equivalent to those under the Social Security Act with respect to: (1) amounts of continued payment to survivors of waived lump sum benefits; (2) lump sum death benefits; and (3) benefits with respect to service for which certain railroad retirement annuities are not payable.

Retirement Savings and Security Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Improper Payments Coordination Act of 2015''. SEC. 2. AVAILABILITY OF THE DO NOT PAY INITIATIVE TO THE JUDICIAL AND LEGISLATIVE BRANCHES AND STATES. Section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is amended-- (1) in subsection (b)(3)-- (A) in the paragraph heading, by striking ``by agencies''; and (B) by adding at the end the following: ``States and any contractor, subcontractor, or agent of a State, and the judicial and legislative branches of the United States (as defined in paragraphs (2) and (3), respectively, of section 202(e) of title 18, United States Code), shall have access to, and use of, the Do Not Pay Initiative for the purpose of verifying payment or award eligibility for payments (as defined in section 2(g)(3) of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note)) when, with respect to a State, the Director of the Office of Management and Budget determines that the Do Not Pay Initiative is appropriately established for that State and any contractor, subcontractor, or agent of the State, and, with respect to the judicial and legislative branches of the United States, when the Director of the Office of Management and Budget determines that the Do Not Pay Initiative is appropriately established for the judicial branch or the legislative branch, as applicable. To ensure consistency with the principles of section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974) the Director of the Office of Management and Budget may issue guidance that establishes privacy and other requirements that shall be incorporated into Do Not Pay Initiative access agreements with States, including any contractor, subcontractor, or agent of a State, and the judicial and legislative branches of the United States.''; and (2) in subsection (d)(2)-- (A) in subparagraph (B), by striking ``and'' after the semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by inserting after subparagraph (C) the following: ``(D) may include States and their quasi-government entities, and the judicial and legislative branches of the United States (as defined in paragraphs (2) and (3), respectively, of section 202(e) of title 18, United States Code) as users of the system in accordance with subsection (b)(3).''. SEC. 3. IMPROVING THE SHARING AND USE OF DATA BY GOVERNMENT AGENCIES TO CURB IMPROPER PAYMENTS. The Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is amended-- (1) in section 5(a)(2), by striking subparagraph (A) and inserting the following: ``(A) The death records maintained by the Commissioner of Social Security.''; and (2) by adding at the end the following: ``SEC. 7. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES FOR CURBING IMPROPER PAYMENTS. ``(a) Prompt Reporting of Death Information by the Department of State and the Department of Defense.--Not later than 1 year after the date of enactment of this section, the Secretary of State and the Secretary of Defense shall establish a procedure under which each Secretary shall, promptly and on a regular basis, submit information relating to the deaths of individuals to each agency for which the Director of the Office of Management and Budget determines receiving and using such information would be relevant and necessary. ``(b) Guidance to Agencies Regarding Data Access and Use for Improper Payments Purposes.-- ``(1) In general.--Not later than 12 months after the date of enactment of this section, the Director of the Office of Management and Budget, in consultation with the Council of the Inspectors General on Integrity and Efficiency, the heads of other relevant Federal, State, and local agencies, and Indian tribes and tribal organizations, as appropriate, shall issue guidance regarding implementation of the Do Not Pay Initiative under section 5 to-- ``(A) the Department of the Treasury; and ``(B) each agency or component of an agency-- ``(i) that operates or maintains a database of information described in section 5(a)(2); or ``(ii) for which the Director determines improved data matching would be relevant, necessary, or beneficial. ``(2) Requirements.--The guidance issued under paragraph (1) shall-- ``(A) address the implementation of subsection (a); and ``(B) include the establishment of deadlines for access to and use of the databases described in section 5(a)(2) under the Do Not Pay Initiative.''. SEC. 4. DATA ANALYTICS. Section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note), is amended by adding at the end the following: ``(h) Report on Improper Payments Data Analysis.--Not later than 180 days after the date of enactment of the Federal Improper Payments Coordination Act of 2015, the Secretary of the Treasury shall submit to Congress a report which shall include a description of-- ``(1) data analytics performed as part of the Do Not Pay Business Center operated by the Department of the Treasury for the purpose of detecting, preventing, and recovering improper payments through preaward, postaward prepayment, and postpayment analysis, which shall include a description of any analysis or investigations incorporating-- ``(A) review and data matching of payments and beneficiary enrollment lists of State programs carried out using Federal funds for the purposes of identifying eligibility duplication, residency ineligibility, duplicate payments, or other potential improper payment issues; ``(B) review of multiple Federal agencies and programs for which comparison of data could show payment duplication; and ``(C) review of other information the Secretary of the Treasury determines could prove effective for identifying, preventing, or recovering improper payments, which may include investigation or review of information from multiple Federal agencies or programs; ``(2) the metrics used in determining whether the analytic and investigatory efforts have reduced, or contributed to the reduction of, improper payments or improper awards; and ``(3) the target dates for implementing the data analytics operations performed as part of the Do Not Pay Business Center.''.

Federal Improper Payments Coordination Act of 2015 (Sec. 2) This bill amends the Improper Payments Elimination and Recovery Improvement Act of 2012 to: (1) extend the availability of the Do Not Pay Initiative to the judicial and legislative branches and to the states; and (2) authorize the Office of Management and Budget (OMB) to issue guidance that establishes privacy requirements that shall be incorporated into Do Not Pay Initiative access agreements with states and the judicial and legislative branches. (Sec. 3) The Departments of Defense and State must submit, promptly and on a regular basis, relevant information on the deaths of individuals. The OMB, in consultation with the Council of the Inspectors General on Integrity and Efficiency, the heads of other relevant federal, state, and local agencies, and Indian tribes and tribal organizations, as appropriate, shall issue guidance regarding implementation of the Initiative to the Department of the Treasury and each agency or component of an agency: (1) that operates or maintains a database of death records maintained by the Social Security Administration; or (2) for which the OMB determines improved data matching would be relevant, necessary, or beneficial. (Sec. 4) Treasury must report to Congress on: data analytics performed as part of the Do Not Pay Business Center operated by Treasury for the purpose of detecting, preventing, and recovering improper payments through pre-award, post-award prepayment, and post-payment analysis; the metrics used in determining whether the analytic and investigatory efforts have reduced, or contributed to the reduction of, improper payments or improper awards; and the target dates for implementing the data analytics operations performed as part of the Do Not Pay Business Center.

Federal Improper Payments Coordination Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Birth Defects and Developmental Disabilities Prevention Act of 2003''. SEC. 2. NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES. Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A)-- (i) by striking ``and developmental disabilities'' and inserting ``, developmental disabilities, and disabilities and health''; and (ii) by striking ``subsection (d)(2)'' and inserting ``subsection (c)(2)''; (B) in subparagraph (B), by striking ``and'' at the end; (C) in subparagraph (C), by striking the period and inserting a semicolon; and (D) by adding at the end the following: ``(D) to conduct research on and to promote the prevention of such defects and disabilities, and secondary health conditions among individuals with disabilities; and ``(E) to support a National Spina Bifida Program to prevent and reduce suffering from the Nation's most common permanently disabling birth defect.''; (2) by striking subsection (b); (3) in subsection (d)-- (A) by striking paragraph (1) and inserting the following: ``(1) contains information regarding the incidence and prevalence of birth defects, developmental disabilities, and the health status of individuals with disabilities and the extent to which these conditions have contributed to the incidence and prevalence of infant mortality and affected quality of life;''; (B) in paragraph (3), by inserting ``, developmental disabilities, and secondary health conditions among individuals with disabilities'' after ``defects''; (C) in paragraph (4), by striking ``and'' at the end; (D) by redesignating paragraph (5) as paragraph (7); and (E) by inserting after paragraph (4) the following: ``(5) contains information on the incidence and prevalence of individuals living with birth defects and disabilities or developmental disabilities, information on the health status of individuals with disabilities, information on any health disparities experienced by such individuals, and recommendations for improving the health and wellness and quality of life of such individuals; ``(6) contains a summary of recommendations from all birth defects research conferences sponsored by the Centers for Disease Control and Prevention, including conferences related to spina bifida; and''; (4) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively; (5) by inserting after subsection (d) (as so redesignated), the following: ``(e) Advisory Committee.--Notwithstanding any other provision of law, the members of the advisory committee appointed by the Director of the National Center for Environmental Health that have expertise in birth defects, developmental disabilities, and disabilities and health shall be transferred to and shall advise the National Center on Birth Defects and Developmental Disabilities effective on the date of enactment of the Birth Defects and Developmental Disabilities Prevention Act of 2003.''; and (6) in subsection (f), by striking ``$30,000,000'' and all that follows and inserting ``such sums as may be necessary for each of fiscal years 2003 through 2007.''. SEC. 3. TECHNICAL CORRECTIONS FOR STATE COUNCILS ON DEVELOPMENTAL DISABILITIES. (a) In General.--Section 122(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15022(a)) is amended-- (1) in paragraph (3)(A)(ii), by inserting before the period the following: ``, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater''; and (2) in paragraph (4)(A)(ii), by inserting before the period the following: ``, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal year 2000, 2001, or 2002, whichever is greater''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2003 and apply to allotments beginning in fiscal year 2004. SEC. 4. REPORT ON SURVEILLANCE ACTIVITIES. Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services jointly with the Secretary of Education shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce and Committee on Education and the Workforce of the House of Representatives a report concerning surveillance activities under section 102 of the Children's Health Act of 2000 (Public Law 106-310), specifically including-- (1) a description of the current grantees under the National Autism and Pervasive Developmental Disabilities Surveillance Program and the Centers of Excellence in Autism and Pervasive Developmental Disabilities, the data collected, analyzed, and reported under such grants, the sources of such data, and whether such data was obtained with parental consent as required under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g); (2) a description of current sources of data for the surveillance of autism and developmental disabilities and the methods for obtaining such data, including whether such data was obtained with parental or patient consent for disclosure; (3) an analysis of research on autism and developmental disabilities with respect to the methods of collection and reporting, including whether such research was obtained with parental or patient consent for disclosure; (4) an analysis of the need to add education records in the surveillance of autism and other developmental disabilities, including the methodological and medical necessity for such records and the rights of parents and patients in the use of education records (in accordance with the Family Educational Rights and Privacy Act of 1974); (5) a description of the efforts taken by the Centers for Disease Control and Prevention to utilize education records in conducting the surveillance program while obtaining parental or patient consent for such education records, including the outcomes of such efforts; (6) a description of the challenges provided to obtaining education records (in the absence of parental or patient consent) for the purpose of obtaining additional surveillance data for autism and other developmental disabilities; and (7) a description of the manner in which such challenges can be overcome, including efforts to educate parents, increase confidence in the privacy of the surveillance program, and increase the rate of parental or patient consent, and including specific quantitative and qualitative justifications for any recommendations for changes to existing statutory authority, including the Family Educational Rights and Privacy Act of 1974. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Birth Defects and Developmental Disabilities Prevention Act of 2003 - (Sec. 2) Amends the Public Health Service Act concerning the National Center on Birth Defects and Developmental Disabilities (Center) to add "disabilities and health" to categories of data which the Secretary of Heath and Human Services is directed to collect, analyze, and make available. Requires the Secretary to conduct research on and promote the prevention of birth defects and disabilities and to support a National Spina Bifida Program to prevent and reduce suffering from the nation's most common permanently disabling birth defect. Modifies Center reporting requirements, including requiring such report to contain information on: (1) individuals living with birth defects and disabilities or developmental disabilities, and recommendations for improving the health and quality of life of such individuals; and (2) recommendations from all birth defects research conferences sponsored by the Centers for Disease Control and Prevention, including conferences related to spina bifida. Requires that the members of the advisory committee appointed by the Director of the National Center for Environmental Health that have expertise in birth defects, developmental disabilities, and disabilities and health be transferred to and advise the Center. Authorizes appropriations through FY 2007 for the Center. (Sec. 3) Amends the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to revise appropriation allotment provisions for State developmental disabilities councils. (Sec. 4) Directs the Secretary and the Secretary of Education to jointly report on specified surveillance activities under the Children's Health Act of 2000 respecting autism and other developmental disabilities.

A bill to revise and extend the Birth Defects Prevention Act of 1998.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Apollo 11 50th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) On July 16, 1969, the Apollo 11 spacecraft launched from Launch Complex 39A at the John F. Kennedy Space Center carrying Neil Armstrong, Buzz Aldrin, and Michael Collins, who would become the first of mankind to complete a crewed lunar landing. (2) The United States is the only country ever to have attempted and succeeded in landing humans on a celestial body off the Earth and safely returning them home, completing an unprecedented engineering, scientific and political achievement. (3) The Apollo 11 mission, culminating in man's first steps on the Moon on July 20, 1969, honored the fallen astronauts of the Apollo 1 crew, whose innovative work and bravery will be remembered forever. (4) Apollo 11 accomplished the national goal set forth in 1961 by President John F. Kennedy, who stated at Rice University the following year, ``We choose to go to the Moon. We choose to go to the Moon in this decade and do the other things, not because they are easy, but because they are hard, because that goal will serve to organize and measure the best of our energies and skills, because that challenge is one that we are willing to accept, one we are unwilling to postpone, and one which we intend to win''. (5) At the height of the Cold War, the Apollo space program provided the United States and the free world with a powerful symbolic win, demonstrating the strength, ambition, and determination of the United States in technological and economic advancement, and securing our Nation's leadership in space for generations to come. (6) The National Aeronautics and Space Administration's (referred to in this Act as ``NASA'') Marshall Space Flight Center in Huntsville, Alabama, designed, assembled, and tested the most powerful launch vehicle in history, the Saturn V rocket, which was used for the Apollo missions in the 1960s and 1970s. (7) The Saturn V weighed 6,200,000 pounds and generated 7,600,000 pounds of thrust, which NASA has equated to generating more power than 86 Hoover Dams. (8) During the time period from 1969 through 1972, NASA completed eight Apollo missions and landed 12 men on the Moon. The 6 missions that landed on the Moon returned with a wealth of groundbreaking scientific data and over 800 pounds of lunar samples. (9) An estimated 400,000 Americans contributed to the successful program that led to the lunar landing on July 20, 1969, including NASA scientists, engineers, astronauts, industry contractors and their engineering and manufacturing workforce, as well as the political leadership of Republicans and Democrats in Congress and the White House. (10) The Apollo program, along with its predecessor Mercury and Gemini programs, inspired generations of American students to pursue careers in science, technology, engineering, and mathematics (STEM), which has fueled innovation and economic growth throughout a range of industries over the last four decades. (11) July 20, 2019, will mark the 50th anniversary of the Apollo 11 landing of Neil Armstrong and Buzz Aldrin on the lunar surface. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the 50th anniversary of the first manned Moon landing, 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 not less than 90 percent gold. (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. (4) Proof silver $1 coins.--Not more than 100,000 proof $1 silver coins which shall-- (A) weigh 5 ounces; (B) be struck on a planchet having a diameter of 3 inches; 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 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) Convex Shape.-- (1) In general.--The coins minted under this Act shall be produced in a fashion similar to the 2014 National Baseball Hall of Fame 75th Anniversary Commemorative Coin, so that the reverse of the coin is convex to more closely resemble the visor of the astronaut's helmet of the time and the obverse concave, providing a more dramatic display of the obverse design chosen pursuant to section 4(c). (2) Sense of congress.--It is the sense of Congress that, to the extent possible without significantly adding to the purchase price of the coins, the coins minted under this Act should be produced with the design of the reverse of the coins continuing over what would otherwise be the edge of the coins, such that the reverse design extends all the way to the obverse design. 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-- (A) the Commission of Fine Arts; and (B) with respect to the design of the reverse of the coins, the Administrator of NASA; 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 denomination 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 juried, compensated competition to determine the design of the common obverse of the coins minted under this Act, with such design being emblematic of the United States space program leading up to the first manned Moon landing. (2) Selection process.--Proposals for the obverse 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 of the United States Mint, and members of the general public, and any designs submitted for the design review process described herein shall be anonymized until a final selection is made. (4) Compensation.--The Secretary shall determine compensation for the winning design under this subsection, which shall be not less than $5,000. (d) Reverse Design.--The design on the common reverse of the coins minted under this Act shall be a representation of a close-up of the famous ``Buzz Aldrin on the Moon'' photograph taken July 20, 1969, that shows just the visor and part of the helmet of astronaut Buzz Aldrin, in which the visor has a mirrored finish and reflects the image of the United States flag and the lunar lander and the remainder of the helmet has a frosted finish. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Except with respect to coins described under section 3(a)(4), 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 described under section 3(a)(2). (3) A surcharge of $5 per coin for the half-dollar coin. (4) A surcharge of $50 per coin for the $1 coin described under section 3(a)(4). (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 as follows: (1) one half to the Smithsonian Institution's National Air and Space Museum's ``Destination Moon'' exhibit, for design, education, and installation costs related to establishing and maintaining the exhibit, and for costs related to creating a traveling version of the exhibition; (2) one quarter to the Astronauts Memorial Foundation, for costs related to the preservation, maintenance, and enhancement of the Astronauts Memorial and for promotion of space exploration through educational initiatives; and (3) one quarter to the Astronaut Scholarship Foundation, to aid its missions of promoting the importance of science and technology to the general public and of aiding the United States in retaining its world leadership in science and technology by providing college scholarships for the very best and brightest students pursuing degrees in science, technology, engineering, or mathematics (STEM). (c) Audits.--The recipients described under subsection (b) 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. 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 (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the House on December 5, 2016. Apollo 11 50th Anniversary Commemorative Coin Act (Sec. 3) This bill directs the Department of the Treasury to mint and issue gold, silver, half-dollar clad, and proof silver coins in recognition and celebration of the 50th anniversary of the first manned landing on the moon. (Sec. 5) Treasury may issue coins minted under this bill for only a one-year period, beginning January 1, 2019. (Sec. 7) All sales of coins minted under this bill shall include a surcharge of $35 per gold coin, $10 per silver coin, $5 per half-dollar clad coin, and $50 per proof silver coin. All of the surcharges received from the sale of such coins shall be paid as follows: one-half to the Smithsonian Institution's National Air and Space Museum's "Destination Moon" exhibit; one-quarter to the Astronauts Memorial Foundation; and one-quarter to the Astronaut Scholarship Foundation, to aid its missions by providing college scholarships for the very best and brightest students pursuing degrees in science, technology, engineering, or mathematics (STEM). There may not be any surcharge if issuance of the coin would exceed the annual commemorative coin program issuance limitation. (Sec. 8) Treasury shall ensure that: minting and issuing such coins will not result in any net cost to the federal government; and no funds, including surcharges, will be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all authorized coins is recovered.

Apollo 11 50th Anniversary Commemorative Coin Act

. Section 10(m) of the National Labor Relations Act is amended by adding at the end the following new sentence: ``Whenever a complaint is issued as provided in subsection (b) upon a charge that any person has engaged in or is engaging in an unfair labor practice within the meaning of subsection (a)(3) or (b)(2) of section 8 involving an unlawful discharge, the Board shall state its findings of fact and issue and cause to be served on such person an order requiring such person to cease and desist from such unfair labor practice and to take such affirmative action, including reinstatement of an employee with or without backpay, as will effectuate the policies of this Act, or shall state its findings of fact and issue an order dismissing the said complaint, not later than 365 days after the filing of the unfair labor practice charge with the Board except in cases of extreme complexity. The Board shall submit a report annually to the Committee on Education and the Workforce of the House of Representatives and the Committee on Labor and Human Resources of the Senate regarding any cases pending for more than 1 year, including an explanation of the factors contributing to such a delay and recommendations for prompt resolution of such cases.''. SEC. 304. REGULATIONS. The Board may issue such regulations as are necessary to carry out the purposes of this title. TITLE IV--ATTORNEYS FEES SEC. 401. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds as follows: (1) Certain small businesses and labor organizations are at a great disadvantage in terms of expertise and resources when facing actions brought by the National Labor Relations Board. (2) The attempt to ``level the playing field'' for small businesses and labor organizations by means of the Equal Access to Justice Act has proven ineffective and has been underutilized by these small entities in their actions before the National Labor Relations Board. (3) The greater expertise and resources of the National Labor Relations Board as compared with those of small businesses and labor organizations necessitate a standard that awards fees and costs to certain small entities when they prevail against the National Labor Relations Board. (b) Purpose.--It is the purpose of this title-- (1) to ensure that certain small businesses and labor organizations will not be deterred from seeking review of, or defending against, actions brought against them by the National Labor Relations Board because of the expense involved in securing vindication of their rights; (2) to reduce the disparity in resources and expertise between certain small businesses and labor organizations and the National Labor Relations Board; and (3) to make the National Labor Relations Board more accountable for its enforcement actions against certain small businesses and labor organizations by awarding fees and costs to these entities when they prevail against the National Labor Relations Board. SEC. 402. AMENDMENT TO NATIONAL LABOR RELATIONS ACT. The National Labor Relations Act (29 U.S.C. 151 and following) is amended by adding at the end the following new section: ``awards of attorneys' fees and costs ``Sec. 20. (a) Administrative Proceedings.--An employer who, or a labor organization that-- ``(1) is the prevailing party in an adversary adjudication conducted by the Board under this or any other Act, and ``(2) had not more than 100 employees and a net worth of not more than $1,400,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Board was substantially justified or special circumstances make an award unjust. For purposes of this subsection, the term `adversary adjudication' has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. ``(b) Court Proceedings.--An employer who, or a labor organization that-- ``(1) is the prevailing party in a civil action, including proceedings for judicial review of agency action by the Board, brought by or against the Board, and ``(2) had not more than 100 employees and a net worth of not more than $1,400,000 at the time the civil action was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) or this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust.''. SEC. 403. APPLICABILITY. (a) Agency Proceedings.--Subsection (a) of section 20 of the National Labor Relations Act, as added by section 402 of this Act, applies to agency proceedings commenced on or after the date of the enactment of this Act. (b) Court Proceedings.--Subsection (b) of section 20 of the National Labor Relations Act, as added by section 402 of this Act, applies to civil actions commenced on or after the date of the enactment of this Act. Passed the House of Representatives March 26, 1998. Attest: Clerk.

TABLE OF CONTENTS: Title I: Truth in Employment Title II: Fair Hearing Title III: Justice on Time Title IV: Attorneys Fees Fairness for Small Business and Employees Act of 1998 - Title I: Truth in Employment - Amends the National Labor Relations Act (NLRA) to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who is not a bona fide employee applicant, in that such person seeks or has sought employment with the employer with the primary purpose of furthering another employment or agency status. (Sec. 103) Declares that this title shall not affect the rights and responsibilities under NLRA of any employee who is or was a bona fide employee applicant, including the right to: (1) self-organization; (2) form, join, or assist labor organizations; (3) bargain collectively through representatives of their own choosing; and (4) engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Title II: Fair Hearing - Directs the National Labor Relations Board (NLRB) to provide for a hearing upon due notice to determine the appropriateness of the bargaining unit, if a petition for an election requests to certify a unit which includes the employees employed at one or more facilities of a multi-facility employer, and in the absence of an agreement by the parties regarding the appropriateness of the bargaining unit at issue. Requires the NLRB, in making such determination, to consider functional integration, centralized control, common skills, functions and working conditions, permanent and temporary employee interchange, geographical separation, local autonomy, the number of employees, bargaining history, and other factors it considers appropriate. Title III: Justice on Time - Requires the NLRB to state its findings of fact and to issue and serve corrective orders, including reinstatement of an employee with or without backpay, or issue an order dismissing the complaint, within 365 days after the filing of a charge of unfair labor practice involving an unlawful discharge, except in cases of extreme complexity. Directs the NLRB to report annually to specified congressional committees on any cases pending for more than one year, including an explanation of the factors contributing to such a delay, and recommendations for prompt resolution of such cases. Title IV: Attorneys Fees - Provides for awards of attorney's fees and costs in administrative or court proceedings involving the NLRB, without regard to whether the NLRB's position was substantially justified or special circumstances make an award unjust, if the prevailing parties are employers or labor organizations with no more than 100 employees and a net worth of no more than $1.4 million at the time the adversary adjudication was initiated.

Fairness for Small Business and Employees Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Boxing Safety Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``boxer'' means a person who participates in a professional boxing match; (2) the term ``manager'' means a person or business who helps arrange professional boxing matches for a boxer, and who serves as an advisor or representative of a boxer in a professional capacity; (3) the term ``professional boxing match'' means a boxing contest held in the United States between individuals for compensation or a prize, and does not include any amateur boxing match; (4) the term ``promoter'' means a person or business that organizes, holds, advertises, or otherwise conducts a professional boxing match; and (5) the term ``State boxing commission'' means a State agency with authority to regulate professional boxing; SEC. 3. PURPOSE. The purposes of this Act are-- (1) to improve and expand the system of safety precautions that protects the welfare of professional boxers; and (2) to assist State boxing commissions to provide proper oversight for the professional boxing industry in the United States. SEC. 4. PROFESSIONAL BOXING MATCHES. A professional boxing match may be held in the United States only if-- (1) the State where the professional boxing match is to be held-- (A) has a State boxing commission ; or (B) has entered into an agreement with a State boxing commission of another State; to oversee the match and to regulate each of its boxing matches; and (2) the State boxing commission has established procedures to carry out sections 5, 6, and 7. SEC. 5. REGISTRATION. (a) Requirement.--Each professional boxer shall register with-- (1) the State boxing commission of the State in which such boxer resides; (2) in the case of a boxer who is a resident of a State in which there is no State boxing commission, the State boxing commission described in section 4(1)(B); or (3) in the case of a boxer from a foreign country, any State that has a State boxing commission. (b) Identification Card.-- (1) Issuance.--A State boxing commission shall issue to each professional boxer who registers in accordance with subsection (a), an identification card that contains-- (A) a recent photograph of the boxer; (B) the social security number of the boxer (or, in the case of a foreign boxer, any similar citizen identification number or professional boxer number from the country of residence of the boxer); and (C) the personal identification numbers assigned to the boxer by the boxing registries certified by the Association of Boxing Commissioners. (2) Renewal.--Each professional boxer shall renew his or her identification card at least once every 3 years. (3) Presentation.--Each professional boxer shall present his or her identification card to the State boxing commission not later than the time of the weigh-in for a professional boxing match. (c) Relation to State Law.--Nothing in this section shall be construed as preventing a State from applying additional registration requirements. SEC. 6. REVIEW. Each State boxing commission shall establish procedures-- (1) to evaluate the professional records of each boxer participating in a boxing match in the State; and (2) to ensure that no boxer is permitted to box while under suspension from any State boxing commission for any reason, including-- (A) a recent knockout, injury, or unfulfilled requirement for a medical procedure; (B) administrative reasons, such as failure to pay a State fee or fine, or improper conduct; (C) falsification of, or attempts to falsify, official identification cards or documents; (D) failure of a drug test; (E) inadequate boxing skills, or the inability to safely compete; and (F) violation of Federal or State gaming laws. SEC. 7. REPORTING. (a) Boxing Match Results.--Not later than 48 business hours (excluding Saturdays and Sundays) after the conclusion of a professional boxing match, the results of such match shall be reported to the professional boxing registries certified by the Association of Boxing Commissioners (ABC) and to the Florida State Athletic Commission. (b) Suspensions.--Not later than 48 business hours (excluding Saturdays and Sundays) after a State boxing commission orders the suspension of a boxer, promoter, or manager, such suspension shall be reported to the professional boxing registries certified by the Association of Boxing Commissioners (ABC) and to the Florida State Athletic Commission. SEC. 8. ENFORCEMENT. (a) Injunctions.--Whenever the United States Attorney in a State has reasonable cause to believe that a person or entity is engaged in a violation of this Act in such State, the United States Attorney may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order, against the person or entity, as the United States Attorney determines necessary to restrain the person or entity from continuing to engage in, or to sanction, a professional boxing match in violation of this Act. (b) Criminal Penalties.-- (1) Managers and promoters.--Any manager or promoter who knowingly and willfully violates any provision of this Act shall be imprisoned for not more than 1 year or fined more than $20,000, or both. (2) Boxers.--Any professional boxer who knowingly and willfully violates any provision of this Act shall be fined not more than $1,000.

Professional Boxing Safety Act - Allows a professional boxing match to be held in the United States only if: (1) the State where the professional boxing match is to be held has a State boxing commission or has entered into an agreement with a State boxing commission of another State to oversee the match and to regulate each of its boxing matches; and (2) the State boxing commission has established procedures to carry out this Act. Requires each professional boxer to register with: (1) the State boxing commission of the State in which such boxer resides; (2) the State boxing commission overseeing the boxing match if the boxer is a resident of a State in which there is no State boxing commission; and (3) any State that has a State boxing commission if the boxer is from a foreign country. Requires a State boxing commission to issue an identification card to each registered professional boxer to be renewed by the boxer at least once every three years and to be presented to the State boxing commission by the time of the weigh-in for a professional boxing match. States that nothing in this Act shall be construed as preventing a State from applying additional registration requirements. Requires each State boxing commission to: (1) establish procedures to evaluate the professional records of each boxer participating in a boxing match in the State; and (2) ensure that no boxer is permitted to box while under suspension from any State boxing commission for any reason. Requires the results of a professional boxing match and the suspension of a boxer, promoter, or manager ordered by a State boxing commission to be reported to the professional boxing registries certified by the Association of Boxing Commissioners and to the Florida State Athletic Commission within 48 business hours after the conclusion of such match or the suspension of such individuals. Authorizes the U.S. Attorney to bring a civil action in U.S. district court requesting relief to restrain a person or entity from continuing to engage in, or to sanction, a professional boxing match in violation of this Act. Imposes criminal penalties on managers, promoters, or professional boxers who knowingly and willfully violate this Act.

Professional Boxing Safety Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Systemic Risk Designation Improvement Act of 2016''. SEC. 2. TABLE OF CONTENTS. The table of contents for the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by striking the item relating to section 113 and inserting the following: ``Sec. 113. Authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies.''. SEC. 3. REVISIONS TO COUNCIL AUTHORITY. (a) Purposes and Duties.--Section 112 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5322) is amended in subsection (a)(2)(I) by inserting before the semicolon ``, which have been the subject of a final determination under section 113''. (b) Bank Holding Company Designation.--Section 113 of the Dodd- Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323) is amended-- (1) by amending the heading for such section to read as follows: ``authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies''; (2) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), (h), (i), and (j), respectively; (3) by inserting after subsection (b) the following: ``(c) Bank Holding Companies Subject to Enhanced Supervision and Prudential Standards Under Section 165.-- ``(1) Determination.--The Council, on a nondelegable basis and by a vote of not fewer than \2/3\ of the voting members then serving, including an affirmative vote by the Chairperson, may determine that a bank holding company shall be subject to enhanced supervision and prudential standards by the Board of Governors, in accordance with section 165, if the Council determines, based on the considerations in paragraph (2), that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the bank holding company, could pose a threat to the financial stability of the United States. ``(2) Considerations.--In making a determination under paragraph (1), the Council shall use the indicator-based measurement approach established by the Basel Committee on Banking Supervision to determine systemic importance, which considers-- ``(A) the size of the bank holding company; ``(B) the interconnectedness of the bank holding company; ``(C) the extent of readily available substitutes or financial institution infrastructure for the services of the bank holding company; ``(D) the global cross-jurisdictional activity of the bank holding company; and ``(E) the complexity of the bank holding company. ``(3) GSIBs designated by operation of law.-- Notwithstanding any other provision of this subsection, a bank holding company that is designated, as of the date of enactment of this subsection, as a Global Systemically Important Bank by the Financial Stability Board shall be deemed to have been the subject of a final determination under paragraph (1).''; (4) in subsection (d), as so redesignated-- (A) in paragraph (1)(A), by striking ``subsection (a)(2) or (b)(2)'' and inserting ``subsection (a)(2), (b)(2), or (c)(2)''; and (B) in paragraph (4), by striking ``Subsections (d) through (h)'' and inserting ``Subsections (e) through (i)''; (5) in subsections (e), (f), (g), (h), (i), and (j)-- (A) by striking ``subsections (a) and (b)'' each place such term appears and inserting ``subsections (a), (b), and (c)''; and (B) by striking ``nonbank financial company'' each place such term appears and inserting ``bank holding company for which there has been a determination under subsection (c) or nonbank financial company''; (6) in subsection (g), as so redesignated, by striking ``subsection (e)'' and inserting ``subsection (f)''; (7) in subsection (h), as so redesignated, by striking ``subsection (a), (b), or (c)'' and inserting ``subsection (a), (b), (c), or (d)''; and (8) in subsection (i), as so redesignated, by striking ``subsection (d)(2), (e)(3), or (f)(5)'' and inserting ``subsection (e)(2), (f)(3), or (g)(5)''. (c) Enhanced Supervision.--Section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5325) is amended-- (1) in subsection (a)(1), by striking ``large, interconnected bank holding companies'' and inserting ``bank holding companies which have been the subject of a final determination under section 113''; (2) in subsection (a)(2)-- (A) in subparagraph (A), by striking ``; or'' at the end and inserting a period; (B) by striking ``the Council may'' and all that follows through ``differentiate'' and inserting ``the Council may differentiate''; and (C) by striking subparagraph (B); and (3) in subsection (b)(3), by striking ``subsections (a) and (b) of section 113'' each place such term appears and inserting ``subsections (a), (b), and (c) of section 113''. (d) Reports.--Section 116(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5326(a)) is amended by striking ``with total consolidated assets of $50,000,000,000 or greater'' and inserting ``which has been the subject of a final determination under section 113''. (e) Mitigation.--Section 121 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5331) is amended-- (1) in subsection (a), by striking ``with total consolidated assets of $50,000,000,000 or more'' and inserting ``which has been the subject of a final determination under section 113''; and (2) in subsection (c), by striking ``subsection (a) or (b) of section 113'' and inserting ``subsection (a), (b), or (c) of section 113''. (f) Office of Financial Research.--Section 155 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5345) is amended in subsection (d) by striking ``with total consolidated assets of 50,000,000,000 or greater'' and inserting ``which have been the subject of a final determination under section 113''. SEC. 4. REVISIONS TO BOARD AUTHORITY. (a) Acquisitions.--Section 163 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5363) is amended by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' each place such term appears and inserting ``which has been the subject of a final determination under section 113''. (b) Management Interlocks.--Section 164 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5364) is amended by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which has been the subject of a final determination under section 113''. (c) Enhanced Supervision and Prudential Standards.--Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365) is amended-- (1) in subsection (a), by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which have been the subject of a final determination under section 113''; (2) in subsection (a)(2)-- (A) by striking ``(A) In general.--''; and (B) by striking subparagraph (B); (3) by striking ``subsections (a) and (b) of section 113'' each place such term appears and inserting ``subsections (a), (b), and (c) of section 113''; and (4) in subsection (j), by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which has been the subject of a final determination under section 113''. (d) Conforming Amendment.--The second subsection (s) (relating to ``Assessments, Fees, and Other Charges for Certain Companies'') of section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended-- (1) by redesignating such subsection as subsection (t); and (2) in paragraph (2)-- (A) in subparagraph (A), by striking ``having total consolidated assets of $50,000,000,000 or more;'' and inserting ``which have been the subject of a final determination under section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; and''; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B). SEC. 5. EFFECTIVE DATE; RULE OF APPLICATION. (a) Effective Date.--The Financial Stability Oversight Council may begin proceedings with respect to a bank holding company under section 113(c)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as added by this Act, on the date of the enactment of this Act, but may not make a final determination under such section 113(c)(1) with respect to a bank holding company before the end of the 1-year period beginning on the date of the enactment of this Act. (b) Immediate Application to Large Bank Holding Companies.--During the 1-year period described under subsection (a), a bank holding company with total consolidated assets equal to or greater than $50,000,000,000 shall be deemed to have been the subject of a final determination under section 113(c)(1) of the Dodd-Frank Wall Street Reform and Consumer Protection Act. SEC. 6. EXISTING ASSESSMENT TERMINATION SCHEDULE. (a) Temporary Extension of Existing Assessment.-- (1) In general.--Each bank holding company with total consolidated assets equal to or greater than $50,000,000,000 and which has not been the subject of a final determination under section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323) shall be subject to assessments by the Secretary of the Treasury to the same extent as a bank holding company that has been subject to such a final determination. (2) Limitation on amount of assessments.--The aggregate amount collected pursuant to paragraph (1) from all bank holding companies assessed under such paragraph shall be $115,000,000. (3) Expedited assessments.--If necessary, the Secretary of the Treasury shall expedite assessments made pursuant to paragraph (1) to ensure that all $115,000,000 of assessments permitted by paragraph (2) is collected before fiscal year 2018. (4) Payment period options.--The Secretary of the Treasury shall offer the option of payments spread out before the end of fiscal year 2018, or shorter periods including the option of a one-time payment, at the discretion of each bank holding company paying assessments pursuant to paragraph (1). (5) Assessments to be made in addition to any other assessments.--The assessments collected pursuant to paragraph (1) shall be in addition to, and not as a replacement of, any assessments required under any other law. (b) Use of Assessments.--Of the total amount collected pursuant to subsection (a)-- (1) $60,000,000 shall be transferred to the Financial Stability Oversight Council to pay for any administrative costs resulting from this Act and the amendments made by this Act, of which the Financial Stability Oversight Council shall distribute $20,000,000 to the Board of Governors of the Federal Reserve System, $20,000,000 to the Federal Deposit Insurance Corporation, and $20,000,000 to the general fund of the Treasury; and (2) $55,000,000 shall be transferred to the Federal Deposit Insurance Corporation to pay for any resolution costs resulting from this Act and the amendments made by this Act. (c) Treatment Upon Determination.--A bank holding company assessed under this section shall no longer be subject to such assessments in the event it is subject to a final determination under section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323). Any prior payments made by such a banking holding company pursuant to an assessment under this section shall be nonrefundable. (d) Rule of Construction.--A bank holding company deemed to have been the subject of a final determination under section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323) under section 5(b) shall not be subject to assessments under subsection (a) solely by operation of section 5(b). SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act may be construed as broadly applying international standards except as specifically provided under paragraphs (2) and (3) of section 113(c) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as added by section 3. Passed the House of Representatives December 1, 2016. Attest: KAREN L. HAAS, Clerk.

Systemic Risk Designation Improvement Act of 2016 (Sec. 3) This bill amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to authorize the Financial Stability Oversight Council (FSOC) to subject a bank holding company to enhanced supervision and prudential standards by the Board of Governors of the Federal Reserve System if FSOC makes a final determination that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of its activities, could threaten the financial stability of the United States. This FSOC determination procedure replaces the current process under which bank holding companies with total consolidated assets of $50 billion or more are automatically subject to such enhanced supervision and prudential standards. FSOC must make these final determinations using an indicator-based measurement approach established by the Basel Committee on Banking Supervision to determine systemic importance, which considers each bank holding company's size, interconnectedness, available substitutes, global cross-jurisdictional activity, and complexity. A bank holding company designated, as of this bill's enactment, as a Global Systemically Important Bank (GSIB) by the Financial Stability Board (FSB) shall be deemed to have been the subject of a final determination that it could pose a threat to U.S. financial stability, thereby making these GSIBs subject to enhanced supervision. (Sec. 4) The bill revises the Federal Reserve Board's authority over bank holding company acquisition restrictions, prohibitions on interlocks between management of different financial companies, and enhanced supervision and prudential standards to make these requirements subject to FSOC's determination instead of operating automatically when a bank meets a $50 billion threshold. (Sec. 5) FSOC is prohibited from making a final determination concerning a bank holding company under this bill before one year after its enactment. A bank holding company shall be deemed to have been the subject of such a final determination during this one-year period, however, if its total consolidated assets are $50 billion or more. (Sec. 6) Bank holding companies with total consolidated assets of $50 billion or more that have not been the subject of a final determination for enhanced supervision and prudential standards remain subject to assessments by the Department of the Treasury for a temporary period to the same extent as a bank holding company that has been subject to a final determination. But the aggregate amount collected from all bank holding companies so assessed is limited to a specified amount to be transferred to: (1) FSOC to distribute to the Federal Reserve Board, the Federal Deposit Insurance Corporation (FDIC), and the general fund of the Treasury for administrative costs resulting from this bill; and (2) the FDIC for resolution costs resulting from this bill. A bank holding company so assessed shall no longer be subject to such assessments in the event it is subject to a final determination. Assessments collected shall be in addition to, and not as a replacement of, any other assessments required by law. (Sec. 7) Nothing in this bill may be construed as broadly applying international standards except as specifically provided for FSOC's use of Basel Committee determination factors and the oversight of FSB-designated GSIBs.

Systemic Risk Designation Improvement Act of 2016

SECTION 1. ____. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES. Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7111 et seq.) is amended-- (1) in section 4004-- (A) in paragraph (1), by striking ``and'' after the semicolon; (B) by redesignating paragraph (2) as paragraph (3); and (C) in paragraph (3) as redesignated, by striking ``subpart 2'' and inserting ``subpart 3''; and (D) by inserting after paragraph (1) the following: ``(2) $25,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 4 succeeding fiscal years to carry out subpart 2; (2) by redesignating subparts 2 and 3 as 3 and 4, respectively; (3) by redesignating sections 4131 through 4134 as sections 4141 through 4144, respectively; (3) by redesignating section 4121 as section 4131; and (4) by inserting after subpart 1 the following: ``Subpart 2--Effective Prevention Program Implementation ``SEC. 4121. COMPREHENSIVE PREVENTION TECHNICAL ASSISTANCE GRANTS. ``(a) Program Authorized.--The Secretary is authorized to provide grants to States that meet the requirements of this subpart to implement prevention programs that meet a high scientific standard of program effectiveness. ``(b) Contents of State Plan.--To be eligible to receive a grant under this subpart, a State educational agency shall submit an application that includes a State plan that describes-- ``(1) the process and selection criteria by which the State educational agency will make competitive grants to eligible local educational agencies; ``(2) how the State educational agency will ensure that only high quality, well-defined, and well-documented comprehensive prevention programs are funded; ``(3) how the State educational agency will disseminate materials developed or collected by the Secretary about research-based, proven-effective comprehensive prevention models and will provide technical assistance to assist local educational agencies in evaluating, selecting, developing, and implementing comprehensive prevention programs; ``(4) how the State educational agency will evaluate the implementation of comprehensive prevention programs and measure the results achieved in preventing violence, criminal and delinquent behavior, substance abuse, and other problem behaviors and improving student academic performance; ``(5) how the State educational agency will ensure that local programs meet the requirements of section 4124(b); ``(6) provide assurances that funds provided under this subpart shall supplement, not supplant, other Federal, State, and local funds that would otherwise be available for the purposes described under this subpart; and ``(7) such other criteria as the Secretary may reasonably require. SEC. 4122. RESERVATIONS AND ALLOCATIONS. ``(a) Reservations.--From the funds made available in section 4004(2) to carry out this subpart for each fiscal year, the Secretary shall-- ``(1) reserve funds in accordance with paragraphs (1), (2), and (4) of section 4011(a); and ``(2) except as provided in subsection (b), allocate the remainder of funds among the States in accordance with section 4011(b)(1). ``(b) Reallocation of Funds to States.--In a case in which a State educational agency does not develop a plan that meets the requirements of section 4121(b), the Secretary shall not make an allocation to the State under subsection (a)(2) and shall allocate such funds in accordance with section 4011(b)(1) to other States that have developed such plans. Funds allocated to a State under this subsection may be used only to implement programs under this subpart. ``SEC. 4123. DISTRIBUTION OF FUNDS. ``(a) Funds to Local Educational Agencies.-- ``(1) In general.--From the amounts made available under section 4004(2), each State educational agency that receives an award under this subpart shall use such funds to provide competitive grants to local educational agencies. ``(2) Awards.--In awarding competitive grants under this subpart, a State educational agency shall-- ``(A) give the highest priority to local educational agencies with demonstrated need in accordance with the criteria described in section 4113(d)(2)(C)(ii); ``(B) make grant awards that are of sufficient size and scope to support the initial startup costs for a comprehensive prevention plan that meets the requirements of this subpart; and ``(C) take into account the equitable distribution of awards to different geographic regions within the State, including urban and rural areas, and to schools serving elementary and secondary students. ``(b) Reservation.--A State educational agency may use not more than 5 percent of the funds made available to it under this section for administrative, evaluation, and technical assistance expenses, including expenses necessary to inform local educational agencies about research-based, proven-effective comprehensive prevention approaches. SEC. 4124. LOCAL AWARDS. ``(a) In General.--To be eligible to receive a subgrant under this subpart for any fiscal year, a local educational agency shall submit, at such time as the State educational agency requires, an application to the State educational agency for approval. ``(b) Plan.--Each local educational agency shall submit a plan to the State educational agency to demonstrate how it will meet the requirements of subsection (c). ``(c) Use of Funds.--A grant awarded to a local educational agency under this subpart shall be used only for the purpose of identifying and implementing comprehensive prevention programs that-- ``(1) employ strategies or approaches that are based on reliable research and that show effectiveness in preventing violence, criminal and delinquent behavior, substance abuse, and other problem behaviors and improving student academic performance; ``(2) comprehensively address the mental, emotional, social, and physical health of children and adolescents; ``(3) employ developmentally appropriate activities and interventions; ``(4) assist children and adolescents in improving cognitive, affective, and behavioral skills; ``(5) use methods that ensure the active engagement of the children and adolescents who participate and that facilitate better communication between children and adults about problem situations; ``(6) provide for the meaningful involvement of parents, educators, health and mental health professionals, and the local community in planning and implementation; ``(7) provide high-quality and continuous staff professional development and training; ``(8) have measurable outcome goals and a clear evaluation plan, including annual reports to the State and the Secretary; ``(9) use high-quality external technical support and assistance from individuals or entities with experience and expertise in developing, implementing, and evaluating comprehensive prevention approaches; and ``(10) identify how other resources (Federal, State, local, and private) available to the State will be used to coordinate services to support and sustain the comprehensive prevention effort.''.

Authorizes the Secretary of Education to provide such grants to States that meet specified requirements to implement prevention programs that meet a high scientific standard of program effectiveness. Sets forth program requirements for State plans, reservations and allocations of funds, State distribution of program funds through competitive grants to local educational agencies (LEAs), and LEA plans and use of funds for comprehensive prevention programs that meet certain requirements.

To amend the Safe and Drug-Free Schools and Communities Act of 1994 to provide comprehensive technical assistance and implement prevention programs that meet a high scientific standard of program effectiveness.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security KidSave Accounts Act''. SEC. 2. SOCIAL SECURITY KIDSAVE ACCOUNTS. Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended-- (1) by inserting before section 201 the following: ``Part A--Insurance Benefits''; and (2) by adding at the end the following: ``Part B--KidSave Accounts ``kidsave accounts ``Sec. 251. (a) Establishment.--The Commissioner of Social Security shall establish in the name of each individual born on or after January 1, 1997, a KidSave Account described in subparagraph (A) of section 252(1), upon the later of-- ``(1) the date of enactment of this part, or ``(2) the date of the issuance of a Social Security account number under section 205(c)(2) to such individual. The KidSave Account shall be identified to the account holder by means of the account holder's Social Security account number. ``(b) Contributions.-- ``(1) In general.--The Secretary of the Treasury shall transfer from the Federal Old-Age and Survivors Insurance Trust Fund for crediting by the Commissioner to each account holder's KidSave Account under subsection (a), an amount equal to the sum of-- ``(A) in the case of any individual born on or after January 1, 1999, $1000.00, on the date of the establishment of such individual's KidSave Account, and ``(B) in the case of any individual born on or after January 1, 1997, $500.00, on the 1st, 2nd, 3rd, 4th, and 5th birthdays of such individual occurring on or after January 1, 2002. ``(2) Adjustment for inflation.--For any calendar year after 2008, each of the dollar amounts under paragraph (1) shall be increased by the cost-of-living adjustment determined under section 215(i) for the calendar year. ``(c) Designations Regarding KidSave Accounts.-- ``(1) Initial designations of investment vehicle.--A person described in subsection (d) shall, on behalf of the individual described in subsection (a), designate the investment vehicle for the KidSave Account to which contributions on behalf of such individual are to be deposited. Such designation shall be made on the application for such individual's Social Security account number. ``(2) Changes in investment vehicles or types of kidsave accounts.--The Commissioner shall by regulation provide the time and manner by which-- ``(A) an individual or a person described in subsection (d) on behalf of such individual may change 1 or more investment vehicles for a KidSave Account described in subparagraph (A) of section 252(1), and ``(B) an individual who has attained age 18, may designate a KidSave Account described in subparagraph (B) of section 252(1) to which all or a portion of the amounts in an existing KidSave Account described in subparagraph (A) of such section are to be transferred. ``(d) Treatment of Minors and Incompetent Individuals.--Any designation under subsection (c) to be made by a minor, or an individual mentally incompetent or under other legal disability, may be made by the person who is constituted guardian or other fiduciary by the law of the State of residence of the individual or is otherwise legally vested with the care of the individual or his estate. Payment under this part due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. In any case in which a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the individual, if any other person, in the judgment of the Commissioner, is responsible for the care of such individual, any designation under subsection (c) which may otherwise be made by such individual may be made by such person, any payment under this part which is otherwise payable to such individual may be made to such person, and the payment of an annuity payment under this part to such person bars recovery by any other person. ``definitions and special rules ``Sec. 252. For purposes of this part-- ``(1) Kidsave accounts.-- ``(A) A KidSave Account described in this subparagraph is a KidSave Account in the KidSave Investment Fund (established under section 253) which is administered by the KidSave Investment Fund Board. ``(B) A Kidsave Account described in this subparagraph is any individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986), other than a Roth IRA (as defined in section 408A(b) of such Code), which is designated by an individual as a KidSave Account (in such manner as the Secretary of the Treasury may prescribe) and which is administered or issued by a bank or other person referred to in section 408(a)(2) of such Code. ``(2) Treatment of accounts.-- ``(A) In general.--Except as provided in subparagraph (B)-- ``(i) any KidSave Account described in paragraph (1)(A) shall be treated in the same manner as an account in the Thrift Savings Fund under subchapter III of chapter 84 of title 5, United States Code, and ``(ii) any KidSave Account described in paragraph (1)(B) shall be treated in the same manner as an individual retirement plan (as so defined). ``(B) Exceptions.-- ``(i) Contribution limit.--The aggregate amount of contributions for any taxable year to all KidSave Accounts of an individual shall not exceed the contribution made pursuant to section 251(b) for such year on behalf of such individual. ``(ii) Rollover contributions.--No rollover contribution may be made to a KidSave Account unless it is from another KidSave Account. A rollover described in the preceding sentence shall not be taken into account for purposes of clause (i). ``(iii) Distributions.--Notwithstanding any other provision of law, distributions may only be made from a KidSave Account of an individual on or after the earlier of-- ``(I) the date on which the individual begins receiving benefits under this title, or ``(II) the date of the individual's death. ``kidsave investment fund ``Sec. 253. (a) Establishment.--There is established and maintained in the Treasury of the United States a KidSave Investment Fund in the same manner as the Thrift Savings Fund under sections 8437, 8438, and 8439 of title 5, United States Code. ``(b) KidSave Investment Fund Board.-- ``(1) In general.--There is established and operated in the Social Security Administration a Kidsave Investment Fund Board in the same manner as the Federal Retirement Thrift Investment Board under subchapter VII of chapter 84 of title 5, United States Code. ``(2) Specific investment duties.--The Kidsave Investment Fund shall be managed by the Kidsave Investment Fund Board in the same manner as the Thrift Savings Fund is managed under subchapter VIII of chapter 84 of title 5, United States Code. ``appropriations to the federal old-age and survivors insurance trust fund ``Sec. 254. Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Federal Old- Age and Survivors Insurance Trust Fund such sums as are necessary to carry out this part.''.

Social Security KidSave Accounts Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to create a new part B (KidSave Accounts). Directs the Commissioner of Social Security to establish in the name of each individual born on or after January 1, 1997, an individual retirement account known as a KidSave Account. Requires the Secretary of the Treasury to transfer from the Federal OASDI Trust Fund to the Commissioner for crediting to each account holder's KidSave Account: (1) $1,000, on the date such individual's KidSave Account is established, in the case of any individual born on or after January 1, 1999; plus (2) in the case of any individual born on or after January 1, 1997, $500 on each of the individual's first five birthdays occurring on or after January 1, 2002. Establishes in the Treasury the KidSave Investment Fund in the same manner as the Thrift Savings Fund under the Federal Employees Retirement System (FERS). Establishes the KidSave Investment Fund Board in the Social Security Administration in the same manner as the Federal Retirement Thrift Investment Board under the FERS Thrift Savings Program. Requires the KidSave Investment Fund to be managed in the same manner as the FERS Thrift Savings Fund. Makes appropriations to the Federal OASDI Trust Fund of any sums necessary to carry out the KidSave Accounts program.

Social Security KidSave Accounts Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreational Fee Authority Act of 2002''. SEC. 2. RECREATION FEE AUTHORITY. (a) Definition of Secretary.--In this Act, the term ``Secretary'' means the Secretary of the Interior. (b) Definition of Agency.--In this Act, the term ``Agency'' means the National Park Service. (c) In General.--Beginning in fiscal year 2003 and thereafter, the Secretary is authorized to-- (1) establish, charge, and collect fees for the following: (A) admission to a unit, area, or site administered by the Agency; and (B) the use of Agency administered areas, lands, sites, facilities, and services (including reservations) by individuals and/or groups; (2) establish fair and equitable fees that are a result of a market analysis taking the following criteria into consideration-- (A) the benefits and services provided to the visitor; (B) the cumulative effect of fees charged to the public; (C) the comparable fees charged on other units, areas, sites, and other public agencies; (D) the comparable fees charged by nearby private sector operators; (E) the direct and indirect cost to the Government; (F) the revenue benefits to the Government; (G) the public policy or management objectives served; (H) the economic and administrative feasibility of fee collection; and (I) any other pertinent factors or criteria deemed necessary by the Secretary. (3) The Secretary shall ensure that individual park units assess only the minimum number of fees consistently on an agency-wide basis in order to avoid the collection of multiple or layered fees for a wide variety of uses, activities and/or programs. (4) The results of the market analysis, new fees, increases or decreases in established fees, shall be published in the Federal Register and any change in the amount of fees shall not take place until at least 12 months after the date the notice is published in the Federal Register. (d) Additional Authorities.--Beginning in fiscal year 2003 and thereafter, the Secretary is authorized to-- (1) enter into agreements, including contracts, which provide for reasonable commissions or reimbursements, with any public or private entity to provide visitor reservation services, fee collection and/or processing services; (2) use National Park Service volunteers, as appropriate to collect fees charged pursuant to Section 2(C); (3) in establishing fees under this Act, the Secretary may provide discounted or free admission days or use as deemed appropriate by the Secretary; (4) the Secretary may modify the National Park Passport, established pursuant to Public Law 105-391; and (5) the Secretary shall take such steps as may be necessary to provide information to the visitor concerning the various fees programs available to them and the costs and benefits of those programs. (e) State Agency Admission and Special Use Passes.--Beginning in fiscal year 2003 and thereafter-- (1) notwithstanding the Federal Grants Cooperative Agreements Act, the Secretary is authorized to 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, established pursuant to Public Law 105-391 (hereinafter referred to as the ``National Park Passport''), or as Public Law 105-391 may be amended. (2) State agency annual passes 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. (3) The Secretary may enter into revenue sharing agreements with other Federal agencies and/or Tribal governments to establish, charge and collect fees at areas, sites or projects located on other areas under the jurisdiction of the Secretary, the Secretary of Agriculture and/or the specific Tribal government in which the agreement is made. SEC. 3. DISTRIBUTION OF RECEIPTS. (a) In General.-- (1) The Secretary of the Treasury shall establish a special account in the Treasury for the Agency. (2) Amounts collected by the Agency under section 2 shall be deposited in its special account in the Treasury and shall remain available for expenditure without further appropriation until expended. (3) Amounts collected from sales of the National Park Passport, or from revenue sharing agreements entered into under section 2 of this Act shall be deposited in its special account in the Treasury in accordance with guidelines established by the Secretary of the Interior. (b) Distribution of Fees.--The amounts deposited in the special account established by subsection (a) shall be distributed as follows: (1) Not less than 80 percent of amounts collected pursuant to the Act at a specific area, site, or project as determined by the Secretary, shall remain available for use at the specific area, site, or project at which the fees were collected, except that the Secretary may change the allocation amount to not less than 60 percent of fees collected to be returned to the area, site, or project when the Secretary determines that site specific revenues in any given fiscal year exceed that site's reasonable needs for that year; except that for those units of the National Park System which participate in an active revenue sharing agreement with a State under section 2(e) of this Act, not less than 90 percent of amounts collected pursuant to this Act at a specific area, site, or project as determined by the Secretary shall remain for use at the specific area, site, or project at which the fees were collected. (2) The balance of the amounts collected at a specific area, site, or project not distributed in accordance with paragraph (1), shall remain available for use by the Agency on an agency-wide basis as determined by the Secretary. (3) Monies generated as a result of revenue sharing agreements established pursuant to section 2(e) may provide for a fee-sharing arrangement among the parties to the revenue sharing agreement. Agency shares of fees collected shall be deposited and distributed as described in subsection (b) equally to all units of the National Park System in the specific State that are parties to the revenue sharing agreement. (4) Monies generated as a result of the sale of the National Park Passport shall be distributed as follows: not less than 50 percent of the amounts collected pursuant this Act, as determined by the Secretary shall remain available for use at the specific area, site, or project at which the fees were collected, the balance of the monies generated 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 under section 3 of this Act 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 the revenues derived under the authorities of this Act 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 impacts. SEC. 5. REPORTS. (a) Once every three years after the enactment of this Act the Secretary shall submit to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives a report detailing the status of the Recreation Fee Program conducted in units of the National Park System: (1) the report under this section shall contain an evaluation of the Recreation Fee Program conducted at each unit of the National Park System; (2) with respect to each unit of the National Park System where a fee is charged under the authorities granted by this Act, a description of projects that were funded, work accomplished, and a description of future projects and programs identified for funding with monies expected to be generated under the authorities granted by this Act; and (3) any recommendations for changes in the overall fee system along with any justification as appropriate. SEC. 6. REGULATIONS. The Secretary may promulgate such rules and regulations as may be necessary to implement this Act.

Recreational Fee Authority Act of 2002 - Authorizes the Secretary of the Interior to establish and collect fees for: (1) admission to a unit, area, or site administered by the National Park Service (NPS); and (2) the use of NPS administered areas, lands, sites, facilities, and services. Sets forth considerations for establishment of fair and equitable fees, including the Government's costs and revenues and the cumulative effect of fees charged to the public.Authorizes the Secretary to: (1) enter into agreements that provide for reasonable commissions or reimbursements with public or private entities to provide visitor reservation services and fee collection and/or processing services; (2) use NPS volunteers to collect fees; (3) modify the National Park Passport; (4) enter into revenue sharing agreements with State agencies to accept their annual passes for NPS units within the State and convey the same privileges, terms, and conditions as offered under the National Park Passport; and (5) enter into agreements with other Federal agencies and/or tribal governments to establish and collect fees at areas, sites, or projects located on other areas under the jurisdiction of the Secretary, the Secretary of Agriculture, and/or the tribal government.Requires: (1) fees collected by NPS to be deposited into a special Treasury account; (2) at least 80 percent of the fees collected at an area, site, or project to remain available for use at that area, site, or project (with specified exceptions); (3) at least 50 percent of the fees collected as a result of the sale of the National Park Passport to remain available for use at the area where they were collected; and (4) not more than 15 percent of the derived revenues to be used to administer the recreation fee program.

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

<greek-th> x <greek-th> x <greek-th> x SECTION 1. SHORT TITLE.<greek-th> x This Act may be cited as the ``Terrorism Insurance Backstop Extension Act of 2004''.<greek-th> x SEC. 2. EXTENSION OF TERRORISM INSURANCE PROGRAM.<greek-th> x (a) Program Years 4 and 5.--Paragraph (11) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following new subparagraphs:<greek-th> x ``(E) Program year 4.--The term `Program Year 4' means the period beginning on January 1, 2006 and ending on December 31, 2006.<greek-th> x ``(F) Program year 5.--The term `Program Year 5' means the period beginning on January 1, 2007 and ending on December 31, 2007.''.<greek-th> x (b) Insurer Deductible.--Paragraph (7) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- <greek-th> x (1) by redesignating subparagraph (E) as subparagraph (G);<greek-th> x (2) in subparagraph (D), by striking ``and'' at the end;<greek-th> x (3) by inserting after subparagraph (D) the following new subparagraphs:<greek-th> x ``(E) for Program Year 4, the value of an insurer's direct earned premiums over the calendar year immediately preceding Program Year 4, multiplied by 15 percent;<greek-th> x ``(F) for Program Year 5, the value of an insurer's direct earned premiums over the calendar year immediately preceding Program Year 4, multiplied by 20 percent; and''; and<greek-th> x (4) in subparagraph (G) (as so redesignated by paragraph (1) of this subsection)--<greek-th> x (A) by striking ``(D)'' and inserting ``(F)''; and<greek-th> x (B) by striking ``or Program Year 3'' and inserting ``Program Year 3, Program Year 4, or Program Year 5''.<greek-th> x (c) Mandatory Availability.--Subsection (c) of section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- <greek-th> x (1) by striking all of the matter that precedes subparagraph (A) of paragraph (1) and inserting the following:<greek-th> x ``(c) Mandatory Availability.--During the Program, each entity that meets the definition of an insurer under section 102--'';<greek-th> x (2) by striking paragraph (2); and<greek-th> x (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2) and realigning such paragraphs, as so redesignated, so as to be indented 2 ems from the left margin.<greek-th> x (d) Insured Loss Shared Compensation.--Subsection (e) of section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--<greek-th> x (1) in paragraph (2)(A), by striking ``or Program Year 3'' and inserting ``, Program Year 3, Program Year 4, or Program Year 5'';<greek-th> x (2) in paragraph (3), by striking ``or Program Year 3'' and inserting ``, Program Year 3, Program Year 4, or Program Year 5'';<greek-th> x (3) in paragraph (6)--<greek-th> x (A) in subparagraph (B), by striking ``and'' at the end;<greek-th> x (B) in subparagraph (C) by striking the period at the end and inserting a semicolon; and<greek-th> x (C) by adding at the end the following new subparagraphs:<greek-th> x ``(D) for Program Year 4, the lesser of-- <greek-th> x ``(i) $17,500,000,000; and<greek-th> x ``(ii) the aggregate amount, for all insurers, of insured losses during such Program Year;<greek-th> x ``(E) for Program Year 5, the lesser of-- <greek-th> x ``(i) $20,000,000,000; and<greek-th> x ``(ii) the aggregate amount, for all insurers, of insured losses during such Program Year; and''; and<greek-th> x (4) in paragraph (7)--<greek-th> x (A) in subparagraph (A), by striking ``and (C)'' and inserting ``(C), (D), and (E)''; and<greek-th> x (B) in subparagraphs (B) and (C), by striking ``or (C)'' each place such term appears and inserting ``(C), (D), or (E)''.<greek-th> x (e) Coverage of Group Life Insurance.--<greek-th> x (1) In general.--Paragraph (5) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended in the matter that precedes subparagraph (A) by inserting ``or group life'' after ``property and casualty''.<greek-th> x (2) Technical and conforming amendments.--The Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- <greek-th> x (A) in section 102--<greek-th> x (i) in paragraph (1)--<greek-th> x (I) in subparagraph (B)(i), by inserting ``or group life insurance'' after ``workers' compensation''; and<greek-th> x (II) in subparagraph (B)(ii), by inserting ``and group life insurance'' after ``property and casualty insurance'';<greek-th> x (ii) in paragraph (4)--<greek-th> x (I) by inserting ``or for group life insurance'' after ``property and casualty insurance''; and<greek-th> x (II) by striking ``paragraph (5)'' and inserting ``paragraph (6)''; <greek-th> x (iii) in paragraph (5), by inserting ``and group life insurance'' after ``workers' compensation''; and<greek-th> x (iv) in paragraph (6)--<greek-th> x (I) in subparagraph (A)(i), by inserting ``property and casualty or group life'' after ``excess'';<greek-th> x (II) in subparagraph (B), by inserting ``or group life insurance coverage'' after ``property and casualty insurance coverage'';<greek-th> x (v) by redesignating paragraphs (5) through (16) as paragraphs (6) through (17), respectively; and<greek-th> x (vi) by inserting after paragraph (4), the following new paragraph:<greek-th> x ``(5) Group life insurance.--The term `group life insurance' means an insurance contract that provides term life insurance coverage, accidental death coverage, or a combination thereof, for a number of persons under a single contract, on the basis of a group selection of risks.'';<greek-th> x (B) in section 103--<greek-th> x (i) in subsection (b)(1), by inserting ``(including a named beneficiary in the case of a group life insurance policy)'' before the second comma;<greek-th> x (ii) in subsection (c)--<greek-th> x (I) in paragraph (1) (as so redesignated by subsection (c)(3) of this section), by inserting ``and group life'' after ``property and casualty''; and<greek-th> x (II) in paragraph (2) (as so redesignated by subsection (c)(3) of this section), by inserting ``and group life'' after ``property and casualty'';<greek-th> x (iii) in subsection (e)--<greek-th> x (I) in paragraph (6), by striking ``For'' and inserting ``Except as provided in subparagraph (F) of this paragraph, for'';<greek-th> x (II) in paragraph (6), by inserting after subparagraph (E) (as added by subsection (d)(3)(C) of this section) the following new subparagraph:<greek-th> x ``(F) for each of the periods referred to in subparagraphs (A) through (E), the amounts provided under such subparagraphs, as such amounts shall be increased by the Secretary before the expiration of the 90-day period beginning on the date of the enactment of the Terrorism Insurance Backstop Extension Act of 2004, based on the increase in the size of the Program caused by the inclusion of group life insurance pursuant to such Act, in proportion to the increased premiums involved.'';<greek-th> x (III) in paragraph (7)(C), by inserting ``or group life insurance'' after ``workers compensation'';<greek-th> x (IV) in paragraph (8)(A)(i), by inserting ``and group life'' after ``property and casualty''; and<greek-th> x (V) in paragraph (8), by inserting ``or group life'' after ``property and casualty'' each place such term appears in subparagraphs (A)(iii) and (C); and<greek-th> x (iv) by striking subsection (h);<greek-th> x (C) in section 105(c), by inserting ``or group life'' after ``property and casualty''; and<greek-th> x (D) in section 108(d)(1), by inserting ``and the group life insurance industry'' after ``property and casualty insurance industry''.<greek-th> x (3) Required rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue final regulations to carry out this subsection.<greek-th> x (f) Study on Long-Term Solutions.--Section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking subsection (i) and inserting the following new subsection:<greek-th> x ``(h) Study on Long-Term Solutions.--By June 1, 2005, the Secretary shall conduct a study and submit a report to the Congress on alternatives for expanding the availability and affordability of terrorism insurance after the termination of the Program that do not involve a Federal financial backstop.''.<greek-th> x (g) Termination of Program.--<greek-th> x (1) Termination.--Subsection (a) of section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2007''.<greek-th> x (2) Final gao study and report.--Subsection (d) of section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following new paragraph:<greek-th> x ``(3) Final gao study and report.--The Comptroller General of the United States shall conduct an assessment of the matters referred to in paragraph (1) and shall submit a report to the Congress, not later than June 30, 2007, on the results of such study.''.<greek-th> x <greek-th> x <greek-th> x <greek-th> x <greek-th> x <greek-th> x

Terrorism Insurance Backstop Extension Act of 2004 - Amends the Terrorism Risk Insurance Act of 2002 to define: (1) the term "Program Year 4" as the period from January 1, 2006, through December 31, 2006; and (2) the term "Program Year 5" as the period from January 1, 2007, through December 31, 2007 (thereby extending the terrorism risk insurance program from 2005 through 2007). Sets a deadline for the Secretary of the Treasury to make a final determination regarding: (1) the availability of group life insurance to both insurers and consumers; and (2) whether certain provisions of the Act shall be applied to providers of group life insurance. Sunsets the Terrorism Risk Insurance Program after December 31, 2007.

To extend the terrorism insurance program of the Department of the Treasury.

SECTION 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION. (a) Establishment.--There is established a Commission on Structural Alternatives for the Federal Courts of Appeals (hereinafter referred to as the ``Commission''). (b) Functions.--The functions of the Commission shall be to-- (1) study the present division of the United States into the several judicial circuits; (2) study the structure and alignment of the Federal court of appeals system, with particular reference to the Ninth Circuit; and (3) report recommendations to the President and Congress on appropriate changes in circuit boundaries or structure for the expeditious and effective disposition of the caseload of the Federal Courts of Appeals, consistent with fundamental concepts of fairness and due process. SEC. 2. MEMBERSHIP. (a) Composition.--The Commission shall be composed of 8 members appointed as follows: (1) One member appointed by the President of the United States. (2) Three members appointed by the Majority Leader of the Senate. (3) Three members appointed by the Speaker of the House of Representatives. (4) One member appointed by the Chief Justice of the United States. (b) Vacancy.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. (c) Chair.--The Commission shall elect a Chair and Vice Chair from among its members. (d) Quorum.--Four members of the Commission shall constitute a quorum, but 3 may conduct hearings. SEC. 3. COMPENSATION. (a) In General.--Members of the Commission who are Federal officers or employees shall receive no additional compensation for their services, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. (b) Non-Federal Members.--Any member of the Commission who is not a Federal officer or employee shall receive $200 for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission, plus reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of such duties, but not in excess of the maximum amounts authorized under section 456 of title 28, United States Code. SEC. 4. PERSONNEL. (a) Executive Director.--The Commission may appoint an Executive Director who shall receive compensation at a rate not exceeding the rate prescribed for level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Staff.--The Executive Director, with the approval of the Commission, may appoint and fix the compensation of such additional personnel as the Executive Director determines necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service or the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. Compensation under this subsection shall not exceed the annual maximum rate of basic pay for a position above GS-15 of the General Schedule under section 5108 of title 5, United States Code. (c) Experts and Consultants.--The Executive Director may procure personal services of experts and consultants as authorized under section 3109 of title 5, United States Code, at rates not to exceed the highest level payable under the General Schedule pay rates under section 5332 of title 5, United States Code. (d) Services.--The Administrative Office of the United States Courts shall provide administrative services, including financial and budgeting services, for the Commission on a reimbursable basis. The Federal Judicial Center shall provide necessary research services on a reimbursable basis. SEC. 5. INFORMATION. The Commission is authorized to request from any department, agency, or independent instrumentality of the Government any information and assistance the Commission determines necessary to carry out its functions under this Act. Each such department, agency, and independent instrumentality is authorized to provide such information and assistance to the extent permitted by law when requested by the Chair of the Commission. SEC. 6. REPORT. No later than 1 year after the date of the enactment of this Act, or June 30, 1998, whichever occurs first, the Commission shall submit its report to the President and the Congress under section 1(b). The Commission shall terminate 90 days after the date of the submission of the report. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Commission the sum of $500,000 to carry out this Act.

Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits and the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit; and (2) report its recommendations for changes to the President and the Congress by the earlier of June 30, 1998, or one year after enactment of this Act. Authorizes appropriations.

To establish a Commission on Structural Alternatives for the Federal Courts of Appeals.

SECTION 1. SHORT TITLE. (a) The Act may be cited as the ``Kleptocracy Asset Recovery Rewards Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The Stolen Asset Recovery Initiative (StAR), a World Bank and United Nations anti-money-laundering effort, estimates that between $20 billion to $40 billion has been lost to developing countries annually through corruption. (2) In 2014, more than $480 million in corruption proceeds hidden in bank accounts around the world by former Nigerian dictator Sani Abacha and his co-conspirators was forfeited through efforts by the Department of Justice. (3) In 2010, the Department of Justice established the Kleptocracy Asset Recovery Initiative, to work in partnership with Federal law enforcement agencies to forfeit the proceeds of foreign official corruption and, where appropriate, return those proceeds to benefit the people harmed by these acts of corruption and abuse of office. (4) Of the $20 billion to $40 billion lost by developing countries annually through corruption, only about $5 billion has been repatriated in the last 15 years. (5) Governments weakened by corruption and loss of assets due to corruption have fewer resources to devote to the fight against terrorism and fewer resources to devote to building strong financial, law enforcement, and judicial institutions to aid in the fight against the financing of terrorism. (6) The United States has a number of effective programs to reward individuals who provide valuable information that assist in the identification, arrest, and conviction of criminal actors and their associates, as well as seizure and forfeiture of illicitly derived assets and the proceeds of criminal activity. (7) The Internal Revenue Service has the Whistleblower Program, which pays awards to individuals who provide specific and credible information to the IRS if the information results in the collection of taxes, penalties, interest or other amounts from noncompliant taxpayers. (8) The Department of State administers rewards programs on international terrorism, illegal narcotics, and transnational organized crime with the goal of bringing perpetrators to justice. (9) None of these existing rewards programs specifically provide monetary incentives for identifying and recovering stolen assets linked solely to foreign government corruption, as opposed to criminal prosecutions or civil or criminal forfeitures. (10) The recovery of stolen assets linked to foreign government corruption and the proceeds of such corruption may not always involve a BSA violation or lead to a forfeiture action. In such cases there would be no ability to pay rewards under existing Treasury Department authorities. (11) Foreign government corruption can take many forms but typically entails government officials stealing, misappropriating, or illegally diverting assets and funds from their own government treasuries to enrich their personal wealth directly through embezzlement or bribes to allow government resources to be expended in ways that are not transparent and may not either be necessary or be the result of open competition. Corruption also includes situations where public officials take bribes to allow government resources to be expended in ways which are not transparent and may not be necessary or the result of open competition. These corrupt officials often use the United States and international financial system to hide their stolen assets and the proceeds of corruption. (12) The individuals who come forward to expose foreign governmental corruption and kleptocracy often do so at great risk to their own safety and that of their immediate family members and face retaliation from persons who exercise foreign political or governmental power. Monetary rewards and the potential award of asylum can provide a necessary incentive to expose such corruption and provide a financial means to provide for their well-being and avoid retribution. (b) Sense of Congress.--It is the sense of Congress that a Department of the Treasury stolen asset recovery rewards program to help identify and recover stolen assets linked to foreign government corruption and the proceeds of such corruption hidden behind complex financial structures is needed in order to-- (1) intensify the global fight against corruption; and (2) serve United States efforts to identify and recover such stolen assets, forfeit proceeds of such corruption, and, where appropriate and feasible, return the stolen assets or proceeds thereof to the country harmed by the acts of corruption. SEC. 3. IN GENERAL. (a) Department of the Treasury Kleptocracy Asset Recovery Rewards Program.--Chapter 97 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 9706. Department of the Treasury Kleptocracy Asset Recovery Rewards Program ``(a) Establishment.-- ``(1) In general.--There is established in the Department of the Treasury a program to be known as the `Kleptocracy Asset Recovery Rewards Program' for the payment of rewards to carry out the purposes of this section. ``(2) Purpose.--The rewards program shall be designed to support U.S. Government programs and investigations aimed at restraining, seizing, forfeiting, or repatriating stolen assets linked to foreign government corruption and the proceeds of such corruption. ``(3) Implementation.--The rewards program shall be administered by, and at the sole discretion of, the Secretary of the Treasury, in consultation, as appropriate, with the Secretary of State, the Attorney General, and the heads of such other departments and agencies as the Secretary may find appropriate. ``(b) Rewards Authorized.--In the sole discretion of the Secretary and in consultation, as appropriate, with the heads of other relevant Federal departments or agencies, the Secretary may pay a reward to any individual, or to any nonprofit organization designated by such individual, if that individual furnishes information leading to-- ``(1) the restraining or seizure of stolen assets in an account at a U.S. financial institution (including a U.S. branch of a foreign financial institution), that come within the United States, or that come within the possession or control of any United States person; ``(2) the forfeiture of stolen assets in an account at a U.S. financial institution (including a U.S. branch of a foreign financial institution), that come within the United States, or that come within the possession or control of any United States person; or ``(3) where appropriate, the repatriation of stolen assets in an account at a U.S. financial institution (including a U.S. branch of a foreign financial institution), that come within the United States, or that come within the possession or control of any United States person. ``(c) Coordination.-- ``(1) Procedures.--To ensure that the payment of rewards pursuant to this section does not duplicate or interfere with any other payment authorized by the Department of Justice or other Federal law enforcement agencies for the obtaining of information or other evidence, the Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and the heads of such other agencies as the Secretary may find appropriate, shall establish procedures for the offering, administration, and payment of rewards under this section, including procedures for-- ``(A) identifying actions with respect to which rewards will be offered; ``(B) the receipt and analysis of data; and ``(C) the payment of rewards and approval of such payments. ``(2) Prior approval of the attorney general required.-- Before making a reward under this section in a matter over which there is Federal criminal jurisdiction, the Secretary of the Treasury shall obtain the written concurrence of the Attorney General. ``(d) Payment of Rewards.-- ``(1) Authorization of appropriations.--For the purpose of paying rewards pursuant to this section, there is authorized to be appropriated $450,000 for fiscal year 2019. ``(2) Limitation on annual payments.--Except as provided under paragraph (3), the total amount of rewards paid pursuant to this section may not exceed $25,000,000 in any calendar year. ``(3) Presidential authority.--The President may waive the limitation under paragraph (2) with respect to a calendar year if the President provides written notice of such waiver to the Secretary and the appropriate committees of the Congress at least 30 days before any payment in excess of such limitation is made pursuant to this section. ``(4) Payment from stolen asset amounts.--In paying any reward under this section with respect to information furnished by an individual, the Secretary shall, to the extent possible, make such payments using the stolen assets recovered based on such information before using appropriated funds authorized under paragraph (1). ``(e) Limitations and Certification.-- ``(1) Submission of information.--No award may be made under this section based on information submitted to the Secretary unless such information is submitted under penalty of perjury. ``(2) Maximum amount.--No reward paid under this section may exceed $5,000,000, except as personally authorized in writing by the Secretary, if the Secretary determines that offer or payment of a reward of a greater amount is necessary in exceptional cases. ``(3) Approval.-- ``(A) In general.--No reward amount may be paid under this section without the written approval and certification of the Secretary. ``(B) Delegation.--The Secretary may not delegate the certification required under subparagraph (A) to anyone other than an Under Secretary of the Department of the Treasury. ``(4) Protection measures.--If the Secretary determines that the identity of the recipient of a reward or of the members of the recipient's immediate family must be protected, the Secretary shall take such measures in connection with the payment of the reward as the Secretary considers necessary to effect such protection. ``(5) Forms of reward payment.--The Secretary may make a reward under this section in the form of a monetary payment. ``(f) Ineligibility, Reduction in, or Denial of Reward.-- ``(1) Officer and employees.--An officer or employee of any entity of Federal, State, or local government or of a foreign government who, while in the performance of official duties, furnishes information described under subsection (b) shall not be eligible for a reward under this section. ``(2) Participating individuals.--If the claim for a reward is brought by an individual who planned, initiated, directly participated in, or facilitated the actions that led to assets of a foreign state or governmental entity being stolen, misappropriated, or illegally diverted or to the payment of bribes or other foreign governmental corruption, the Secretary may appropriately reduce such award. If such individual is convicted of criminal conduct arising from the role described in the preceding sentence, the Secretary shall deny any reward. ``(g) Determinations of Secretary.--A determination made by the Secretary under this section shall be final and conclusive and shall not be subject to judicial review. ``(h) Report.-- ``(1) In general.--Within 180 days of the enactment of this section, and annually thereafter, the Secretary shall issue a report to the appropriate committees of the Congress-- ``(A) detailing to the greatest extent possible the amount, location, and ownership or beneficial ownership of any stolen assets that, on or after the date of the enactment of this section, come within the United States or that come within the possession or control of any United States person, including any foreign branch; ``(B) discussing efforts being undertaken to identify more such stolen assets and their owners or beneficial owners; and ``(C) including a discussion of the interactions of the Department of the Treasury with the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act) to identify the amount, location, and ownership, or beneficial ownership, of stolen assets held in financial institutions outside the United States. ``(2) Exception for ongoing investigations.--The report issued under paragraph (1) shall not include information related to ongoing investigations. ``(i) Definitions.--For purposes of this section: ``(1) Appropriate committees of the congress.--The term `appropriate committees of the Congress' means the Committees on Financial Services, Foreign Affairs, and the Judiciary of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs, Foreign Relations, and the Judiciary of the Senate. ``(2) Financial asset.--The term `financial asset' means any funds, investments, or ownership interests, as defined by the Secretary, that on or after the date of the enactment of this section come within the United States or that come within the possession or control of any United States person, including through a U.S. branch of a foreign financial institution. ``(3) Foreign government corruption.--The term `foreign government corruption' includes bribery of a foreign public official, or the misappropriation, theft, or embezzlement of public funds or property by or for the benefit of a foreign public official. ``(4) Foreign public official.--The term `foreign public official' includes any person who occupies a public office by virtue of having been elected, appointed, or employed, including any military, civilian, special, honorary, temporary, or uncompensated official. ``(5) Immediate family member.--The term `immediate family member', with respect to an individual, has the meaning given the term `member of the immediate family' under section 36(k) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(k)). ``(6) Rewards program.--The term `rewards program' means the program established in subsection (a)(1) of this section. ``(7) Secretary.--The term `Secretary' means the Secretary of the Treasury. ``(8) Stolen assets.--The term `stolen assets' means financial assets within the jurisdiction of the United States, constituting, derived from, or traceable to, any proceeds obtained directly or indirectly from foreign government corruption.''. (b) Report on Disposition of Recovered Assets.--Within 180 days of the enactment of this Act, the Secretary of the Treasury shall issue a report to the appropriate committees of Congress (as defined under section 9706(i) of title 31, United States Code) describing policy choices for disposition of stolen assets recovered pursuant to section 9706 of title 31, United States Code. (c) Table of Contents Amendment.--The table of contents for chapter 97 of title 31, United States Code, is amended by adding at the end the following: ``9706. Department of the Treasury Kleptocracy Asset Recovery Rewards Program.''.

Kleptocracy Asset Recovery Rewards Act This bill establishes in the Department of the Treasury the Kleptocracy Asset Recovery Rewards Program. The program may provide rewards to individuals furnishing information leading to the restraining, seizure, forfeiture, or repatriation of stolen assets linked to foreign government corruption.

Kleptocracy Asset Recovery Rewards Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Chronic Kidney Disease Management Act of 2002''. SEC. 2. DELAYING ONSET OF ESRD. (a) Medicare Coverage of Chronic Kidney Disease Patients.-- (1) In general.--Section 226A of the Social Security Act (42 U.S.C. 426-1) is amended-- (A) by redesignating the last subsection as subsection (e); and (B) by inserting after subsection (c) the following new subsection: ``(d)(1)(A) Notwithstanding any provision to the contrary in section 226 or title XVIII, every qualified chronic kidney disease patient (as defined in paragraph (2)) shall, in accordance with the succeeding provisions of this section, be entitled to benefits under part A and eligible to enroll under part B of title XVIII, subject to the deductible, premium, and coinsurance provisions of that title. ``(B) No qualified chronic kidney disease patient may enroll under part C of title XVIII. ``(2) For purposes of this subsection, the term ``qualified chronic kidney disease patient'' means an individual-- ``(A) who would otherwise be described in subsection (a) but for paragraph (2) of that subsection; ``(B) who has been diagnosed with chronic kidney disease; ``(C) with respect to whom, a physician certifies that-- ``(i) the individual, under generally accepted clinical standards, will likely need dialysis treatments or a kidney transplant within the two-year period beginning on the date of certification; and ``(ii) the individual may benefit from a program of pre-ESRD services (as defined in section 1861(ww)(1)); and ``(D) who certifies that the individual does not have health insurance coverage.''. (2) Conforming amendments.--Section 1811 of such Act (42 U.S.C. 1395c) is amended by inserting before the period the following: ``or who are qualified chronic kidney disease patient (as defined in section 226A(d)(2))''. (3) Effective Date.--The amendments made by this subsection shall take effect January 1, 2004. (b) Coverage of pre-ESRD Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) by striking ``and'' at the end of subparagraph (U); (B) by inserting ``and'' at the end of subparagraph (V); and (C) by adding at the end the following new subparagraph: ``(W) pre-ESRD services (as defined in subsection (ww)(1)) for an individual who has been diagnosed with chronic kidney disease and, with respect to whom, a physician certifies that-- ``(i) the individual, under generally accepted clinical standards, will likely need dialysis treatments within the two-year period beginning on the date of certification; and ``(ii) the individual may benefit from a program of pre-ESRD services;''. (2) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Pre-ESRD Services ``(ww)(1) The term `pre-ESRD Services' means any or all of the following services: ``(A) Individual and group nutritional counseling services for the purpose of chronic kidney disease management that are furnished by a registered dietitian or nutrition professional (as defined in subsection (vv)(2)) pursuant to a referral by a physician (as defined in subsection (r)(1)). ``(B) Counseling furnished by qualified health care providers that-- ``(i) provides comprehensive information regarding the management of comorbidities, and the prevention of uremic complications; ``(ii) ensures active participation of the individual in the choice of therapy or therapies; and ``(iii) provides comprehensive information regarding modalities of treatment for kidney disease and end-stage renal disease, including organ transplantation, hemodialysis, peritoneal dialysis, and home dialysis. ``(C) Counseling, items and services, including tissue typing, furnished by qualified health care providers for preparation of possible organ transplantation. ``(D) Items and services furnished by qualified health care providers for the preparation of vascular access required for dialysis treatment. ``(E) Such other services as the Secretary determines appropriate, in consultation with national organizations representing individuals and entities who furnish pre-ESRD services and patients receiving such services. ``(2) The Secretary shall establish such criteria as the Secretary determines appropriate for qualifications required for individuals to furnish pre-ESRD services under paragraph (1).''. (3) Payment amount.-- (A) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and'' before ``(U)''; and (ii) by inserting before the semicolon at the end the following: ``, and (V) with respect to pre-ESRD services, the amount paid shall be 80 percent of the amount determined under the fee schedule established under section 1834(e)''. (B) Establishment of fee schedule.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by inserting after subsection (d) the following new subsection: ``(e) Fee Schedule for pre-ESRD Services.-- ``(1) In general.--The Secretary shall establish a fee schedule for payment for pre-ESRD services in accordance with the requirements of this subsection. ``(2) Considerations.--In establishing such fee schedule, the Secretary shall-- ``(A) establish mechanisms to promote the efficient delivery of care; ``(B) establish definitions for pre-ESRD services which link payments to the type of services provided; ``(C) consider appropriate regional and operational differences; and ``(D) consider adjustments to payment rates to account for inflation and other relevant factors. ``(3) Consultation.--In establishing the fee schedule for pre-ESRD services under this subsection, the Secretary shall consult with various national organizations representing individuals and entities who furnish pre-ESRD services and patients receiving such services. ``(4) Coding system.--The Secretary may require the claim for any services for which the amount of payment is determined under this subsection to include a code (or codes) under a uniform coding system specified by the Secretary that identifies the services furnished.''. (3) Permitting dialysis facilities to bill for pre-ESRD services furnished in the facility.--Section 1881(b) is amended by adding at the end the following new paragraph: ``(12) A renal dialysis facility may provide for the furnishing of some or all pre-ESRD services (as defined in section 1861(ww)(2). The facility may submit to the Secretary a claim for payment for such services furnished in the facility, and the Secretary shall not require the facility, or the employee of the facility who is qualified to furnish such services, to apply for a separate provider number for purposes of payment under this title.''.

Medicare Chronic Kidney Disease Management Act of 2002 - Entitles qualified chronic kidney disease patients to benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act. Prohibits enrollment of chronic kidney disease patients in part C (Medicare+Choice) of the Social Security Act.

To amend the Social Security Act to provide for coverage under the Medicare Program of chronic kidney disease patients who are not end-stage renal disease patients.

SECTION 1. SHORT TITLE. This Act may be cited as the ``San Juan Mountains Wilderness Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Covered land.--The term ``covered land'' means-- (A) land designated as wilderness under paragraphs (20) through (22) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756); and (B) land in the Special Management Area. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) Special management area.--The term ``Special Management Area'' means the Sheep Mountain Special Management Area designated by section 4(a). (4) State.--The term ``State'' means the State of Colorado. SEC. 3. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756) is amended by adding at the end the following: ``(20) Lizard head wilderness addition.--Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 3,350 acres, as generally depicted on the map entitled `Proposed Wilson, Sunshine, Black Face and San Bernardo Additions to the Lizard Head Wilderness' and dated December 1, 2010, which is incorporated in, and shall be administered as part of, the Lizard Head Wilderness. ``(21) Mount sneffels wilderness additions.-- ``(A) Liberty bell and last dollar additions.-- Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 8,250 acres, as generally depicted on the map entitled `Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness' and dated December 1, 2010, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness. ``(B) Whitehouse additions.--Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 13,000 acres, as generally depicted on the map entitled `Proposed Whitehouse Additions to the Mt. Sneffels Wilderness' and dated December 1, 2010, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness. ``(22) Mckenna peak wilderness.--Certain Federal land in the State of Colorado comprising approximately 8,600 acres of Bureau of Land Management land, as generally depicted on the map entitled `McKenna Peak Wilderness' and dated November 10, 2010, to be known as the `McKenna Peak Wilderness'.''. SEC. 4. SHEEP MOUNTAIN SPECIAL MANAGEMENT AREA. (a) Designation.--Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan National Forests comprising approximately 21,620 acres as generally depicted on the map entitled ``Proposed Sheep Mountain Special Management Area'' and dated December 2, 2010, is designated as the ``Sheep Mountain Special Management Area''. (b) Purpose.--The purpose of the Special Management Area is to conserve and protect for the benefit and enjoyment of present and future generations the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, riparian, historical, educational, and scenic resources of the Special Management Area. (c) Management.-- (1) In general.--The Secretary shall manage the Special Management Area in a manner that-- (A) conserves, protects, and enhances the resources and values of the Special Management Area described in subsection (b); (B) maintains or improves the wilderness character of the Special Management Area and the suitability of the Special Management Area for potential inclusion in the National Wilderness Preservation System; and (C) is in accordance with-- (i) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); (ii) this Act; and (iii) any other applicable laws. (2) Prohibitions.--The following shall be prohibited in the Special Management Area: (A) Permanent roads. (B) Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety-- (i) the use of motor vehicles, motorized equipment, or mechanical transport (other than provided in paragraph (3)); and (ii) the establishment of temporary roads. (3) Authorized activities.-- (A) In general.--The Secretary may allow any activities (including helicopter access for recreation and maintenance) that have been authorized by permit or license as of the date of enactment of this Act to continue within the Special Management Area, subject to such terms and conditions as the Secretary may require. (B) Permitting.--The designation of the Special Management Area by subsection (a) shall not affect the issuance of permits relating to the activities covered under subparagraph (A) after the date of enactment of this Act. (d) Water.-- (1) Effect.--Nothing in this section-- (A) affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water; (B) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (C) affects any interstate water compact in existence on the date of enactment of this Act; (D) authorizes or imposes any new reserved Federal water rights; or (E) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act. (2) State water law.--The Secretary shall follow the procedural requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the covered land. (3) New or expanded projects.--Notwithstanding any other provision of law, beginning on the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission, other ancillary facility, or other water, diversion, storage, or carriage structure in the covered land. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Authorized Events.--The Secretary may continue to authorize the competitive running event permitted since 1992 in the vicinity of the Special Management Area and the Liberty Bell addition to the Mount Sneffels Wilderness designated by section 2(a)(21) of the Colorado Wilderness Act of 1993 (as added by section 3) in a manner compatible with the preservation of the areas as wilderness. (b) Fish and Wildlife.--Nothing in this Act affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State. (c) No Buffer Zones.-- (1) In general.--Nothing in this Act creates a protective perimeter or buffer zone around covered land. (2) Activities outside wilderness.--The fact that a nonwilderness activity or use on land outside of the covered land can be seen or heard from within covered land shall not preclude the conduct of the activity or use outside the boundary of the covered land. (d) Maps and Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary or the Secretary of the Interior, as appropriate, shall file a map and a legal description of each wilderness area designated by paragraphs (20) through (22) of section 2(a) of the Colorado Wilderness Act of 1993 (as added by section 3) and the Special Management Area with-- (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law.--Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary or the Secretary of the Interior, as appropriate, may correct clerical and typographical errors in each map and legal description. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the Forest Service. (e) Acquisition of Land.-- (1) In general.--The Secretary or the Secretary of the Interior, as appropriate, may acquire any land or interest in land within the boundaries of the Special Management Area or the wilderness designated under paragraphs (20) through (22) of section 2(a) of the Colorado Wilderness Act of 1993 (as added by section 3) only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness or Special Management Area in which the land or interest in land is located. (f) Grazing.--The grazing of livestock on covered land, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary with jurisdiction over the covered land, in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405) and H.R. 5487 of the 96th Congress (H. Rept. 96-617). (g) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the covered land and the approximately 6,600 acres generally depicted on the map entitled ``Proposed Naturita Canyon Mineral Withdrawal Area'' and dated January 26, 2010, is withdrawn from-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 6. TECHNICAL CORRECTION. Subtitle E of title II of Public Law 111-11 (16 U.S.C. 460zzz et seq.) is amended-- (1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as section 2409; and (2) by inserting after section 2407 (16 U.S.C. 460zzz-6) the following: ``SEC. 2408. RELEASE. ``(a) In General.--Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the Dominguez Canyon Wilderness Study Area not designated as wilderness by this subtitle have been adequately studied for wilderness designation. ``(b) Release.--Any public land referred to in subsection (a) that is not designated as wilderness by this subtitle-- ``(1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and ``(2) shall be managed in accordance with this subtitle and any other applicable laws.''.

San Juan Mountains Wilderness Act of 2011- Designates specified lands in the Grand Mesa, Uncompahgre, and Gunnison National Forests and specified land of the Bureau of Land Management (BLM) in Colorado as wilderness areas and components of the National Wilderness Preservation System (NWPS). Designates specified lands in such National Forests and San Juan National Forest as the Sheep Mountain Special Management Area. Sets forth provisions regarding water rights in the lands designated as wilderness or a special management area by this Act. Withdraws lands designated as wilderness or a special management area under this Act, as well as land within the Naturita Canyon Mineral Withdrawal Area, from: (1) entry, appropriation, and disposal under public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. Releases certain parts of the Dominguez Canyon Wilderness Study Area that were not designated as wilderness by this Act from further study for designation as wilderness.

A bill to designate certain lands in San Miguel, Ouray, and San Juan Counties, Colorado, as wilderness, and for other purposes.

SECTION 1. ESTABLISHMENT OF RESERVATION. Section 1 of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes,'' approved September 9, 1988 (102 Stat. 1594), is amended as follows: (1) In subsection (a), by adding at the end the following: ``The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if such real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on- reservation trust acquisition. All real property taken into trust within these boundaries, before or after the date of the enactment of this Act shall be part of the Tribe's reservation.''. (2) In subsection (b)-- (A) by modifying the opening paragraph of subsection (c) by striking ``10,311.60'' and inserting ``10,599.66''; (B) by striking the following: ---------------------------------------------------------------------------------------------------------------- ``6 7 8 Tax lot 800 5.55'' ---------------------------------------------------------------------------------------------------------------- (C) by inserting in place of the matter struck under subparagraph (B) the following: ---------------------------------------------------------------------------------------------------------------- ``6 7 7, 8, 17 Former tax lot 800, 5.55''; located within the SE \1/4\, SE \1/4\ of Section 7; the SW \1/4\ of Section 8; and the NW \1/ 4\, NW \1/4\ of Section 17 ---------------------------------------------------------------------------------------------------------------- (D) by striking ``240'' and inserting ``241.06''; and (E) by striking all text in subsection (c) after ---------------------------------------------------------------------------------------------------------------- ``6 7 18 E \1/2\ NE \1/4\ 43.42'' ---------------------------------------------------------------------------------------------------------------- (F) and inserting the following: ------------------------------------------------------------------------ ``6 8 1 W \1/2\, SE 20.6 \1/4\, SE \1/ 4\ and S \1/ 2\, NE \1/4\, SE \1/4\ 6 8 1 N \1/2\, SW \1/ 19.99 4\, SE \1/4\ 6 8 1 SE \1/4\, NE 9.99 \1/4\ 6 8 1 NE \1/4\, SW 10.46 \1/4\ and NW \1/4\, SW \1/ 4\ 6 8 1 NE \1/4\, SW 12.99 \1/4\ and NW \1/4\, SW \1/ 4\ 6 7 6 SW \1/4\, NW 37.99 \1/4\ 6 7 5 NE \1/4\, NW 24.87 \1/4\ 6 7 5, 8 SW \1/4\, SE 109.9 \1/4\ of Section 5 and NE \1/4\, NE \1/4\ NW \1/ 4\, NE \1/4\ NE \1/4\, NW \1/4\ of Section 8 6 8 1 NW \1/4\, SE 31.32 \1/4\ 6 8 1 NE \1/4\, SW 8.89 \1/4\ ----------- ........... Total 10,599.66' '. ------------------------------------------------------------------------

Authorizes the Secretary of the Interior to accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon (comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon), if such real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. States that: (1) the Secretary shall treat all applications to take land into trust within the boundaries of the original 1857 reservation as an on-reservation trust acquisition; and (2) all real property taken into trust within these boundaries before or after the date of the enactment of this Act shall be part of the Tribe's reservation.

To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Incentive Act of 1993''. SEC. 2. EXEMPTED SECURITIES. Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) is amended by striking ``$5,000,000'' and inserting ``$10,000,000''. SEC. 3. EXCLUSIONS FROM THE DEFINITION OF INVESTMENT COMPANY. Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a- 3(c)) is amended-- (1) in paragraph (1), by inserting after the first sentence the following new sentence: ``Such issuer shall be deemed to be an investment company for purposes of the limitations set forth in subparagraphs (A)(i) and (B)(i) of section 12(d)(1) governing the purchase or other acquisition by such issuer of any security issued by a registered investment company and the sale of any security issued by a registered open-end investment company to any such issuer.''; (2) in paragraph (1)(A)-- (A) by inserting after ``issuer'' the first place it appears ``and the company is or (but for the exceptions set forth in this paragraph and paragraph (7)) would be an investment company''; and (B) by striking ``unless as of the date'' and all that follows through the end of subparagraph (A) and inserting a period; and (3) by amending paragraph (7) to read as follows: ``(7) Any issuer whose outstanding securities are owned exclusively by persons who, at the time of acquisition of such securities, are qualified purchasers, except that such issuer shall be deemed to be an investment company for purposes of the limitations set forth in subparagraphs (A)(i) and (B)(i) of section 12(d)(1) governing the purchase or other acquisition by such issuer of any security issued by a registered investment company and the sale of any security issued by a registered open-end investment company to any such issuer.''. SEC. 4. DEFINITION OF QUALIFIED PURCHASER. Section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a- 2(a)) is amended by adding at the end the following new paragraph: ``(51) `Qualified purchaser' means-- ``(A) any natural person who owns at least $10,000,000 in securities of issuers, each of which is not an affiliated person, as defined in section 2(a)(3)(C), of such person; ``(B) any person, acting for its own account or the accounts of other qualified purchasers, who in the aggregate owns and invests on a discretionary basis, not less than $100,000,000 in securities of issuers, each of which is not an affiliated person, as defined in section 2(a)(3)(C), of such person; or ``(C) any person, who may own or invest a lesser amount in securities than specified in subparagraphs (A) and (B), that the Commission, by rule or regulation, has determined does not need the protections of this title, after consideration of factors such as-- ``(i) a high degree of financial sophistication, including extensive knowledge of and experience in financial matters; ``(ii) sizable net worth; ``(iii) a substantial amount of assets owned or under management; ``(iv) relationship with an issuer; or ``(v) such other factors as the Commission may determine to be consistent with the purpose of this paragraph. The Commission also may adopt such rules and regulations governing the persons specified in subparagraphs (A) and (B) as it determines are necessary or appropriate in the public interest and for the protection of investors.''. SEC. 5. DEFINITION OF INVESTMENT SECURITIES. Section 3(a) of the Investment Company Act of 1940 (15 U.S.C. 80a- 3(a)) is amended in the last sentence by striking subparagraph (C) and inserting the following: ``(C) securities issued by any majority-owned subsidiary of the owner, unless such subsidiary is an investment company or is excluded from the definition of an investment company solely by virtue of paragraph (1) or (7) of subsection (c).''. SEC. 6. EXEMPTION FOR ECONOMIC, BUSINESS, AND INDUSTRIAL DEVELOPMENT COMPANIES. Section 6(a) of the Investment Company Act of 1940 (15 U.S.C. 80a- 6(a)) is amended by adding at the end the following new paragraph: ``(5)(A) Any company that is not engaged in the business of issuing redeemable securities, the operations of which are subject to regulation by the State in which the company is organized under a statute governing entities that provide financial or managerial assistance to enterprises doing business, or proposing to do business, in that State if-- ``(i) the organizational documents of the company state that the activities of the company are limited to the promotion of economic, business, or industrial development in the State through the provision of financial or managerial assistance to enterprises doing business, or proposing to do business, in that State, and such other activities that are incidental or necessary to carry out that purpose; ``(ii) immediately following each sale of the securities of the company by the company or any underwriter for the company, not less than 80 percent of the securities of the company being offered in such sale, on a class-by-class basis, are held by persons who reside or have a substantial business presence in that State; ``(iii) the securities of the company are sold, or proposed to be sold, by the company or any underwriter for the company, solely to accredited investors, as defined in section 2(15) of the Securities Act of 1933, or to such other persons that the Commission, as necessary or appropriate in the public interest and consistent with the protection of investors, may permit by rule, regulation, or order; and ``(iv) the company does not purchase any security issued by an investment company, as defined in section 3, or by any company that would be an investment company except for the exclusions from the definition of investment company in section 3(c), other than-- ``(I) any security that is rated investment grade by at least 1 nationally recognized statistical rating organization; or ``(II) any security issued by a registered open-end investment company that is required by its investment policies to invest not less than 65 percent of its total assets in securities described in subclause (I) or securities that are determined by such registered open-end investment company to be comparable in quality to securities described in subclause (I). ``(B) Notwithstanding the exemption provided by this paragraph, the provisions of section 9 (and, to the extent necessary to enforce such provisions, sections 38 through 51) of this title shall apply to a company described in this paragraph as if the company were an investment company registered under this title. ``(C) Any company proposing to rely on the exemption provided by this paragraph shall file with the Commission a notification stating that the company intends to do so, in such form and manner as the Commission may prescribe by rule. ``(D) Any company meeting the requirements of this paragraph may rely on the exemption provided by this paragraph upon filing with the Commission the notification required by subparagraph (C), until such time as the Commission determines by order that such reliance is not in the public interest or consistent with the protection of investors. ``(E) The exemption provided by this paragraph may be subject to such additional terms and conditions as the Commission may by rule, regulation, or order determine are necessary or appropriate in the public interest or for the protection of investors.''. SEC. 7. INTRASTATE CLOSED-END INVESTMENT COMPANY EXEMPTION. Section 6(d)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-6(d)(1)) is amended by striking ``$100,000'' and inserting ``$10,000,000, or such other amount as the Commission may set by rule, regulation, or order''. SEC. 8. DEFINITION OF ELIGIBLE PORTFOLIO COMPANY. Section 2(a)(46)(C) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(46)(C)) is amended-- (1) in clause (ii), by striking ``or'' at the end; (2) by redesignating clause (iii) as clause (iv); and (3) by inserting after clause (ii) the following: ``(iii) it has total assets of not more than $4,000,000, and capital and surplus (shareholders' equity less retained earnings) of not more than $2,000,000, except that the Commission may adjust such amounts by rule, regulation, or order to reflect changes in 1 or more generally accepted indices or other indicators for small businesses; or''. SEC. 9. DEFINITION OF BUSINESS DEVELOPMENT COMPANY. Section 2(a)(48)(B) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(48)(B)) is amended by inserting before the semicolon at the end the following: ``, and provided further that a business development company need not make available significant managerial assistance with respect to any company described in section 2(a)(46)(C)(iii), or with respect to any other company that meets such criteria as the Commission may by rule, regulation, or order permit, as consistent with the public interest, the protection of investors, and the purposes fairly intended by the policy and provisions of this title''. SEC. 10. ACQUISITION OF ASSETS BY BUSINESS DEVELOPMENT COMPANIES. Section 55(a)(1)(A) of the Investment Company Act of 1940 (15 U.S.C. 80a-54(a)(1)(A)) is amended-- (1) by striking ``or from any person'' and inserting ``from any person''; and (2) by inserting before the semicolon ``, or from any other person, subject to such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors''. SEC. 11. CAPITAL STRUCTURE AMENDMENTS. Section 61(a) of the Investment Company Act of 1940 (15 U.S.C. 80a- 60(a)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1)(A) The asset coverage requirements of subparagraphs (A) and (B) of section 18(a)(1) applicable to business development companies shall be 200 percent. ``(B) Notwithstanding subparagraph (A) of this section or subparagraphs (A) and (B) of section 18(a)(2), a business development company may have an asset coverage of not less than 110 percent, if, immediately before the issuance or sale of senior securities, the business development company has-- ``(i) total interest and dividend income for the 12 months preceding such issuance or sale that exceeds 120 percent of the sum of its total expenses (including taxes and interest expenses accrued) and dividends declared on senior securities for that 12-month period; and ``(ii) either-- ``(I) an average of not less than 50 percent of its assets invested in securities described in paragraphs (1) through (5) of section 55(a) throughout the preceding 12-month period; or ``(II) not less than 50 percent of its assets invested in securities described in paragraphs (1) through (5) of section 55(a) throughout 10 months of the preceding 12-month period. ``(C) It shall be unlawful for any business development company to issue any class of senior security representing indebtedness, or to sell any such security pursuant to subparagraph (B), unless provision is made to prohibit the declaration of any dividend (except a dividend payable in stock of the issuer), or the declaration of any other distribution upon any class of the capital stock of such business development company, or the purchase of any such capital stock, unless, in every such case-- ``(i) the class of senior securities has, at the time of the declaration of any such dividend or distribution or at the time of any such purchase, an asset coverage of not less than 110 percent after deducting the amount of such dividend, distribution, or purchase price, as the case may be; and ``(ii) the business development company complies with subparagraph (B)(i), except with respect to any amounts that are required to be distributed to maintain the status of the company as a regulated investment company under the Internal Revenue Code of 1986. ``(D) It shall be unlawful for any business development company to issue any class of senior security representing stock, or to sell any such security pursuant to subparagraph (B), unless provision is made to prohibit the declaration of any dividend (except a dividend payable in common stock of the issuer), or the declaration of any other distribution, upon the common stock of such business development company, or the purchase of any such common stock, unless, in every such case-- ``(i) the class of senior securities has, at the time of the declaration of any such dividend or distribution or at the time of any such purchase an asset coverage of not less than 110 percent after deducting the amount of such dividend, distribution, or purchase price, as the case may be; and ``(ii) the business development company complies with subparagraph (B)(i), except with respect to any amounts that are required to be distributed to maintain the status of the company as a regulated investment company under the Internal Revenue Code of 1986.''; (2) in paragraph (2), by striking ``if such business development company'' and all that follows through the end of paragraph (2) and inserting a period; (3) in paragraph (3)(A)-- (A) by striking ``senior securities representing indebtedness accompanied by''; (B) inserting ``accompanied by securities,'' after ``of such company,''; and (C) in clause (ii), by striking ``senior''; and (4) in paragraph (3)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end of clause (iv) and inserting ``; and''; and (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) a business development company may issue warrants, options, or rights to subscribe to, convert to, or purchase voting securities not accompanied by securities, if-- ``(i) such warrants, options, or rights satisfy the conditions in clauses (i) and (iii) of subparagraph (A); and ``(ii) the proposal to issue such warrants, options, or rights is authorized by the shareholders or partners of such business development company, and such issuance is approved by the required majority (as defined in section 57(o)) of the directors of or general partners in such company on the basis that such issuance is in the best interests of the company and its shareholders or partners.''. SEC. 12. FILING OF WRITTEN STATEMENTS. Section 64(b)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-63(b)(1)) is amended by inserting ``and capital structure'' after ``portfolio''. Passed the Senate November 2, 1993. Attest: WALTER J. STEWART, Secretary. S 479 ES----2 S 479 ES----3 S 479 ES----4 S 479 ES----5

Small Business Incentive Act of 1993 - Amends the Securities Act of 1933 to increase from $5 million to $10 million the size of small business offerings that are exempt from the registration requirements of the Act. Amends the Investment Company Act of 1940 to exclude from its definition of "investment company" any issuer all of whose securities are held by certain investors whom the Securities and Exchange Commission (SEC) has determined are "qualified purchasers" who possess such financial sophistication, net worth, and other specified factors as not to need the protections of such Act. Empowers the SEC to define such "qualified purchasers." Sets forth conditions under which certain economic, business, and industrial development companies that are already subject to regulation by the State in which they are organized are exempt from the regulatory constraints of such Act. Increases to $10 million the maximum aggregate amount of proceeds that certain interstate closed-end investment companies may receive from the sale of their outstanding securities and still retain their exempt status under such Act. Expands the definition of "eligible portfolio company" to include any company which does not have total assets in excess of $4 million and capital and surpluses in excess of $2 million. Declares that a "business development company" is not required to make available significant managerial assistance with respect to any eligible portfolio company or any other company that meets certain SEC criteria. Permits a business development company to: (1) acquire the securities of an eligible portfolio company from persons other than such portfolio company itself; (2) issue multiple classes of debt without restriction; and (3) issue warrants, options, or rights to subscribe or convert to or purchase voting securities either alone or accompanied by debt or equity securities. Provides conditions under which a business development company may: (1) have a minimum asset coverage of 110 percent; and (2) issue or sell any class of senior security representing indebtedness. Requires a business development company to file with the SEC a written evaluation of the risk factors involved in investment due to the nature of the company's capital structure.

Small Business Incentive Act of 1993

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

Job Creation through Energy Efficient Manufacturing Act This bill requires the Department of Energy (DOE) to establish a Financing Energy Efficient Manufacturing Program to provide grants to establish or expand programs to finance energy efficiency retrofit, onsite clean and renewable energy, smart grid systems, and alternative vehicle fleet projects for industrial businesses. DOE must establish a process to identify financing opportunities for manufacturing and industrial business with asset portfolios across multiple states. Grant recipients must give a higher priority to those programs that: (1) leverage private and nonfederal sources of funding, and (2) aim to expand the use of energy efficiency project financing using private sources of funding. Grant recipients must also collect, share, and report on data resulting from programs carried out under this bill. DOE must incorporate the data into appropriate DOE databases, with provisions for the protection of confidential business data.

Job Creation through Energy Efficient Manufacturing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern Band of Cherokee Historic Lands Reacquisition Act''. SEC. 2. LAND TAKEN INTO TRUST FOR THE EASTERN BAND OF CHEROKEE INDIANS. (a) Lands Into Trust.--Subject to such rights of record as may be vested in third parties to rights-of-way or other easements or rights- of-record for roads, utilities, or other purposes, the following Federal lands managed by the Tennessee Valley Authority and located on or above the 820-foot (MSL) contour elevation in Monroe County, Tennessee, on the shores of Tellico Reservoir, are declared to be held in trust by the United States for the use and benefit of the Eastern Band of Cherokee Indians: (1) Sequoyah museum property.--Approximately 46.0 acres of land generally depicted as ``Sequoyah Museum'', ``Parcel 1'', and ``Parcel 2'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 1'' and dated April 30, 2015. (2) Support property.--Approximately 11.9 acres of land generally depicted as ``Support Parcel'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 2'' and dated April 30, 2015. (3) Chota memorial property and tanasi memorial property.-- Approximately 18.2 acres of land generally depicted as ``Chota Memorial 1'' and ``Tanasi Memorial'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 3'' and dated April 30, 2015, and including the Chota Memorial and all land within a circle with a radius of 86 feet measured from the center of the Chota Memorial without regard to the elevation of the land within the circle. (b) Property on Lands.--In addition to the land taken into trust by subsection (a), the improvements on and appurtenances thereto, including memorials, are and shall remain the property of the Eastern Band of Cherokee Indians. (c) Revised Maps.--Not later than 1 year after the date of a land transaction made pursuant to this section, the Tennessee Valley Authority, after consultation with the Eastern Band of Cherokee Indians and the Secretary of the Interior, shall submit revised maps that depict the land taken into trust under this section, including any corrections made to the maps described in this section to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate. (d) Contour Elevation Clarification.--The contour elevations referred to in this Act are based on MSL Datum as established by the NGS Southeastern Supplementary Adjustment of 1936 (NGVD29). (e) Conditions.--The lands taken into trust under this section shall be subject to the conditions described in section 5. SEC. 3. PERMANENT EASEMENTS TAKEN INTO TRUST FOR THE EASTERN BAND OF CHEROKEE INDIANS. (a) Permanent Easements.--The following permanent easements for land below the 820-foot (MSL) contour elevation for the following Federal lands in Monroe County, Tennessee, on the shores of Tellico Reservoir, are declared to be held in trust by the United States for the benefit of the Eastern Band of Cherokee Indians: (1) Chota peninsula.--Approximately 8.5 acres of land generally depicted as ``Chota Memorial 2'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 3'' and dated April 30, 2015. (2) Chota-tanasi trail.--Approximately 11.4 acres of land generally depicted as ``Chota-Tanasi Trail'' on the map titled ``Eastern Band of Cherokee Historic Lands Reacquisition Map 3'' and dated April 30, 2015. (b) Revised Maps.--Not later than 1 year after the date of a land transaction made pursuant to this section, the Tennessee Valley Authority, after consultation with the Eastern Band of Cherokee Indians and the Secretary of the Interior, shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate revised maps that depict the lands subject to easements taken into trust under this section, including any corrections necessary to the maps described in this section. (c) Conditions.--The lands subject to easements taken into trust under this section shall be subject to the use rights and conditions described in section 5. SEC. 4. TRUST ADMINISTRATION AND PURPOSES. (a) Applicable Laws.--Except as described in section 5, the lands subject to this Act shall be administered under the laws and regulations generally applicable to lands and interests in lands held in trust on behalf of Indian tribes. (b) Use of Land.--Except the lands described in section 2(a)(2), the lands subject to this Act shall be used principally for memorializing and interpreting the history and culture of Indians and recreational activities, including management, operation, and conduct of programs of and for-- (1) the Sequoyah birthplace memorial and museum; (2) the memorials to Chota and Tanasi as former capitals of the Cherokees; (3) the memorial and place of reinterment for remains of the Eastern Band of Cherokee Indians and other Cherokee tribes, including those transferred to the Eastern Band of Cherokee Indians and other Cherokee tribes and those human remains and cultural items transferred by the Tennessee Valley Authority to those Cherokee tribes under the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and (4) interpreting the Trail of Tears National Historic Trail. (c) Use of Support Property.--The land described in section 2(a)(2) shall be used principally for the support of lands subject to this Act and the programs offered by the Tribe relating to such lands and their purposes including-- (1) classrooms and conference rooms; (2) cultural interpretation and education programs; (3) temporary housing of guests participating in such programs or the management of the properties and programs; and (4) headquarters offices and support space for the trust properties and programs. (d) Land Use.--The principal purposes of the use of the land described in section 3(a)-- (1) paragraph (1), shall be for a recreational trail from the general vicinity of the parking lot to the area of the Chota Memorial and beyond to the southern portion of the peninsula, including interpretive signs, benches, and other compatible improvements; and (2) paragraph (2), shall be for a recreational trail between the Chota and Tanasi Memorials, including interpretive signs, benches, and other compatible improvements. SEC. 5. USE RIGHTS, CONDITIONS. (a) Flooding of Land and Roads.--The Tennessee Valley Authority may temporarily and intermittently flood the lands subject to this Act that lie below the 824-foot (MSL) contour elevation and the road access to such lands that lie below the 824-foot (MSL) contour elevation. (b) Facilities and Structures.--The Eastern Band of Cherokee Indians may construct, own, operate, and maintain-- (1) water use facilities and nonhabitable structures, facilities, and improvements not subject to serious damage if temporarily flooded on the land adjoining the Tellico Reservoir side of the lands subject to this Act that lie between the 815- foot and 820-foot (MSL) contour elevations, but only after having received written consent from the Tennessee Valley Authority and subject to the terms of such approval; and (2) water use facilities between the 815-foot (MSL) contour elevations on the Tellico Reservoir side of the lands subject to this Act and the adjacent waters of Tellico Reservoir and in and on such waters after having received written consent from the Tennessee Valley Authority and subject to the terms of such approval, but may not construct, own, operate, or maintain other nonhabitable structures, facilities, and improvements on such lands. (c) Ingress and Egress.--The Eastern Band of Cherokee Indians may use the lands subject to this Act and Tellico Reservoir for ingress and egress to and from such land and the waters of the Tellico Reservoir and to and from all structures, facilities, and improvements maintained in, on, or over such land or waters. (d) River Control and Development.--The use rights under this section may not be exercised so as to interfere in any way with the Tennessee Valley Authority's statutory program for river control and development. (e) TVA Authorities.--Nothing in this Act shall be construed to affect the right of the Tennessee Valley Authority to-- (1) draw down Tellico Reservoir; (2) fluctuate the water level thereof as may be necessary for its management of the Reservoir; or (3) permanently flood lands adjacent to lands subject to this Act that lie below the 815-foot (MSL) contour elevation. (f) Right of Entry.--The lands subject to this Act shall be subject to a reasonable right of entry by the personnel of the Tennessee Valley Authority and agents of the Tennessee Valley Authority operating in their official capacities as necessary for purposes of carrying out the Tennessee Valley Authority's statutory program for river control and development. (g) Entry Onto Land.--To the extent that the Tennessee Valley Authority's operations on the lands subject to this Act do not unreasonably interfere with the Eastern Band of Cherokee Indians' maintenance of an appropriate setting for the memorialization of Cherokee history or culture on the lands and its operations on the lands, the Eastern Band of Cherokee Indians shall allow the Tennessee Valley Authority to enter the lands to clear, ditch, dredge, and drain said lands and apply larvicides and chemicals thereon or to conduct bank protection work and erect structures necessary in the promotion and furtherance of public health, flood control, and navigation. (h) Loss of Hydropower Capacity.--All future development of the lands subject to this Act shall be subject to compensation to the Tennessee Valley Authority for loss of hydropower capacity as provided in the Tennessee Valley Authority Flood Control Storage Loss Guideline, unless agreed to otherwise by the Tennessee Valley Authority. (i) Protection From Liability.--The United States shall not be liable for any loss or damage resulting from-- (1) the temporary and intermittent flooding of lands subject to this Act; (2) the permanent flooding of adjacent lands as provided in this section; (3) wave action in Tellico Reservoir; or (4) fluctuation of water levels for purposes of managing Tellico Reservoir. (j) Continuing Responsibilities.--The Tennessee Valley Authority shall-- (1) retain sole and exclusive Federal responsibility and liability to fund and implement any environmental remediation requirements that are required under applicable Federal or State law for any land or interest in land to be taken into trust under this Act, as well as the assessments under paragraph (2) to identify the type and quantity of any potential hazardous substances on the lands; (2) prior to the acquisition in trust, carry out an assessment and notify the Secretary of the Interior and the Eastern Band of Cherokee Indians whether any hazardous substances were stored on the lands and, if so, whether those substances-- (A) were stored for 1 year or more on the lands; (B) were known to have been released on the lands; or (C) were known to have been disposed of on the lands; and (3) if the assessment under paragraph (2) shows that hazardous substances were stored, released, or disposed of on the lands, include in its notice under paragraph (2) to the Secretary of the Interior and the Eastern Band of Cherokee Indians-- (A) the type and quantity of such hazardous substances; (B) the time at which such storage, release, or disposal took place on the lands; and (C) a description of any remedial actions, if any, taken on the lands. SEC. 6. LANDS SUBJECT TO THE ACT. For the purposes of this Act, the term ``lands subject to this Act'' means lands and interests in lands (including easements) taken into trust for the benefit of the Eastern Band of Cherokee Indians pursuant to or under this Act. SEC. 7. GAMING PROHIBITION. No class II or class III gaming, as defined in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), shall be conducted on lands subject to this Act. Passed the House of Representatives April 16, 2018. Attest: KAREN L. HAAS, Clerk.

Eastern Band Cherokee Historic Lands Reacquisition Act This bill takes specified lands and easements in Monroe County, Tennessee, into trust for the use and benefit of the Eastern Band of Cherokee Indians. These lands include the Sequoyah Museum, the Chota Memorial, the Tanasi Memorial, and land to provide support for these properties and cultural programs. The Tennessee Valley Authority (TVA) maintains its right to carry out river control and development on these lands, including temporarily and intermittently flooding certain lands. The bill specifies the structures that may be constructed with the TVA's consent on certain lands subject to flooding. The TVA must be compensated for lost hydropower capacity from future development of these lands. The bill prohibits the United States from being liable for loss or damage resulting from certain activities, such as the flooding of certain lands. The bill outlines TVA's continuing responsibilities. Gaming on these lands is prohibited.

Eastern Band Cherokee Historic Lands Reacquisition Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arthritis Prevention, Control, and Cure Act of 2008''. SEC. 2. ENHANCING THE PUBLIC HEALTH ACTIVITIES RELATED TO ARTHRITIS OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION THROUGH THE NATIONAL ARTHRITIS ACTION PLAN. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 314 the following: ``SEC. 315. IMPLEMENTATION OF THE NATIONAL ARTHRITIS ACTION PROGRAM. ``(a) Establishment of Program.--The Secretary may develop and implement a National Arthritis Action Program (in this section referred to as the `Program') consistent with this section. ``(b) Control, Prevention, and Surveillance.-- ``(1) In general.--Under the Program, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may, directly or through competitive grants to eligible entities, conduct, support, and promote the coordination of research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases. ``(2) Training and technical assistance.--With respect to the planning, development, and operation of any activity carried out under paragraph (1), the Secretary may provide training, technical assistance, supplies, equipment, or services, and may assign any officer or employee of the Department of Health and Human Services to a State or local health agency, or to any public or nonprofit entity designated by a State health agency, in lieu of providing grant funds under this subsection. ``(3) Arthritis prevention research at the centers for disease control and prevention centers.--The Secretary may provide additional grant support under this subsection to encourage the expansion of research related to the prevention and management of arthritis at the Centers for Disease Control and Prevention. ``(4) Eligible entity.--For purposes of this subsection, the term `eligible entity' means a national public or private nonprofit entity that demonstrates to the satisfaction of the Secretary, in the application described in subsection (e), the ability of the entity to carry out the activities described in paragraph (1). ``(c) Education and Outreach.-- ``(1) In general.--Under the Program, the Secretary may coordinate and carry out national education and outreach activities, directly or through the provision of grants to eligible entities, to support, develop, and implement education initiatives and outreach strategies appropriate for arthritis and other rheumatic diseases. ``(2) Initiatives and strategies.--Initiatives and strategies implemented under paragraph (1) may include public awareness campaigns, public service announcements, and community partnership workshops, as well as programs targeted at businesses and employers, managed care organizations, and health care providers. ``(3) Priority.--In carrying out paragraph (1), the Secretary-- ``(A) may emphasize prevention, early diagnosis, and appropriate management of arthritis, and opportunities for effective patient self-management; and ``(B) may give priority to reaching high-risk or underserved populations. ``(4) Collaboration.--In carrying out this subsection, the Secretary shall consult and collaborate with stake-holders from the public, private, and nonprofit sectors with expertise relating to arthritis control, prevention, and treatment. ``(5) Eligible entity.--For purposes of this subsection, the term `eligible entity' means a national public or private nonprofit entity that demonstrates to the satisfaction of the Secretary, in the application described in subsection (e), the ability of the entity to carry out the activities described in paragraph (1). ``(d) Comprehensive State Grants.-- ``(1) In general.--Under the Program, the Secretary may award grants to eligible entities to provide support for comprehensive arthritis control and prevention programs and to enable such entities to provide public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases. ``(2) Eligibility.--To be eligible to receive a grant under this subsection, an entity shall be a State or Indian tribe. ``(3) Application.--To be eligible to receive a grant under this subsection, an entity shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require, including a comprehensive arthritis control and prevention plan that-- ``(A) is developed with the advice of stakeholders from the public, private, and nonprofit sectors that have expertise relating to arthritis control, prevention, and treatment that increase the quality of life and decrease the level of disability; ``(B) is intended to reduce the morbidity of arthritis, with priority on preventing and controlling arthritis in at-risk populations and reducing disparities in arthritis prevention, diagnosis, management, and quality of care in underserved populations; ``(C) describes the arthritis-related services and activities to be undertaken or supported by the entity; and ``(D) demonstrates the relationship the entity has with the community and local entities and how the entity plans to involve such community and local entities in carrying out the activities described in paragraph (1). ``(4) Use of funds.--An eligible entity may use amounts received under a grant awarded under this subsection to conduct, in a manner consistent with the comprehensive arthritis control and prevention plan submitted by the entity in the application under paragraph (3)-- ``(A) public health surveillance and epidemiological activities relating to the prevalence of arthritis and assessment of disparities in arthritis prevention, diagnosis, management, and care; ``(B) public information and education programs; and ``(C) education, training, and clinical skills improvement activities for health professionals, including allied health personnel. ``(e) General Application.--To be eligible to receive a grant under this section, except under subsection (d), an entity shall submit to the Secretary an application at such time, in such manner, and containing such agreements, assurances, and information as the Secretary may require, including a description of how funds received under a grant awarded under this section will supplement or fulfill unmet needs identified in a comprehensive arthritis control and prevention plan of the entity. ``(f) Definitions.--For purposes of this section: ``(1) Indian tribe.--The term `Indian tribe' has the meaning given such term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). ``(2) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) for fiscal year 2009, $32,000,000; ``(2) for fiscal year 2010, $34,000,000; ``(3) for fiscal year 2011, $36,000,000; ``(4) for fiscal year 2012, $38,000,000; and ``(5) for fiscal year 2013, $40,000,000.''. SEC. 3. ACTIVITIES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES WITH RESPECT TO JUVENILE ARTHRITIS AND RELATED CONDITIONS. (a) In General.--The Secretary of Health and Human Services, in coordination with the Director of the National Institutes of Health, may expand and intensify programs of the National Institutes of Health with respect to research and related activities concerning various forms of juvenile arthritis and related conditions. (b) Coordination.--The Director of the National Institutes of Health may coordinate the programs referred to in subsection (a) and consult with additional Federal officials, voluntary health associations, medical professional societies, and private entities as appropriate. SEC. 4. PUBLIC HEALTH AND SURVEILLANCE ACTIVITIES RELATED TO JUVENILE ARTHRITIS AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 320A the following: ``SEC. 320B. SURVEILLANCE AND RESEARCH REGARDING JUVENILE ARTHRITIS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to and enter into cooperative agreements with public or nonprofit private entities for the collection, analysis, and reporting of data on juvenile arthritis. ``(b) Technical Assistance.--In awarding grants and entering into agreements under subsection (a), the Secretary may provide direct technical assistance in lieu of cash. ``(c) Coordination With NIH.--The Secretary shall ensure that epidemiological and other types of information obtained under subsection (a) is made available to the National Institutes of Health. ``(d) Creation of a National Juvenile Arthritis Population-Based Database.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in collaboration with a national voluntary health organization with experience serving the juvenile arthritis population as well as the full spectrum of arthritis-related conditions, may support the development of a national juvenile arthritis population-based database to collect specific data for follow-up studies regarding the prevalence and incidence of juvenile arthritis, as well as capturing information on evidence-based health outcomes related to specific therapies and interventions. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $25,000,000 for each of fiscal years 2009 through 2013.'' SEC. 5. INVESTMENT IN TOMORROW'S PEDIATRIC RHEUMATOLOGISTS. (a) Enhanced Support.-- (1) In general.--In order to ensure an adequate future supply of pediatric rheumatologists, the Secretary of Health and Human Services, in consultation with the Administrator of the Health Resources and Services Administration, shall support activities that provide for-- (A) an increase in the number and size of institutional training grants awarded to institutions to support pediatric rheumatology training; and (B) an expansion of public-private partnerships to encourage academic institutions, private sector entities, and health agencies to promote educational training and fellowship opportunities for pediatric rheumatologists. (2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $3,750,000 for each of the fiscal years 2009 through 2013. (b) Pediatric Loan Repayment Program.-- (1) In general.--The Secretary of Health and Human Services, in consultation with the Administrator of the Health Resources and Services Administration, shall establish and, subject to the determination under paragraph (3), carry out a pediatric rheumatology loan repayment program. (2) Program administration.--Through the program established under this subsection, the Secretary shall-- (A) enter into contracts with qualified health professionals who are pediatric rheumatologists under which-- (i) such professionals agree to provide health care in an area with a shortage of pediatric rheumatologists and that has the capacity to support pediatric rheumatology, as determined by the Secretary of Health and Human Services; and (ii) the Federal Government agrees to repay, for each year of such service, not more than $25,000 of the principal and interest of the educational loans of such professionals; and (B) in addition to making payments under paragraph (1) on behalf of an individual, make payments to the individual for the purpose of providing reimbursement for tax liability resulting from the payments made under paragraph (1), in an amount equal to 39 percent of the total amount of the payments made for the taxable year involved. (3) Determination of shortage areas.--For purposes of this subsection, an area shall be determined to be an area with a shortage of pediatric rheumatologists based on the ratio of the number of children who reside in such area who are in need of services of a pediatric rheumatologist to the number of pediatric rheumatologists who furnish services within 100 miles of the area. (4) Periodic assessments.-- (A) In general.--The Secretary of Health and Human Services shall periodically assess-- (i) the extent to which the loan repayment program under this section is needed; and (ii) the extent to which the program is effective in increasing the number of pediatric rheumatologists nationally and the number of pediatric rheumatologists in areas with a shortage of pediatric rheumatologists. In the case that the Secretary determines, pursuant to an assessment under this subparagraph, that there is no longer a need for the loan repayment program, such program shall be terminated as of a date specified by the Secretary. (B) Annual reports.--The Secretary of Health and Human Services shall annually report to Congress on the periodic assessments conducted under subparagraph (A). (5) Funding.-- (A) In general.--For the purpose of carrying out this subsection, the Secretary of Health and Human Services may reserve, from amounts appropriated for the Health Resources and Services Administration for the fiscal year involved, such amounts as the Secretary determines to be appropriate. (B) Availability of funds.--Amounts made available to carry out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which such amounts were made available. Passed the House of Representatives September 27, 2008. Attest: LORRAINE C. MILLER, Clerk.

Arthritis Prevention, Control, and Cure Act of 2008 - (Sec. 2) Amends the Public Health Service Act to allow the Secretary of Health and Human Services to develop and implement a National Arthritis Action Program, which may include: (1) conducting, supporting, and promoting the coordination of research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases; (2) providing training, technical assistance, supplies, equipment, or services and assigning any officer or employee of the Department of Health and Human Services (HHS) to a state or local health agency; (3) providing additional grant support to encourage the expansion of research related to the prevention and management of arthritis at the Centers for Disease Control and Prevention (CDC); (4) carrying out national education and outreach activities to support, develop, and implement education initiatives and outreach strategies appropriate for arthritis and other rheumatic diseases; and (5) awarding grants to states or Indian tribes to support comprehensive arthritis control and prevention programs and to provide public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases. Allows the Secretary, in carrying out national education and outreach activities, to: (1) emphasize prevention, early diagnosis, and appropriate management of arthritis and opportunities for effective patient self-management; and (2) give priority to reaching high-risk or underserved populations. Authorizes appropriations for FY2009-FY2013. (Sec. 3) Authorizes the Secretary to expand and intensify programs of the National Institutes of Health (NIH) concerning juvenile arthritis and related conditions. (Sec. 4) Allows the Secretary, acting through the Director of CDC, to award grants to, and enter into cooperative agreements with, public or nonprofit private entities for the collection, analysis, and reporting of data on juvenile arthritis. Requires the Secretary to ensure that epidemiological and other types of information are made available to NIH. Allows the Secretary, acting through the Director of CDC, to support the development of a national juvenile arthritis population-based database to: (1) collect specific data for follow-up studies regarding the prevalence and incidence of juvenile arthritis; and (2) capture information on evidence-based health outcomes related to specific therapies and interventions. Authorizes appropriations for FY2009-FY2013. (Sec. 5) Requires the Secretary to support activities that provide for: (1) an increase in the number and size of institutional training grants to support pediatric rheumatology training; and (2) an expansion of public-private partnerships to promote educational training and fellowship opportunities for pediatric rheumatologists. Authorizes appropriations for FY2009-FY2013. Requires the Secretary to establish and carry out a pediatric rheumatology loan repayment program through which the Secretary shall repay student loans in exchange for service as a pediatric rheumatologist in an area with both a shortage of pediatric rheumatologists and the capacity to support pediatric rheumatology. Requires the Secretary to periodically assess: (1) the extent to which the loan repayment program is needed; and (2) the extent to which the program is effective in increasing the number of pediatric rheumatologists nationally and in areas with a shortage. Terminates the program if the Secretary determines it is no longer needed.

To amend the Public Health Service Act to provide for arthritis research and public health, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Teen and Novice Driver Uniform Protection Act of 2010'' or the ``STANDUP Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The National Highway Traffic Safety Administration has reported that-- (A) motor vehicle crashes are the leading cause of death of Americans between 15 and 20 years of age; (B) in the 10-year period ending in 2007, 86,981 Americans died in motor vehicle crashes involving drivers between 15 and 20 years of age, an average of 167 deaths per week; (C) drivers between 16 and 20 years of age have a fatality rate that is 4 times higher than the rate for drivers between 25 and 70 years of age; and (D) teenage drivers who are 16 years of age have a motor vehicle crash rate that is almost 10 times higher than the crash rate for drivers between 30 and 60 years of age. (2) According to the American Automobile Association-- (A) teenage drivers comprise slightly more than \1/ 3\ of all fatalities in motor vehicle crashes in which they are involved; and (B) nearly \2/3\ of all fatalities in those crashes are other drivers, passengers, and pedestrians. (3) According to the Insurance Institute for Highway Safety, the chance of a crash by a 16- or 17-year-old driver is doubled if there are 2 peers in the vehicle and quadrupled if there are 3 or more peers in the vehicle. (4) According to the National Highway Traffic Safety Administration, the cognitive distraction caused by hands-free and hand-held cellular phones is significant enough to degrade a driver's performance, particularly teenage drivers between 15 and 20 years of age. (5) Although only 20 percent of driving by teenage drivers occurs at night, more than 50 percent of the motor vehicle crash fatalities involving teenage drivers occur at night. (6) According to the Insurance Institute for Highway Safety, in 1997, the first full year of Florida's graduated driver licensing system, the number of fatal and injurious crashes among teenage drivers between 15 and 18 years of age was 9 percent lower than in 1995. (7) The Journal of the American Medical Association reports that crashes involving 16-year-old drivers decreased between 1995 and 1999 by 25 percent in Michigan and by 27 percent in North Carolina. Comprehensive graduated driver licensing systems were implemented in 1997 in these States. (8) According to the Automobile Club of Southern California, between 1998 and 2000, the first 3 years of California's graduated driver licensing program-- (A) teenage passenger deaths and injuries resulting from crashes in California involving 16-year-old drivers declined by 40 percent; and (B) the number of at-fault collisions in California involving 16-year-old drivers declined by 24 percent. (9) The National Transportation Safety Board reports that-- (A) more than 40 States and the District of Columbia have implemented 3-stage graduated driver licensing systems; and (B) many States have not yet implemented other basic safety features of graduated driver licensing laws to protect the lives of teenage and novice drivers. (10) A 2001 Harris Poll indicates that-- (A) 95 percent of Americans support a requirement of 30 to 50 hours of practice driving with and adult; (B) 92 percent of Americans support a 6-month learner's permit period; and (C) 74 percent of Americans support limiting the number of teenage passengers in a car with a teenage driver and supervised driving during high-risk driving periods, such as night. SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS. (a) Minimum Requirements.-- (1) In general.--A State is in compliance with this section if the State has a graduated driver licensing law that requires novice drivers younger than 21 years of age to comply with the 2-stage licensing process described in paragraph (2) before receiving an unrestricted driver's license. (2) Licensing process.--A State is in compliance with the 2-stage licensing process described in this paragraph if the State's driver's license laws include-- (A) a learner's permit stage that-- (i) commences at 16 years of age or older; (ii) is at least 6 months in duration; (iii) prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation; (iv) prohibits driving at night; and (v) remains in effect until-- (I) the commencement of the intermediate stage; or (II) the driver reaches 18 years of age; (B) an intermediate stage that-- (i) commences immediately after the expiration of the learner's permit stage; (ii) is at least 6 months in duration; (iii) prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation; (iv) prohibits driving at night; (v) prohibits the driver from operating a motor vehicle with more than 1 non-familial passenger younger than 21 years of age unless a licensed driver who is at least 21 years of age is in the motor vehicle; and (vi) remains in effect until the driver reaches 18 years of age; and (C) any other requirement that the Secretary of Transportation may require, including-- (i) in the learner's permit stage-- (I) at least 40 hours of behind- the-wheel training with a licensed driver who is at least 21 years of age; (II) a driver training course; and (III) a requirement that any such driver be accompanied and supervised by a licensed driver who is at least 21 years of age at all times while such driver is operating a motor vehicle; and (ii) in the learner's permit or intermediate stage, a requirement that, in addition to any other penalties imposed by State law, the grant of an unrestricted driver's license be automatically delayed for any individual who, during the learner's permit or intermediate stage, is convicted of a driving-related offense, such as-- (I) driving while intoxicated; (II) misrepresentation of his or her true age; (III) reckless driving; (IV) driving without wearing a seat belt; (V) speeding; or (VI) any other driving-related offense, as determined by the Secretary. (b) Rulemaking.--The Secretary of Transportation shall promulgate regulations necessary to implement this section in accordance with the notice and comment provisions under section 553 of title 5, United States. SEC. 4. INCENTIVE GRANTS. (a) In General.--For each of the first 3 fiscal years beginning after the date of enactment of this Act, the Secretary of Transportation shall award a grant to any State that submits an application under subsection (b) if that State is in compliance with section 3(a) on or before the first day of that fiscal year. (b) Application.-- (1) In general.--Any State desiring a grant under this section shall submit an application to the Secretary of Transportation at such time, in such manner, and containing such information as the Secretary may require, including a certification by the Governor of the State that the State is in compliance with section 3(a). (2) Review.--The Secretary shall review each State application and determine whether or not the State is in compliance with section 3(a). (c) Grants.--Amounts appropriated to carry out this section for each fiscal year shall be apportioned to each State that is in compliance with section 3(a) in an amount determined by multiplying-- (1) the amount appropriated to carry out this section for such fiscal year; by (2) the ratio that the amount of funds apportioned to each such State for such fiscal year under section 402 of title 23, United States Code, bears to the total amount of funds apportioned to all such States for such fiscal year under such section. (d) Use of Funds.--Amounts received by a State from a grant awarded under this section may be used for-- (1) enforcing a 2-stage licensing process that complies with section 3(a)(2); (2) training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in paragraph (1); (3) publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law; and (4) carrying out other administrative activities that the Secretary considers relevant to the State's 2-stage licensing process. (e) Authorization of Appropriations.--There is authorized to be appropriated $25,000,000, out of the Highway Trust Fund (other than the Mass Transit Account), to carry out this section during each fiscal year described in subsection (a). SEC. 5. WITHHOLDING OF FUNDS FOR NONCOMPLIANCE. (a) In General.-- (1) Fourth fiscal year.--During the fourth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 3 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if the State is not in compliance with section 3(a) on the first day of such fiscal year. (2) Fifth fiscal year.--During the fifth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 5 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if that State is not in compliance with section 3(a) on the first day of such fiscal year. (3) Sixth and subsequent fiscal years.--During each fiscal year after the fifth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 10 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if that State is not in compliance with section 3(a) on the first day of such fiscal year. (b) Period of Availability of Withheld Funds.-- (1) Funds withheld during or before the sixth fiscal year.--Any amount withheld from any State under subsection (a) on or before the last day of the sixth fiscal year beginning after the date of the enactment of this Act, shall remain available for distribution to the State under subsection (c) until the end of the third fiscal year following the fiscal year for which such amount is appropriated. (2) Funds withheld after the sixth fiscal year.--Any amount withheld under subsection (a)(2) from any State after the end of the sixth fiscal year beginning after the date of the enactment of this Act, may not be distributed to the State. (c) Apportionment of Withheld Funds After Compliance.-- (1) In general.--If, before the last day of the period for which funds withheld under subsection (a) remain available to a State under subsection (b), the State comes into compliance with section 3(a), the Secretary of Transportation shall, on the first day on which the Secretary determines the State has come into compliance, distribute to the State any amounts withheld under subsection (a) that remains available for apportionment to the State. (2) Period of availability of subsequently apportioned funds.--Any amount distributed under paragraph (1) shall remain available for expenditure by the State until the end of the third fiscal year following the year for which the funds are so apportioned. Any amount not expended by the State by the end of such period shall revert back to the Treasury of the United States. (3) Effect of noncompliance.--If a State is not in compliance with section 3(a) at the end of the period for which any amount withheld under subsection (a) remains available for distribution to the State under subsection (b), such amount shall revert back to the Treasury of the United States.

Safe Teen and Novice Driver Uniform Protection Act of 2010 or the STANDUP Act - Authorizes the Secretary of Transportation to award incentive grants to states with graduated driver licensing laws that require novice drivers younger than age 21 to comply with a two-stage licensing process before receiving an unrestricted driver's license. Requires such laws, at a minimum, to include: (1) a learner's permit stage that commences at age 16 or older, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, prohibits nighttime driving, and remains in effect until commencement of the intermediate stage or the driver attains age 18; (2) an intermediate stage in effect until the driver attains age 18 that commences immediately after expiration of the learner's permit stage, lasts at least six months, prohibits driver use of a cellular phone or other communications device in nonemergency situations, prohibits nighttime driving, prohibits more than one non-familial passenger under age 21 unless there is a licensed driver at least age 21 present in the vehicle; and (3) any other requirement that the Secretary may require. Directs the Secretary to withhold a certain percentage of federal-aid highway funds from states that do not comply with the requirements of this Act.

A bill to provide driver safety grants to States with graduated driver licensing laws that meet certain minimum requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Utilization, Investment, and Local Development Act of 2013'' or the ``BUILD Act''. SEC. 2. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS. Section 104(k)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is amended-- (1) in subparagraph (G), by striking ``or'' after the semicolon; (2) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(I) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; ``(J) a limited liability corporation in which all managing members are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); ``(K) a limited partnership in which all general partners are organizations described in subparagraph (I) or limited liability corporations whose sole members are organizations described in subparagraph (I); or ``(L) a qualified community development entity (as defined in section 45D(c)(1) of the Internal Revenue Code of 1986).''. SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended-- (1) by redesignating paragraphs (4) through (9) and (10) through (12) as paragraphs (5) through (10) and (13) through (15), respectively; (2) in paragraph (3)(A), by striking ``subject to paragraphs (4) and (5)'' and inserting ``subject to paragraphs (5) and (6)''; and (3) by inserting after paragraph (3) the following: ``(4) Multipurpose brownfields grants.-- ``(A) In general.--Subject to subparagraph (D) and paragraphs (5) and (6), the Administrator shall establish a program to provide multipurpose grants to an eligible entity based on the considerations under paragraph (3)(C), to carry out inventory, characterization, assessment, planning, or remediation activities at 1 or more brownfield sites in a proposed area. ``(B) Grant amounts.-- ``(i) Individual grant amounts.--Each grant awarded under this paragraph shall not exceed $950,000. ``(ii) Cumulative grant amounts.--The total amount of grants awarded for each fiscal year under this paragraph shall not exceed 15 percent of the funds made available for the fiscal year to carry out this subsection. ``(C) Criteria.--In awarding a grant under this paragraph, the Administrator shall consider the extent to which an eligible entity is able-- ``(i) to provide an overall plan for revitalization of the 1 or more brownfield sites in the proposed area in which the multipurpose grant will be used; ``(ii) to demonstrate a capacity to conduct the range of eligible activities that will be funded by the multipurpose grant; and ``(iii) to demonstrate that a multipurpose grant will meet the needs of the 1 or more brownfield sites in the proposed area. ``(D) Condition.--As a condition of receiving a grant under this paragraph, each eligible entity shall expend the full amount of the grant not later than the date that is 3 years after the date on which the grant is awarded to the eligible entity unless the Administrator, in the discretion of the Administrator, provides an extension.''. SEC. 4. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES. Section 104(k)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is amended by adding at the end the following: ``(C) Exemption for certain publicly owned brownfield sites.--Notwithstanding any other provision of law, an eligible entity that is a governmental entity may receive a grant under this paragraph for property acquired by that governmental entity prior to January 11, 2002, even if the governmental entity does not qualify as a bona fide prospective purchaser (as that term is defined in section 101(40)).''. SEC. 5. INCREASED FUNDING FOR REMEDIATION GRANTS. Section 104(k)(3)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)(A)(ii)) is amended by striking ``$200,000 for each site to be remediated'' and inserting ``$500,000 for each site to be remediated, which limit may be waived by the Administrator, but not to exceed a total of $650,000 for each site, based on the anticipated level of contamination, size, or ownership status of the site''. SEC. 6. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS. Paragraph (5) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended-- (1) in subparagraph (B)-- (A) in clause (i)-- (i) by striking subclause (III); and (ii) by redesignating subclauses (IV) and (V) as subclauses (III) and (IV), respectively; (B) by striking clause (ii); (C) by redesignating clause (iii) as clause (ii); and (D) in clause (ii) (as redesignated by subparagraph (C)), by striking ``Notwithstanding clause (i)(IV)'' and inserting ``Notwithstanding clause (i)(III)''; and (2) by adding at the end the following: ``(E) Administrative costs.-- ``(i) In general.--An eligible entity may use up to 8 percent of the amounts made available under a grant or loan under this subsection for administrative costs. ``(ii) Restriction.--For purposes of clause (i), the term `administrative costs' does not include-- ``(I) investigation and identification of the extent of contamination; ``(II) design and performance of a response action; or ``(III) monitoring of a natural resource.''. SEC. 7. SMALL COMMUNITY TECHNICAL ASSISTANCE. Paragraph (7)(A) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended-- (1) by striking ``The Administrator'' and inserting the following: ``(i) In general.--The Administrator''; and (2) by inserting after clause (i) (as added by paragraph (1)) the following: ``(ii) Small community recipients.--In carrying out the program under clause (i), the Administrator shall give priority to small communities, Indian tribes, rural areas, or low-income areas with a population of not more than 15,000 individuals, as determined by the latest available decennial census.''. SEC. 8. WATERFRONT BROWNFIELDS GRANTS. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended by inserting after paragraph (10) (as redesignated by section 3(1)) the following: ``(11) Waterfront brownfield sites.-- ``(A) Definition of waterfront brownfield site.--In this paragraph, the term `waterfront brownfield site' means a brownfield site that is adjacent to a body of water or a federally designated floodplain. ``(B) Requirements.--In providing grants under this subsection, the Administrator shall-- ``(i) take into consideration whether the brownfield site to be served by the grant is a waterfront brownfield site; and ``(ii) give consideration to waterfront brownfield sites.''. SEC. 9. CLEAN ENERGY BROWNFIELDS GRANTS. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as amended by section 8) is amended by inserting after paragraph (11) the following: ``(12) Clean energy projects at brownfield sites.-- ``(A) Definition of clean energy project.--In this paragraph, the term `clean energy project' means-- ``(i) a facility that generates renewable electricity from wind, solar, or geothermal energy; and ``(ii) any energy efficiency improvement project at a facility, including combined heat and power and district energy. ``(B) Establishment.--The Administrator shall establish a program to provide grants-- ``(i) to eligible entities to carry out inventory, characterization, assessment, planning, feasibility analysis, design, or remediation activities to locate a clean energy project at 1 or more brownfield sites; and ``(ii) to capitalize a revolving loan fund for the purposes described in clause (i). ``(C) Maximum amount.--A grant under this paragraph shall not exceed $500,000.''. SEC. 10. TARGETED FUNDING FOR STATES. Paragraph (15) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended by adding at the end the following: ``(C) Targeted funding.--Of the amounts made available under subparagraph (A) for a fiscal year, the Administrator may use not more than $2,000,000 to provide grants to States for purposes authorized under section 128(a), subject to the condition that each State that receives a grant under this subparagraph shall have used at least 50 percent of the amounts made available to that State in the previous fiscal year to carry out assessment and remediation activities under section 128(a).''. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Brownfields Revitalization Funding.--Paragraph (15)(A) of section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) (as redesignated by section 3(1)) is amended by striking ``2006'' and inserting ``2016''. (b) State Response Programs.--Section 128(a)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is amended by striking ``2006'' and inserting ``2016''.

Brownfields Utilization, Investment, and Local Development Act of 2013 or the BUILD Act - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to include among entities eligible for brownfields revitalization funding: (1) a tax-exempt charitable organization, (2) a limited liability corporation in which all managing members are tax-exempt charitable organizations or limited liability corporations whose sole members are such organizations, (3) a limited partnership in which all general partners are tax-exempt charitable organizations or limited liability corporations whose sole members are such organizations, or (4) a qualified community development entity. Requires the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at brownfield sites in a proposed area. Revises the brownfield site characterization and assessment grant program to authorize an eligible entity that is a governmental entity to receive a grant for property acquired by such governmental entity prior to January 11, 2002, even if the governmental entity does not qualify as a bona fide prospective purchaser as defined under such Act. Increases the maximum amount the President may give in grants and loans to eligible entities for brownfield remediation. Repeals prohibitions on giving grants and loans for brownfields revitalization for administrative costs and the cost of complying with federal law. Excludes from the meaning of "administrative costs" costs for investigating and identifying the extent of the contamination, designing and performing a response action, or monitoring a natural resource. Requires the Administrator to give priority to small communities, Indian tribes, rural areas, or low-income areas with a population of not more than 15,000 in providing assistance to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation. Requires the Administrator, in giving grants for brownfields revitalization, to give consideration to waterfront brownfield sites. Requires the Administrator to establish a program to provide grants to: (1) carry out inventory, characterization, assessment, planning, feasibility analysis, design, or remediation activities to locate a clean energy project at brownfield sites; and (2) capitalize a revolving loan fund for such purposes. Authorizes the Administrator to provide grants for state response programs. Extends the authorizations of appropriations for brownfields revitalization funding and state response programs.

BUILD Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restitution for the Exonerated Act of 2009''. SEC. 2. GRANT PROGRAM AUTHORIZED. (a) Exoneree Services Grants Authorized.--The Attorney General may award grants to eligible organizations to carry out programs that provide support services to exonerees. (b) Grant Period; Renewability.--A grant awarded under this section shall be for a period of one year, and may be renewed for subsequent one-year periods as the Attorney General determines to be appropriate. (c) Supplemental Funds.--The Attorney General may provide to an eligible organization awarded funds under a grant under subsection (a) for a period described in subsection (b), additional funds under such grant during such period if the Attorney General determines that the organization has need for such additional funds, such as in the case that the number of exonerees entering the population served by such organization is greater than such number expected by the organization. SEC. 3. GRANT USES. (a) Activities.--A grant awarded under this Act to an eligible organization shall be used only-- (1) to carry out a program that provides and coordinates the delivery of support services for exonerees, including-- (A) employment training; (B) vocational training; (C) education; (D) health care services; (E) mental health services; (F) housing assistance; (G) substance abuse training; (H) legal assistance; (I) children and family support; and (J) other appropriate services, as determined by the Attorney General; and (2) for administrative expenses necessary to carry out the program described in paragraph (1), including staff salaries and training. (b) Limitations.--A grant awarded under this Act may not be used to provide support services-- (1) to an exoneree who has not demonstrated financial need for such services; or (2) for a period of more than 24 months for any exoneree. SEC. 4. APPLICATIONS. (a) In General.--To request a grant under this Act, an eligible organization shall submit to the Attorney General an application at such time, in such manner, and containing such information as the Attorney General may require. Such application shall-- (1) describe the program to be funded by the grant, and the need for such program; (2) describe a long-term strategy and detailed implementation for such program; (3) identify the governmental and community agencies with which the program will collaborate, and that the program will utilize to enhance exoneree services; and (4) describe the methodology and outcome measures that will be used to evaluate the effectiveness of such program. (b) Application Deadlines.--The Attorney General shall solicit and review applications for grants under this Act at least once during each 6-month period. (c) Priority Based on Need.--In awarding grants under this Act, the Attorney General shall give priority to eligible organizations that serve geographic regions that have the greatest need for exoneree support services, as determined by the Attorney General. SEC. 5. REPORTS. For each year in which an eligible organization receives a grant under this Act, the eligible organization shall submit a report to the Attorney General that describes the program carried out by the organization with such grant, and evaluates the effectiveness of such program during such year. SEC. 6. DEFINITIONS. In this Act: (1) Eligible organization.--The term ``eligible organization'' means any nonprofit organization that-- (A) has experience and expertise in coordinating and delivering support services specific to the needs of exonerees; or (B) demonstrates the capacity to effectively coordinate and deliver such support services, as determined by the Attorney General. (2) Exoneree.--The term ``exoneree'' means an individual who-- (A) has been convicted by a Federal or State court of an offense that is punishable by a term of imprisonment that is equal to or greater than one year; (B) has served a term of imprisonment of at least 6 months in a Federal or State prison or other correctional facility as a result of such conviction; and (C) has been determined to be factually innocent of such offense. (3) Factually innocent.--The term ``factually innocent'' means, with respect to an individual who has been convicted of an offense described in paragraph (2)(A), one or more of the following has occurred: (A) A court has issued a factual finding of innocence. (B) The Governor of the State in which the individual was convicted or the President, as applicable, has issued a pardon based on the facts of the offense for which the individual was convicted. (C) A court has vacated or reversed the conviction based on legal insufficiency of the evidence or other factual finding of actual innocence, and the Federal, State, or local government has dismissed the accusatory instrument. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $2,000,000 for each of the fiscal years 2010 through 2014. Amounts authorized under this section shall remain available until expended.

Restitution for the Exonerated Act of 2009 - Authorizes the Attorney General to award grants and supplemental funds to nonprofit organizations to be used only to provide support services (e.g., employment training, health care services, and legal assistance) to exonerees. Prohibits services for exonerees who have not demonstrated financial need or for a period of more than 24 months. Defines "exoneree" as an individual who has been convicted of a crime carrying a prison sentence of one year or more, has served at least six months of such prison sentence, and has been determined to be factually innocent of the crime.

To authorize grants for programs that provide support services to exonerees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) In recent years it has become clear that programs funded by the Edward Byrne Memorial Justice Assistance Grant program (Byrne Grants) have perpetuated racial disparities, corruption in law enforcement, and the commission of civil rights abuses across the country. This is especially the case when it comes to the program's funding of hundreds of regional antidrug task forces. The grants for these antidrug task forces have been dispensed to State governments with very little Federal oversight and have been prone to misuse and corruption. (2) Numerous Government Accountability Office reports have found that the United States Justice Department has inadequately monitored Byrne discretionary grants. A 2001 General Accounting Office report found that a third of the grants did not contain required monitoring plans. 70 percent of grant files did not contain required progress reports. 41 percent did not contain financial reports covering the full grant period. A 2002 report by the Heritage Foundation reported that ``there is virtually no evidence'' that Byrne grants have been successful in reducing crime and that the program lacks ``adequate measures of performance''. (3) A 2002 report by the American Civil Liberties Union of Texas identified 17 recent scandals involving Byrne-funded antidrug task forces in Texas, including cases of the falsification of Government records, witness tampering, fabricating evidence, false imprisonment, stealing drugs from evidence lockers, selling drugs to children, large-scale racial profiling, sexual harassment, and other abuses of official capacity. Recent scandals in other States include the misuse of millions of dollars in Byrne grant money in Kentucky and Massachusetts, wrongful convictions based on police perjury in Missouri, and negotiations with drug offenders to drop or lower their charges in exchange for money or vehicles in Alabama, Arkansas, Georgia, Massachusetts, New York, Ohio, and Wisconsin. (4) The most well-known Byrne-funded task force scandal occurred in Tulia, Texas, where dozens of African American residents (totaling over 16 percent of the town's African American population) were arrested, prosecuted, and sentenced to decades in prison, based solely on the uncorroborated testimony of one undercover officer whose background included past allegations of misconduct, sexual harassment, unpaid debts, and habitual use of a racial epithet. The undercover officer was allowed to work alone, and not required to provide audiotapes, video surveillance, or eyewitnesses to corroborate his allegations. Despite the lack of physical evidence or corroboration, the charges were vigorously prosecuted. After the first few trials resulted in convictions and lengthy sentences, many defendants accepted plea bargains. Suspicions regarding the legitimacy of the charges eventually arose after two of the accused defendants were able to produce convincing alibi evidence to prove that they were out of State or at work at the time of the alleged drug purchases. Texas Governor Rick Perry eventually pardoned the Tulia defendants (after four years of imprisonment), but these kinds of scandals continue to plague Byrne grant program spending. (5) A case arose in a Federal court in Waco, Texas concerning the wrongful arrest of 28 African Americans out of 4,500 other residents of Hearne, Texas. In November 2000, these individuals were arrested on charges of possession or distribution of crack cocaine, and they subsequently filed a case against the county government. On May 11, 2005, a magistrate judge found sufficient evidence that a Byrne-funded anti-drug task force had routinely targeted African Americans to hold the county liable for the harm suffered by the plaintiffs. Plaintiffs in that lawsuit alleged that for the past 15 years, based on the uncorroborated tales of informants, task force members annually raided the African American community in eastern Hearne to arrest the residents identified by the confidential informants, resulting in the arrest and prosecution of innocent citizens without cause. On the eve of trial the counties involved in the Hearne task force scandal settled the case, agreeing to pay financial damages to the plaintiffs. (6) Byrne grant-related scandals have grown so prolific that the Texas legislature has passed several reforms in response to them, including outlawing racial profiling and changing Texas law to prohibit drug offense convictions based solely on the word of an undercover informant. The Criminal Jurisprudence Committee of the Texas House of Representatives issued a report in 2004 recommending that all of the State's federally funded antidrug task forces be abolished because they are inherently prone to corruption. The Committee reported, ``Continuing to sanction task force operations as stand-alone law enforcement entities--with widespread authority to operate at will across multiple jurisdictional lines--should not continue. The current approach violates practically every sound principle of police oversight and accountability applicable to narcotics interdiction.'' Most recently the Texas legislature passed a law that ends the ability of a narcotics task force to operate as an entity with no clear accountability. The legislation transfers authority for multicounty drug task forces to the Department of Public Safety and channels one- quarter of asset forfeiture proceeds received by the task forces to a special fund to support drug abuse prevention programs, drug treatment and other programs designed to reduce drug use in the county where the assets are seized. (7) Texas's ``corroboration'' law was passed thanks to a coalition of Christian conservatives and civil rights activists. As one Texas preacher related, requiring corroboration ``puts a protective hedge around the ninth commandment, `You shall not bear false witness against your neighbor.' As long as people bear false witness against their neighbors, this Biblical law will not be outdated.'' (8) During floor debate, conservative Texas legislators pointed out that Mosaic law requires corroboration: ``One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.'' Deuteronomy 19:15. Jesus concurred with the corroboration rule: ``If thy brother shall trespass against thee, go and tell him his fault between thee and him alone. . . . But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established.'' Matthew 18:15-16. (9) Texas's ``corroboration'' law had an immediate positive impact. Once prosecutors needed more than just the word of one person to convict someone of a drug offense they began scrutinizing law enforcement tactics. This new scrutiny led to the uncovering of massive corruption and civil rights abuse by the Dallas police force. In what became known nationally as the ``Sheetrock'' scandal, Dallas police officers and undercover informants were found to have set up dozens of innocent people, mostly Mexican immigrants, by planting fake drugs on them consisting of chalk-like material used in Sheetrock and other brands of wallboard. The revelations led to the dismissal of over 40 cases (although some of those arrested were already deported). In April 2005, a former Dallas narcotics detective was sentenced to 5 years in prison for his role in the scheme. Charges against others are pending. (10) Many regional antidrug task forces receive up to 75 percent of their funding from the Byrne grant program. As such, the United States Government is accountable for corruption and civil rights abuses inherent in their operation. It is the sense of Congress that Byrne grants should be prohibited for States that do not exercise effective control over these task forces. At a bare minimum, no State that fails to prohibit criminal convictions based solely on the testimony of a law enforcement officer or informants should receive a Byrne grant. Corroborative evidence (video or audio tape, drugs, and money, etc.) should always be required for such convictions to be sustained. SEC. 3. LIMITATION ON RECEIPT OF BYRNE GRANT FUNDS AND OTHER DEPARTMENT OF JUSTICE LAW ENFORCEMENT ASSISTANCE. (a) Limitation.--For any fiscal year, a State shall not receive any amount that would otherwise be allocated to that State under section 506 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756), or any amount from any other law enforcement assistance program of the Department of Justice, unless the State-- (1) does not fund any drug task forces for that fiscal year; or (2) has in effect throughout the State laws that ensure-- (A) a person is not convicted of a drug offense unless the fact that a drug offense was committed, and the fact that the person committed that offense, are each supported by evidence other than the eyewitness testimony of a law enforcement officer or individuals acting on behalf of law enforcement officers; and (B) a law enforcement officer does not participate in a drug task force unless the honesty and integrity of that officer is evaluated and found to be at an appropriately high level. (b) Regulations.--The Attorney General shall prescribe regulations to carry out subsection (a). (c) Reallocation.--Amounts not allocated by reason of subsection (a) shall be reallocated to States not disqualified by failure to comply with subsection (a). SEC. 4. COLLECTION OF DATA. (a) In General.--A State recipient of funds under section 3(a)(2) shall collect data, for the last year funds were allocated, as to the-- (1) racial distribution of charges made during that year; (2) nature of the criminal law specified in the charges made; and (3) city or law enforcement jurisdiction in which the charge was made. (b) Report.--The data collected under subsection (a) shall be reported to Congress within 180 days prior to the award of funds for each fiscal year of eligibility to receive grants.

No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2005 - Prohibits a state from receiving for a fiscal year any drug control and system improvement (Byrne) grant funds under the Omnibus Crime Control and Safe Streets Act of 1968, or any amount from any other law enforcement assistance program of the Department of Justice, unless the state does not fund any drug task forces for that fiscal year or the State has in effect laws that ensure that: (1) a person is not convicted of a drug offense unless the facts that a drug offense was committed and that the person committed that offense are supported by evidence other than the eyewitness testimony of a law enforcement officer (officer) or individuals acting on an officer's behalf; and (2) an officer does not participate in a drug task force unless that officer's honesty and integrity is evaluated and found to be at an appropriately high level. Provides for reallocation of sums not allocated by reason of this provision to states not so disqualified. Requires state recipients of funds to collect data for the last year funds were allocated regarding: (1) the racial distribution of charges made during that year; (2) the nature of the criminal law specified in the charges; and (3) the city or law enforcement jurisdiction in which the charge was made.

To increase the evidentiary standard required to convict a person for a drug offense, to require screening of law enforcement officers or others acting under color of law participating in drug task forces, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rio Puerco Watershed Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) over time, extensive ecological changes have occurred in the Rio Puerco watershed, including-- (A) erosion of agricultural and range lands; (B) impairment of waters due to heavy sedimentation; (C) reduced productivity of renewable resources; (D) loss of biological diversity; (E) loss of functioning riparian areas; and (F) loss of available surface water; (2) damage to the watershed has seriously affected the economic and cultural well-being of its inhabitants, including-- (A) loss of existing communities that were based on the land and were self-sustaining; and (B) adverse effects on the traditions, customs, and cultures of the affected communities; (3) a healthy and sustainable ecosystem is essential to the long-term economic and cultural viability of the region; (4) the impairment of the Rio Puerco watershed has damaged the ecological and economic well-being of the area below the junction of the Rio Puerco with the Rio Grande including-- (A) disruption of ecological processes; (B) water quality impairment; (C) significant reduction in the water storage capacity and life expectancy of the Elephant Butte Dam and Reservoir system due to sedimentation; (D) chronic problems of irrigation system channel maintenance; and (E) increased risk of flooding caused by sediment accumulation; (5) the Rio Puerco is a major tributary of the Rio Grande and the coordinated implementation of ecosystem-based best management practices for the Rio Puerco system could benefit the larger Rio Grande system; (6) the Rio Puerco watershed has been stressed from the loss of native vegetation, introduction of exotic species, and alteration of riparian habitat which have disrupted the original dynamics of the river and disrupted natural ecological processes; (7) the Rio Puerco watershed is a mosaic of private, Federal, tribal trust, and State land ownership with diverse, sometimes differing management objectives; (8) development, implementation, and monitoring of an effective watershed management program for the Rio Puerco watershed requires cooperation among-- (A) the Bureau of Land Management; (B) the Rio Puerco Watershed Committee; (C) the National Forest Service; (D) the Pueblos of Acoma, Isleta, Jemez, and Laguna; (E) the Eastern and Canoncito Bands of the Navajo nation; (F) the Jicarilla Apache Tribe; (G) the Bureau of Reclamation; (H) the Geological Survey; (I) the Bureau of Indian Affairs; (J) the Fish and Wildlife Service; (K) the Soil and Conservation Service; (L) the Army Corps of Engineers; (M) the National Park Service; (N) the State of New Mexico; (O) private landowners; (P) local and regional governmental entities; (Q) other interested citizens; and (R) affected local soil and water conservation districts; (9) the Secretary of the Interior, acting through the Director of the Bureau of Land Management, in consultation with the entities listed in paragraph (7), and in cooperation with the Rio Puerco Watershed Committee, is best suited to coordinate management efforts in the Rio Puerco watershed; and (10) accelerating the pace of improvement in Rio Puerco watershed on a coordinated, cooperative basis will benefit persons living in the watershed as well as downstream users on the Rio Grande. SEC. 3. MANAGEMENT PROGRAM. (a) In General.--The Secretary of the Interior, acting through the Bureau of Land Management and in consultation with the Rio Puerco Management Committee established pursuant to section 4, shall-- (1) establish a clearinghouse for research and information on management within the Rio Puerco watershed, as described in the attached map, including-- (A) current and historical natural resource conditions; (B) data concerning the extent and causes of watershed impairment; and (C) implementation, monitoring, and evaluation of best management practices initiated within the watershed; and (2) provide support to the Rio Puerco Management Committee to identify objectives, coordinate implementation of best management practices, and monitor results. (b) Rio Puerco Management Plan.--Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Rio Puerco Management Committee, shall prepare a plan for the restoration of the Rio Puerco watershed. The plan shall-- (1) identify reasonable and appropriate goals and objectives for landowners and managers in the Rio Puerco watershed; (2) describe potential alternative actions to meet the goals and objectives, including proven best management practices and costs associated with implementing the actions; (3) recommend voluntary implementation of appropriate best management practices on both public and private lands; (4) provide for cooperative development of management guidelines for maintaining and improving the ecological, cultural, and economic conditions on both public and private lands; (5) provide for the development of public participation and community outreach programs that would include proposals for-- (A) cooperative efforts with private landowners to encourage implementation of best management practices within the watershed; and (B) involving private citizens in restoring the watershed; (6) provide for the development of proposals for voluntary cooperative programs among the Rio Puerco Management Committee membership to implement best management practices in a coordinated, consistent, and cost-effective manner; (7) provide for the encouragement and support implementation of best management practices on private lands; and (8) provide for the development of proposals for a monitoring system that-- (A) builds upon existing data available from private, Federal, and State sources; (B) provides for the coordinated collection, evaluation, and interpretation of additional data as needed or collected; and (C) will provide information to-- (i) assess existing resource and socioeconomic conditions; (ii) identify priority implementation actions; and (iii) assess the effectiveness of actions taken. (c) Additional Assistance.--If the Secretary of the Interior determines that employment of additional personnel is necessary to carry out this Act, the Secretary shall, where feasible, employ individuals who reside in the vicinity of the Rio Puerco watershed restoration area. SEC. 4. RIO PUERCO MANAGEMENT COMMITTEE. (a) Establishment.--There is established the Rio Puerco Management Committee (referred to in this section as the ``Committee''). (b) Membership.--The Committee shall be convened by a representative of the Bureau of Land Management, and shall include representatives from-- (1) the Rio Puerco Watershed Committee; (2) affected tribes and pueblos; (3) the National Forest Service of the Department of Agriculture; (4) the Bureau of Reclamation; (5) the Geological Survey; (6) the Bureau of Indian Affairs; (7) the Fish and Wildlife Service; (8) the Army Corps of Engineers; (9) the Soil and Conservation Service of the Department of Agriculture; (10) the State of New Mexico, including the New Mexico Environment Department and the State Engineer; (11) affected local Soil and Water Conservation Districts; (12) the Elephant Butte Irrigation District; (13) private landowners; and (14) other interested citizens. (c) Duties.--The Rio Puerco Management Committee shall-- (1) advise the Secretary of the Interior, acting through the Director of the Bureau of Land Management, on the development and implementation of the Rio Puerco Management Program described in section 3; and (2) serve as a forum for information about activities that may affect or further the development and implementation of the best management practices described in section 3. SEC. 5. REPORT. Two years after the date of enactment of this Act, and biennially thereafter, the Secretary of the Interior, in consultation with the Rio Puerco Management Committee, shall transmit to the Committee on Energy and Natural Resources of the Senate and to the Committee on Natural Resources of the House of Representatives a report containing-- (1) a summary of accomplishments as outlined in section 3; and (2) proposals for joint implementation efforts, including funding recommendations. SEC. 6. LOWER RIO GRANDE HABITAT STUDY. (a) In General.--The Secretary of the Interior, acting through the Director of the Fish and Wildlife Service shall, in cooperation with the States of New Mexico and Texas, conduct a study of the Rio Grande from Caballo Lake to the Gulf of Mexico. The study shall include-- (1) a survey of the current habitat conditions of the river and its riparian environment; (2) identification of the changes in vegetation and habitat over the past 400 years and the affect of the changes on the river and riparian area; and (3) an assessment of the feasibility, benefits, and problems associated with activities to prevent further habitat loss and restoration of habitat through reintroduction or establishment of appropriate native plant species. (b) Transmittal.--Not later than 1 year after the date on which funds are made available to carry out this Act, the Secretary shall transmit the study authorized by this section to the Committee on Energy and Natural Resources of the Senate and to the Committee on Natural Resources of the House of Representatives. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, and to implement the plan prepared pursuant to section 3(b).

Rio Puerco Watershed Act of 1994 - Directs the Secretary of the Interior to: (1) establish a clearinghouse for research and information on the management of the Rio Puerco Watershed; and (2) provide support to the Rio Puerco Management Committee to identify objectives, coordinate implementation of best management practices, and monitor results concerning the watershed's management. Directs the Secretary to prepare a plan for the restoration of such watershed. Establishes the Rio Puerco Management Committee to: (1) advise the Secretary on the development and implementation of the management program; and (2) serve as a forum of information concerning the watershed and implementation of best management practices. Directs the Secretary to: (1) report to specified congressional committees on the implementation of this Act; and (2) study and report to such committees on the Rio Grande from Caballo Lake to the Gulf of Mexico. Authorizes appropriations.

Rio Puerco Watershed Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Dairy Farmer Preservation Act of 2003''. SEC. 2. NATIONAL COUNTER-CYCLICAL INCOME SUPPORT PROGRAM FOR DAIRY PRODUCERS. (a) Income Support for Eligible Producers.--During the period beginning on the date of the enactment of this Act and ending on September 30, 2011, the Secretary shall carry out a program to support the income of eligible producers of milk. (b) Definitions.--In this section: (1) The term ``Board'' means a Regional Dairy Board established under subsection (e). (2) The terms ``Class I milk'', ``Class II milk'', ``Class III milk'', and ``Class IV milk'' mean milk (including components of milk) classified as Class I, II, III, or IV milk, respectively, under an order. (3) The term ``Class I mover'' means the greater of-- (A) the Advanced Class III milk price (as determined under section 1000.50(q)(4)(i) of title 7, Code of Federal Regulations (or a successor regulation)); and (B) the Advanced Class IV milk price (as determined under section 1000.50(q)(4)(ii) of title 7, Code of Federal Regulations (or a successor regulation)). (4) The term ``covered processor'' means a milk plant located in a participating State or a milk plant that, while not located in a participating State, distributes Class I milk products in a participating State. (5) The term ``District'' means a Regional Dairy District established under subsection (d). (6) The term ``eligible producer'' means an individual or entity that directly or indirectly has an interest in the production of milk in a participating State. (7) The term ``eligible production'' means the lesser of-- (A) the quantity of milk produced by an eligible producer during a month; or (B) 500,000 pounds per month. (8) The term ``marketing area'' means a marketing area subject to an order. (9) The term ``order'' means an order issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, or a comparable State order, as determined by the Secretary. (10) The term ``participating State'' means a State covered by subsection (c). (11) The term ``Secretary'' means the Secretary of Agriculture. (12) The term ``State'' means each of the 48 contiguous States of the United States. (13) The term ``Trust Fund'' means the National Dairy Producers Trust Fund. (c) Participating States.-- (1) Specified states.--The following States are participating States for purposes of the program authorized by this section: Alabama, Arkansas, Connecticut, Delaware, Georgia, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, and West Virginia. (2) Other states.--The Governor of a State not specified in paragraph (1) may designate the State as a participating State by providing notice to the Secretary in the manner prescribed by the Secretary. (3) Withdrawal.--To withdraw a State from participation in the program, the Governor of the State (with the concurrence of the legislature of the State) shall provide written notice to the Secretary of the withdrawal of the State. (4) Effective date of withdrawal.--The withdrawal of a State from participation in the program takes effect-- (A) in the case of written notice provided during the 180-day period beginning on the date of the enactment of this Act, on the date on which the notice is provided to the Secretary under paragraph (3); and (B) in the case of written notice provided after such period, on the date that is one year after the date on which the notice is provided to the Secretary under paragraph (3). (5) Effect of participation on eligibility for other dairy programs.--Eligible producers operating in a participating State may not receive payments under section 1502 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7982), notwithstanding any contract entered into under subsection (b) of such section before the date of the enactment of this Act. Payments made under such a contract before such date shall not be recovered, but no further payments shall be made under the contract. (d) Regional Dairy Districts.--The Secretary shall establish five Regional Dairy Districts that are composed of the following participating States: (1) Northeast district.--A Northeast District consisting of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, and Vermont. (2) Southern district.--A Southern District consisting of the States of Alabama, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, Tennessee, Virginia, and West Virginia. (3) Upper midwest district.--An Upper Midwest District consisting of the States of Illinois, Indiana, Iowa, Michigan, Minnesota, North Dakota, South Dakota, and Wisconsin. (4) Intermountain district.--An Intermountain District consisting of the States of Arizona, Colorado, Idaho, Montana, Nevada, Utah, and Wyoming. (5) Pacific district.--A Pacific District consisting of the States of California, Oregon, and Washington. (e) Regional Dairy Boards.-- (1) In general.--Each District shall be administered by a Regional Dairy Board. (2) Composition.--The Board of a District shall be composed of not less than two, and not more than three, members from each participating State in the District, appointed by the Secretary from nominations submitted by the Governor of the State. (3) Nominations.--The Governor of a participating State shall nominate at least five residents of the State to serve on the Board, of which-- (A) at least one nominee shall be an eligible producer at the time of nomination; and (B) at least one nominee shall be a consumer representative. (f) National Dairy Producers Trust Fund.-- (1) Establishment and funding.--There is established in the Treasury of the United States a trust fund to be known as the National Dairy Producers Trust Fund, which shall consist of-- (A) the payments received by the Secretary and deposited in the Trust Fund under subsection (g); and (B) the payments made by the Secretary to the Trust Fund under subsection (h). (2) Expenditures.--Amounts in the Trust Fund shall be available to the Secretary, to the extent provided for in advance in an appropriations Act, to carry out this section. (g) Payments From Covered Processors to Trust Fund.-- (1) Payments required.--During any month for which the Class I mover is less than $14.25, each covered processor that purchases Class I milk during the month that will be sold in a participating State shall pay to the Secretary for deposit in the Trust Fund an amount obtained by multiplying-- (A) the difference between $14.25 per hundredweight and the Class I mover; by (B) the quantity of Class I milk purchased from eligible producers during the month. (2) Compensatory payments.--The Secretary shall promulgate regulations requiring persons who sell Class I milk into a participating State to make compensatory payments into the Trust Fund with respect to all such milk to the extent necessary to equalize the cost of milk purchased by persons subject to paragraph (1). In no case may a compensatory payment be required on Class I milk on which a payment has been made under paragraph (1). (h) Counter-Cyclical Payments From Secretary to Trust Fund.--If the average price for Class III milk during a month is less than $13.25 per hundredweight, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation (in such amounts as may be necessary) to make a payment each month to the Trust Fund in an amount determined by multiplying-- (1) 25 percent of the difference between $13.25 per hundredweight and the weighted average of the price received by producers in each participating State for Class III milk during the month, as determined by the Secretary; by (2) the quantity of eligible production of Class II, Class III, and Class IV milk produced in the various participating States during the month, as determined by the Secretary. (i) Compensation From Trust Fund for Administrative and Increased Food Assistance Costs.--The Secretary shall use amounts in the Trust Fund to provide compensation-- (1) to the Secretary for administrative costs incurred by the Secretary and Boards in carrying out this section; (2) to the Secretary to cover the increased cost of any milk and milk products provided under any food assistance program administered by the Secretary that results from carrying out this section; and (3) to each State for the increased costs incurred by the State of any milk or milk products provided under the Special Supplemental Nutrition Program for Women, Infants, and Children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) that results from carrying out this section (j) Payments From Trust Fund to Boards.-- (1) In general.--The Secretary shall use any amounts in the Trust Fund that remain after providing the compensation required under subsection (i) to make monthly payments to Boards. (2) Amount.--The amount of a payment made to a Board of a District for a month under paragraph (1) shall bear the same ratio to payments made to all Boards for the month as the eligible production in the District during the month bears to eligible production sold in all Districts. (k) Payments by Boards to Producers.-- (1) In general.--With the approval of the Secretary, a Board of a District shall use payments received under subsection (j) to make payments to eligible producers for eligible production of milk that is produced in a participating State in the District. (2) Limitation.--An eligible producer may not receive payments under this subsection on production in excess of 500,000 pounds of milk per month (3) Supply management.--In carrying out paragraph (1), a Board of a District may-- (A) use a portion of the payments described in paragraph (1) to provide bonuses or other incentives to eligible producers for eligible production to manage the supply of milk produced in the District; and (B) request the Secretary to review a proposed action under subparagraph (A). (4) Reimbursement of commodity credit corporation.-- (A) In general.--If the Secretary determines that the Commodity Credit Corporation has incurred additional costs in a fiscal year to carry out section 1501 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7981) as a result of overproduction of milk in a District due solely to the operation of this section in that District, the Secretary shall require the Board of that District to reimburse the Commodity Credit Corporation for the additional costs. The amount of any reimbursement by a Board under this subparagraph is limited to the amount that would otherwise be available to the Board to make payments to producers under subsection (j). (B) Board assessment.--The Board of the District may impose an assessment on producers within participating States in the District to compensate the Commodity Credit Corporation for the additional costs.

Family Dairy Farmer Preservation Act of 2003 - Directs the Secretary of Agriculture to carry out counter-cyclical income support programs for dairy producers in participating States through September 30, 2011. Limits individual or entity payments to 550,000 pounds of milk per month.Sets forth the following participating States: (1) Alabama; (2) Arkansas; (3) Connecticut; (4) Delaware; (5) Georgia; (6) Kansas; (7) Kentucky; (8) Louisiana; (9) Maine; (10) Maryland; (11) Massachusetts; (12) Mississippi; (13) Missouri, (14) New Hampshire; (15) New Jersey; (16) New York; (17) North Carolina; (18) Oklahoma; (19) Pennsylvania; (20) Rhode Island; (21) South Carolina; (22) Tennessee; (23) Vermont; (24) Virginia; and (25) West Virginia. Provides that the Governor of another State may designate the State as a participating State by notifying the Secretary.Makes participating producers ineligible for national dairy market loss payments.Directs the Secretary to establish five Regional Dairy Districts, each of which to be administered by a Regional Dairy Board.Establishes in the Treasury a National Dairy Producers Trust Fund, to be funded by specified processor payments and counter-cyclical payments from the Secretary.States that if the Secretary determines that the Commodity Credit Corporation has incurred additional milk price support costs as a result of overproduction in a District due solely to the operation of the counter-cyclical income support program, the Board of that District shall reimburse the Commodity Credit Corporation for such costs.

To establish a counter-cyclical income support program for dairy producers.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Advisory Committee Act Amendments of 2010''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Ensuring independent advice and expertise. Sec. 3. Preventing efforts to circumvent the Federal Advisory Committee Act and public disclosure. Sec. 4. Increasing transparency of advisory committees. Sec. 5. Comptroller General review and reports. Sec. 6. Application of Federal Advisory Committee Act to Trade Advisory Committees. Sec. 7. Definitions. Sec. 8. Effective date. SEC. 2. ENSURING INDEPENDENT ADVICE AND EXPERTISE. (a) Bar on Political Litmus Tests.--Section 9 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended-- (1) in the section heading by inserting ``membership;'' after ``advisory committees;''; (2) by redesignating subsections (b) and (c) as subsections (e) and (f), respectively; and (3) by inserting after subsection (a) the following: ``(b) Appointments Made Without Regard to Political Affiliation or Activity.--All appointments to advisory committees shall be made without regard to political affiliation or political activity, unless required by Federal statute.''. (b) Minimizing Conflicts of Interest.--Section 9 of the Federal Advisory Committee Act (5 U.S.C. App.) is further amended by inserting after subsection (b) (as added by subsection (a)) the following: ``(c) Public Nominations of Committee Members.--Prior to appointing members to an advisory committee, the head of an agency shall give interested persons an opportunity to suggest potential committee members. The agency shall include a request for comments in the Federal Register notice required under subsection (a) and provide a mechanism for interested persons to comment through the official website of the agency. The agency shall consider any comments submitted under this subsection in selecting the members of an advisory committee. ``(d) Designation of Committee Members.-- ``(1) An individual appointed to an advisory committee who is not a full-time or permanent part-time officer or employee of the Federal Government shall be designated as-- ``(A) a special government employee, if the individual is providing advice based on the individual's expertise or experience; or ``(B) a representative, if the individual is representing the views of an entity or entities outside of the Federal Government. ``(2) An agency may not designate committee members as representatives to avoid subjecting them to Federal ethics rules and requirements. ``(3) The designated agency ethics official for each agency shall review the members of each advisory committee that reports to the agency to determine whether each member's designation is appropriate, and to redesignate members if appropriate. The designated agency ethics official shall certify to the head of the agency that such review has been made-- ``(A) following the initial appointment of members; and ``(B) at the time a committee's charter is renewed, or, in the case of a committee with an indefinite charter, every 2 years. ``(4) The head of each agency shall inform each individual appointed to an advisory committee that reports to the agency whether the individual is appointed as a special government employee or as a representative. The agency head shall provide each committee member with an explanation of the differences between special government employees and representatives and a summary of applicable ethics requirements. The agency head, acting through the designated agency ethics official, shall obtain signed and dated written confirmation from each committee member that the member received and reviewed the information required by this paragraph. ``(5) The Director of the Office of Government Ethics shall provide guidance to agencies on what to include in the summary of ethics requirements required by paragraph (4). ``(6) The head of each agency shall, to the extent practicable, develop and implement strategies to minimize the need for written determinations under section 208(b)(1) of title 18, United States Code. Strategies may include such efforts as improving outreach efforts to potential committee members and seeking public input on potential committee members.''. (c) Regulations Implementing FACA.--Section 7(c) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by inserting after ``(c)'' the following: ``The Administrator shall promulgate regulations as necessary to implement this Act.''. SEC. 3. PREVENTING EFFORTS TO CIRCUMVENT THE FEDERAL ADVISORY COMMITTEE ACT AND PUBLIC DISCLOSURE. (a) De Facto Members.--Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end the following: ``(d) Treatment of Individual as Member.--An individual who is not a full-time or permanent part-time officer or employee of the Federal Government shall be regarded as a member of a committee if the individual regularly attends and fully participates in committee meetings as if the individual were a member, even if the individual does not have the right to vote or veto the advice or recommendations of the advisory committee.''. (b) Subcommittees.--Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by striking subsection (a) and inserting the following: ``(a) Application.--The provisions of this Act or of any rule, order, or regulation promulgated under this Act shall apply to each advisory committee, including any subcommittee or subgroup thereof, except to the extent that any Act of Congress establishing any such advisory committee specifically provides otherwise. Any subcommittee or subgroup that reports to a parent committee established under section 9(a) is not required to comply with section 9(f). In this subsection, the term `subgroup' includes any working group, task force, or other entity formed for the purpose of assisting the committee or any subcommittee of the committee in its work.''. (c) Committees Created Under Contract.--Section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended in the matter following subparagraph (C) by adding at the end the following: ``An advisory committee is considered to be established by an agency, agencies, or the President if it is formed, created, or organized under contract, other transactional authority, cooperative agreement, grant, or otherwise at the request or direction of an agency, agencies, or the President.''. (d) Advisory Committees Containing Special Government Employees.-- Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is further amended by adding at the end the following new subsection: ``(e) Special Government Employees.--Committee members appointed as special government employees shall not be considered full-time or permanent part-time officers or employees of the Federal Government for purposes of determining the applicability of this Act under section 3(2).''. SEC. 4. INCREASING TRANSPARENCY OF ADVISORY COMMITTEES. (a) Information Requirement.--Section 11 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended-- (1) by striking the section designation and heading and inserting the following: ``SEC. 11. DISCLOSURE OF INFORMATION.''; (2) by redesignating subsection (a) as subsection (d) and in that subsection-- (A) by inserting the following subsection heading: ``Availability of Paper Copies of Transcripts.--''; and (B) by inserting after ``duplication,'' the following: ``paper''; (3) by striking ``(b)'' and inserting ``(e) Agency Proceeding Defined.--''; and (4) by inserting before subsection (d), as redesignated by paragraph (2), the following new subsections: ``(a) In General.--With respect to each advisory committee, the head of the agency to which the advisory committee reports shall make publicly available in accordance with subsection (b) the following information: ``(1) The charter of the advisory committee. ``(2) A description of the process used to establish and appoint the members of the advisory committee, including the following: ``(A) The process for identifying prospective members. ``(B) The process of selecting members for balance of viewpoints or expertise. ``(C) The reason each member was appointed to the committee. ``(D) A justification of the need for representative members, if any. ``(3) A list of all current members, including, for each member, the following: ``(A) The name of any person or entity that nominated the member. ``(B) Whether the member is designated as a special government employee or a representative. ``(C) In the case of a representative, the individuals or entity whose viewpoint the member represents. ``(4) A list of all members designated as special government employees for whom written certifications were made under section 208(b) of title 18, United States Code, a copy of each such certification, a summary description of the conflict necessitating the certification, and the reason for granting the certification. ``(5) Any recusal agreement made by a member or any recusal known to the agency that occurs during the course of a meeting or other work of the committee. ``(6) A summary of the process used by the advisory committee for making decisions. ``(7) Transcripts or audio or video recordings of all meetings of the committee. ``(8) Any written determination by the President or the head of the agency to which the advisory committee reports, pursuant to section 10(d), to close a meeting or any portion of a meeting and the reasons for such determination. ``(9) Notices of future meetings of the committee. ``(10) Any additional information considered relevant by the head of the agency to which the advisory committee reports. ``(b) Manner of Disclosure.-- ``(1) Except as provided in paragraph (2), the head of an agency shall make the information required to be disclosed under this section available electronically on the official public internet site of the agency at least 15 calendar days before each meeting of an advisory committee. If the head of the agency determines that such timing is not practicable for any required information, he shall make the information available as soon as practicable but no later than 48 hours before the next meeting of the committee. An agency may withhold from disclosure any information that would be exempt from disclosure under section 552 of title 5, United States Code. ``(2) The head of an agency shall make available electronically, on the official public internet site of the agency, a transcript or audio or video recording of each advisory committee meeting as required by subsection (a)(6) not later than 30 calendar days after the meeting. ``(c) Provision of Information by Administrator of General Services.--The Administrator of General Services shall provide, on the official public internet site of the General Services Administration, electronic access to the information made available by each agency under this section.''. (b) Charter Filing.--Section 9(f) of the Federal Advisory Committee Act (5 U.S.C. App.), as redesignated by section 2, is amended-- (1) by striking ``with (1) the Administrator,'' and all that follows through ``, or'' and inserting ``(1) with the Administrator and''; (2) by striking ``and'' at the end of subparagraph (I); (3) by striking the period and inserting a semicolon at the end of subparagraph (J); and (4) by adding at the end the following new subparagraphs: ``(K) the authority under which the committee is established; ``(L) the estimated number of members and a description of the expertise needed to carry out the objectives of the committee; ``(M) a description of whether the committee will be composed of special government employees, representatives, or members from both categories; and ``(N) whether the committee has the authority to create subcommittees and if so, the agency official authorized to exercise such authority.''. SEC. 5. COMPTROLLER GENERAL REVIEW AND REPORTS. (a) Review.--The Comptroller General of the United States shall review compliance by agencies with the Federal Advisory Committee Act, as amended by this Act, including whether agencies are appropriately appointing advisory committee members as either special government employees or representatives. (b) Report.--The Comptroller General shall submit to the committees described in subsection (c) two reports on the results of the review, as follows: (1) The first report shall be submitted not later than one year after the date of promulgation of regulations under section 2. (2) The second report shall be submitted not later than five years after such date of promulgation of regulations. (c) Committees.--The committees described in this subsection are the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 6. APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT TO TRADE ADVISORY COMMITTEES. Section 135(f)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2155) is amended by striking ``subsection (a) and (b) of sections 10 and 11 of the Federal Advisory Committee Act'' and inserting ``subsections (a) and (b) of section 10 and subsections (a)(7), (a)(8), (a)(9), (d), and (e) of section 11 of the Federal Advisory Committee Act''. SEC. 7. DEFINITIONS. Section 3 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end the following new paragraph: ``(5) The term `special Government employee' has the same meaning as in section 202(a) of title 18, United States Code.''. SEC. 8. EFFECTIVE DATE. This Act shall take effect 30 days after the date of the enactment of this Act. Passed the House of Representatives July 26, 2010. Attest: LORRAINE C. MILLER, Clerk.

Federal Advisory Committee Act Amendments of 2010 - (Sec. 2) Amends the Federal Advisory Committee Act (FACA) to require appointments to advisory committees to be made without regard to political affiliation or activity, unless otherwise required by federal statute. Directs the head of an agency, prior to appointing members to an advisory committee, to give interested persons an opportunity to suggest potential committee members. Directs the agency to: (1) include a request for comments in the required notice regarding establishment of the advisory committee; (2) provide a mechanism for interested persons to comment through the agency's official website; and (3) consider any comments submitted in selecting members. Requires an individual appointed to an advisory committee who is not a full-time or permanent part-time officer or employee of the federal government to be designated as: (1) a special government employee if the individual is providing advice based on the individual's expertise or experience; or (2) a representative if the individual is representing the views of an entity or entities outside of the federal government. Prohibits an agency from designating committee members as representatives to avoid subjecting them to federal ethics rules and requirements. Requires the designated ethics official for each agency to: (1) determine whether each agency advisory committee member's designation is appropriate and to redesignate members if necessary; and (2) certify to the agency head that such determination has been made following the initial appointment of members and at the time a committee's charter is renewed (or, in the case of a committee with an indefinite charter, every two years). Directs the agency head to: (1) inform each individual appointed to an agency advisory committee about whether the individual is appointed as a special government employee or as a representative, the differences between the two, and applicable ethics requirements; and (2) obtain a signed confirmation that each member received such information. Requires the Director of the Office of Government Ethics to provide guidance to agencies on such ethics requirements. Directs the agency head to develop and implement strategies to minimize the need for written determinations regarding whether an employee's financial interest is likely to affect the integrity of the services which the government may expect from such employee. Requires the Administrator of General Services to promulgate regulations to implement FACA. (Sec. 3) Deems: (1) an individual who is not a full-time or permanent part-time officer or employee of the federal government to be a member of an advisory committee if the individual regularly attends and participates in committee meetings, even if the individual does not have the right to vote; and (2) an advisory committee to be established by an agency or the President if it is formed, created, or organized under contract, other transactional authority, cooperative agreement, grant, or otherwise at the request or direction of an agency or the President. (Sec. 4) Requires the head of an agency to which an advisory committee reports to make available on the agency's official public Internet site: (1) the committee's charter; (2) the process used to establish and appoint committee members; (3) specified information about current members, including special government employees for whom conflict of interest certifications were made; (4) information about any recusals from any meeting or other work of the committee; (5) a summary each committee's decision-making process; (6) transcripts or recordings of committee meetings; (7) determinations to close meetings; and (8) notices of future meetings. Requires the Administrator to provide electronic access to such information on the General Services Administration's (GSA's) Internet site. Expands the information required to be disclosed about advisory committee charters. (Sec. 5) Requires the Comptroller General to review and report on agency compliance with FACA. (Sec. 6) Amends the Trade Act of 1974 to specify the applicability of FACA provisions to trade advisory committees.

To amend the Federal Advisory Committee Act to increase the transparency and accountability of Federal advisory committees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Vision Improvement and Learning Readiness Act of 2003''. SEC. 2. FINDINGS. Congress finds as follows: (1) Eighty percent of what children learn is acquired through the visual processing of information. (2) Visual impairment is one of the 10 most common causes of disability in America. In children, visual impairment is associated with developmental delays and the need for special education, vocational, and social services. At least 20 percent of children with learning disabilities have been found to have prominent visual information processing problems. (3) It is estimated that more than 10,000,000 children (from birth to age 10) suffer from vision problems, with one in 20 preschoolers and one in four school aged children affected. (4) It is estimated that only 14 percent of children under the age of 6 receive a comprehensive eye examination. Only one- third of all children have had an eye examination or vision screening prior to entering school. SEC. 3. GRANTS REGARDING COMPREHENSIVE EYE EXAMINATIONS FOR CHILDREN. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'' may make grants to States for the purpose of-- (1) providing comprehensive eye examinations for children identified or considered at high risk of vision impairment, with priority given to school-based programs for children who are under the age of 9; (2) providing subsequent treatment or services necessary to correct vision problems; and (3) developing and disseminating, to parents, teachers, health care practitioners, and the public, educational materials on recognizing signs of visual impairment in children, and the State's vision improvement initiatives. (b) Criteria and Coordination.-- (1) Criteria.--The Secretary, in consultation with appropriate professional and consumer organizations including individuals with knowledge of age appropriate vision services, shall develop criteria-- (A) governing the operation of the grant program; and (B) for the collection of data related to vision assessment and the utilization of followup services. (2) Coordination.--The Secretary shall, as appropriate, coordinate the program under subsection (a) with the program under section 330 of the Public Health Service Act (relating to health centers), the program under title XIX of the Social Security Act (relating to the Medicaid program), the program under title XXI of such Act (relating to the State children's health insurance program), and with other Federal or State program that provide services to children. (c) Application.--A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such information as the Secretary may require, including-- (1) information on existing Federal, Federal-State, or State-funded children's vision screening programs; (2) a plan for the use of grant funds, including how funds will be used to compliment existing State efforts; (3) a plan to determine if a grant eligible child has received an age appropriate vision screening; and (4) a description of how funds will be used to provide items or services only as a secondary payer to-- (A) any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by any entity that provides health services on a prepaid basis. (d) Evaluations.--A grant may be made under subsection (a) only if the State involved agrees that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including-- (1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant; (2) the collection, analysis, and reporting of children's vision data according to guidelines prescribed by the Secretary; and (3) such other information as the Secretary may require. (e) Definition.--For purposes of this section, the term ``comprehensive eye examination'' includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist. (f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $75,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 through 2007.

Children's Vision Improvement and Learning Readiness Act of 2003 - Allows the Secretary of Health and Human Services to make grants to States for the purposes of: (1) providing comprehensive eye examinations for children identified as being at high risk of vision impairment, with priority to go to children under nine years old; (2) providing subsequent treatment or services necessary to correct vision problems; and (3) developing and disseminating educational materials with regard to the need and benefits of comprehensive eye examinations for children.Directs the Secretary to develop criteria for the collection of data related to vision assessment and the utilization of followup services.Directs the Secretary to coordinate the grant program, as appropriate, with other Federal and State programs that provide services to children. Requires a State to submit an application to the Secretary in order to receive a grant, which shall include a plan for the use of the grant.Requires a State to submit to the Secretary an annual evaluation of the operations and activities carried out under a grant.

To establish a grant program to provide comprehensive eye examinations to children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Affordability Act''. TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986 SEC. 101. INCOME TAX CREDIT FOR PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (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 25D the following new section: ``SEC. 25E. PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE ATTAINED SOCIAL SECURITY RETIREMENT AGE. ``(a) In General.--In the case of an individual who has attained social security retirement age, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 80 percent of the amount paid by the taxpayer during the taxable year (and not compensated for by insurance or otherwise) for any prescribed drug (as defined in section 213(d)(3)) for use by such individual. ``(b) Social Security Retirement Age.--For purposes of this section, the term `social security retirement age' means retirement age (as defined in section 216(l)(1) of the Social Security Act). ``(c) Denial of Double Benefit.-- ``(1) Coordination with medical expense deduction.--The amount which would (but for this subsection) be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit (if any) allowed by this section to the taxpayer for such year. ``(2) Coordination with medical and health savings accounts.--No credit shall be allowed under this section for amounts paid from any Archer MSA (as defined in section 220(d)) or any health savings account (as defined in section 223(d)). ``(d) Election Not To Have Credit Apply.--This section shall not apply to a taxpayer for a taxable year if the taxpayer elects not to have this section apply for such year.''. (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 25D the following new item: ``Sec. 25E. Prescription drugs purchased by individuals who have attained social security retirement age.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act. TITLE II--AMENDMENTS TO FEDERAL FOOD, DRUG, AND COSMETIC ACT SEC. 201. FACILITATION OF IMPORTATION OF DRUGS APPROVED BY FOOD AND DRUG ADMINISTRATION. (a) In General.--Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended-- (1) by striking section 804; and (2) in section 801(d)-- (A) by striking paragraph (2); and (B) by striking ``(d)(1)'' and all that follows through the end of paragraph (1) and inserting the following: ``(d)(1)(A) A person who meets applicable legal requirements to be an importer of drugs described in subparagraph (B) may import such a drug (without regard to whether the person is a manufacturer of the drug) if the person submits to the Secretary an application to import the drug and the Secretary approves the application. ``(B) For purposes of subparagraph (A), the drugs described in this subparagraph are drugs that are subject to section 503(b)(1) or that are composed wholly or partly of insulin. ``(C) The Secretary shall approve an application under subparagraph (A) if the application demonstrates that the drug to be imported meets all requirements under this Act for the admission of the drug into the United States, including demonstrating that-- ``(i) an application for the drug has been approved under section 505, or as applicable, under section 351 of the Public Health Service Act; and ``(ii) the drug is not adulterated or misbranded. ``(D) Not later than 60 days after the date on which an application under subparagraph (A) is submitted to the Secretary, the Secretary shall-- ``(i) approve the application; or ``(ii) refuse to approve the application and provide to the person who submitted the application the reason for such refusal. ``(E) This paragraph may not be construed as affecting any right secured by patent.''. (b) Conforming Amendments.--Section 801(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(d)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (2) in subclause (III) of paragraph (2)(A)(i) (as redesignated by this subsection), by striking ``paragraph (4)'' and inserting ``paragraph (3)''; and (3) in paragraph (3) (as redesignated by this subsection), by striking ``paragraph (3)'' each place such term appears and inserting ``paragraph (2)''. SEC. 202. INTERNET SALES OF PRESCRIPTION DRUGS. Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) is amended by adding at the end the following paragraph: ``(6)(A) With respect to the interstate sale of a prescription drug through an Internet site, the Secretary may not with respect to such sale take any action under this Act against any of the persons involved if-- ``(i) the sale was made in compliance with this Act and with State laws that are applicable to the sale of the drug; and ``(ii) accurate information regarding compliance with this Act and such State laws is posted on the Internet site. ``(B) For purposes of subparagraph (A), the sale of a prescription drug by a person shall be considered to be an interstate sale of the drug through an Internet site if-- ``(i) the purchaser of the drug submits the purchase order for the drug, or conducts any other part of the sales transaction for the drug, through an Internet site; and ``(ii) pursuant to such sale, the person introduces the drug into interstate commerce or delivers the drug for introduction into such commerce. ``(C) Subparagraph (A) may not be construed as authorizing the Secretary to enforce any violation of State law. ``(D) For purposes of this paragraph, the term `prescription drug' means a drug that is subject to paragraph (1).''. SEC. 203. REGULATIONS OF SECRETARY OF HEALTH AND HUMAN SERVICES; EFFECTIVE DATE. (a) Regulations.--Before the expiration of the period specified in subsection (b), the Secretary of Health and Human Services shall promulgate regulations to carry out the amendments to the Federal Food, Drug, and Cosmetic Act that are made by sections 201 and 202. (b) Effective Date.--The amendments to the Federal Food, Drug, and Cosmetic Act that are made by sections 201 and 202 take effect upon the expiration of the one-year period beginning on the date of the enactment of this Act, without regard to whether the regulations required in subsection (a) have been promulgated.

Prescription Drug Affordability Act - Amends the Internal Revenue Code to allow a nonrefundable tax credit for 80 percent of the amount paid for a prescribed drug during the taxable year (and not compensated for by insurance or otherwise) by a taxpayer who has attained social security retirement age. Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to repeal provisions restricting the importation of prescription drugs. Allows a person who meets applicable legal requirements to be an importer of prescription drugs upon application to the Secretary of Health and Human Services. Requires the Secretary to approve such an application if the drug meets all FFDCA requirements for admission into the United States, including that the drug has been approved by the Food and Drug Administration (FDA) and is not adulterated or misbranded. Prohibits the Secretary from taking any action against any of the persons involved with the interstate sale of a prescription drug through an Internet site if: (1) the sale was made in compliance with applicable Federal and State laws; and (2) accurate information regarding compliance with such laws is posted on the Internet site.

To amend the Internal Revenue Code of 1986 with respect to the purchase of prescription drugs by individuals who have attained retirement age, and to amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs and the sale of such drugs through Internet sites.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dividend Taxation Elimination Act of 2003''. SEC. 2. EXEMPTION OF DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include dividends which are otherwise includible in gross income and which are received during the taxable year by an individual. ``(b) Limitation Before 2007.--In the case of a taxable year beginning before January 1, 2007, the aggregate amount excluded under subsection (a) for any taxable year shall not exceed-- ``(1) $25,000 in the case of taxable years beginning during 2003, ``(2) $50,000 in the case of taxable years beginning during 2004, ``(3) $75,000 in the case of taxable years beginning during 2005, and ``(4) $100,000 in the case of taxable years beginning during 2006. In the case of a joint return, the preceding sentence shall be applied by doubling each amount contained therein. ``(c) Special Rules.--For purposes of this section-- ``(1) Exclusion not to apply to capital gain dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of capital gain dividends, see sections 854(a) and 857(c). ``(2) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only in determining the taxes imposed for the taxable year pursuant to sections 871(b)(1) and 877(b). ``(3) Dividends from employee stock ownership plans.-- Subsection (a) shall not apply to any dividend described in section 404(k). ``(4) Certain dividends excluded.--Subsection (a) shall not apply to any dividend from a corporation which for the taxable year of the corporation in which the distribution is made is a corporation exempt from tax under section 521 (relating to farmers' cooperative associations).''. (b) Conforming Amendments.-- (1) Subparagraph (A) of section 32(i)(2) of such Code is amended by inserting ``(determined without regard to section 116)'' before the comma. (2) Subparagraph (B) of section 86(b)(2) of such Code is amended to read as follows: ``(B) increased by the sum of-- ``(i) the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and ``(ii) the amount of dividends received during the taxable year which are excluded from gross income under section 116.''. (3) Subsection (d) of section 135 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Coordination with section 116.--This section shall be applied before section 116.''. (4) Subsection (c) of section 584 of such Code is amended by adding at the end the following new flush sentence: ``The proportionate share of each participant in the amount of dividends received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.''. (5) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends.--There shall be included the amount of any dividends excluded from gross income pursuant to section 116.''. (6) Section 854(a) of such Code is amended by inserting ``section 116 (relating to exclusion of dividends received by individuals) and'' after ``For purposes of''. (7) Section 857(c) of such Code is amended to read as follows: ``(c) Restrictions Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) Treatment for section 116.--For purposes of section 116 (relating to exclusion of dividends received by individuals), a capital gain dividend (as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment for section 243.--For purposes of section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend.''. (8) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Exclusion of dividends received by individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Dividend Taxation Elimination Act of 2003 - Amends the Internal Revenue Code to exclude dividends from gross income, with specified exceptions. Sets forth exclusion limitations prior to 2007.

To amend the Internal Revenue Code of 1986 to allow individuals to exclude dividend income.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonappropriated Fund Equity Act''. SEC. 2. CREDITABILITY OF SERVICE. (a) In General.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1) Subject to paragraph (2), upon application to the Office of Personnel Management, any individual who is an employee or Member on the date of the enactment of this subsection, and who has on such date 5 or more years of creditable civilian service under this section (exclusive of service for which credit is allowed under this subsection) shall be allowed credit for service performed, after December 31, 1965, and before January 1, 1987, as an employee described in section 2105(c). ``(2)(A) An employee or Member may, with respect to any period of service for which such employee or Member is allowed credit under this subsection, deposit to the credit of the Fund an amount equal to the deductions from basic pay which would have been required under section 8334(a) if such service were service as an employee. ``(B) An employee or Member who makes the deposit described in subparagraph (A) shall be allowed full retirement credit for the period of service involved. ``(C) If an employee or Member does not make the deposit or makes less than the full amount of the deposit described in subparagraph (A), retirement credit shall be allowed, but the resulting annuity shall be reduced in a manner similar to the method provided under section 8339(j)(3) to make up the amount of any deposit described in the second sentence thereof. In no event shall the application of this subparagraph cause an annuity to be less than it would have been if this subsection had not been enacted. ``(D) For the purpose of survivor annuities, any deposit authorized by subparagraph (A) may also be made by a survivor of an employee or Member. ``(3) The Office shall accept the certification of the appropriate Secretary or his designee concerning the service of, and the amount of compensation received by, an employee or Member with respect to which credit is sought under this subsection. For purposes of the preceding sentence, the `appropriate Secretary' is-- ``(A) the Secretary of Defense, to the extent that service in or under the Department of Defense is involved; and ``(B) the Secretary of Transportation, to the extent that service in or under the Coast Guard is involved. ``(4) An individual receiving credit for service for any period under this subsection shall not be granted credit for such service under any retirement system for employees of a nonappropriated fund instrumentality. ``(5) An application for retirement credit under this subsection may be submitted no later than 2 years after the effective date of the regulations prescribed by the Office to carry out this subsection.''. (b) Regulations.--The Office of Personnel Management shall prescribe regulations to carry out this Act and the amendment made by subsection (a). Such regulations-- (1) shall take effect not later than 12 months after the date of the enactment of this Act; and (2) shall include provisions to provide for the application of such amendment in the case of-- (A) any employee or Member (as defined by the following sentence) who, upon separation (at the time described in paragraph (1) or (2) of subsection (c)), would otherwise be entitled to an annuity under chapter 84 of title 5, United States Code, that is partially computed under subchapter III of chapter 83 of such title; and (B) any survivor of an employee or Member described in subparagraph (A). For purposes of this subsection, the terms ``employee'', ``Member'', and ``survivor'' have the meanings set forth in section 8401 of such title 5. (c) Applicability.-- (1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall apply only in the case of any annuity entitlement which is based on a separation from service occurring on or after the effective date of the regulations prescribed under subsection (b). (2) Limited exception for annuities based on separations occurring after date of enactment and before effective date of implementing regulations.-- (A) Recomputation requirement.--In the case of any individual-- (i) who is entitled to an annuity entitlement to which is based on a separation from service occurring after the date of the enactment of this Act and before the effective date of the regulations prescribed under subsection (b), and (ii) whose annuity would be increased by the application of section 8332(p) of title 5, United States Code (as amended by subsection (a)), the Office of Personnel Management shall, upon receipt of an appropriate application submitted before the deadline specified in section 8332(p)(5) of such title 5 (as so amended), recompute the amount of such annuity so as to take such section 8332(p) into account. In carrying out the preceding sentence, any deposit timely made shall be treated as if it had been made before the commencement date of the annuity involved. (B) No payment for any earlier periods.--Any change in an annuity resulting from a recomputation under subparagraph (A) shall be payable only with respect to amounts accruing for months beginning after the date on which the application (referred to in subparagraph (A)) is received. SEC. 3. NOTIFICATION AND ASSISTANCE. (a) Notification.--The Office of Personnel Management shall take such measures as it considers appropriate to inform individuals entitled to have any service credited under section 8332(p) of title 5, United States Code (as amended by section 2(a)), or to have any amounts recomputed under section 2(c)(2), of their entitlement to such credit or recomputation. (b) Assistance From the Office of Personnel Management.--The Office of Personnel Management shall, on request, assist any individual referred to in subsection (a) in obtaining from any department, agency, or other instrumentality of the United States such information in the possession of such instrumentality as may be necessary to verify the entitlement of such individual to have any service credited under section 8332(p) of title 5, United States Code (as amended by section 2(a)) or to have any amounts recomputed under section 2(c)(2). (c) Assistance From Other Agencies.--Any department, agency, or other instrumentality of the United States which possesses any information with respect to any service of an individual described in section 8332(p) of title 5, United States Code (as amended by section 2(a)) shall-- (1) at the request of such individual (or an appropriate survivor), furnish such information to that individual (or survivor); and (2) at the request of the Office of Personnel Management, furnish such information to the Office.

Nonappropriated Fund Equity Act - Allows a federal employee or Member of Congress who has five or more years of creditable civilian service for purposes of civil service retirement on the date of enactment of this Act to receive credit for service performed as an employee of a nonappropriated fund instrumentality after December 31, 1965, and before January 1, 1987.

To amend subchapter III of chapter 83 of title 5, United States Code, to make service performed as an employee of a nonappropriated fund instrumentality after 1965 and before 1987 creditable for retirement purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Charitable Giving Partnership Act''. SEC. 2. ELIGIBLE ACTIVITIES. Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended-- (1) in paragraph (23), by striking the period at the end and inserting a semicolon; and (2) by inserting after paragraph (23) the following new paragraph: ``(24) to the extent only that amounts for a State are available under section 106(d)(8) for use under this paragraph, payment to the State to supplant general revenue losses incurred by the State under a State law that provides, in the case of an individual, for a credit against State income tax imposed for contributions made in cash by individuals to any organization-- ``(A) that is described in section 501(c)(3) of the Internal Revenue Code of 1986; ``(B) that is exempt from tax under section 501(a) of the Internal Revenue Code of 1986; ``(C) that is organized under the laws of the United States or of any State in which the organization is qualified to operate; ``(D) that is required, or elects to be treated as being required, to file returns under section 6033 of the Internal Revenue Code of 1986; ``(E) whose predominant activity is-- ``(i) the provision of direct services to individuals whose annual incomes generally do not exceed 185 percent of the official poverty line (as defined by the Office of Management and Budget); or ``(ii) the provision of-- ``(I) temporary donations of food or meals, or ``(II) temporary shelter to homeless individuals, if the location and operation of such services are such that the service provider may reasonably conclude that the beneficiaries of such services are predominantly individuals described in clause (i); ``(F) for which all annual expenditures of the organization are used to provide the direct services referred to in subparagraph (E), except that 10 percent or less of the annual aggregate expenditures of the organization may be administrative expenditures in support of direct services referred to in subparagraph (E) or expenditures for purposes of fundraising on behalf of the organization providing direct services referred to in subparagraph (E); and ``(G) that does not engage in activity for the purpose of influencing legislation, litigation on behalf of any individual referred to in subparagraph (E), voter registration, political organizing, public policy advocacy, or public policy research; and''. SEC. 3. USE OF STATE AMOUNTS FOR NONENTITLEMENT AREAS. Section 106(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(d)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``Amounts allocated under paragraph (1)'' and inserting the following: ``Any amounts allocated under paragraph (1) for a State that remain after amounts are made available for use under paragraph (8)''; and (ii) in clause (i), by striking ``a State that'' and inserting ``the State, if the State''; (B) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) If a State has not elected to distribute the amounts allocated under paragraph (1) for the State that remain after amounts are made available for use under paragraph (8), the Secretary shall distribute such amounts.''; and (C) in subparagraphs (C) and (D), by striking ``under paragraph (1)'' each place it appears and inserting the following: ``for the State under paragraph (1) that remain after amounts are made available for use under paragraph (8)''; (2) in paragraph (5) (as added by section 811 of the Housing and Community Development Act of 1992 (Public Law 102- 550; 106 Stat. 3850)), by striking ``distribution in nonentitlement areas'' and inserting ``use under this subsection''; (3) by redesignating the second paragraph designated as paragraph (5) (as added by section 106(i) of the Housing and Urban-Rural Recovery Act of 1983 (97 Stat. 1166)) and paragraph (6) as paragraphs (6) and (7), respectively; and (4) by adding at the end the following new paragraph: ``(8) Of any amounts allocated under paragraph (1) for a State for any fiscal year, the State may use not more than 25 percent of such amounts for the activity under section 105(a)(24), and the remainder of the amounts shall be distributed in accordance with this subsection. In the case of a State described in paragraph (2)(B), the Secretary shall make such amounts available to the State upon a determination that the use of such amounts complies with the requirements under section 105(a)(24) and this title.''. SEC. 4. STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES. Section 104(a)(1) is amended by adding at the end the following new sentence: ``In the case of any State receiving amounts pursuant to section 106(d)(8), the statement of projected uses of funds shall include a statement of the proposed eligible activity under section 105(a)(24) for which the amounts will be used and the percentage of the allocation for the State under section 106(d)(1) to be used for such activity.''.

Charitable Giving Partnership Act - Amends the Housing and Community Development Act of 1974 to authorize the use of specified community development block grant amounts provided for non-metropolitan or non-urban areas to supplant State revenues lost under a State income tax credit for contributions to certain organizations providing assistance to low-income or homeless persons.

Charitable Giving Partnership Act

SECTION 1. REVISION OF TAX TREATMENT OF DERIVATIVE TRANSACTIONS ENTERED INTO BY A CORPORATION WITH RESPECT TO ITS STOCK. (a) In General.--Section 1032 of the Internal Revenue Code of 1986 (relating to exchange of stock for property) is amended to read as follows: ``SEC. 1032. TRANSACTIONS BY A CORPORATION WITH RESPECT TO ITS STOCK. ``(a) Nonrecognition of Gain or Loss.--No gain or loss shall be recognized to a corporation on the receipt of property (including money) or services in exchange for stock of such corporation. ``(b) Treatment of Derivative Transactions.-- ``(1) Nonrecognition treatment.-- ``(A) In general.--Except as provided in paragraph (2), section 1032 derivative items of a corporation shall not be taken into account in determining such corporation's liability for tax under this subtitle. ``(B) Section 1032 derivative items.--For purposes of subparagraph (A), the term `section 1032 derivative item' means any item of income, gain, loss, or deduction if-- ``(i) such item arises out of the rights or obligations under any option or forward or futures contract to the extent such option or contract relates to the corporation's stock (or is attributable to any transfer or extinguishment of any such right or obligation), or ``(ii) such item arises under any other contract or position but only to the extent that such item reflects (or is determined by reference to) changes in the value of such stock or distributions thereon. Such term shall not include any deduction allowable under section 83 or under section 163 and shall not include any deduction for any item which is in the nature of compensation for services rendered. For purposes of this subparagraph, de minimis relationships shall be disregarded. ``(2) Income recognition on certain forward contracts.-- ``(A) In general.--If-- ``(i) a corporation acquires its stock, and ``(ii) such acquisition is part of a plan (or series of related transactions) pursuant to which the corporation enters into a forward contract with respect to its stock, such corporation shall include amounts in income as if the excess of the amount to be received under the forward contract over the fair market value of the stock as of the date the corporation entered into the forward contract were original issue discount on a debt instrument acquired on such date. The preceding sentence shall apply only to the extent that the amount of stock involved in the forward contract does not exceed the amount acquired as described in clause (i). ``(B) Plan presumed to exist.--If a corporation enters into a forward contract with respect to its stock within the 60-day period beginning on the date which is 30 days before the date that the corporation acquires its stock, such acquisition shall be treated as pursuant to a plan described in subparagraph (A)(ii) unless it is established that entering into such contract and such acquisition are not pursuant to a plan or series of related transactions. ``(C) Forward contract.--The term `forward contract' has the meaning given to such term by section 1259(d)(1); except that such term shall include any transactions or series of related transactions having the same effect as a forward contract (as so defined). ``(c) Treasury Stock Treated as Stock.--Any reference in this section to stock shall be treated as including a reference to treasury stock. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations which treat the portion of an instrument which is described in subsection (b) separately from the portion of such instrument which is not so described. ``(e) Basis.--For basis of property acquired by a corporation in certain exchanges for its stock, see section 362.''. (b) Clerical Amendment.--The item relating to section 1032 in the table of sections for part III of subchapter O of chapter 1 of such Code is amended to read as follows: ``Sec. 1032. Transactions by a corporation with respect to its stock.''. (c) Effective Date.--The amendments made by this section shall apply to transactions entered into after the date of the enactment of this Act.

Amends the Internal Revenue Code to revise the tax treatment of derivative transactions entered into by a corporation with respect to its stock.Provides for nonrecognition of derivative gain, loss, or deduction items (as defined by this Act). Excepts certain forward contracts from such treatment.

To amend the Internal Revenue Code of 1986 to revise the tax treatment of derivative transactions entered into by a corporation with respect to its stock.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficiency Investment Act of 2005''. SEC. 2. CREDIT FOR CERTAIN ENERGY EFFICIENT PROPERTY IN RESIDENCES AND BUSINESSES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30A the following new section: ``SEC. 30B. CERTAIN ENERGY EFFICIENT PROPERTY IN RESIDENCES AND BUSINESSES. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the amount paid or incurred by the taxpayer for qualified energy property placed in service or installed by the taxpayer during such taxable year. ``(b) Qualified Energy Property.--For purposes of this section, the term `qualified energy property' means any property-- ``(1) which is-- ``(A) an energy efficient building envelope component which is Energy Star qualified, and ``(B) any energy efficient heating or cooling equipment (including boilers) which is Energy Star qualified, ``(2) which, in the case of an individual, is installed in or on an existing residence-- ``(A) located in the United States, and ``(B) owned and used by the taxpayer as the taxpayer's principal residence at the time the property is placed in service or installed, ``(3) the original use of which commences with the taxpayer, and ``(4) which has a useful life of at least 5 years. ``(c) Other Definitions.--For purposes of this section-- ``(1) Building envelope component.--The term `building envelope component' shall have the same meaning as set forth in section 434.201 of title 10 of the Code of Federal Regulations. ``(2) Principal residence.--The term `principal residence' shall have the same meaning as when used in section 121. ``(3) Energy star qualified.--The term `Energy Star qualified' means property which-- ``(A) meets the guidelines, specifications, and performance levels of the Energy Star program jointly managed by the Environmental Protection Agency and the Department of Energy, including guidelines, specifications, and performance levels for the climate region in which a residence is located, and ``(B) displays the Energy Star label at the time the property is placed in service or installed. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than under this section and subpart C thereof, relating to refundable credits) and section 1397E. ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Special Rules.--For purposes of this section: ``(1) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216(b)(2)) in a cooperative housing corporation (as defined in section 216(b)(1)), such individual shall be treated as having paid his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures paid or incurred for qualified energy property by such corporation, and such credit shall be allocated appropriately to such individual. ``(2) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having paid his proportionate share of expenditures paid or incurred for qualified energy property by such association, and such credit shall be allocated appropriately to such individual. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of section 528(c)(2) with respect to a condominium project of which substantially all of the units are used by individuals as residences. ``(3) Expenditures for labor included.--For purposes of this section, the amount paid or incurred by the taxpayer for qualified energy property shall also include expenditures for labor costs properly allocable to the onsite preparation, assembly, and installation of such property. ``(4) Allocation to nonbusiness use in certain cases.--In the case of an individual, if less than 80 percent of the use of qualified energy property placed in service or installed is for nonbusiness purposes, only that portion of the expenditure paid or incurred for such property which is properly allocable to use for nonbusiness purposes shall be eligible for the credit provided by this section. ``(f) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to a residence or other property, the basis of such residence or other property shall be reduced by the amount of the credit so allowed. ``(g) Applicability.--Subsection (a) shall apply to qualified energy property placed in service or installed after December 31, 2004.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of such Code (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) in the case of a residence or other property with respect to which a credit was allowed under section 30B, to the extent provided in section 30B(f).''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Certain energy efficient property in residences and businesses.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2004.

Energy Efficiency Investment Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for up to 25 percent of the cost of certain energy efficient property installed in business and residential properties.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for certain energy efficient property placed in service or installed in an existing principal residence or property used by businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Citizen Protection Act of 1993''. SEC. 2. IMPROVEMENT AND CLARIFICATION OF PROVISIONS PROHIBITING MISUSE OF SYMBOLS, EMBLEMS, OR NAMES IN REFERENCE TO SOCIAL SECURITY PROGRAMS AND AGENCIES. (a) Addition to Prohibited Words, Letters, Symbols, and Emblems.-- Section 1140(a) of the Social Security Act (42 U.S.C. 1320b-10(a)) is amended-- (1) in paragraph (1), by striking ``Administration', the letters `SSA' or `HCFA','' and inserting ``Administration', `Department of Health and Human Services', `Health and Human Services', `Supplemental Security Income Program', or `Medicaid', the letters `SSA', `HCFA', `DHHS', `HHS', or `SSI',''; and (2) in paragraph (2), by striking ``Social Security Administration'' each place it appears and inserting ``Social Security Administration, Health Care Financing Administration, or Department of Health and Human Services'', and by striking ``or of the Health Care Financing Administration''. (b) Exemption for Use of Words, Letters, Symbols, and Emblems of State and Local Government Agencies by Such Agencies.--Section 1140(a) of such Act is further amended by adding at the end the following new sentence: ``The preceding provisions of this subsection shall not apply with respect to the use by any agency or instrumentality of a State or political subdivision of a State of any words or letters which identify an agency or instrumentality of such State or of a political subdivision of such State or the use by any such agency or instrumentality of any symbol or emblem of an agency or instrumentality of such State or a political subdivision of such State.''. (c) Inclusion of Reasonableness Standard.--Section 1140(a) of such Act (as amended by the preceding provisions of this section) is further amended, in the matter following paragraph (2), by striking ``convey'' and inserting ``convey, or in a manner which reasonably could be interpreted or construed as conveying,''. (d) Ineffectiveness of Disclaimers.--Subsection (a) of section 1140 of such Act (as amended by the preceding provisions of this section) is further amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(a)''; and (3) by adding at the end the following new paragraph: ``(2) Any determination of whether the use of one or more words, letters, symbols, or emblems (or any combination or variation thereof) in connection with an item described in paragraph (1) or the reproduction, reprinting, or distribution of an item described in paragraph (2) is a violation of this subsection shall be made without regard to any inclusion in such item (or any so reproduced, reprinted, or distributed copy thereof) of a disclaimer of affiliation with the United States Government or any particular agency or instrumentality thereof.''. (e) Violations with Respect to Individual Items.--Section 1140(b)(1) of such Act (42 U.S.C. 1320b-10(b)(1)) is amended by adding at the end the following new sentence: ``In the case of any items referred to in subsection (a)(1) consisting of pieces of mail, each such piece of mail which contains one or more words, letters, symbols, or emblems in violation of subsection (a) shall represent a separate violation.''. (f) Elimination of Cap on Aggregate Liability Amount.-- (1) Repeal.--Paragraph (2) of section 1140(b) of such Act (42 U.S.C. 1320b-10(b)(2)) is repealed. (2) Conforming amendments.--Section 1140(b) of such Act (42 U.S.C. 1320b-10(b)) is further amended-- (A) by striking ``(1) Subject to paragraph (2), the'' and inserting ``The''; (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (C) in paragraph (1) (as redesignated), by striking ``subparagraph (B)'' and inserting ``paragraph (2)''. (g) Removal of Formal Declination Requirement.--Section 1140(c)(1) of such Act (42 U.S.C. 1320b-10(c)(1)) is amended by inserting ``and the first sentence of subsection (c)'' after ``and (i)''. (h) Penalties Relating to Social Security Administration Deposited in OASI Trust Fund.--Section 1140(c)(2) of such Act (42 U.S.C. 1320b- 10(c)(2)) is amended in the second sentence by striking ``United States.'' and inserting ``United States, except that, to the extent that such amounts are recovered under this section as penalties imposed for misuse of words, letters, symbols, or emblems relating to the Social Security Administration, such amounts shall be deposited into the Federal Old-Age and Survivor's Insurance Trust Fund.''. (i) Annual Reports.--Section 1140 of such Act (42 U.S.C. 1320b-10) is amended by adding at the end the following new subsection: ``(d) The Secretary shall include in the annual report submitted pursuant to section 704 a report on the operation of this section during the year covered by such annual report. Such report shall specify-- ``(1) the number of complaints of violations of this section received by the Social Security Administration during the year, ``(2) the number of cases in which a notice of violation of this section was sent by the Social Security Administration during the year requesting that an individual cease activities in violation of this section, ``(3) the number of complaints of violations of this section referred by the Social Security Administration to the Inspector General in the Department of Health and Human Services during the year, ``(4) the number of investigations of violations of this section undertaken by the Inspector General during the year, ``(5) the number of cases in which a demand letter was sent during the year assessing a civil money penalty under this section, ``(6) the total amount of civil money penalties assessed under this section during the year, ``(7) the number of requests for hearings filed during the year pursuant to sections 1140(c)(1) and 1128A(c)(2), ``(8) the disposition during such year of hearings filed pursuant to sections 1140(c)(1) and 1128A(c)(2), and ``(9) the total amount of civil money penalties under this section deposited into the Federal Old-Age and Survivors Insurance Trust Fund during the year.''. (j) Effective Date.--The amendments made by this section shall apply with respect to violations occurring after the date of the enactment of this Act.

Senior Citizen Protection Act of 1993 - Amends title XI of the Social Security Act to revise the prohibitions and penalties against misleading mailings. Requires penalties relating to misleading mailings to be deposited in the Federal Old-Age and Survivors Insurance Trust Fund. Requires annual reports to the Congress with respect to prohibition violations and associated penalties.

Senior Citizen Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Big Oil Tax Subsidies Act of 2011''. SEC. 2. AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL EXPENDITURES. (a) In General.--Subparagraph (A) of section 167(h)(5) of the Internal Revenue Code of 1986 is amended by striking ``major integrated oil company'' and inserting ``covered large oil company''. (b) Covered Large Oil Company.--Paragraph (5) of section 167(h) of such Act is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Covered large oil company.--For purposes of this paragraph, the term `covered large oil company' means a taxpayer which-- ``(i) is a major integrated oil company, or ``(ii) has gross receipts in excess of $50,000,000 for the taxable year. For purposes of clause (ii), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (c) Conforming Amendment.--The heading for paragraph (5) of section 167(h) of such Code is amended by inserting ``and other large taxpayers''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. SEC. 3. PRODUCING OIL AND GAS FROM MARGINAL WELLS. (a) In General.--Section 45I of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.-- ``(1) In general.--Subsection (a) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(2) Aggregation rule.--For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to credits determined for taxable years beginning after December 31, 2011. SEC. 4. ENHANCED OIL RECOVERY CREDIT. (a) In General.--Section 43 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.-- ``(1) In general.--Subsection (a) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(2) Aggregation rule.--For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (b) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. SEC. 5. INTANGIBLE DRILLING AND DEVELOPMENT COSTS IN THE CASE OF OIL AND GAS WELLS. (a) In General.--Subsection (c) of section 263 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is not a small, independent oil and gas company, determined by deeming all persons treated as a single employer under subsections (a) and (b) of section 52 as 1 person.''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. SEC. 6. PERCENTAGE DEPLETION. (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.-- ``(1) In general.--This section and section 611 shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(2) Aggregation rule.--For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (b) Conforming Amendment.--Section 613A(c)(1) of such Code is amended by striking ``subsection (d)'' and inserting ``subsections (d) and (f)''. (c) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 7. TERTIARY INJECTANTS. (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.-- ``(1) In general.--Subsection (a) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(2) Exception for qualified carbon dioxide disposed in secure geological storage.--Paragraph (1) shall not apply in the case of any qualified tertiary injectant expense paid or incurred for any tertiary injectant is qualified carbon dioxide (as defined in section 45Q(b)) which is disposed of by the taxpayer in secure geological storage (as defined by section 45Q(d)). ``(3) Aggregation rule.--For purposes of paragraph (1), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. (b) Effective Date.--The amendment made by this section shall apply to expenses incurred after December 31, 2011. SEC. 8. PASSIVE ACTIVITY LOSSES AND CREDITS LIMITED. (a) In General.--Paragraph (3) of section 469(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(C) Exception for taxpayer who is not small, independent oil and gas company.-- ``(i) In general.--Subparagraph (A) shall not apply to any taxpayer which is not a small, independent oil and gas company for the taxable year. ``(ii) Aggregation rule.--For purposes of clause (i), all persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.''. SEC. 9. INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES. (a) In General.--Section 199 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and Gas Company.--Subsection (a) shall not apply to the income derived from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof by any taxpayer which for the taxable year is an oil and gas company which is not a small, independent oil and gas company.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 10. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Major Integrated Oil Companies.--Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)) may not use the method provided in subsection (b) in inventorying of any goods.''. (b) Effective Date and Special Rule.-- (1) In general.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2011. (2) Change in method of accounting.--In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year beginning after the date of the enactment of this Act-- (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. SEC. 11. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer to a foreign country or possession of the United States for any period with respect to combined foreign oil and gas income (as defined in section 907(b)(1)) shall not be considered a tax to the extent such amount exceeds the amount (determined in accordance with regulations) which would have been required to be paid if the taxpayer were not a dual capacity taxpayer. ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after December 31, 2011. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States.

End Big Oil Tax Subsidies Act of 2011- Amends the Internal Revenue Code to require seven-year amortization of the geological and geophysical expenditures of covered large oil companies. Defines "covered large oil company" as a taxpayer which is a major integrated oil company or which has gross receipts in excess of $50 million in a taxable year. Denies certain tax benefits to any taxpayer that is not a small, independent oil and gas company, including: (1) the tax credits for producing oil and gas from marginal wells and for enhanced oil recovery, (2) expensing of intangible drilling and development costs in the case of gas wells and geothermal wells, (3) percentage depletion, (4) the tax deduction for qualified tertiary injectant expenses, (5) the exemption from limitations on passive activity losses, and (6) the tax deduction for income attributable to domestic production activities. Prohibits the use of the last-in, first-out (LIFO) accounting method by major integrated oil companies. Limits or denies the foreign tax credit and tax deferrals for amounts paid or accrued by a dual capacity taxpayer to a foreign country or U.S. possession for any period with respect to combined foreign oil and gas income. Defines "dual capacity taxpayer" as a person who is subject to a levy of a foreign country or U.S. possession and receives (or will receive) directly or indirectly a specific economic benefit from such county or possession..

To amend the Internal Revenue Code of 1986 to repeal fossil fuel subsidies for large oil companies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Book on Equal Access to Justice Act''. SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS. (a) Agency Proceedings.--Section 504 of title 5, United States Code, is amended-- (1) in subsection (c)(1), by striking ``, United States Code''; (2) by redesignating subsection (f) as subsection (i); and (3) by striking subsection (e) and inserting the following: ``(e)(1) The Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall report to the Congress, not later than March 31 of each year through the sixth calendar year beginning after the initial report under this subsection is submitted, on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this section. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. The report shall be made available to the public online. ``(2)(A) The report required by paragraph (1) shall account for all payments of fees and other expenses awarded under this section that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions. ``(B) The disclosure of fees and other expenses required under subparagraph (A) does not affect any other information that is subject to nondisclosure provisions in the settlement agreement. ``(f) The Chairman of the Administrative Conference shall create and maintain, during the period beginning on the date the initial report under subsection (e) is submitted and ending 1 year after the date on which the final report under that subsection is submitted, online a searchable database containing the following information with respect to each award of fees and other expenses under this section: ``(1) The case name and number of the adversary adjudication, if available. ``(2) The name of the agency involved in the adversary adjudication. ``(3) A description of the claims in the adversary adjudication. ``(4) The name of each party to whom the award was made, as such party is identified in the order or other agency document making the award. ``(5) The amount of the award. ``(6) The basis for the finding that the position of the agency concerned was not substantially justified. ``(g) The online searchable database described in subsection (f) may not reveal any information the disclosure of which is prohibited by law or court order. ``(h) The head of each agency shall provide to the Chairman of the Administrative Conference in a timely manner all information requested by the Chairman to comply with the requirements of subsections (e), (f), and (g).''. (b) Court Cases.--Section 2412(d) of title 28, United States Code, is amended by adding at the end the following: ``(5)(A) The Chairman of the Administrative Conference of the United States shall submit to the Congress, not later than March 31 of each year through the sixth calendar year beginning after the initial report under this paragraph is submitted, a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. The report shall describe the number, nature, and amount of the awards, the claims involved in each controversy, and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. The report shall be made available to the public online. ``(B)(i) The report required by subparagraph (A) shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions. ``(ii) The disclosure of fees and other expenses required under clause (i) does not affect any other information that is subject to nondisclosure provisions in the settlement agreement. ``(C) The Chairman of the Administrative Conference shall include and clearly identify in the annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report-- ``(i) any amounts paid from section 1304 of title 31 for a judgment in the case; ``(ii) the amount of the award of fees and other expenses; and ``(iii) the statute under which the plaintiff filed suit. ``(6) The Chairman of the Administrative Conference shall create and maintain, during the period beginning on the date the initial report under paragraph (5) is submitted and ending 1 year after the date on which the final report under that paragraph is submitted, online a searchable database containing the following information with respect to each award of fees and other expenses under this subsection: ``(A) The case name and number. ``(B) The name of the agency involved in the case. ``(C) The name of each party to whom the award was made, as such party is identified in the order or other court document making the award. ``(D) A description of the claims in the case. ``(E) The amount of the award. ``(F) The basis for the finding that the position of the agency concerned was not substantially justified. ``(7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or court order. ``(8) The head of each agency (including the Attorney General of the United States) shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7).''. (c) Clerical Amendments.--Section 2412 of title 28, United States Code, is amended-- (1) in subsection (d)(3), by striking ``United States Code,''; and (2) in subsection (e)-- (A) by striking ``of section 2412 of title 28, United States Code,'' and inserting ``of this section''; and (B) by striking ``of such title'' and inserting ``of this title''. (d) Effective Date.-- (1) In general.--The amendments made by subsections (a) and (b) shall first apply with respect to awards of fees and other expenses that are made on or after the date of the enactment of this Act. (2) Initial reports.--The first reports required by section 504(e) of title 5, United States Code, and section 2412(d)(5) of title 28, United States Code, shall be submitted not later than March 31 of the calendar year following the first calendar year in which a fiscal year begins after the date of the enactment of this Act. (3) Online databases.--The online databases required by section 504(f) of title 5, United States Code, and section 2412(d)(6) of title 28, United States Code, shall be established as soon as practicable after the date of the enactment of this Act, but in no case later than the date on which the first reports under section 504(e) of title 5, United States Code, and section 2412(d)(5) of title 28, United States Code, are required to be submitted under paragraph (2) of this subsection. Passed the House of Representatives November 30, 2015. Attest: KAREN L. HAAS, Clerk.

Open Book on Equal Access to Justice Act (Sec. 2) This bill amends the Equal Access to Justice Act and the federal judicial code to require the Administrative Conference of the United States to report to Congress annually for a specified period on the amount of fees and other expenses awarded to prevailing parties other than the United States in certain administrative proceedings and civil action court cases (excluding tort cases) to which the United States is a party, including settlement agreements. The reports must: (1) describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards; and (2) be made available to the public online. The Administrative Conference must create and maintain online searchable databases containing specified information with respect to each award, including the name of the agency involved, the name of each party to whom the award was made, the amount of the award, and the basis for finding that the position of the agency concerned was not substantially justified. Agencies, including the Department of Justice, must provide the Administrative Conference all information requested to comply with such requirements.

Open Book on Equal Access to Justice Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``First Flight Commemorative Coin Act of 1997''. SEC. 2. 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) $10 gold coins.--Not more than 500,000 $10 coins, each of which shall-- (A) weigh 16.718 grams; (B) have a diameter of 1.06 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 3,000,000 $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. (3) Half dollar clad coins.--Not more than 10,000,000 half dollar coins each of which shall-- (A) weigh 11.34 grams; (B) have 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) Reduced Amounts.--If the Secretary determines that there is clear evidence of insufficient public demand for coins minted under this Act, the Secretary of the Treasury may reduce the maximum amounts specified in paragraphs (1), (2), and (3) of subsection (a). (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain gold and silver for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law, including authority relating to the use of silver stockpiles established under the Strategic and Critical Materials Stockpiling Act, as applicable. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina, on December 17, 1903. (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 ``2003''; 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-- (1) selected by the Secretary after consultation with the Board of Directors of the First Flight Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. PERIOD FOR ISSUANCE OF COINS. (a) In General.--Except as provided in subsection (b), the Secretary may issue coins minted under this Act only during the period beginning on August 1, 2003, and ending on July 31, 2004. (b) Exception.--If the Secretary determines that there is sufficient public demand for the coins minted under section 2(a)(3), the Secretary may extend the period of issuance under subsection (a) for a period of 5 years with respect to those coins. 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 subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of-- (1) $35 per coin for the $10 coin; (2) $10 per coin for the $1 coin; and (3) $1 per coin for the half dollar coin. (e) Marketing Expenses.--The Secretary shall ensure that-- (1) a plan is established for marketing the coins minted under this Act; and (2) adequate funds are made available to cover the costs of carrying out that marketing plan. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the First Flight Foundation for the purposes of-- (1) repairing, refurbishing, and maintaining the Wright Brothers Monument on the Outer Banks of North Carolina; and (2) expanding (or, if necessary, replacing) and maintaining the visitor center and other facilities at the Wright Brothers National Memorial Park on the Outer Banks of North Carolina, including providing educational programs and exhibits for visitors. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the First Flight Foundation as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. SEC. 10. WAIVER OF COIN PROGRAM RESTRICTIONS. The provisions of section 5112(m) of title 31, United States Code, do not apply to the coins minted and issued under this Act.

First Flight Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to mint and issue for a limited period ten-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the first flight of Orville and Wilbur Wright in Kitty Hawk, North Carolina. Instructs the Secretary to ensure: (1) establishment of a coin marketing plan; and (2) availability of adequate funds to cover the costs of implementing such plan.

First Flight Commemorative Coin Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Family Stability Act of 2015''. SEC. 2. PERIOD FOR RELOCATION OF SPOUSES AND DEPENDENTS OF CERTAIN MEMBERS OF THE ARMED FORCES UNDERGOING A PERMANENT CHANGE OF STATION. (a) Period of Relocation.-- (1) In general.--Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1784a the following new section: ``Sec. 1784b. Relocation of spouses and dependents in connection with the permanent change of station of certain members ``(a) Election of Timing of Relocation of Spouses in Connection With PCS.-- ``(1) In general.--Subject to paragraph (2) and subsection (c), a member of the armed forces undergoing a permanent change of station and the member's spouse may jointly elect that the spouse may relocate to the location to which the member will relocate in connection with the permanent change of station at such time during the covered relocation period as the member and spouse jointly select. ``(2) Members and spouses eligible to make elections.--A member and spouse may make an election pursuant to paragraph (1) as follows: ``(A) If the spouse either-- ``(i) is gainfully employed at the beginning of the covered relocation period concerned; or ``(ii) is enrolled in a degree, certificate, or license granting program at the beginning of the covered relocation period. ``(B) If the member and spouse have one or more dependents at the beginning of the covered relocation period concerned, either-- ``(i) at least one dependent is a child in elementary or secondary school at the beginning of the covered relocation period; ``(ii) the spouse or at least one such dependent are covered by the Exceptional Family Member Program at the beginning of the covered relocation period; or ``(iii) the member and spouse are caring at the beginning of the covered relocation period for an immediate family member with a chronic or long-term illness, as determined pursuant to the regulations applicable to the member's armed force pursuant to subsection (h). ``(C) If the member is undergoing a permanent change of station as an individual augmentee or other deployment arrangement specified in the regulations applicable to the member's armed force pursuant to subsection (h). ``(D) If the member, spouse, or both, meet such other qualification or qualifications as are specified in the regulations applicable to the member's armed force pursuant to subsection (h). ``(E) In the case of a member and spouse who do not otherwise meet any qualification in subparagraphs (A) through (D), if the commander of the member at the beginning of the covered relocation period determines that eligibility to make the election is in the interests of the member and spouse for family stability during the covered relocation period and in the interests of the armed force concerned. Any such determination shall be made on a case-by-case basis. ``(b) Election of Timing of Relocation of Certain Dependents of Unmarried Members in Connection With PCS.-- ``(1) In general.--Subject to subsection (c), a member of the armed forces undergoing a permanent change of station who has one or more dependents described in paragraph (2) and is no longer married to the individual who is or was the parent (including parent by adoption) of such dependents at the beginning of the covered period of relocation may elect that such dependents may relocate to the location to which the member will relocate in connection with the permanent change of station at such time during the covered relocation period as elected as follows: ``(A) By the member alone if such individual is dead or has no custodial rights in such dependents at the beginning of such period. ``(B) By the member and such individual jointly in all other circumstances. ``(2) Dependents.--The dependents described in this paragraph are as follows: ``(A) Dependents over the age of 19 years for whom the member has power of attorney regarding residence. ``(B) Dependents under the age of 20 years who will reside with a caregiver according to the Family Care Plan of the member during the covered period of relocation until relocated pursuant to an election under this subsection. ``(c) Limitations.-- ``(1) Outstanding period of obligated service at time of election.--A member may not make an election under subsection (a) or (b) unless the member's period of obligated service, or the time remaining under the member's enlistment contract, at the time of election is not less than 24 months. ``(2) Number of elections.--The aggregate number of elections made by a member under subsections (a) and (b) may not exceed three elections. ``(d) Housing.--(1)(A) If the spouse of a member relocates before the member in accordance with an election pursuant to subsection (a), the member shall be assigned to quarters or other housing facilities of the United States as a bachelor, if such quarters are available, until the date of the member's permanent change of station. ``(B) The quarters or housing facilities to which a member is assigned pursuant to subparagraph (A) shall, to the extent practicable, be quarters or housing facilities that do not impose or collect a lease fee on the member for occupancy. ``(C)(i) If quarters or housing facilities that do not impose or collect a lease fee for occupancy are not available for a particular member, the quarters or housing facilities to which the member is assigned shall be quarters or housing facilities that impose or collect the lowest reasonable lease fee for occupancy that can be obtained for the member by the Secretary concerned for purposes of this subparagraph. ``(ii) Each Secretary concerned shall provide for the insertion into contracts for the acquisition or improvement of military unaccompanied housing pursuant to subchapter IV of chapter 169 of this title of a clause permitting members covered by this subparagraph to be assigned to such military unaccompanied housing at the lease fee for occupancy obtained by the Secretary concerned pursuant to clause (i) for a period of not more than 180 days. ``(2) If a spouse and any dependents of a member covered by an election under this section reside in housing of the United States at the beginning of the covered period of relocation, the spouse and dependents may continue to reside in such housing throughout the covered period of relocation, regardless of the date of the member's permanent change of station. ``(3) If a spouse and any dependents of a member covered by an election under this section are eligible to reside in housing of the United States following the member's permanent change of station, the spouse and dependents may commence residing in such housing at any time during the covered relocation period, regardless of the date of the member's permanent change of station. ``(e) Basic Allowance for Housing; Stipend.--(1)(A) In the case of a member undergoing a permanent change of station who is paid basic allowance for housing at the with-dependents rate at the beginning of the covered relocation period, the member shall be paid basic allowance for housing at the with-dependents rate for months beginning during the covered relocation period regardless of the date on which the member's spouse and any dependents relocate pursuant to an election under this section or the assignment of the member to quarters or facilities pursuant to subsection (d)(1). ``(B) In determining the portion of basic allowance for housing payable to a member under this paragraph that is payable with respect to the member's dependents, the geographic location of the dependents shall govern rather than the geographic location of the member. ``(2) If quarters are not available for the assignment of a member as described in subsection (d)(1), the member shall be paid an amount (determined in accordance with the regulations applicable to the member's armed force pursuant to subsection (h)) appropriate to compensate the member for cost of the housing in which the member resides in lieu of such quarters until the date on which the member and the member's spouse reside in the same geographic area after the member's permanent change of station. Any amount payable to a member pursuant to this paragraph is in addition to amounts payable to the member under paragraph (1). ``(f) Transportation of Property.--(1)(A) The professional gear of a member relocating as described in subsection (a) or (b) shall be transported at the time of the member's relocation and in an amount, and subject to any terms and conditions, applicable to the transportation or shipment of such gear by applicable law. ``(B) The personal property of the spouse and any dependents of a member relocating as described in subsection (a) or (b) shall be transported at the time of such relocation or as otherwise provided by applicable law. ``(2) Except as provided in paragraph (1), any transportation allowances authorized for the transportation of the personal property of a member and spouse making an election under subsection (a) may be allocated among the personal property of the member and spouse in such manner as the member and spouse shall select. ``(3) In this subsection, the terms `transportation allowances' and `personal property' have the meaning given such terms in section 451(b) of title 37. ``(g) Approval.--(1) The Secretary of Defense shall establish a single approval process for applications for coverage under this section. The process shall apply uniformly among the armed forces. ``(2) Applications for approval for coverage under this section shall consist of such elements (including documentary evidence) as the Secretary shall prescribe for purposes of the approval process required by this subsection. ``(3) The approval process required by this subsection shall ensure that the processing of applications for coverage under this section is completed in a timely manner that permits a spouse and any dependents to relocate whenever during the covered relocation period selected in the election concerned. In meeting that requirement, the approval process shall provide for the processing of applications at the lowest level in the chain of command of members as it appropriate to ensure proper administration of this section. ``(h) Regulations.--Each Secretary concerned shall prescribe regulations for the administration of this section with respect to the armed force or forces under the jurisdiction of such Secretary. ``(i) Covered Relocation Period Defined.--In this section, the term `covered relocation period', in connection with the permanent change of station of a member, means the period that-- ``(1) begins 180 days before the date of the permanent change of station; and ``(2) ends 180 days after the date of the permanent change of station.''. (2) Clerical amendment.--The table of sections at the beginning of subchapter I of chapter 88 of such title is amended by inserting after the item relating to section 1784a the following new item: ``1784b. Relocation of spouses and dependents in connection with the permanent change of station of certain members.''. (3) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act and shall apply with respect to permanent changes of station of members of the Armed Forces that occur on or after the date that is 180 days after such effective date. (b) Comptroller General of the United States Report.-- (1) Report required.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on potential actions of the Department of Defense to enhance the stability of military families undergoing a permanent change of station. (2) Elements.--The report required by paragraph (1) shall include the following: (A) A comparison of the current percentage of spouses in military families who work with the percentage of spouses in military families who worked in the recent past, and an assessment of the impact of the change in such percentage on military families. (B) An assessment of the effects of relocation of military families undergoing a permanent change of station on the employment, education, and licensure of spouses of military families. (C) An assessment of the effects of relocation of military families undergoing a permanent change of station on military children, including effect on their mental health. (D) An identification of potential actions of the Department to enhance the stability of military families undergoing a permanent change of station and to generate cost savings in connection with such changes of station. (E) Such other matters as the Comptroller General considers appropriate. (3) Additional element on funding of military family support programs.--In addition to the elements specified in paragraph (2), the report required by paragraph (1) shall also include a comparison of-- (A) the average annual amount spent by each Armed Force over the five-year period ending on December 31, 2015, on recruiting and retention bonuses and special pays for members of such Armed Force; with (B) the average annual amount spent by such Armed Force over such period on programs for military families and support of military families.

Military Family Stability Act of 2015 This bill allows a member of the Armed Forces undergoing a permanent change of station and the member's spouse to elect jointly that the spouse may relocate to the new location at the time during the covered relocation period as the member and spouse jointly select. The following families shall be eligible: the spouse is employed, or enrolled in a degree-, certificate-, or license-granting program, at the beginning of the covered relocation period; the member and spouse have one or more children in school; the spouse or children are covered under the Exceptional Family Member Program; the member and spouse are caring for an immediate family member with a chronic or long-term illness; or the member is undergoing a permanent change of station as an individual augmentee or other deployment arrangement. Families with other needs may receive exceptions granted by military commanders on a case-by-case basis. A member undergoing a permanent change of station who has one or more specified dependents and is no longer married to the individual who is or was the parent of such dependents at the beginning of the covered period of relocation may elect that such dependents relocate to the new location as follows: by the member alone if the former spouse is dead or has no custodial rights, or by the member and the former spouse jointly in all other circumstances. A member may not make: more than three elections; or any election unless the member's period of obligated service, or the time remaining under the member's enlistment contract, at the time of election is at least 24 months. The bill prescribes related housing and housing allowance requirements. Transportation allowances authorized for personal property of a member and spouse may be allocated as the member and spouse select. The Department of Defense shall establish a single application approval process for coverage under this Act which shall apply uniformly among the Armed Forces.

Military Family Stability Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anwar Sadat Centennial Celebration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Anwar Sadat was born on December 25, 1918, in Mit Abu al-Kum, al-Minufiyah, Egypt, as 1 of 13 children in a poor Egyptian family. (2) In 1938, Sadat graduated from the Royal Military Academy in Cairo and was appointed to the Signal Corps. (3) Sadat entered the Army as a second lieutenant and was posted to Sudan where he met Gamal Abdel Nasser and fellow junior officers who became the ``Free Officers'' who led the Egyptian revolution of 1952. (4) Sadat held various high positions during Nasser's presidency, assuming the role of President of the National Assembly in 1960 and Vice President in 1964. (5) President Nasser died of a heart attack on September 28, 1970, at which point Sadat became acting President. Sadat was subsequently elected as the third President of Egypt. (6) On October 6, 1973, President Sadat, along with his Syrian counterparts, launched an offensive against Israel. A permanent cease-fire was reached on October 25, 1973. (7) In 1974, after talks facilitated by Secretary of State Henry Kissinger, Egypt and Israel signed an agreement allowing Egypt to formally retrieve land in the Sinai. President Sadat later wrote in his memoirs that his meetings with Kissinger ``marked the beginning of a relationship of mutual understanding with the United States culminating and crystallizing in what we came to describe as a `peace process'. Together we started that process and the United States still supports our joint efforts to this day''. (8) Months of diplomacy between Egypt and Israel followed the signing of this initial agreement and a second disengagement agreement, the Sinai Interim Agreement, was signed in September of 1975. (9) President Sadat addressed a joint session of Congress on November 5, 1975, during which he underscored the shared values between the United States and Egypt. In this speech, President Sadat addressed the path to peace, saying, ``We are faced, together with other nations, with one of the greatest challenges of our time, namely the task of convincing this generation, and those to follow, that we can finally build a viable international system capable of meeting the demands of tomorrow and solving the problems of the coming age''. (10) On November 19, 1977, President Sadat became the first Arab leader to visit Israel, meeting with the Israeli Prime Minister, Menachem Begin. President Sadat spoke before the Israeli Knesset in Jerusalem about his views on how to achieve comprehensive peace in the Arab-Israeli conflict. (11) Before commencing negotiations, President Sadat courageously announced to the Knesset, ``I have come to you so that together we might build a durable peace based on justice, to avoid the shedding of 1 single drop of blood from an Arab or an Israeli. It is for this reason that I have proclaimed my readiness to go to the farthest corner of the world''. President Sadat further poignantly stated that ``any life lost in war is a human life, irrespective of its being that of an Israeli or an Arab. . . . When the bells of peace ring, there will be no hands to beat the drums of war''. (12) On September 17, 1978, President Jimmy Carter hosted President Sadat and Prime Minister Begin at Camp David where the 3 leaders engaged in 13 days of negotiations that resulted in the ``Framework for Peace in the Middle East'' (commonly known as the ``Camp David Accords''). (13) Following negotiations, President Sadat and Prime Minister Begin signed the Egypt-Israel Peace Treaty (in this section referred to as the ``Peace Treaty'') at the White House on March 26, 1979. Addressing President Sadat at the signing of the Peace Treaty, which remains an important anchor for peace in the region today, Prime Minister Begin commended President Sadat by saying, ``In the face of adversity and hostility, you have demonstrated the human value that can change history-- civil courage''. (14) The Peace Treaty featured mutual recognition of each country by the other and ultimately the cessation of the state of war that had existed between Israel and Egypt since the 1948 Arab-Israeli War. Israel completely withdrew its armed forces and civilians from the rest of the Sinai. (15) In 1978, both President Sadat and Prime Minister Begin were awarded the Nobel Peace Prize for signing the Peace Treaty, which made Egypt the first Arab country to officially recognize Israel. (16) While presenting the Nobel Peace Prize to President Sadat, Aase Lionaes, Chairman of the Norwegian Nobel Committee, said, ``During the 30 preceding years, the peoples of the Middle East have, on 4 separate occasions, been the victims of warfare and there seemed no prospect of peace. President Sadat's great contribution to peace was that he had sufficient courage and foresight to break away from this vicious circle. His decision to accept Prime Minister Menachem Begin's invitation of November 17, 1977, to attend a meeting of the Israeli parliament on November 19 was an act of great courage, both from a personal and from a political point of view. This was a dramatic break with the past and a courageous step forward into a new age''. (17) During his Nobel lecture, President Sadat remarked, ``I made my trip because I am convinced that we owe it to this generation and the generations to come not to leave a stone unturned in our pursuit of peace''. (18) In remarks to the People's Assembly in Cairo on March 10, 1979, President Carter praised President Sadat, telling the Assembly, ``Your President has demonstrated the power of human courage and human vision to create hope where there had been only despair.''. President Carter also said that the Peace Treaty would ``strengthen cooperation between Egypt and the United States'' and underscored the support of the United States for the agreement, saying, ``I fully share and will support President Sadat's belief that stability must be maintained in this part of the world . . . He and I recognize that the security of this vital region is being challenged. I applaud his determination to meet that challenge, and my Government will stand with him''. (19) The signing of the Peace Treaty enraged many individuals who opposed normalized relations with Israel. President Sadat was assassinated on October 6, 1981, by Khalid Islambouli, a member of Egyptian Islamic Jihad. President Sadat was well aware of the controversy to which his actions would lead, but pushed for peace anyway. (20) Upon the death of President Sadat, President Ronald Reagan proclaimed, ``President Sadat was a courageous man whose vision and wisdom brought nations and people together. In a world filled with hatred, he was a man of hope. In a world trapped in the animosities of the past, he was a man of foresight, a man who sought to improve a world tormented by malice and pettiness''. (21) President Sadat is recognized in the United States and throughout the world as a respected leader and champion of peace whose vision provided a roadmap for the peaceful resolution of conflict that endures nearly 40 years after its inception. (22) President Sadat bravely reached out to Israel and dedicated himself to peace, furthering the national security of Egypt and the stability of the Middle East. (23) On the 30th anniversary of the Peace Treaty, President Barack Obama praised the enduring legacy of the Camp David Accords and the ``courage and foresight of these leaders, who stood together in unity to change the course of our shared history''. President Obama closed by saying, ``Today, as we seek to expand the circle of peace among Arabs and Israelis, we take inspiration from what Israel and Egypt achieved 3 decades ago, knowing that the destination is worthy of the struggle''. (24) The Camp David Accords and the Peace Treaty continue to serve the interests of the United States by preserving peace and serving as a foundation for partnership and dialogue in a region fraught with conflict and division. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous award, on behalf of Congress, of a gold medal of appropriate design to Anwar Sadat in recognition of his achievements and heroic actions to attain comprehensive peace in the Middle East. (b) Design and Striking.--For the purpose of the award referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Presentation.-- (1) In general.--The gold medal referred to in subsection (a) shall be presented to-- (A)(i) the widow of Anwar Sadat, Jehan Sadat; or (ii) if Jehan Sadat is unavailable, the next of kin of Jehan Sadat; and (B) a representative of the Government of Egypt. (2) Award of medal.--Following the presentation described in paragraph (1), the gold medal shall be given to-- (A) Jehan Sadat; or (B) if Jehan Sadat is unavailable, the next of kin of Jehan Sadat. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 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. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. Passed the Senate August 22, 2018. Attest: JULIE E. ADAMS, Secretary.

Anwar Sadat Centennial Celebration Act (Sec. 3) This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Anwar Sadat in recognition of his achievements and heroic actions to attain comprehensive peace in the Middle East.

Anwar Sadat Centennial Celebration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``SAFE-ID Act'' or the ``SAFE-ID Act''. SEC. 2. DEFINITIONS. As used in this Act, the following definitions shall apply: (1) Business enterprise.--The term ``business enterprise'' means any organization, association, or venture established to make a profit. (2) Country with adequate privacy protection.--The term ``country with adequate privacy protection'' means a country that has been certified by the Federal Trade Commission as having a legal system that provides adequate privacy protection for personally identifiable information. (3) Health care business.--The term ``health care business'' means any business enterprise or private, nonprofit organization that collects or retains personally identifiable information about consumers in relation to medical care, including-- (A) hospitals; (B) health maintenance organizations; (C) medical partnerships; (D) emergency medical transportation companies; (E) medical transcription companies; (F) banks that collect or process medical billing information; and (G) subcontractors, or potential subcontractors, of the entities described in subparagraphs (A) through (F). (4) Personally identifiable information.--The term ``personally identifiable information'' includes, but is not limited to, information such as-- (A) name; (B) postal address; (C) financial information; (D) medical records; (E) date of birth; (F) phone number; (G) e-mail address; (H) social security number; (I) mother's maiden name; (J) password; (K) state identification information; and (L) driver's license number. SEC. 3. TRANSMISSION OF INFORMATION. (a) In General.--A business enterprise may transmit personally identifiable information regarding a citizen of the United States to any foreign affiliate or subcontractor located in a country that is a country with adequate privacy protection. (b) Consent Required.--A business enterprise may not transmit personally identifiable information regarding a citizen of the United States to any foreign affiliate or subcontractor located in a country that is a country without adequate privacy protection unless-- (1) the business enterprise discloses to the citizen that the country to which the information will be transmitted does not have adequate privacy protection; (2) the business enterprise obtains consent from the citizen, before a consumer relationship is established or before the effective date of this Act, to transmit such information to such foreign affiliate or subcontractor; and (3) the consent referred to in paragraph (2) is renewed by the citizen within 1 year before such information is transmitted. (c) Liability.--A business enterprise shall be liable for any damages arising from the improper storage, duplication, sharing, or other misuse of personally identifiable information by the business enterprise or by any of its foreign affiliates or subcontractors that received such information from the business enterprise. (d) Rulemaking.--The Chairman of the Federal Trade Commission shall promulgate regulations through which the Chairman may enforce the provisions of this section and impose a fine for a violation of this section. SEC. 4. HEALTH CARE INFORMATION. (a) In General.--A health care business shall be liable for any damages arising from the improper storage, duplication, sharing, or other misuse of personally identifiable information by the business enterprise or by any of its foreign affiliates or subcontractors that received such information from the business enterprise. (b) No Opt Out Provision.--A health care business may not terminate an existing relationship with a consumer of health care services to avoid the consent requirement under section 3(b). (c) Rulemaking.--The Secretary of Health and Human Services shall promulgate regulations through which the Secretary may enforce the provisions of this section and impose a fine for the violation of this section. SEC. 5. CERTIFICATION. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Federal Trade Commission shall-- (1) certify those countries that have legal systems that provide adequate privacy protection for personally identifiable information; and (2) make the list of countries certified under paragraph (1) available to the general public. (b) Certification Criteria.--In determining whether a country should be certified under this section, the Federal Trade Commission shall consider the adequacy of the country's infrastructure for detecting, evaluating, and responding to privacy violations. (c) European Union Data Protection Directive.--A country that has comprehensive privacy laws that meet the requirements of the European Union Data Protection Directive shall be certified under this section unless the Federal Trade Commission determines that such laws are not commonly enforced within such country. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the expiration of the date which is 90 days after the date of enactment of this Act.

SAFE-ID Act - Authorizes a business to transmit personally identifiable information regarding a U.S. citizen to any foreign affiliate or subcontractor located in a country certified by the Federal Trade Commission (FTC) as having adequate privacy protection for such information. Prohibits such business from transmitting such information to an affiliate or subcontractor in a country without such privacy protection unless: (1) the business discloses to the citizen that the country does not have such privacy protection; (2) the business obtains the citizen's consent to transmit such information; and (3) the consent is renewed by the citizen within one year before the information is transmitted. Provides liability for businesses improperly transmitting such information. Makes any business or organization that collects or retains personally identifiable health care information about consumers (health care business) liable for any damages caused by improper storage, duplication, sharing, or other misuse of such information by the health care business or any foreign affiliate or subcontractor that received such information. Prohibits a health care business from terminating an existing relationship with a consumer of health care services in order to avoid the consent requirement. Directs the FTC to certify, and make a list of, those countries that have legal systems that provide adequate privacy protection for such information.

A bill to regulate the transmission of personally identifiable information to foreign affiliates and subcontractors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education, Achievement, and Opportunity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Private schools supplement the public school system and are a vital component of our Nation's school network. (2) The public school system was created to serve students, not the other way around. Children should have the opportunity to attend the school system that is most conducive to developing their abilities, and parents have the right to choose the public or private school that best meets their child's individual needs. SEC. 3. CREDIT FOR ELEMENTARY AND SECONDARY EDUCATION EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. ELEMENTARY AND SECONDARY EDUCATION EXPENSES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified education expenses paid by the taxpayer during the taxable year for each qualifying child of the taxpayer. ``(2) Amount per child.--The amount of credit allowable under paragraph (1) for any taxable year with respect to the qualified education expenses of each qualifying child of the taxpayer shall not exceed-- ``(A) $2,500 for a child enrolled in an elementary school for any portion of the taxable year, and ``(B) $3,500 for a child enrolled in a secondary school for any portion of the taxable year. In any taxable year in which a child meets the requirements of both subparagraphs (A) and (B), the amount of credit allowable shall not exceed the sum of the amounts in such subparagraphs. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) (after the application of subsection (a)(2)) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. ``(2) Definitions and special rules.--For purposes of this paragraph (1)-- ``(A) Threshold amount.--The term `threshold amount' means-- ``(i) $150,000 in the case of a joint return, and ``(ii) $75,000 in any other case. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Marital status.--Marital status shall be determined under section 7703. ``(c) Definitions.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' has the meaning provided by section 24(c). ``(2) Qualified education expenses.-- ``(A) In general.--The term `qualified education expenses' means amounts paid for-- ``(i) tuition and fees required for the enrollment or attendance of a student at a qualified educational institution, ``(ii) computers, educational software, computer support services, and books required for courses of instruction at a qualified educational institution, ``(iii) academic tutoring (by a person other than the taxpayer), ``(iv) special needs services for qualifying children with disabilities (within the meaning of the Americans With Disabilities Act of 1990), ``(v) fees for transportation services to and from a private school, if the transportation is provided by the school and the school charges a fee for the transportation, and ``(vi) academic testing services. ``(B) Amounts excluded.--The term does not include special school fees for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. ``(3) Qualified educational institution.--The term `qualified educational institution' means-- ``(A) an elementary or secondary school (as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), or ``(B) any private, parochial, or religious school organized for the purpose of providing elementary or secondary education, or both. ``(d) Adjustment for Coverdell Savings Account Distributions.--The amount of qualified education expenses taken into account under subsection (a) with respect to an individual for a taxable year shall be reduced (before the application of subsection (b)) by the sum of any amounts not includible in gross income under section 530(d)(2)(B) for such taxable year by reason of the qualified elementary and secondary education expenses (as defined in section 530(b)(4)) of such individual for such taxable year.''. (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or'' after ``1978,'' and by inserting before the period ``, or enacted by the Education, Achievement, and Opportunity Act''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 36. Elementary and secondary education expenses. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Education, Achievement, and Opportunity Act - Amends the Internal Revenue Code to allow an annual refundable tax credit for certain expenses incurred for children enrolled in elementary or secondary public and private schools. Includes as eligible expenses: tuition and fees, computers and educational software, academic tutoring, special needs services for children with disabilities, transportation fees, and academic testing services. Excludes expenses for nonacademic purposes, including fees for student activities, athletics, insurance, school uniforms, and nonacademic after-school activities. Limits the amount of such credit to $2,500 for a child enrolled in an elementary school and $3,500 for a child in secondary school. Reduces such credit amounts for taxpayers earning over $75,000 ($150,000 for married taxpayers filing a joint return).

To amend the Internal Revenue Code of 1986 to allow a refundable credit against income tax for tuition expenses incurred for each qualifying child of the taxpayer in attending public or private elementary or secondary school.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jackson Multi-Agency Campus Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the management of public land and natural resources and the service of the public in the area of Jackson, Wyoming, are responsibilities shared by-- (A) the Department of Agriculture; (B) the Forest Service; (C) the Department of the Interior, including-- (i) the National Park Service; and (ii) the United States Fish and Wildlife Service; (D) the Game and Fish Commission of the State of Wyoming; (E) Teton County, Wyoming; (F) the town of Jackson, Wyoming; (G) the Jackson Chamber of Commerce; and (H) the Jackson Hole Historical Society; and (2) it is desirable to locate the administrative offices of several of the agencies and entities specified in paragraph (1) on 1 site to-- (A) facilitate communication between the agencies and entities; (B) reduce costs to the Federal, State, and local governments; and (C) better serve the public. (b) Purposes.--The purposes of this Act are-- (1) to authorize the Federal agencies specified in subsection (a)-- (A) to develop and maintain the Project in Jackson, Wyoming, in cooperation with the other agencies and entities specified in subsection (a); and (B) to provide resources and enter into such agreements as are necessary for the planning, design, construction, operation, maintenance, and fixture modifications of all elements of the Project; (2) to direct the Secretary to convey to the town of Jackson, Wyoming, certain parcels of federally owned land located in Teton County, Wyoming, in exchange for construction of facilities for the Bridger-Teton National Forest by the town of Jackson; (3) to direct the Secretary to convey to the Game and Fish Commission of the State of Wyoming certain parcels of federally owned land in the town of Jackson, Wyoming, in exchange for approximately 1.35 acres of land, also located in the town of Jackson, to be used in the construction of the Project; and (4) to relinquish certain reversionary interests of the United States in order to facilitate the transactions described in paragraphs (1) through (3). SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Game and Fish Commission of the State of Wyoming. (2) Construction cost.--The term ``construction cost'' means any cost that is-- (A) associated with building improvements to Federal standards and guidelines; and (B) open to a competitive bidding process approved by the Secretary. (3) Federal parcel.--The term ``Federal parcel'' means-- (A) the parcel of land, and all appurtenances to the land, comprising approximately 15.3 acres, depicted as ``Bridger- Teton National Forest'' on the Map; and (B) the parcel comprising approximately 80 acres, known as the ``Cache Creek Administrative Site'', located adjacent to the town. (4) Map.--The term ``Map'' means the map entitled ``Multi- Agency Campus Project Site'', dated March 31, 1999, and on file in the offices of-- (A) the Bridger-Teton National Forest, in the State of Wyoming; and (B) the Chief of the Forest Service. (5) Master plan.--The term ``master plan'' means the document entitled ``Conceptual Master Plan'', dated July 14, 1998, and on file at the offices of-- (A) the Bridger-Teton National Forest, in the State of Wyoming; and (B) the Chief of the Forest Service. (6) Project.--The term ``Project'' means the proposed project for construction of a multi-agency campus, to be carried out by the town of Jackson in cooperation with the other agencies and entities described in section 2(a)(1), to provide, in accordance with the master plan-- (A) administrative facilities for various agencies and entities; and (B) interpretive, educational, and other facilities for visitors to the greater Yellowstone area. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture (including a designee of the Secretary). (8) State parcel.--The term ``State parcel'' means the parcel of land comprising approximately 3 acres, depicted as ``Wyoming Game and Fish'' on the Map. (9) Town.--The term ``town'' means the town of Jackson, Wyoming. SEC. 4. MULTI-AGENCY CAMPUS PROJECT, JACKSON, WYOMING. (a) Construction for Exchange of Property.-- (1) In general.--Not later than 5 years after the date of enactment of this Act, the town may construct, as part of the Project, an administrative facility to be owned and operated by the Bridger-Teton National Forest, if-- (A) an offer by the town to construct the administrative facility is accepted by the Secretary under paragraph (2); (B) a memorandum of understanding between the town and the Secretary outlining the roles and responsibilities of each party involved in the land exchange and construction is executed; (C) a final building design and construction cost estimate is approved by the Secretary; and (D) the exchange described in subsection (b)(2) is completed in accordance with that subsection. (2) Acceptance and authorization to construct.--The Secretary, on receipt of an acceptable offer from the town under paragraph (1), shall authorize the town to construct the administrative facility described in paragraph (1) in accordance with this Act. (3) Conveyance.-- (A) Secretary.--The Secretary shall convey all right, title, and interest in and to the Federal land described in section 5(a)(1) to the town in simultaneous exchange for, and on satisfactory completion of, the administrative facility. (B) Town.--The town shall convey all right, title, and interest in and to the administrative facility constructed under this section in exchange for the land described in section 5(a)(1). (b) Offer To Convey State Parcel.-- (1) In general.--The Commission may offer to convey a portion of the State parcel, depicted on the Map as ``Parcel Three'', to the United States to be used for construction of an administrative facility for the Bridger-Teton National Forest. (2) Conveyance.--If the offer described in paragraph (1) is made not later than 5 years after the date of enactment of this Act, the Secretary shall convey the Federal land described in section 5(a)(2) to the Commission, in exchange for the portion of the State parcel described in paragraph (1), in accordance with this Act. SEC. 5. CONVEYANCE OF FEDERAL LAND. (a) In General.--In exchange for the consideration described in section 4, the Secretary shall convey-- (1) to the town, in a manner that equalizes values-- (A) the portion of the Federal parcel, comprising approximately 9.3 acres, depicted on the Map as ``Parcel Two''; and (B) if an additional conveyance of land is necessary to equalize the values of land exchanged after the conveyance of Parcel Two, an appropriate portion of the portion of the Federal parcel comprising approximately 80 acres, known as the ``Cache Creek Administrative Site'' and located adjacent to the town; and (2) to the Commission, the portion of the Federal parcel, comprising approximately 3.2 acres, depicted on the Map as ``Parcel One''. (b) Reversionary Interests.--As additional consideration for acceptance by the United States of any offer described in section 4, the United States shall relinquish all reversionary interests in the State parcel, as set forth in the deed between the United States and the State of Wyoming, dated February 19, 1957, and recorded on October 2, 1967, in Book 14 of Deeds, Page 382, in the records of Teton County, Wyoming. SEC. 6. EQUAL VALUE OF INTERESTS EXCHANGED. (a) Valuation of Land To Be Conveyed.-- (1) In general.--The fair market and improvement values of the land to be exchanged under this Act shall be determined-- (A) by appraisals acceptable to the Secretary, using nationally recognized appraisal standards; and (B) in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). (2) Appraisal report.--Each appraisal report shall be written to Federal standards, as defined in the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference. (3) No effect on value of reversionary interests.--An appraisal of the State parcel shall not take into consideration any reversionary interest held by the United States in the State parcel as of the date on which the appraisal is conducted. (b) Value of Federal Land Greater Than Construction Costs.--If the value of the Federal land to be conveyed to the town under section 5(a)(1) is greater than the construction costs to be paid by the town for the administrative facility described in section 4(a), the Secretary shall reduce the acreage of the Federal land conveyed so that the value of the Federal land conveyed to the town closely approximates the construction costs. (c) Value of Federal Land Equal to Value of State Parcel.-- (1) In general.--The value of any Federal land conveyed to the Commission under section 5(a)(2) shall be equal to the value of the State parcel conveyed to the United States under section 4(b). (2) Boundaries.--The boundaries of the Federal land and the State parcel may be adjusted to equalize values. (d) Payment of Cash Equalization.--Notwithstanding subsections (b) and (c), the values of Federal land and the State parcel may be equalized by payment of cash to the Secretary, the Commission, or the town, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), if the values cannot be equalized by adjusting the size of parcels to be conveyed or by conveying additional land, without compromising the design of the Project. SEC. 7. ADDITIONAL PROVISIONS. (a) Construction of Federal Facilities.--The construction of facilities on Federal land within the boundaries of the Project shall be-- (1) supervised and managed by the town in accordance with the memorandum of understanding referred to in section 4(a)(1)(B); and (2) carried out to standards and specifications approved by the Secretary. (b) Access.--The town (including contractors and subcontractors of the town) shall have access to the Federal land until completion of construction for all purposes related to construction of facilities under this Act. (c) Administration of Land Acquired by United States.--Land acquired by the United States under this Act shall be governed by all laws applicable to the administration of national forest sites. (d) Wetland.-- (1) In general.--There shall be no construction of any facility after the date of conveyance of Federal land under this Act within any portion of the Federal parcel delineated on the map as ``wetlands''. (2) Deeds and conveyance documents.--A deed or other conveyance document executed by the Secretary in carrying out this Act shall contain such reservations as are necessary to preclude development of wetland on any portion of the Federal parcel. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Provides for equal value of exchanged interests.Prohibits facility construction on wetlands.

Jackson Multi-Agency Campus Act of 1999

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Indian Health Care Improvement Technical Corrections Act of 1996''. (b) References.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Indian Health Care Improvement Act. SEC. 2. TECHNICAL CORRECTIONS IN THE INDIAN HEALTH CARE IMPROVEMENT ACT. (a) Definition of Health Profession.--Section 4(n) (25 U.S.C. 1603(n)) is amended-- (1) by inserting ``allopathic medicine,'' before ``family medicine''; and (2) by striking ``and allied health professions'' and inserting ``an allied health profession, or any other health profession''. (b) Indian Health Professions Scholarships.--Section 104(b) of the Indian Health Care Improvement Act (25 U.S.C. 1613a(b)) is amended-- (1) in paragraph (3)-- (A) in subparagraph (A)-- (i) by striking the matter preceding clause (i) and inserting the following: ``(3)(A) The active duty service obligation under a written contract with the Secretary under section 338A of the Public Health Service Act (42 U.S.C. 254l) that an individual has entered into under that section shall, if that individual is a recipient of an Indian Health Scholarship, be met in full-time practice, by service--''; (ii) by striking ``or'' at the end of clause (iii); and (iii) by striking the period at the end of clause (iv) and inserting ``; or''; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) At the request of any individual who has entered into a contract referred to in subparagraph (A) and who receives a degree in medicine (including osteopathic or allopathic medicine), dentistry, optometry, podiatry, or pharmacy, the Secretary shall defer the active duty service obligation of that individual under that contract, in order that such individual may complete any internship, residency, or other advanced clinical training that is required for the practice of that health profession, for an appropriate period (in years, as determined by the Secretary), subject to the following conditions: ``(i) No period of internship, residency, or other advanced clinical training shall be counted as satisfying any period of obligated service that is required under this section. ``(ii) The active duty service obligation of that individual shall commence not later than 90 days after the completion of that advanced clinical training (or by a date specified by the Secretary). ``(iii) The active duty service obligation will be served in the health profession of that individual, in a manner consistent with clauses (i) through (v) of subparagraph (A).''; (D) in subparagraph (C), as so redesignated, by striking ``prescribed under section 338C of the Public Health Service Act (42 U.S.C. 254m) by service in a program specified in subparagraph (A)'' and inserting ``described in subparagraph (A) by service in a program specified in that subparagraph''; and (E) in subparagraph (D), as so redesignated-- (i) by striking ``Subject to subparagraph (B),'' and inserting ``Subject to subparagraph (C),''; and (ii) by striking ``prescribed under section 338C of the Public Health Service Act (42 U.S.C. 254m)'' and inserting ``described in subparagraph (A)''; (2) in paragraph (4)-- (A) in subparagraph (B), by striking the matter preceding clause (i) and inserting the following: ``(B) the period of obligated service described in paragraph (3)(A) shall be equal to the greater of--''; and (B) in subparagraph (C), by striking ``(42 U.S.C. 254m(g)(1)(B))'' and inserting ``(42 U.S.C. 254l(g)(1)(B))''; and (3) in paragraph (5), by adding at the end the following new subparagraphs: ``(C) Upon the death of an individual who receives an Indian Health Scholarship, any obligation of that individual for service or payment that relates to that scholarship shall be canceled. ``(D) The Secretary shall provide for the partial or total waiver or suspension of any obligation of service or payment of a recipient of an Indian Health Scholarship if the Secretary determines that-- ``(i) it is not possible for the recipient to meet that obligation or make that payment; ``(ii) requiring that recipient to meet that obligation or make that payment would result in extreme hardship to the recipient; or ``(iii) the enforcement of the requirement to meet the obligation or make the payment would be unconscionable. ``(E) Notwithstanding any other provision of law, in any case of extreme hardship or for other good cause shown, the Secretary may waive, in whole or in part, the right of the United States to recover funds made available under this section. ``(F) Notwithstanding any other provision of law, with respect to a recipient of an Indian Health Scholarship, no obligation for payment may be released by a discharge in bankruptcy under title 11, United States Code, unless that discharge is granted after the expiration of the 5-year period beginning on the initial date on which that payment is due, and only if the bankruptcy court finds that the nondischarge of the obligation would be unconscionable.''. (c) California Contract Health Services Demonstration Program.-- Section 211(g) (25 U.S.C. 1621j(g)) is amended by striking ``1993, 1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''. (d) Extension of Certain Demonstration Program.--Section 405(c)(2) (25 U.S.C. 1645(c)(2)) is amended by striking ``September 30, 1996'' and inserting ``September 30, 1998''. (e) Gallup Alcohol and Substance Abuse Treatment Center.--Section 706(d) (25 U.S.C. 1665e(d)) is amended to read as follows: ``(d) Authorization of Appropriations.--There are authorized to be appropriated, for each of fiscal years 1996 through 2000, such sums as may be necessary to carry out subsection (b).''. (f) Substance Abuse Counselor Education Demonstration Program.-- Section 711(h) (25 U.S.C. 1665j(h)) is amended by striking ``1993, 1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''. (g) Home and Community-Based Care Demonstration Program.--Section 821(i) (25 U.S.C. 1680k(i)) is amended by striking ``1993, 1994, 1995, 1996, and 1997'' and inserting ``1996 through 2000''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Indian Health Care Improvement Technical Corrections Act of 1996 - Makes technical corrections to the Indian Health Care Improvement Act concerning allopathic medicine and Indian health professions scholarships and active duty service obligations. Amends the Indian Health Care Improvement Act to extend through FY 1998 the demonstration program for direct billing of Medicare, Medicaid, and other third party payors. Authorizes appropriations through FY 2000 for the: (1) California Contract Health Services Demonstration Program; (2) Gallup Alcohol and Substance Abuse Center; (3) Substance Abuse Counselor Education Demonstration Program; and (4) Home and Community-Based Care Demonstration Program.

Indian Health Care Improvement Technical Corrections Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Limitation on Nuclear Cooperation with the United Arab Emirates Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Foreign Relations of the Senate. (2) Government of the united arab emirates.-- (A) In general.--The term ``Government of the United Arab Emirates'' includes the government of any subdivision of the United Arab Emirates, and any agency or instrumentality of the Government of the United Arab Emirates. (B) Agency or instrumentality.--For purposes of subparagraph (A), the term ``agency or instrumentality of the Government of the United Arab Emirates'' means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to ``a foreign state'' deemed to be a reference to ``the United Arab Emirates''. (3) Government of iran.-- (A) In general.--The term ``Government of Iran'' includes the government of any subdivision of Iran, and any agency or instrumentality of the Government of Iran. (B) Agency or instrumentality.--For purposes of subparagraph (A), the term ``agency or instrumentality of the Government of Iran'' means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to ``a foreign state'' deemed to be a reference to ``Iran''. (4) National of the united arab emirates.--The term ``national of the United Arab Emirates'' means-- (A) any citizen of the United Arab Emirates; or (B) any other legal entity that is organized under the laws of the United Arab Emirates. (5) National of iran.--The term ``national of Iran'' means-- (A) any citizen of Iran; or (B) any other legal entity that is organized under the laws of Iran. SEC. 3. RESTRICTION ON NUCLEAR COOPERATION WITH THE UNITED ARAB EMIRATES. (a) Restriction on Nuclear Cooperation Agreement.--Notwithstanding any other provision of law or any international agreement, no agreement for cooperation between the United States of America and the United Arab Emirates pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) may enter into force on or after the date of the enactment of this Act unless not less than 30 legislative days prior to such entry into force the President certifies to the appropriate congressional committees that the requirements of subsection (c) have been met. (b) Restriction on Exports of Nuclear Material, Equipment, or Technology.--No license may be issued for the export of nuclear material, equipment, or technology to the United Arab Emirates pursuant to an agreement for cooperation between the United States of America and the United Arab Emirates pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) for any fiscal year beginning after the date of the enactment of this Act unless not less than 30 legislative days prior to the issuance of such license the President certifies to the appropriate congressional committees for such fiscal year that the requirements of subsection (c) have been met. (c) Requirements.--The requirements referred to in this subsection are the following: (1) The Government of the United Arab Emirates has taken, and is continuing to take, effective actions to prohibit, terminate, and prevent the transfer of goods, services, or technology to the Government of Iran, including fully implementing United Nations Security Council sanctions against Iran. (2) For the preceding 12-month period-- (A) there has been no cooperation with respect to any activity described in paragraph (1) between the Government of the United Arab Emirates and the Government of Iran, any national of Iran, or any Iranian-controlled entity based on all credible information available to the United States at the time of the certification; (B)(i) there has been no cooperation with respect to any activity described in paragraph (1) between any national of the United Arab Emirates and the Government of Iran, any national of Iran, or any Iranian- controlled entity based on all credible information available to the United States at the time of the certification; or (ii) the Government of the United Arab Emirates has-- (I) terminated all cooperation between any such United Arab Emirates national and the Government of Iran, any such Iranian national, or any such Iranian-controlled entity; (II) instituted effective measures to prevent a reoccurrence of any such cooperation; and (III) prosecuted any such United Arab Emirates national; and (C) the Government of the United Arab Emirates has not engaged in or condoned activities that violate-- (i) the Iran Sanctions Act of 1996, including Executive Orders 12957, 12959, 13059 and other executive orders issued pursuant to such Act; (ii) the Iran, North Korea, and Syria Nonproliferation Act; and (iii) other provisions of applicable United States law. (3) The Government of the United Arab Emirates-- (A) has developed and fully implemented an export control regime in accordance with international standards; (B) has developed and implemented the appropriate or necessary legislative and functional actions to target the logistical and financial networks that support terrorist organizations; and (C) has cooperated with the United States in identifying, preventing, disrupting and, where appropriate, prosecuting entities and individuals that assist Iran's procurement of goods, services, or technology, and entities affiliated with the Iranian Revolutionary Guard Corps. (d) Goods, Services, or Technology Defined.-- (1) In general.--Except as provided in paragraph (2), in this section, the term ``goods, services, or technology'' means-- (A) goods, services, or technology listed on-- (i)(I) the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 8/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 7/Part 2, and subsequent revisions); (II) the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; (III) the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; (IV) the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; (V) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; (VI) the United States Munitions List under section 38 of the Arms Export Control Act (22 U.S.C. 2778) for which special export controls are warranted under such Act (22 U.S.C. 2751 3 et seq.); or (VII) the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations; or (B) goods, services, or technology not listed on any list identified in subparagraph (A) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to Iran because of their potential to make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems. (2) Exclusion.--The term ``goods, services, or technology'' does not include goods, services, or technology that are directly related to the operation of the Bushehr nuclear power reactor.

Limitation on Nuclear Cooperation with the United Arab Emirates Act of 2009 - Prohibits any agreement for cooperation to enter into force or any license to be issued for the export of nuclear material, equipment, or technology between the United States and the United Arab Emirates (UAE) pursuant to the Atomic Energy Act of 1954 unless the President certifies to the appropriate congressional committees that the government of the UAE has: (1) taken actions to prohibit the transfer of goods, services, or technology to the government of Iran, including fully implementing U.N. Security Council sanctions against Iran; (2) implemented an export control regime in accordance with international standards and has implemented legislative and functional actions to target the logistical and financial networks that support terrorist organizations; (3) terminated all related cooperation between any UAE national and the government of Iran, any Iranian national, or any Iranian-controlled entity, and has prosecuted any such UAE national, and (4) not engaged in or condoned activities that violate the Iran Sanctions Act of 1996, the Iran, North Korea, and Syria Nonproliferation Act, and other applicable U.S. law.

To restrict nuclear cooperation with the United Arab Emirates, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arlington National Cemetery Burial Eligibility Act''. SEC. 2. PERSONS ELIGIBLE FOR BURIAL IN ARLINGTON NATIONAL CEMETERY. (a) In General.--Chapter 24 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 2412. Arlington National Cemetery: persons eligible for burial ``(a) Primary Eligibility.--The remains of the following individuals may be buried in Arlington National Cemetery: ``(1) Any member of the Armed Forces who dies while on active duty. ``(2) Any retired member of the Armed Forces and any person who served on active duty and at the time of death was entitled (or but for age would have been entitled) to retired pay under chapter 1223 of title 10, United States Code. ``(3) Any former member of the Armed Forces separated for physical disability before October 1, 1949, who-- ``(A) served on active duty; and ``(B) would have been eligible for retirement under the provisions of section 1201 of title 10 (relating to retirement for disability) had that section been in effect on the date of separation of the member. ``(4) Any former member of the Armed Forces whose last active duty military service terminated honorably and who has been awarded one of the following decorations: ``(A) Medal of Honor. ``(B) Distinguished Service Cross, Air Force Cross, or Navy Cross. ``(C) Distinguished Service Medal. ``(D) Silver Star. ``(E) Purple Heart. ``(5) Any former prisoner of war who dies on or after November 30, 1993. ``(6) The President or any former President. ``(b) Eligibility of Family Members.--The remains of the following individuals may be buried in Arlington National Cemetery: ``(1) The spouse, surviving spouse (which for purposes of this paragraph includes any remarried surviving spouse, section 2402(5) of this title notwithstanding), minor child, and, at the discretion of the Superintendent, unmarried adult child of a person listed in subsection (a), but only if buried in the same gravesite as that person. ``(2)(A) The spouse, minor child, and, at the discretion of the Superintendent, unmarried adult child of a member of the Armed Forces on active duty if such spouse, minor child, or unmarried adult child dies while such member is on active duty. ``(B) The individual whose spouse, minor child, and unmarried adult child is eligible under subparagraph (A), but only if buried in the same gravesite as the spouse, minor child, or unmarried adult child. ``(3) The parents of a minor child or unmarried adult child whose remains, based on the eligibility of a parent, are already buried in Arlington National Cemetery, but only if buried in the same gravesite as that minor child or unmarried adult child. ``(4)(A) Subject to subparagraph (B), the surviving spouse, minor child, and, at the discretion of the Superintendent, unmarried adult child of a member of the Armed Forces who was lost, buried at sea, or officially determined to be permanently absent in a status of missing or missing in action. ``(B) A person is not eligible under subparagraph (A) if a memorial to honor the memory of the member is placed in a cemetery in the national cemetery system, unless the memorial is removed. A memorial removed under this subparagraph may be placed, at the discretion of the Superintendent, in Arlington National Cemetery. ``(5) The surviving spouse, minor child, and, at the discretion of the Superintendent, unmarried adult child of a member of the Armed Forces buried in a cemetery under the jurisdiction of the American Battle Monuments Commission. ``(c) Disabled Adult Unmarried Children.--In the case of an unmarried adult child who is incapable of self-support up to the time of death because of a physical or mental condition, the child may be buried under subsection (b) without requirement for approval by the Superintendent under that subsection if the burial is in the same gravesite as the gravesite in which the parent, who is eligible for burial under subsection (a), has been or will be buried. ``(d) Family Members of Persons Buried in a Group Gravesite.--In the case of a person eligible for burial under subsection (a) who is buried in Arlington National Cemetery as part of a group burial, the surviving spouse, minor child, or unmarried adult child of the member may not be buried in the group gravesite. ``(e) Exclusive Authority for Burial in Arlington National Cemetery.--Eligibility for burial of remains in Arlington National Cemetery prescribed under this section is the exclusive eligibility for such burial. ``(f) Application for Burial.--A request for burial of remains of an individual in Arlington National Cemetery made before the death of the individual may not be considered by the Secretary of the Army or any other responsible official. ``(g) Register of Buried Individuals.--(1) The Secretary of the Army shall maintain a register of each individual buried in Arlington National Cemetery and shall make such register available to the public. ``(2) With respect to each such individual buried on or after January 1, 1998, the register shall include a brief description of the basis of eligibility of the individual for burial in Arlington National Cemetery. ``(h) Definitions.--For purposes of this section: ``(1) The term `retired member of the Armed Forces' means-- ``(A) any member of the Armed Forces on a retired list who served on active duty and who is entitled to retired pay; ``(B) any member of the Fleet Reserve or Fleet Marine Corps Reserve who served on active duty and who is entitled to retainer pay; and ``(C) any member of a reserve component of the Armed Forces who has served on active duty and who has received notice from the Secretary concerned under section 12731(d) of title 10, of eligibility for retired pay under chapter 1223 of title 10, United States Code. ``(2) The term `former member of the Armed Forces' includes a person whose service is considered active duty service pursuant to a determination of the Secretary of Defense under section 401 of Public Law 95-202 (38 U.S.C. 106 note). ``(3) The term `Superintendent' means the Superintendent of Arlington National Cemetery.''. (b) Publication of Updated Pamphlet.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall publish an updated pamphlet describing eligibility for burial in Arlington National Cemetery. The pamphlet shall reflect the provisions of section 2412 of title 38, United States Code, as added by subsection (a). (c) Clerical Amendment.--The table of sections at the beginning of chapter 24 of title 38, United States Code, is amended by adding at the end the following new item: ``2412. Arlington National Cemetery: persons eligible for burial.''. (d) Technical Amendments.--(1) Section 2402(5) of title 38, United States Code, is amended by inserting ``, except section 2412(b)(1) of this title,'' after ``which for purposes of this chapter''. (2) Section 2402(7) of such title is amended-- (A) by inserting ``(or but for age would have been entitled)'' after ``was entitled''; (B) by striking out ``chapter 67'' and inserting in lieu thereof ``chapter 1223''; and (C) by striking out ``or would have been entitled to'' and all that follows and inserting in lieu thereof a period. (e) Effective Date.--(1) Except as provided in paragraph (2), section 2412 of title 38, United States Code, as added by subsection (a), shall apply with respect to individuals dying on or after the date of the enactment of this Act. (2) In the case of an individual buried in Arlington National Cemetery before the date of the enactment of this Act, the surviving spouse of such individual is deemed to be eligible for burial in Arlington National Cemetery under subsection (b) of such section, but only in the same gravesite as such individual. SEC. 3. PERSONS ELIGIBLE FOR PLACEMENT IN THE COLUMBARIUM IN ARLINGTON NATIONAL CEMETERY. (a) In General.--Chapter 24 of title 38, United States Code, is amended by adding after section 2412, as added by section 2(a) of this Act, the following new section: ``Sec. 2413. Arlington National Cemetery: persons eligible for placement in columbarium ``The cremated remains of the following individuals may be placed in the columbarium in Arlington National Cemetery: ``(1) A person eligible for burial in Arlington National Cemetery under section 2412 of this title. ``(2)(A) A veteran whose last period of active duty service (other than active duty for training) ended honorably. ``(B) The spouse, surviving spouse, minor child, and, at the discretion of the Superintendent of Arlington National Cemetery, unmarried adult child of such a veteran.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 24 of title 38, United States Code, is amended by adding after section 2412, as added by section 2(c) of this Act, the following new item: ``2413. Arlington National Cemetery: persons eligible for placement in columbarium.''. (c) Conforming Amendment.--Section 11201(a)(1) of title 46, United States Code, is amended by inserting after subparagraph (B), the following new subparagraph: ``(C) Section 2413 (relating to placement in the columbarium in Arlington National Cemetery).''. (d) Effective Date.--Section 2413 of title 38, United States Code, as added by subsection (a), and section 11201(a)(1)(C), as added by subsection (c), shall apply with respect to individuals dying on or after the date of the enactment of this Act. SEC. 4. MONUMENTS IN ARLINGTON NATIONAL CEMETERY. (a) In General.--Chapter 24 of title 38, United States Code, is amended by adding after section 2413, as added by section 3(a) of this Act, the following new section: ``Sec. 2414. Arlington National Cemetery: authorized headstones, markers, and monuments ``(a) Gravesite Markers Provided by the Secretary.--A gravesite in Arlington National Cemetery shall be appropriately marked in accordance with section 2404 of this title. ``(b) Gravesite Markers Provided at Private Expense.--(1) The Secretary of the Army shall prescribe regulations for the provision of headstones or markers to mark a gravesite at private expense in lieu of headstones and markers provided by the Secretary of Veterans Affairs in Arlington National Cemetery. ``(2) Such regulations shall ensure that-- ``(A) such headstones or markers are of simple design, dignified, and appropriate to a military cemetery; ``(B) the person providing such headstone or marker provides for the future maintenance of the headstone or marker in the event repairs are necessary; ``(C) the Secretary of the Army shall not be liable for maintenance of or damage to the headstone or marker; ``(D) such headstones or markers are aesthetically compatible with Arlington National Cemetery; and ``(E) such headstones or markers are permitted only in sections of Arlington National Cemetery authorized for such headstones or markers as of January 1, 1947. ``(c) Monuments.--(1) No monument (or similar structure as determined by the Secretary of the Army in regulations) may be placed in Arlington National Cemetery except pursuant to the provisions of this subsection. ``(2) A monument may be placed in Arlington National Cemetery if the monument commemorates-- ``(A) the service in the Armed Forces of the individual, or group of individuals, whose memory is to be honored by the monument; or ``(B) a particular military event. ``(3) No monument may be placed in Arlington National Cemetery until the end of the 25-year period beginning-- ``(A) in the case of commemoration of service under paragraph (1)(A), on the last day of the period of service so commemorated; and ``(B) in the case of commemoration of a particular military event under paragraph (1)(B), on the last day of the period of the event. ``(4) A monument may be placed only in those sections of Arlington National Cemetery designated by the Secretary of the Army for such placement.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 24 of title 38, United States Code, is amended by adding after section 2413, as added by section 3(b) of this Act, the following new item: ``2414. Arlington National Cemetery: authorized headstones, markers, and monuments.''. (c) Effective Date.--The amendment made by subsection (a) shall apply with respect to headstones, markers, or monuments placed in Arlington National Cemetery on or after the date of the enactment of this Act. SEC. 5. PUBLICATION OF REGULATIONS. Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall publish in the Federal Register any regulation proposed by the Secretary under this Act. Passed the House of Representatives March 23, 1999. Attest: JEFF TRANDAHL, Clerk.

Arlington National Cemetery Burial Eligibility Act - Allows the remains of the following persons to be interred at Arlington National Cemetery: (1) any member of the armed forces who dies while on active duty; (2) any retired member and any person who served on active duty and at the time of death was entitled to retired pay (or would have been so entitled but for his or her age); (3) any former member who was separated for physical disability before October 1, 1949, who served on active duty, and who would have been eligible for disability retirement if such provisions had been in effect on such date; (4) any former member whose last active military service was terminated honorably and who has been awarded one of a number of specified military decorations; (5) any former prisoner of war who dies on or after November 30, 1993; (6) the President or any former President; (7) the spouse, surviving spouse, minor child, and, in the discretion of the Cemetery's Superintendent, unmarried adult child of an interred member (but only if buried in the same gravesite); (8) the spouse, minor child, and unmarried adult child (discretionary) of a member on active duty if such person dies while the member is on active duty; (9) the individual whose spouse, minor child, and unmarried adult child (discretionary) is eligible under (8), above, but only if buried in the same gravesite; (10) the parents of a minor child or unmarried adult child whose remains, based on the parent's eligibility, are already buried in the Cemetery, but only if buried in the same gravesite; (11) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member who was lost, buried at sea, or officially determined to be permanently absent in a status of missing or missing in action; and (12) the surviving spouse, minor child, and unmarried adult child (discretionary) of a member buried in a cemetery under the jurisdiction of the American Battle Monuments Commission.

Arlington National Cemetery Burial Eligibility Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trademark Amendments Act of 1999''. SEC. 2. DILUTION AS A GROUNDS FOR OPPOSITION AND CANCELATION. (a) Registrable Marks.--Section 2 of the Act entitled ``An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'' (in this Act referred to as the ``Trademark Act of 1946'') (15 U.S.C. 1052) is amended by adding at the end the following flush sentences: ``A mark which when used would cause dilution under section 43(c) may be refused registration only pursuant to a proceeding brought under section 13. A registration for a mark which when used would cause dilution under section 43(c) may be canceled pursuant to a proceeding brought under either section 14 or section 24.''. (b) Opposition.--Section 13(a) of the Trademark Act of 1946 (15 U.S.C. 1063(a)) is amended in the first sentence by inserting ``, including as a result of dilution under section 43(c),'' after ``principal register''. (c) Petitions To Cancel Registrations.--Section 14 of the Trademark Act of 1946 (15 U.S.C. 1064) is amended in the matter preceding paragraph (1) by inserting ``, including as a result of dilution under section 43(c),'' after ``damaged''. (d) Cancelation.--Section 24 of the Trademark Act of 1946 (15 U.S.C. 1092) is amended in the second sentence by inserting ``, including as a result of dilution under section 43(c),'' after ``register''. SEC. 3. REMEDIES IN CASES OF DILUTION OF FAMOUS MARKS. (a) Injunctions.--(1) Section 34(a) of the Trademark Act of 1946 (15 U.S.C. 1116(a)) is amended in the first sentence by striking ``section 43(a)'' and inserting ``subsection (a) or (c) of section 43''. (2) Section 43(c)(2) of the Trademark Act of 1946 (15 U.S.C. 1125(c)(2)) is amended in the first sentence by inserting ``as set forth in section 34'' after ``relief''. (b) Damages.--Section 35(a) of the Trademark Act of 1946 (15 U.S.C. 1117(a)) is amended in the first sentence by striking ``or a violation under section 43(a),'' and inserting ``a violation under section 43(a), or a willful violation under section 43(c),''. (c) Destruction of Articles.--Section 36 of the Trademark Act of 1946 (15 U.S.C. 1118) is amended in the first sentence-- (1) by striking ``or a violation under section 43(a),'' and inserting ``a violation under section 43(a), or a willful violation under section 43(c),''; and (2) by inserting after ``in the case of a violation of section 43(a)'' the following: ``or a willful violation under section 43(c)''. SEC. 4. LIABILITY OF GOVERNMENTS FOR TRADEMARK INFRINGEMENT AND DILUTION. (a) Civil Actions.--Section 32 of the Trademark Act of 1946 (15 U.S.C. 1114) is amended-- (1) by amending the last undesignated paragraph in paragraph (1) to read as follows: ``As used in this subsection, the term `any person' also includes the United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, or other persons acting for the United States and with the authorization and consent of the United States, and any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States, and any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity.''. (b) Waiver of Sovereign Immunity.--Section 40 of the Trademark Act of 1946 (15 U.S.C. 1122) is amended-- (1) in subsection (b), by striking ``(b) In a suit'' and inserting ``(c) Availibility of Remedies.--In a suit''; (2) by striking ``Sec. 40. (a) Any State'' and inserting the following: ``Sec. 40. (a) Waiver of Sovereign Immunity by the United States.-- The United States, all agencies and instrumentalities thereof, and all individuals, firms, corporations, other persons acting for the United States and with the authorization and consent of the United States, shall not be immune from suit in Federal or State court by any person, including any governmental or nongovernmental entity, for any violation under this Act. ``(b) Waiver of Sovereign Immunity by States.--Any State''; and (3) in the first sentence of subsection (c), as so redesignated-- (A) by striking ``subsection (a) for a violation described in that subsection'' and inserting ``subsection (a) or (b) for a violation described therein''; and (B) by inserting after ``other than'' the following: ``the United States or any agency or instrumentality thereof, or any individual, firm, corporation, or other person acting for the United States and with authorization and consent of the United States, or''. (c) Definition.--Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended by inserting between the 2 paragraphs relating to the definition of ``person'' the following: ``The term `person' also includes the United States, any agency or instrumentality thereof, or any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States. The United States, any agency or instrumentality thereof, and any individual, firm, or corporation acting for the United States and with the authorization and consent of the United States, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity.''. SEC. 5. CIVIL ACTIONS FOR TRADE DRESS INFRINGEMENT. Section 43(a) of the Trademark Act of 1946 (15 U.S.C. 1125(a)) is amended by adding at the end the following: ``(3) In a civil action for trade dress infringement under this Act for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional.''. SEC. 6. TECHNICAL AMENDMENTS. (a) Assignment of Marks.--Section 10 of the Trademark Act of 1946 (15 U.S.C. 1060) is amended-- (1) by striking ``subsequent purchaser'' in the second to last sentence and inserting ``assignment''; (2) in the first sentence by striking ``mark,'' and inserting ``mark''; and (3) in the third sentence by striking the second period at the end. (b) Additional Clerical Amendments.--The text and title of the Trademark Act of 1946 are amended by striking ``trade-marks'' each place it appears and inserting ``trademarks''. SEC. 7. RIGHTS OF PERFORMERS OF MUSICAL GROUPS. (a) In General.--Part A of subtitle II title 36, United States Code, is amended by inserting after chapter 2401 the following new chapter: ``CHAPTER 2501--ASSOCIATION TO PRESERVE AUTHENTICITY OF MUSICAL GROUPS ``Sec. ``250101. Association established. ``250102. Objects and purposes. ``250103. Powers. ``250104. Standards for use of certification mark. ``250105. Rights of performers. ``Sec. 250101. Association established ``There shall be established a body corporate which shall be known as the `Association to Preserve the Authenticity of Musical Groups'. The Association shall have perpetual succession and the powers and limitations contained in this chapter. The Association shall appoint its chairperson. ``Sec. 250102. Objects and purposes ``The objects and purposes of the Association shall be-- ``(1) to benefit entertainers and performers who have performed with original entertainment groups; ``(2) to promote, develop, and assist in preserving and protecting the rights of entertainers and performers; and ``(3) to educate the public concerning the history of performing groups and the names of the actual performers in those groups. To aid in its purposes, the Association shall promote and use the certification mark it establishes under this chapter and allow performers to use the certification mark of the Association in accordance with the chapter. ``Sec. 250103. Powers ``(a) In General.--The Association may-- ``(1) sue and be sued, collect dues, claim and defend in any court its rights and its members rights in its certification mark; ``(2) make and adopt a constitution, bylaws, rules, and regulations for the use of its certification mark; ``(3) from time to time repeal or amend its constitution, bylaws, rules, and regulations not inconsistent with the laws of the United States or any of the States thereof; and ``(4) provide for the safe-keeping and management of its property and funds. ``(b) Certification Mark.--The Association shall establish and have the sole and exclusive rights to its certification mark for use in carrying out its purposes. No powers or privileges granted by this chapter shall interfere or conflict with established or vested rights. ``Sec. 250104. Standards for use of certification mark ``The Association shall establish the standards for those entertainers who may use its certification mark. Such standards shall include, but are not limited to, the following criteria: ``(1) At least one performer in any group displaying or using in its advertising the certification mark must have been a member of the original group that performed under the same or similar name. ``(2) Any advertising for such group shall not be false or misleading with respect to the membership or history of the group. Any additional standards must be consistent with paragraphs (1) and (2). ``Sec. 250105. Rights of Performers ``It shall not be a violation of the Trademark Act of 1946 or the statutes or common law of any State for an individual who has been a member of a performing group to be able to use the certification mark of the Association and represent that such individual had been a member of such a group in any promotions, advertisements, or performing of the same services as those performed by such group, if such representation meets the standards in section 250104 and does not deceive or confuse as to the nature, characteristics, qualities, or sponsorship of such services.''. (b) Conforming Amendment.--The item relating to chapter 2501 in the table of chapters for subtitle II of title 36, United States Code, is amended to read as follows: ``2501. ASSOCIATION TO PROVIDE AUTHENTICITY OF MUSICAL 250101''. GROUPS.

(Sec. 3) Authorizes a court to grant injunctive relief for violations of this Act, as well as damages for willful violations, and an order for delivery and destruction of any articles of the defendant which constitute a willful violation. (Sec. 4) Waives sovereign immunity for the Federal Government to grant private citizens and corporate entities the right to bring an action for trademark infringement against the United States, its agencies and any entities or persons acting for the United States. (Sec. 5) Declares that in an action for trade dress infringement, where the matter sought to be protected is not registered with the U.S. Patent and Trademark Office, the person who asserts trade dress protection has the burden of proving that the trade dress is not functional (that is, not commonly used by similar businesses, and thus eligible for protection). (Sec. 7) Establishes the Association to Preserve the Authenticity of Musical Groups to: (1) benefit entertainers and performers who have performed with original entertainment groups; (2) promote, develop, and assist in preserving and protecting the rights of entertainers and performers; and (3) educate the public concerning the history of performing groups and the names of the actual performers in those groups. Directs the Association to: (1) establish and promote the use of a certification mark, to which it shall have sole and exclusive rights; and (2) establish the standards for those entertainers who may use it. Requires such standards to include that: (1) at least one performer in any group displaying or using in its advertising the certification mark must have been a member of the original group that performed under the same or similar name; and (2) any advertising for such group shall not be false or misleading with respect to the membership or history of the group. Declares that it shall not be a violation of the Lanham Act or any State law for an individual who has been a member of a performing group to: (1) be able to use the Association's certification mark; and (2) represent that such individual had been a member of such a group in any promotions, advertisements, or performing of the same services as those performed by such group, if such representation meets the standards of this Act and does not deceive or confuse as to the nature, characteristics, qualities, or sponsorship of such services.

Trademark Amendments Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Office of Advocacy Act of 2001''. SEC. 2. FINDINGS. The Congress finds that-- (1) excessive regulations continue to burden United States small business concerns; (2) Federal agencies are reluctant to comply with the requirements of chapter 6 of title 5, United States Code, and continue to propose regulations that impose disproportionate burdens on small business concerns; (3) the Office of Advocacy of the Small Business Administration (referred to in this Act as the ``Office'') is an effective advocate for small business concerns that can help to ensure that agencies are responsive to small business concerns and that agencies comply with their statutory obligations under chapter 6 of title 5, United States Code, and under the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121; 106 Stat. 4249 et seq.); (4) the independence of the Office is essential to ensure that it can serve as an effective advocate for small business concerns without being restricted by the views or policies of the Small Business Administration or any other executive branch agency; (5) the Office needs sufficient resources to conduct the research required to assess effectively the impact of regulations on small business concerns; and (6) the research, information, and expertise of the Office make it a valuable adviser to Congress as well as the executive branch agencies with which the Office works on behalf of small business concerns. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to ensure that the Office has the statutory independence and adequate financial resources to advocate for and on behalf of small business concerns; (2) to require that the Office report to the Chairmen and Ranking Members of the Committees on Small Business of the Senate and the House of Representatives and the Administrator of the Small Business Administration in order to keep them fully and currently informed about issues and regulations affecting small business concerns and the necessity for corrective action by the regulatory agency or the Congress; (3) to provide a separate authorization for appropriations for the Office; (4) to authorize the Office to report to the President and to the Congress regarding agency compliance with chapter 6 of title 5, United States Code; and (5) to enhance the role of the Office pursuant to chapter 6 of title 5, United States Code. SEC. 4. OFFICE OF ADVOCACY. (a) In General.--Title II of Public Law 94-305 (15 U.S.C. 634a et seq.) is amended by striking sections 201 through 203 and inserting the following: ``SEC. 201. SHORT TITLE. ``This title may be cited as the `Office of Advocacy Act'. ``SEC. 202. DEFINITIONS. ``In this title-- ``(1) the term `Administration' means the Small Business Administration; ``(2) the term `Administrator' means the Administrator of the Small Business Administration; ``(3) the term `Chief Counsel' means the Chief Counsel for Advocacy appointed under section 203; ``(4) the term `Office' means the Office of Advocacy established under section 203; and ``(5) the term `small business concern' has the same meaning as in section 3 of the Small Business Act. ``SEC. 203. ESTABLISHMENT OF OFFICE OF ADVOCACY. ``(a) Establishment.-- ``(1) In general.--There is established in the Administration an Office of Advocacy. ``(2) Appropriation requests.--Each appropriation request prepared and submitted by the Administration under section 1108 of title 31, United States Code, shall include a separate request relating to the Office. ``(b) Chief Counsel for Advocacy.-- ``(1) In general.--The management of the Office shall be vested in a Chief Counsel for Advocacy, who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the ground of fitness to perform the duties of the office. ``(2) Employment restriction.--The individual appointed to the office of Chief Counsel may not serve as an officer or employee of the Administration during the 5-year period preceding the date of appointment. ``(3) Removal.--The Chief Counsel may be removed from office by the President, and the President shall notify the Congress of any such removal not later than 30 days before the date of the removal, except that 30-day prior notice shall not be required in the case of misconduct, neglect of duty, malfeasance, or if there is reasonable cause to believe that the Chief Counsel has committed a crime for which a sentence of imprisonment can be imposed. ``(c) Primary Functions.--The Office shall-- ``(1) examine the role of small business concerns in the economy of the United States and the contribution that small business concerns can make in improving competition, encouraging economic and social mobility for all citizens, restraining inflation, spurring production, expanding employment opportunities, increasing productivity, promoting exports, stimulating innovation and entrepreneurship, and providing the means by which new and untested products and services can be brought to the marketplace; ``(2) assess the effectiveness of Federal subsidy and assistance programs for small business concerns and the desirability of reducing the emphasis on those programs and increasing the emphasis on general assistance programs designed to benefit all small business concerns; ``(3) measure the direct costs and other effects of government regulation of small business concerns, and make legislative, regulatory, and nonlegislative proposals for eliminating the excessive or unnecessary regulation of small business concerns; ``(4) determine the impact of the tax structure on small business concerns and make legislative, regulatory, and other proposals for altering the tax structure to enable all small business concerns to realize their potential for contributing to the improvement of the Nation's economic well-being; ``(5) study the ability of financial markets and institutions to meet the credit needs of small business concerns, and determine the impact of government demands on credit for small business concerns; ``(6) determine financial resource availability and recommend, with respect to small business concerns, methods for-- ``(A) delivery of financial assistance to minority and women-owned enterprises, including methods for securing equity capital; ``(B) generating markets for goods and services; ``(C) providing effective business education, more effective management and technical assistance, and training; and ``(D) assistance in complying with Federal, State, and local laws; ``(7) evaluate the efforts of Federal agencies and the private sector to assist minority and women-owned small business concerns; ``(8) make such recommendations as may be appropriate to assist the development and strengthening of minority, women- owned, and other small business concerns; ``(9) recommend specific measures for creating an environment in which all small business concerns will have the opportunity-- ``(A) to compete effectively and expand to their full potential; and ``(B) to ascertain any common reasons for the successes and failures of small business concerns; ``(10) determine the desirability of developing a set of rational, objective criteria to be used to define the term `small business concern', and develop such criteria, if appropriate; ``(11) make recommendations and submit reports to the Chairmen and Ranking Members of the Committees on Small Business of the Senate and the House of Representatives and the Administrator with respect to issues and regulations affecting small business concerns and the necessity for corrective action by the Administrator, any Federal department or agency, or the Congress; and ``(12) evaluate the efforts of each department and agency of the United States, and of private industry, to assist small business concerns owned and controlled by veterans, as defined in section 3(q) of the Small Business Act (15 U.S.C. 632(q)), and small business concerns owned and controlled by serviced- disabled veterans, as defined in such section 3(q), and to provide statistical information on the utilization of such programs by such small business concerns, and to make appropriate recommendations to the Administrator and to the Congress in order to promote the establishment and growth of those small business concerns. ``(d) Additional Functions.--The Office shall, on a continuing basis-- ``(1) serve as a focal point for the receipt of complaints, criticisms, and suggestions concerning the policies and activities of the Administration and any other department or agency of the Federal Government that affects small business concerns; ``(2) counsel small business concerns on the means by which to resolve questions and problems concerning the relationship between small business and the Federal Government; ``(3) develop proposals for changes in the policies and activities of any agency of the Federal Government that will better fulfill the purposes of this title and communicate such proposals to the appropriate Federal agencies; ``(4) represent the views and interests of small business concerns before other Federal agencies whose policies and activities may affect small business; ``(5) enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by the Federal Government that are of benefit to small usiness concerns, and information on the means by which small business concerns can participate in or make use of such programs and services; and ``(6) carry out the responsibilities of the Office under chapter 6 of title 5, United States Code. ``(e) Overhead and Administrative Support.--The Administrator shall provide the Office with appropriate and adequate office space at central and field office locations of the Administration, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein.''. (b) Reports to Congress.--Title II of Public Law 94-305 (15 U.S.C. 634a et seq.) is amended by striking section 206 and inserting the following: ``SEC. 206. REPORTS TO CONGRESS. ``(a) Annual Reports.--Not less than annually, the Chief Counsel shall submit to the President and to the Committees on Small Business of the Senate and the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, and the Committees on the Judiciary of the Senate and the House of Representatives, a report on agency compliance with chapter 6 of title 5, United States Code. ``(b) Additional Reports.--In addition to the reports required under subsection (a) of this section and section 203(c)(11), the Chief Counsel may prepare and publish such reports as the Chief Counsel determines to be appropriate. ``(c) Prohibition.--No report under this title shall be submitted to the Office of Management and Budget or to any other department or agency of the Federal Government for any purpose before submission of the report to the President and to the Congress.''. (c) Authorization of Appropriations.--Title II of Public Law 94-305 (15 U.S.C. 634a et seq.) is amended by striking section 207 and inserting the following: ``SEC. 207. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to the Office to carry out this title, such sums as may be necessary for each fiscal year. ``(b) Availability.--Any amount appropriated under subsection (a) shall remain available, without fiscal year limitation, until expended.''. (d) Incumbent Chief Counsel for Advocacy.--The individual serving as the Chief Counsel for Advocacy of the Small Business Administration on the date of enactment of this Act shall continue to serve in that position after such date in accordance with section 203 of the Office of Advocacy Act, as amended by this section. Passed the Senate March 26, 2001. Attest: GARY SISCO, Secretary.

Independent Office of Advocacy Act of 2001 - Amends the Small Business Act regarding the establishment of the Office of Advocacy to: (1) require each appropriation request submitted by the Small Business Administration (SBA) to include a separate funding request for such Office; (2) allow the Office's Chief Counsel to be removed by the President (requiring congressional notification); (3) require the Office to recommend methods for the delivery of financial assistance to women-owned businesses and evaluate the efforts of Federal agencies and the private sector in assisting such businesses; (4) require the Office to make recommendations and submit specified reports concerning issues and regulations affecting small business and any necessity for corrective action; and (5) require the Office to evaluate the efforts of the Federal Government and private industry to assist small businesses owned by veterans and service-disabled veterans. Requires the SBA to provide appropriate administrative support to the Office.Requires the Chief Counsel to report annually to the President and specified congressional committees on agency compliance with Federal regulatory analysis requirements.Authorizes appropriations.

A bill to ensure the independence and nonpartisan operation of the Office of Advocacy of the Small Business Administration.

<greek-th> x SECTION 1. SHORT TITLE.<greek-th> x This Act may be cited as the ``Prekindergarten Access Act of 2003''.<greek-th> x SEC. 2. PREKINDERGARTEN PROGRAM.<greek-th> x Title V of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following:<greek-th> x ``PART E--PREKINDERGARTEN PROGRAMS<greek-th> x ``SEC. 5701. FINDINGS.<greek-th> x ``Congress finds the following:<greek-th> x ``(1) Countless studies have shown what every parent already knows: High-quality preschool education programs work. They prepare children to learn when they go to school, and the programs increase the success of students throughout their lives.<greek-th> x ``(2) Children who get a high-quality prekindergarten education are less likely to repeat a grade level and have less need for special education instruction than those with no prekindergarten experience.<greek-th> x ``(3) Prekindergarten programs make a significant difference in the lives of children from low-income families. A recent study found that children in high-quality child care programs had better thinking and attention skills, better mathematics and pre-reading skills, and fewer behavioral problems.<greek-th> x ``(4) In a study following children to age 21 who received high-quality early children education, such children were more likely to have enrolled in college, been employed, and delayed parenthood.<greek-th> x ``SEC. 5702. DEFINITIONS.<greek-th> x ``For purposes of this part, the following definitions shall apply:<greek-th> x ``(1) Prekindergarten.--The term `prekindergarten' means a program serving children ages 3, 4, and 5 years old that supports children's cognitive, social, emotional, and physical development and helps prepare children for the transition to kindergarten.<greek-th> x ``(2) Eligible prekindergarten providers.--The term `eligible prekindergarten providers' includes child care programs, Head Start agencies, and schools that--<greek-th> x ``(A) have met applicable State licensing requirements and have obtained accreditation by a national accrediting body with demonstrated experience in accrediting child care, prekindergarten programs, or schools; or<greek-th> x ``(B) agree to obtain such accreditation not later than 3 years after receipt of a grant under this part.<greek-th> x ``(3) Prekindergarten teacher.--The term `prekindergarten teacher' means an individual who has or is working toward a bachelor of arts degree in early childhood development.<greek-th> x ``SEC. 5703. PROGRAM AUTHORIZED.<greek-th> x ``(a) In General.--The Secretary is authorized to provide grants to a State with an approved application under subsection (b) to allow such State to establish or expand prekindergarten early learning programs by eligible prekindergarten providers and local educational agencies in partnership with early childhood programs, organizations, or agencies that serve prekindergarten school children.<greek-th> x ``(b) State Application.--<greek-th> x ``(1) In general.--The State shall designate a State agency to administer, including the receipt and administration of funds and the evaluation of the program, the State-funded prekindergarten program funded under this part.<greek-th> x ``(2) State application.--The appropriate agency shall submit an application to the Secretary that includes-- <greek-th> x ``(A) an assurance that the State will provide non- Federal matching funds equal to not less than 20 percent of the award; and<greek-th> x ``(B) a description of-- <greek-th> x <greek-th> x <greek-th> x <greek-th> x <greek-th> x ``(i) how grant funds will be used to expand or enhance existing efforts across the State in providing access to high quality prekindergarten programs;<greek-th> x ``(ii) how the State will collaborate with local child care agencies and councils, including local child care resource and referral agencies;<greek-th> x ``(iii) how grant funds will be used to supplement and not supplant existing Federal, State, local and private funds used for prekindergarten programs;<greek-th> x ``(iv) how the State will ensure that grant funds are provided to a range of types of eligible prekindergarten providers;<greek-th> x ``(v) how the State will help eligible prekindergarten providers attract and retain qualified prekindergarten teachers;<greek-th> x ``(vi) how the State will identify the eligible children and eligible prekindergarten providers; and<greek-th> x ``(vii) how the State will give priority to full-time prekindergarten programs, including the expansion of existing part-time programs into full-time programs.<greek-th> x ``SEC. 5704. LOCAL APPLICATIONS.<greek-th> x ``(a) In General.--A local educational agency or eligible prekindergarten provider, as the case may be, that desires to receive a grant under this part shall submit an application to the State agency designated under section 5703(b) at such time, in such manner, and containing such information as such agency may reasonably require.<greek-th> x ``(b) Special Rule.--If the State prekindergarten program is not operated through the local educational agency, then the State shall award subgrants to eligible prekindergarten providers that currently administer prekindergarten programs at the local level.<greek-th> x ``(c) Content.--An application referred to in subsection (a), at a minimum, shall--<greek-th> x ``(1) demonstrate a need for the establishment, enhancement, or expansion of a prekindergarten program;<greek-th> x ``(2) describe how the local educational agency or eligible prekindergarten provider collaborates with local early childhood councils and agencies;<greek-th> x ``(3) provide an assurance that each individual hired is qualified to teach children at the prekindergarten level;<greek-th> x <greek-th> x ``(4) provide an assurance that the ratio of teachers or child development specialists to children shall not exceed 10910;<greek-th> x ``(5) provide a description of how funds will be used to coordinate with and enhance, but not duplicate or supplant, early childhood programs serving eligible children that exist in the community;<greek-th> x ``(6) describe how the agency or eligible prekindergarten provider will use a collaborative process with organizations and members of the community that have an interest and experience in early childhood development and education to establish, expand, or enhance prekindergarten programs;<greek-th> x ``(7) describe how the program will meet the diverse needs of children, ages 3 through 5, in the community who are not enrolled in kindergarten, including children with disabilities or whose native language is other than English;<greek-th> x ``(8) describe how the agency or eligible prekindergarten provider will collaborate with local schools to ensure a smooth transition for participating students from early childhood education to kindergarten and early elementary education;<greek-th> x ``(9) describe the results the programs are intended to achieve, and what tools will be used to measure the progress in attaining those results; and<greek-th> x ``(10) provide an assurance that none of the funds received under this part may be used for the construction or renovation of existing or new facilities (except for minor remodeling needed to accomplish the purposes of this part).<greek-th> x ``SEC. 5705. USES OF FUNDS.<greek-th> x ``(a) In General.--An agency or eligible prekindergarten provider that receives a grant award under this part shall use funds received to establish, enhance, or expand prekindergarten programs for children, ages 3 through 5, who are not enrolled in kindergarten, including-- <greek-th> x ``(1) providing a program that focuses on the developmental needs of participating children, including their social, cognitive, physical, and language-development needs, and using research-based approaches that build on competencies that lead to school success, particularly in language and literacy development and in reading;<greek-th> x ``(2) paying the costs of purchasing educational equipment, including educational materials, necessary to provide a high quality program;<greek-th> x ``(3) pursuing accreditation by a national accreditation body with demonstrated experience in accreditation of prekindergarten programs, to be obtained not later than 3 years after the date of receipt of funds under this part;<greek-th> x ``(4) helping prekindergarten teachers pursue and attain the credential and degree requirements established by the State and provide a stipend for attaining educational or professional development; and<greek-th> x ``(5) meeting the needs of working parents.<greek-th> x ``(b) Permissible Uses of Funds.--A prekindergarten program established under this part may use funds received under this part to pay for transporting students to and from a prekindergarten program.<greek-th> x ``SEC. 5706. REPORTING.<greek-th> x ``(a) Local Reports.--Each local educational agency or eligible prekindergarten provider that receives a grant award under this part shall submit an annual report to the designated State agency that reviews the effectiveness of the prekindergarten program established with funds provided under this part on--<greek-th> x ``(1) number and ages of children served, including information (disaggregated by family income, race, disability, native language);<greek-th> x ``(2) number of hours of service per day and number of months;<greek-th> x ``(3) number of prekindergarten teachers; and<greek-th> x ``(4) other sources of Federal, State, local, and private funds used to operate a program.<greek-th> x ``(b) Report to Congress.--The Secretary shall submit an annual report to Congress that evaluates the prekindergarten programs established under this part.<greek-th> x ``SEC. 5707. AUTHORIZATION OF APPROPRIATIONS.<greek-th> x ``There are authorized to be appropriated to carry out this part $2,000,000,000 for fiscal year 2003, $4,000,000,000 for fiscal year 2004, $5,000,000,000 for fiscal year 2005, $8,000,000,000 for fiscal year 2006, and $10,000,000,000 for fiscal year 2007.''.<greek-th> x <greek-th><greek-th> x 08

Prekindergarten Access Act of 2003 - Amends the Elementary and Secondary Education Act of 1965 to establish Prekindergarten Programs.Authorizes the Secretary of Education to provide grants to applicant States to establish or expand prekindergarten early learning programs by eligible prekindergarten providers and local educational agencies in partnership with early childhood programs, organizations, or agencies that serve three-, four-, and five-year old children.

To provide grants to States to establish, expand, or enhance prekindergarten programs for children who are not yet enrolled in kindergarten.

SECTION 1. ESTABLISHMENT OF RESERVATION. Section 1 of the Act entitled ``An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes,'' approved September 9, 1988 (Public Law 100-425; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended-- (1) in subsection (a)-- (A) by striking ``Subject to valid'' and inserting the following: ``(1) In general.--Subject to valid''; and (B) by adding after paragraph (1) (as designated by subparagraph (A)) the following: ``(2) Additional trust acquisitions.-- ``(A) In general.--The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive Order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. ``(B) Treatment of trust land.-- ``(i) All applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition. ``(ii) Any real property taken into trust under this paragraph shall not be eligible, or used, for any Class II or Class III gaming activity carried out pursuant to the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), except for real property within 2 miles of the gaming facility in existence on the date of enactment of this Act that is located on State Highway 18 in the Grand Ronde community of Oregon. ``(C) Reservation.--All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe.''; and (2) in subsection (c)-- (A) in the matter preceding the table, by striking ``in subsection (a) are approximately 10,311.60'' and inserting ``in subsection (a)(1) are approximately 11,349.92''; and (B) in the table-- (i) by striking the following: ``6 7 8 Tax lot 800 5.55''; and inserting the following: ``6 7 7, 8, Former tax lot 800, located 5.55''; 17, 18 within the SE \1/4\ SE \1/ 4\ of Section 7; SW \1/4\ SW \1/4\ of Section 8; NW \1/4\ NW \1/4\ of Section 17; and NE \1/4\ NE \1/4\ of Section 18 (ii) in the acres column of the last item added by section 2(a)(1) of Public Law 103-445 (108 Stat. 4566), by striking ``240'' and inserting ``241.06''; and (iii) by striking all text after ``6 7 18 E \1/2\ NE \1/4\ 43.42''; and inserting the following: ``6 8 1 W \1/2\ SE \1/4\ SE 20.6 \1/4\ 6 8 1 N \1/2\ SW \1/4\ SE 19.99 \1/4\ 6 8 1 SE \1/4\ NE \1/4\ 9.99 6 8 1 NE \1/4\ SW \1/4\ 10.46 6 8 1 NE \1/4\ SW \1/4\, 12.99 NW \1/4\ SW \1/4\ 6 7 6 SW \1/4\ NW \1/4\ 37.39 6 7 5 SE \1/4\ SW \1/4\ 24.87 6 7 5, 8 SW \1/4\ SE \1/4\ of 109.9 Section 5; and NE \1/4\ NE \1/4\, NW \1/4\ NE \1/4\, NE \1/4\ NW \1/4\ of Section 8 6 8 1 NW \1/4\ SE \1/4\ 31.32 6 8 1 NE \1/4\ SW \1/4\ 8.89 6 8 1 SW \1/4\ NE \1/4\, 78.4 NW \1/4\ NE \1/4\ 6 7 8, 17 SW \1/4\ SW \1/4\ of 14.33 Section 8; and NE \1/4\ NW \1/4\, NW \1/4\ NW \1/4\ of Section 17 6 7 17 NW\1/4\ NW \1/4\ 6.68 6 8 12 SW \1/4\ NE\1/4\ 8.19 6 8 1 SE \1/4\ SW \1/4\ 2.0 6 8 1 SW \1/4\ SW \1/4\ 5.05 6 8 12 SE \1/4\, SW \1/4\ 54.64 6 7 17, 18 SW \1/4\, NW \1/4\ 136.83 of Section 17; and SE \1/4\, NE \1/4\ of Section 18 6 8 1 SW \1/4\ SE \1/4\ 20.08 6 7 5 NE \1/4\ SE \1/4\, 97.38 SE \1/4\ SE \1/4\, E \1/2\ SE \1/4\ SW \1/4\ 4 7 31 SE \1/4\ 159.60 6 7 17 NW \1/4\ NW \1/4\ 3.14 6 8 12 NW \1/4\ SE \1/4\ 1.10 6 7 8 SW \1/4\ SW \1/4\ 0.92 6 8 12 NE \1/4\ NW \1/4\ 1.99 6 7 7 NW \1/4\ NW \1/4\ of Section 7; and 6 8 12 S \1/2\ NE \1/4\, E 86.48 \1/2\ NE \1/4\ NE \1/4\ of Section 12 6 8 12 NE \1/4\ NW \1/4\ 1.56 6 7 6 W \1/2\ SW \1/4\ SW \1/4\ of Section 6; and 6 8 1 E \1/2\ SE \1/4\ SE 35.82 \1/4\ of Section 1 6 7 5 E \1/2\ NW \1/4\ SE 19.88 \1/4\ 6 8 12 NW \1/4\ NE \1/4\ 0.29 6 8 1 SE \1/4\ SW \1/4\ 2.5 6 7 8 NE \1/4\ NW \1/4\ 7.16 6 8 1 SE \1/4\ SW \1/4\ 5.5 6 8 1 SE \1/4\ NW \1/4\ 1.34 ......... Total 11,349.92''. Passed the House of Representatives January 13, 2014. Attest: KAREN L. HAAS, Clerk.

Authorizes the Secretary of the Interior to accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon (comprising land within the political boundaries of Polk and Yamhill Counties, Oregon), if such real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. States that: (1) the Secretary shall treat all applications to take land into trust within the boundaries of the original 1857 reservation as an on-reservation trust acquisition; (2) the real property taken into trust is not to be eligible, or used, for Class II or III gaming, except for real property within two miles of a specified gaming facility; and (3) all real property taken into trust within those boundaries after September 9, 1988, shall be part of the Tribe's reservation.

To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Poison Control Center Enhancement and Awareness Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year more than 2,000,000 poisonings are reported to poison control centers throughout the United States. More than 90 percent of these poisonings happen in the home. 53 percent of poisoning victims are children younger than 6 years of age. (2) Poison centers are life-saving and cost-effective public health services. For every dollar spent on poison control centers, $7 in medical costs are saved. The average cost of a poisoning exposure call is $31.28, while the average cost if other parts of the medical system are involved is $932. Over the last 2 decades, the instability and lack of funding has resulted in a steady decline in the number of poison control centers in the United States. Currently, there are 75 such centers. (3) Stabilizing the funding structure and increasing accessibility to poison control centers will increase the number of United States residents who have access to a certified poison control center, and reduce the inappropriate use of emergency medical services and other more costly health care services. SEC. 3. DEFINITION. In this Act, the term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. ESTABLISHMENT OF A NATIONAL TOLL-FREE NUMBER. (a) In General.--The Secretary shall provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of the fiscal years 1999 through 2003. SEC. 5. ESTABLISHMENT OF NATIONWIDE MEDIA CAMPAIGN. (a) In General.--The Secretary shall establish a national media campaign to educate the public and health care providers about poison prevention and the availability of poison control resources in local communities and to conduct advertising campaigns concerning the nationwide toll-free number established under section 4. (b) Contract With Entity.--The Secretary may carry out subsection (a) by entering into contracts with 1 or more nationally recognized media firms for the development and distribution of monthly television, radio, and newspaper public service announcements. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $600,000 for each of the fiscal years 1999 through 2003. SEC. 6. ESTABLISHMENT OF A GRANT PROGRAM. (a) Regional Poison Control Centers.--The Secretary shall award grants to certified regional poison control centers for the purposes of achieving the financial stability of such centers, and for preventing and providing treatment recommendations for poisonings. (b) Other Improvements.--The Secretary shall also use amounts received under this section to-- (1) develop standard education programs; (2) develop standard patient management protocols for commonly encountered toxic exposures; (3) improve and expand the poison control data collection systems; and (4) improve national toxic exposure surveillance. (c) Certification.--Except as provided in subsection (d), the Secretary may make a grant to a center under subsection (a) only if the center has been certified by a professional organization in the field of poison control, and the Secretary has approved the organization as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning. (d) Waiver of Certification Requirements.-- (1) In general.--The Secretary may grant a waiver of the certification requirement of subsection (a) with respect to a noncertified poison control center that applies for a grant under this section if such center can reasonably demonstrate that the center will obtain such a certification within a reasonable period of time as determined appropriate by the Secretary. (2) Renewal.--The Secretary may only renew a waiver under paragraph (1) for a period of 3 years. (e) Supplement not Supplant.--Amounts made available to a poison control center under this section shall be used to supplement and not supplant other Federal, State, local or private funds provided for such center. (f) Maintenance of Effort.--A poison control center, in utilizing the proceeds of a grant under this section, shall maintain the expenditures of the center for activities of the center at a level that is equal to not less than the level of such expenditures maintained by the center for the fiscal year preceding the fiscal year for which the grant is received. (g) Matching Requirement.--The Secretary may impose a matching requirement with respect to amounts provided under a grant under this section if the Secretary determines appropriate. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $25,000,000 for each of the fiscal years 1999 through 2003.

Poison Control Center Enhancement and Awareness Act - Directs the Secretary of Health and Human Services to provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. Authorizes appropriations. Mandates a national media campaign to educate the public about poison prevention and the availability of local poison control resources and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations. Mandates grants for certified regional poison control centers to achieve financial stability and to prevent, and provide treatment recommendations for, poisoning. Mandates other grant uses. Sets forth center certification requirements. Authorizes appropriations.

Poison Control Center Enhancement and Awareness Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foster Care Tax Credit Act''. SEC. 2. FOSTER CARE TAX CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. FOSTER CARE TAX CREDIT. ``(a) Allowance of Credit.--With respect to each qualifying foster child of an eligible taxpayer, for each calendar month occurring during the taxable year that such child resides in the home of such taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to \1/12\ of the amount determined under subsection (b). ``(b) Amount Determined.-- ``(1) In general.--The amount determined under this subsection with respect to an eligible taxpayer and a taxable year is-- ``(A) $1,000, reduced by ``(B) $50 for each $1,000 (or fraction thereof) by which the eligible taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' has the meaning given such term by section 24(b)(2). ``(c) Qualifying Foster Child.--For purposes of this section, the term `qualifying foster child' means an eligible foster child (within the meaning of section 152(f)(1)(C)) of the eligible taxpayer-- ``(1) who has not attained age 17, ``(2) who is a citizen, national, or resident of the United States, ``(3) who resides in the home of the eligible taxpayer for not less than 1 calendar month during the taxable year, and ``(4) with respect to whom the credit under section 24 is not allowable to the eligible taxpayer or any other taxpayer who would be an eligible taxpayer but for paragraph (3) of subsection (d). ``(d) Eligible Taxpayer.--For purposes of this section, the term `eligible taxpayer' means any taxpayer, except that-- ``(1) no single household shall include more than 1 eligible taxpayer, ``(2) married individuals filing a joint return shall be treated as 1 eligible taxpayer, and ``(3) in the case of individuals not described in paragraph (2) who are members of the same household, only the taxpayer with the highest adjusted gross income for the taxable year shall be treated as an eligible taxpayer. ``(e) Calendar Month.--For purposes of this section, if a foster child resides in the home of the taxpayer for more than 15 consecutive days of a calendar month but fewer than the total number of days in such calendar month, such foster child shall be treated as residing in the home of the taxpayer for the full calendar month. ``(f) Portion of Credit Refundable.-- ``(1) In general.--The aggregate credits allowed to a taxpayer under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under this section without regard to this subsection and the limitation under section 26(a) (determined after any reduction of the credit under section 24(a) by reason of section 24(d)), or ``(B) the amount by which the aggregate amount of credits allowed by this subpart (determined without regard to this subsection, and after any reduction of the credit under section 24(a) by reason of section 24(d)) would increase if the limitation imposed by section 26(a) were increased by the greater of-- ``(i) 15 percent of so much of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year as exceeds $10,000, or ``(ii) in the case of a taxpayer with 3 or more qualifying foster children residing in the home of the taxpayer for all months in the taxable year (without regard to whether the same 3 children reside in the home of the taxpayer for all such months), the excess (if any) of-- ``(I) the taxpayer's social security taxes for the taxable year, over ``(II) the credit allowed under section 32 for the taxable year. The amount of the credit allowed under this subsection shall not be treated as a credit allowed under this subpart and shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a). For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year. ``(2) Social security taxes.--For purposes of paragraph (1), the term `social security taxes' has the same meaning as when used in section 24(d)(1). ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2001, the $10,000 amount contained in paragraph (1)(B)(i) shall be adjusted in the same manner as the $10,000 amount under section 24(d)(1)(B) is adjusted under section 24(d)(3). ``(g) Identification Requirement.--No credit shall be allowed under this section to an eligible taxpayer with respect to any qualifying foster child unless the taxpayer includes the name and taxpayer identification number of such qualifying foster child on the return of tax for the taxable year.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Foster care tax credit.''. (c) Effective Date.--The amendments made by this section shall apply to calendar months beginning after December 31, 2013, in taxable years beginning after such date. (d) Education.--The Secretary of Health and Human Services (or the Secretary's delegate), in coordination with the Secretary of the Treasury or such Secretary's delegate, shall identify provisions in the Internal Revenue Code of 1986 that can be used by or can benefit foster families, and shall increase outreach efforts to provide information and educational materials regarding such provisions to State and Indian tribal foster care agencies and to foster families.

Foster Care Tax Credit Act - Amends the Internal Revenue Code to allow a partially refundable tax credit for each qualifying foster child who resides in the home of an eligible taxpayer for at least one calendar month during the taxable year. Defines "qualifying foster child" as a child in foster care who has not attained age 17, who is a citizen, national, or resident of the United States, and with respect to whom the child tax credit is not allowable. Requires the name and taxpayer identification number of a foster child to be included on the taxpayer's tax return. Directs the Secretary of Health and Human Services (HHS) to identify provisions in the Internal Revenue Code that can benefit foster families and increase outreach efforts to inform state and Indian tribal foster care agencies and foster families about such provisions.

Foster Care Tax Credit Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``China Policy Act of 1995''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The People's Republic of China comprises one-fifth of the world's population, or 1,200,000,000 people, and its policies have a profound effect on the world economy and global security. (2) The People's Republic of China is a permanent member of the United Nations Security Council and plays an important role in regional organizations such as the Asia-Pacific Economic Cooperation Forum and the ASEAN Regional Forum. (3) The People's Republic of China is a nuclear power with the largest standing army in the world, and has been rapidly modernizing and expanding its military capabilities. (4) The People's Republic of China is currently undergoing a change of leadership which will have dramatic implications for the political and economic future of the Chinese people and for China's relations with the United States. (5) China's estimated $600,000,000,000 economy has enjoyed unparalleled growth in recent years. (6) Despite increased economic linkages between the United States and China, bilateral relations have deteriorated significantly because of fundamental policy differences over a variety of important issues. (7) The People's Republic of China has violated international standards regarding the nonproliferation of weapons of mass destruction. (8) The Government of the People's Republic of China, a member of the United Nations Security Council, is obligated to respect and uphold the United Nations Charter and Universal Declaration of Human Rights. (9) According to the State Department Country Report on Human Rights Practices for 1994, there continue to be ``widespread and well-documented human rights abuses in China, in violation of internationally accepted norms...(including) arbitrary and lengthy incommunicado detention, torture, and mistreatment of prisoners.... The regime continued severe restrictions on freedom of speech, press, assembly and association, and tightened control on the exercise of these rights during 1994. Serious human rights abuses persisted in Tibet and other areas populated by ethnic minorities.''. (10) The Government of the People's Republic of China continues to detain political prisoners and continues to violate internationally recognized standards of human rights by arbitrary arrests and detention of persons for the nonviolent expression of their political and religious beliefs. (11) The Government of the People's Republic of China does not ensure the humane treatment of prisoners and does not allow humanitarian and human rights organizations access to prisons. (12) The Government of the People's Republic of China continues to harass and restrict the activities of accredited journalists and to restrict broadcasts by the Voice of America. (13) In the weeks leading to the 6th anniversary of the June 1989 massacre, a series of petitions were sent to the Chinese Government calling for greater tolerance, democracy, rule of law, and an accounting for the 1989 victims and the Chinese Government responded by detaining dozens of prominent intellectuals and activists. (14) The unjustified and arbitrary arrest, imprisonment, and initiation of criminal proceedings against Harry Wu, a citizen of the United States, has greatly exacerbated the deterioration in relations between the United States and the People's Republic of China, and all charges against him should be dismissed. (15) China has failed to release political prisoners with serious medical problems, such as Bao Tong, and on June 25, 1995, revoked ``medical parole'' for Chen-Ziming reimprisoning him at Beijing No. 2 Prison, and Chinese authorities continue to hold Wei Jingsheng incommunicado at an unknown location since his arrest on April 1, 1994. (16) The Government of the People's Republic of China continues to engage in discriminatory and unfair trade practices, including the exportation of products produced by prison labor, the use of import quotas and other quantitative restrictions on selected products, the unilateral increasing of tariff rates and the imposition of taxes as surcharges on tariffs, the barring of the importation of certain items, the use of licensing and testing requirements to limit imports, and the transshipment of textiles and other items through the falsification of country of origin documentation. (17) The Government of the People's Republic of China continues to employ the policy and practice of controlling all trade unions and continues to suppress and harass members of the independent labor union movement. (18) The United States-Hong Kong Policy Act of 1992 states that Congress wishes to see the provisions of the joint declaration implemented, and declares that ``the human rights of the people of Hong Kong are of great importance to the U.S. Human Rights also serve as a basis for Hong Kong's continued prosperity,''. This together with the rule of law and a free press are essential for a successful transition in 1997. (19) The United States currently has numerous sanctions on the People's Republic of China with respect to government-to- government assistance, arms sales, and other commercial transactions. (20) It is in the interest of the United States to foster China's continued engagement in the broadest range of international fora and increased respect for human rights, democratic institutions, and the rule of law in China. SEC. 3. UNITED STATES DIPLOMATIC INITIATIVES. (a) United States Objectives.--The Congress calls upon the President to undertake intensified diplomatic initiatives to persuade the Government of the People's Republic of China to-- (1) immediately and unconditionally release Harry Wu from detention; (2) adhere to prevailing international standards regarding the nonproliferation of weapons of mass destruction by, among other things, immediately halting the export of ballistic missile technology and the provision of other weapons of mass destruction assistance, in violation of international standards, to Iran, Pakistan, and other countries of concern; (3) respect the internationally-recognized human rights of its citizens by, among other things-- (A) permitting freedom of speech, freedom of press, freedom of assembly, freedom of association, and freedom of religion; (B) ending arbitrary detention, torture, forced labor, and other mistreatment of prisoners; (C) releasing all political prisoners, and dismantling the Chinese system of jailing political prisoners (the gulag) and the Chinese forced labor system (the Laogai); (D) ending coercive birth control practices; and (E) respecting the legitimate rights of the people of Tibet, ethnic minorities, and ending the crackdown on religious practices; (4) curtail excessive modernization and expansion of China's military capabilities, and adopt defense transparency measures that will reassure China's neighbors; (5) end provocative military actions in the South China Sea and elsewhere that threaten China's neighbors, and work with them to resolve disputes in a peaceful manner; (6) adhere to a rules-based international trade regime in which existing trade agreements are fully implemented and enforced, and equivalent and reciprocal market access is provided for United States goods and services in China; (7) comply with the prohibition on all forced labor exports to the United States; and (8) reduce tensions with Taiwan by means of dialogue and other confidence building measures. (b) Venues for Diplomatic Initiatives.--The diplomatic initiatives taken in accordance with subsection (a) should include actions by the United States-- (1) in the conduct of bilateral relations with China; (2) in the United Nations and other international organizations; (3) in the World Bank and other international financial institutions; (4) in the World Trade Organization and other international trade fora; and (5) in the conduct of bilateral relations with other countries in order to encourage them to support and join with the United States in taking the foregoing actions. SEC. 4. REPORTING REQUIREMENTS. The President shall report to the Congress within 30 days after the date of enactment of this Act, and no less frequently than every 6 months thereafter, on-- (1) the actions taken by the United States in accordance with section 3 during the preceding 6-month period; (2) the actions taken with respect to China during the preceding 6-month period by-- (A) the United Nations and other international organizations; (B) the World Bank and other international financial institutions; and (C) the World Trade Organization and other international trade fora; and (3) the progress achieved with respect to each of the United States objectives identified in section 3(a). Such reports may be submitted in classified and unclassified form. SEC. 5. COMMENDATION OF DEMOCRACY MOVEMENT. The Congress commends the brave men and women who have expressed their concerns to the Government of the People's Republic of China in the form of petitions and commends the democracy movement as a whole for its commitment to the promotion of political, economic, and religious freedom. SEC. 6. RADIO FREE ASIA. (a) Plan for Radio Free Asia.--Section 309(c) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6208(c)) is amended to read as follows: ``(c) Submission of Plan.--Not later than 30 days after the date of enactment of the China Policy Act of 1995, the Director of the United States Information Agency shall submit to the Congress a detailed plan for the establishment and operation of Radio Free Asia in accordance with this section. Such plan shall include the following: ``(1) A description of the manner in which Radio Free Asia would meet the funding limitations provided in subsection (d)(4). ``(2) A description of the numbers and qualifications of employees it proposes to hire. ``(3) How it proposes to meet the technical requirements for carrying out its responsibilities under this section.''. (b) Initiation of Broadcasting to China.--Not later than 90 days after the date of enactment of this Act, Radio Free Asia shall commence broadcasting to China. Such broadcasting may be undertaken initially by means of contracts with or grants to existing broadcasting organizations and facilities. Passed the House of Representatives July 20, 1995. Attest: ROBIN H. CARLE, Clerk.

China Policy Act of 1995 - Urges the President to undertake diplomatic initiatives to persuade China to: (1) immediately and unconditionally release Harry Wu from detention; (2) adhere to international standards regarding the nonproliferation of weapons of mass destruction by, among other things, halting the export of ballistic missile technology and the provision of other weapons of mass destruction assistance, in violation of international standards, to Iran, Pakistan, and other countries of concern; (3) respect the internationally-recognized human rights of its citizens; (4) curtail excessive modernization and expansion of its military capabilities, and adopt defense transparency measures that will reassure its neighbors; (5) end provocative military actions in the South China Sea and elsewhere that threaten China's neighbors, and work with them to resolve disputes peacefully; (6) adhere to a rules-based international trade regime in which existing trade agreements are fully implemented and enforced, and equivalent and reciprocal market access is provided for U.S. goods and services there; (7) comply with the prohibition on all forced labor exports to the United States; and (8) reduce tensions with Taiwan. Requires the President to report to the Congress on: (1) the actions taken and the progress achieved by the United States with respect to these objectives; and (2) the actions taken in light of them with respect to China by the United Nations and other international organizations, including the World Bank and the World Trade Organization. Commends: (1) the men and women who have expressed their concerns to the Government of the People's Republic of China in the form of petitions; and (2) the democracy movement as a whole for its commitment to the promotion of political, economic, and religious freedom. Amends the United States International Broadcasting Act of 1994 to require the Director of the USIA to submit to the Congress a plan for the establishment of Radio Free Asia to broadcast into China. Requires Radio Free Asia to commence broadcasting to China within 90 days after enactment of this Act.

China Policy Act of 1995

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Advantage and Prescription Drug Accountability Act of 2004''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Requirement for reasonable return of benefits. Sec. 3. Financial transparency. Sec. 4. Beneficiary sign-off. Sec. 5. Annual accountability reports. Sec. 6. Auditing of actuarial equivalency. Sec. 7. Report comparing costs and benefits under Medicare Advantage plans, medicare supplemental policies, and fee-for-service medicare. SEC. 2. REQUIREMENT FOR REASONABLE RETURN OF BENEFITS. (a) Medicare Advantage Plans.--Section 1857(e) of the Social Security Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end the following new paragraph: ``(4) Negotiation for loss and administrative cost ratios.-- ``(A) In general.--The contract with an MA organization under this part shall provide for the following: ``(i) Minimum loss ratio.--Aggregate average benefits that are at least a minimum ratio of the aggregate average revenues collected under the contract. ``(ii) Maximum administrative cost ratio.-- Aggregate average administrative costs that do not exceed a maximum ratio of the aggregate average revenues collected under the contract. ``(B) Establishment of ratios.--The ratios under clauses (i) and (ii) of subparagraph (A) shall be established by the Secretary. In establishing such ratios, the Secretary shall take into account, at a minimum, ratios typical of those-- ``(i) under private health insurance plans; ``(ii) under parts A and B of this title; and ``(iii) under health benefits plans offered under chapter 89 of title 5, United States Code (relating to the Federal Employees Health Benefits Program).''. (b) Audit of Administrative Costs and Compliance With the Federal Acquisition Regulation.--Section 1857(d)(2)(B) of such Act (42 U.S.C. 1395w-27(d)(2)(B)) is amended-- (1) by striking ``or (ii)'' and inserting ``(ii)''; and (2) by inserting before the period at the end the following: ``, or (iii) to compliance with the requirements of subsection (e)(4)(A) and the extent to which administrative costs comply with the applicable requirements for such costs under the Federal Acquisition Regulation''. (c) Application to Prescription Drug Plans.--The amendments made by subsections (a) and (b) apply, pursuant to section 1860D-12(b)(3) of the Social Security Act (42 U.S.C. 1395w-112(b)(3)), to contracts with prescription drug sponsors under part D of title XVIII of such Act. (d) Effective Date.--The amendments made by this section shall apply for contract years beginning after the date of the enactment of this Act. SEC. 3. FINANCIAL TRANSPARENCY. (a) Medicare Advantage Plans.--Section 1851(d) of the Social Security Act (42 U.S.C. 1395w-21(d)) is amended by adding at the end the following new paragraph: ``(8) Financial transparency.-- ``(A) In general.--Each MA organization shall provide annually to the Secretary (in a form and manner specified by the Secretary), with respect to each MA plan it offers and not later than 6 months after the end of each contract year, information describing the organization's compliance with the requirements of section 1857(e)(4) and a functional listing of the organization's administrative costs (by category of such costs, including, at a minimum, marketing costs and claims processing costs), profits, and investment income (as defined by the Secretary), as a ratio of aggregate average revenues collected under the contract for that year. ``(B) Publication.--The Secretary shall publish the information provided under subparagraph (A) for each MA plan.''. (b) Conforming Application to Prescription Drug Plans.--Section 1860D-11(b)(2) of the Social Security Act (42 U.S.C. 1395w-111(b)(2)) is amended by redesignating subparagraph (F) as subparagraph (G) and by inserting after subparagraph (E) the following new subparagraph: ``(F) Periodic auditing.--Information with respect to the prescription drug plan of the type described in section 1851(d)(8) with respect to an MA plan.''. (c) Effective Date.--The amendments made by this section shall apply to reporting of information for contract years to which the amendments made by section 2 apply. SEC. 4. BENEFICIARY SIGN-OFF. (a) Medicare Advantage Plans.--Section 1851(c)(2) of the Social Security Act (42 U.S.C. 1395w-21(c)(2)) is amended by adding at the end the following new subparagraph: ``(C) Beneficiary sign-off in election process.--An election to enroll with an MA plan shall not be effective unless the election form is signed by the individual and specifically acknowledges each of the following: ``(i) The premiums, cost-sharing requirements, and benefits under the plan may change at the beginning of each 12-month contract period. ``(ii) The individual may lose coverage of the individual's physician or other provider at the beginning of each such period. ``(iii) The plan may be terminated at the beginning of any such period. ``(iv) Premiums and benefits under the plan may vary based on the county or other MA area in which the plan is offered.''. (b) Application to Prescription Drug Plans.--The amendment made by subsection (a) applies, pursuant to section 1860D-1(b)(1)(B)(ii) of the Social Security Act (42 U.S.C. 1395w-101(b)(1)(B)(ii)), to prescription drug plans under part D of title XVIII of such Act. (c) Effective Date.--The amendment made by subsection (a) shall apply to elections made on or after the date specified by the Secretary of Health and Human Services, but in no case later than 60 days after the date of the enactment of this Act. SEC. 5. ANNUAL ACCOUNTABILITY REPORTS. (a) Medicare Advantage Accountability Report.--Section 1856 of the Social Security Act (42 U.S.C. 1395w-26) is amended-- (1) by amending the heading to read as follows: ``establishment of standards; annual accountability report''; and (2) by adding at the end the following new subsection: ``(c) Annual Accountability Report.-- ``(1) In general.--The Secretary shall compile, and transmit to Congress, at the end of each year (beginning with 2004), an annual Medicare Advantage accountability report. ``(2) Contents.--Each annual accountability report shall include the following: ``(A) A detailed analysis of geographic variation in cost-sharing and premiums among MA plans. ``(B) A comparison of the use of amounts paid to MA plans for benefit payments, administrative costs, and profits with the amounts expended under the fee-for- service programs under parts A and B for benefit payments and administrative expenses. ``(C) Recommendations for legislative changes to the Medicare Advantage program, or the fee-for-service programs under parts A and B, to assure that medicare beneficiaries under both programs have access to comparable benefits at comparable cost and that Government subsidies under the two programs are equivalent. ``(D) The results of audits conducted under section 1857(d) and enforcement actions taken in response to findings of inappropriate expenditures of funds under this part.''. (b) Prescription Drug Accountability Report.--Section 1860D-12 of such Act (42 U.S.C. 1395w-112) is amended by adding at the end the following new subsection: ``(h) Annual Accountability Report.-- ``(1) In general.--The Secretary shall compile, and transmit to Congress, at the end of each year (beginning with 2006), an annual prescription drug accountability report. ``(2) Contents.--Each annual accountability report shall include the same types of information (as specified by the Secretary) with respect to prescription drug plans as are provided under subparagraphs (A), (B), and (D) of section 1856(c)(2) with respect to MA plans.''. SEC. 6. AUDITING OF ACTUARIAL EQUIVALENCY. (a) Medicare Advantage Plans.--Section 1854(a)(5) of the Social Security Act (42 U.S.C. 1395w-24(a)(5)) is amended by adding at the end the following new subparagraph: ``(B) Periodic audits of actuarial equivalency determinations.--In the case of MA plans that provide for an actuarially equivalent level of benefits under this part, the Inspector General of the Department of Health and Human Services shall periodically audit a representative sample of the determinations made by the Secretary regarding such actuarial equivalency to ensure that the Secretary is only approving plans with benefits that are actuarially equivalent.''. (b) Application to Prescription Drug Plans.--Section 1860D-11(e) of the Social Security Act (42 U.S.C. 1395w-111(e)) is amended by adding at the end the following new paragraph: ``(3) Periodic auditing of actuarial equivalency determinations.--The provisions of section 1854(a)(5)(B) shall apply with respect to determinations of actuarial equivalence of benefits under prescription drug plans in the same manner as they apply to determinations of actuarial equivalence of benefits under MA plans.''. SEC. 7. REPORT COMPARING COSTS AND BENEFITS UNDER MEDICARE ADVANTAGE PLANS, MEDICARE SUPPLEMENTAL POLICIES, AND FEE-FOR- SERVICE MEDICARE. Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that compares the average benefit payments, administrative costs, profits, and investment income (expressed as a percentage of revenues collected) for MA plans with such average for the fee-for- service programs under parts A and B and for group and individual medicare supplemental policies.

Medicare Advantage and Prescription Drug Accountability Act of 2004 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to: (1) require the contract with a Medicare Advantage (MA) organization to provide for a minimum loss ratio and a maximum administrative cost ratio both to be established by the Secretary of Health and Human Services (HHS); and (2) provide for the audit of administrative costs and compliance with the Federal Acquisition Regulation. Applies all the requirements of this Act, with appropriate adaptations, to contracts with prescription drug sponsors and prescription drug plans under part D (Voluntary Prescription Drug Benefit Program) of SSA title XVIII. Amends part C of SSA title XVIII to require each MA organization to provide annually to the Secretary information on each MA plan it offers to establish financial transparency, including a functional listing of the organization's administrative costs, profits, and investment income. Provides that an election to enroll with an MA plan shall not be effective unless the election form is signed by the individual and specifically acknowledges: (1) that premiums, cost sharing requirements, and benefits under the plan may change at the beginning of each 12-month contract period; (2) the individual may lose coverage of the individual's physician or other provider at the beginning of each such period; (3) the plan may be terminated at the beginning of any such period; and (4) premiums and benefits under the plan may vary based on the county or other MA area in which the plan is offered. Directs the Secretary to transmit to Congress annual Medicare Advantage accountability and prescription drug reports that include, among other things, a detailed analysis of geographic variation in cost-sharing and premiums. Requires the HHS Inspector General to audit periodically a representative sample of determinations made by the Secretary regarding MA plans that provide for an actuarially equivalent level of benefits to ensure that the Secretary is only approving plans with benefits that are actuarially equivalent. Directs the Secretary to report to Congress a comparison of the average benefit payments, administrative costs, profits, and investment income for MA plans with corresponding aspects of the fee-for-service programs under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance) and for group and individual Medicare supplemental policies.

To amend title XVIII of the Social Security Act to provide for improved accountability in the Medicare Advantage and prescription drug programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Christopher Reeve Paralysis Act''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--PARALYSIS RESEARCH Sec. 101. Expansion and coordination of activities of National Institutes of Health with respect to research on paralysis. TITLE II-- PARALYSIS REHABILITATION RESEARCH AND CARE Sec. 201. Expansion and coordination of activities of National Institutes of Health with respect to research with implications for enhancing daily function for persons with paralysis. TITLE III--IMPROVING QUALITY OF LIFE FOR PERSONS WITH PARALYSIS AND OTHER PHYSICAL DISABILITIES Sec. 301. Programs to improve quality of life for persons with paralysis and other physical disabilities. TITLE IV--COORDINATION OF PARALYSIS RESEARCH AND PROGRAMS Sec. 401. Coordination. TITLE I--PARALYSIS RESEARCH SEC. 101. EXPANSION AND COORDINATION OF ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON PARALYSIS. (a) In General.-- (1) Enhanced coordination of activities.--The Director of the National Institutes of Health (in this section referred to as the ``Director'') may expand and coordinate the activities of such Institutes with respect to research on paralysis. (2) Administration of program; collaboration among agencies.--The Director shall carry out this section acting through the Director of the National Institute of Neurological Disorders and Stroke (in this section referred to as the ``Institute'') and in collaboration with any other agencies that the Director determines appropriate. (b) Coordination.-- (1) In general.--The Director may develop mechanisms to coordinate the paralysis research and rehabilitation activities of the agencies of the National Institutes of Health in order to further advance such activities and avoid duplication of activities. (2) Report.--Not later than December 1, 2003, the Director shall prepare a report to Congress that provides a description of the paralysis activities of the Institute and strategies for future activities. (c) Christopher Reeve Paralysis Research Consortia.-- (1) In general.--The Director may under subsection (a)(1) make awards of grants to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for consortia in paralysis research. The Director shall designate each consortium funded under grants as a Christopher Reeve Paralysis Research Consortium. (2) Research.--Each consortium under paragraph (1)-- (A) may conduct basic and clinical paralysis research; (B) may focus on advancing treatments and developing therapies in paralysis research; (C) may focus on one or more forms of paralysis that result from central nervous system trauma or stroke; (D) may facilitate and enhance the dissemination of clinical and scientific findings; and (E ) may replicate the findings of consortia members for scientific and translational purposes. (3) Coordination of consortia; reports.--The Director may, as appropriate, provide for the coordination of information among consortia under paragraph (1) and ensure regular communication between members of the consortia, and may require the periodic preparation of reports on the activities of the consortia and the submission of the reports to the Director. (4) Organization of consortia.--Each consortium under paragraph (1) may use the facilities of a single lead institution, or be formed from several cooperating institutions, meeting such requirements as may be prescribed by the Director. (d) Public Input.--The Director may under subsection (a)(1) provide for a mechanism to educate and disseminate information on the existing and planned programs and research activities of the National Institutes of Health with respect to paralysis and through which the Director can receive comments from the public regarding such programs and activities. (e) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2006. Amounts appropriated under this subsection are in addition to any other amounts appropriated for such purpose. TITLE II-- PARALYSIS REHABILITATION RESEARCH AND CARE SEC. 201. EXPANSION AND COORDINATION OF ACTIVITIES OF NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH WITH IMPLICATIONS FOR ENHANCING DAILY FUNCTION FOR PERSONS WITH PARALYSIS. (a) In General.-- (1) Expansion of activities.--The Director of the National Institutes of Health (in this section referred to as the ``Director'') may expand and coordinate the activities of such Institutes with respect to research with implications for enhancing daily function for people with paralysis . (2) Administration of program; collaboration among agencies.--The Director shall carry out this section acting through the Director of the National Institute on Child Health and Human Development and the National Center for Medical Rehabilitation Research and in collaboration with the National Institute on Neurological Disorders and Stroke, the Centers for Disease Control and Prevention, and any other agencies that the Director determines appropriate. (b) Paralysis Clinical Trials Networks.-- (1) In general.--The Director may make awards of grants to public or nonprofit private entities to pay all or part of the costs of planning, establishing, improving, and providing basic operating support to multicenter networks of clinical sites that will collaborate to design clinical rehabilitation intervention protocols and measures of outcomes on one or more forms of paralysis that result from central nervous system trauma, disorders, or stroke, or any combination of such conditions. (2) Research.--Each multicenter clinical trial network may-- (A) focus on areas of key scientific concern, including-- (i) improving functional mobility; (ii) promoting behavioral adaptation to functional losses, especially to prevent secondary complications; (iii) assessing the efficacy and outcomes of medical rehabilitation therapies and practices and assistive technologies; (iv) developing improved assistive technology to improve function and independence; and (v) understanding whole body system responses to physical impairments, disabilities, and societal and functional limitations; and (B) replicate the findings of network members for scientific and translation purposes. (3) Coordination of clinical trials networks.--The Director may, as appropriate, provide for the coordination of information among networks and ensure regular communication between members of the networks and may require the periodic preparation of reports on the activities of the networks and submission of reports to the Director. (c) Report.--Not later than December 1, 2003, the Director shall submit to the Congress a report that provides a description of research activities with implications for enhancing daily function for persons with paralysis. (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2006. Amounts appropriated under this subsection are in addition to any other amounts appropriated for such purpose. TITLE III--IMPROVING QUALITY OF LIFE FOR PERSONS WITH PARALYSIS AND OTHER PHYSICAL DISABILITIES SEC. 301. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR PERSONS WITH PARALYSIS AND OTHER PHYSICAL DISABILITIES. (a) In General.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, may study the unique health challenges associated with paralysis and other physical disabilities and carry out projects and interventions to improve the quality of life and long-term health status of persons with paralysis and other physical disabilities. The Secretary may carry out such projects directly and through awards of grants or contracts. (b) Certain Activities.--Activities under subsection (a) include-- (1) the development of a national paralysis and physical disability quality of life action plan, to promote full participation, independent living, self-sufficiency and equality of opportunity in partnership with voluntary health agencies focused on paralysis and other physical disabilities, to be carried out in coordination with the State-based Comprehensive Paralysis and Other Physical Disability Quality of Life Program of the Centers for Disease Control and Prevention; (2) support for programs to disseminate information involving care and rehabilitation options and quality of life grant programs supportive of community based programs and support systems for persons with paralysis and other physical disabilities; (3) in collaboration with other centers and national voluntary health agencies, establish a hospital-based paralysis registry and conduct relevant population-based research; and (4) the development of a Comprehensive Paralysis and Other Physical Disability Quality of Life Program to develop State- based, unique and innovative programs, services and demonstrations designed to support and advance quality of life programs for persons living with paralysis and other physical disabilities focusing on-- (A) caregiver education; (B) physical activity; (C) prevention of secondary complications; (D) home and community-based interventions; (E) education and awareness programs for health care providers; (F) coordinating services and removing barriers that prevent full participation and integration into the community; and (G) recognizing the unique needs of underserved populations. (c) Grants.--The Secretary may award grants to nonprofit private health and disability organizations for the purpose of-- (1) coordinating existing services with State-based paralysis and physical disability programs; (2) disseminating information to the public; (3) improving access to services for persons living with paralysis and other physical disabilities and their caregivers; and (4) testing model intervention programs to improve health and quality of life. (d) Coordination of Activities.--The Secretary shall assure that activities under this section are coordinated as appropriate with other agencies of the Public Health Service. (e) Report to Congress.-- Not later than December 1, 2003, the Secretary shall submit to the Congress a report describing the results of the evaluation under subsection (a), and as applicable, the strategies developed under such subsection. (f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2006. TITLE IV--COORDINATION OF PARALYSIS RESEARCH AND PROGRAMS SEC. 401. COORDINATION. (a) Establishment of Working Group.--The Secretary may convene a working group for the purpose of coordinating paralysis research, public health, and rehabilitation training at the Federal level. (b) Composition.--The working group may include representatives of-- (1) the National Institutes of Health; (2) the Centers for Disease Control and Prevention; (3) the Health Resources and Services Administration; (4) the Agency for Healthcare Research and Quality; (5) the Centers for Medicare & Medicaid Services; (6) the Department of Veterans Affairs; (7) the Department of Education; (8) the Rehabilitation Services Administration; (9) the National Aeronautics and Space Administration; (10) the National Institute on Standards and Technology (Department of Commerce); (11) the Department of Defense; (12) the Department of Labor; (13) the National Institute on Disability and Rehabilitation Research; (14) the Social Security Administration; and (15) private entities determined appropriate by the Secretary. (c) Dissemination.--The working group may annually prepare and submit to the Secretary a report concerning the status of successful and emerging opportunities in Federal paralysis research, education and training, quality of life, or surveillance efforts. (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2006.

Christopher Reeve Paralysis Act - Permits the Director of the National Institutes of Health (the "Director" of NIH), acting through the Director of the National Institute of Neurological Disorders and Stroke, to expand and coordinate the activities of NIH with respect to research on paralysis. Allows the Director to award grants to public or nonprofit entities to fund Christopher Reeve Paralysis Research Consortia for paralysis research. Permits the Director to solicit public input regarding paralysis research programs.Allows the Director, acting through the Director of the National Institute on Child Health and Human Development and the National Center for Rehabilitation Research and in collaboration with other agencies, to expand and coordinate the activities of NIH with respect to research with implications for enhancing daily function for persons with paralysis. Permits the Director to make grants to multicenter networks of clinical sites that will collaborate on rehabilitation intervention protocols.Permits the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to study the unique health challenges associated with paralysis and other physical disabilities to improve the quality of life and long-term health status of individuals with such conditions. Allows the Secretary to undertake direct research and to make grants. Provides for the formation of a national paralysis and physical disability quality of life plan, a hospital-based paralysis registry, and a Comprehensive Paralysis and Other Physical Disability Quality of Life Program.Allows the Secretary to convene a working group for coordinating paralysis research, public health, and rehabilitation training at the Federal level.

To enhance and further research into paralysis and to improve rehabilitation and the quality of life for persons living with paralysis and other physical disabilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Liver Research Enhancement Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) An estimated 25,000,000 people in the United States are affected by a liver or liver-related disease. (2) In excess of $5,500,000,000 is spent annually to provide medical care for people in the United States with liver disease. (3) There are over 4,000,000 people in the United States who are or have been infected with hepatitis C, 2,700,000 of whom are chronically infected. (4) Due to limited research, current treatments for hepatitis C are effective in fewer than 50 percent of the cases. (5) A vaccine has not been developed for hepatitis C. (6) There are 8,000 to 10,000 deaths each year due to hepatitis C, and the annual death total is projected to increase to 30,000 each year absent increased public health and research interventions. (7) Chronic infection with hepatitis B or C is associated with an increased incidence of primary liver cancer, once a rare malignancy in the United States. (8) There are 1,250,000 people in the United States who have been infected with hepatitis B. (9) Up to 15 percent of Asian and Pacific-Islander Americans are chronically infected with hepatitis B. (10) Fifteen out of every 100,000 people in the United States are affected by a chronic, life-threatening disease known as primary biliary cirrhosis (PBC), and 95 percent of those affected are women. (11) There is an emerging obesity-related chronic liver disease, nonalcoholic fatty liver disease (NAFLD), which may affect as many as 1 in every 4 adults over the age of 18. (12) There are 15,000 children hospitalized in the United States each year due to liver disease. (13) The only option for many individuals with liver disease is a liver transplant. (14) There are over 17,500 people in the United States on the waiting list for a liver transplant, but because of the limited supply of livers available for transplantation only approximately 5,100 transplants are performed each year. (15) There are 1,300 people in the United States who die each year waiting for a liver transplant, and that number is expected to increase. (16) To address the public health threat posed by liver disease, there is a need for the establishment of a National Center on Liver Disease Research to provide dedicated scientific leadership, to create a research action plan, and to ensure the funding of the scientific opportunities identified by the plan. SEC. 3. NATIONAL CENTER ON LIVER DISEASE RESEARCH. Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c, et seq.) is amended by adding at the end the following: ``national center on liver disease research ``Sec. 434B. (a) Establishment.--There is established the National Center on Liver Disease Research (hereafter in this section referred to as the `Center') in the National Institute of Diabetes and Digestive and Kidney Diseases. ``(b) Director.--The Center shall be headed by a Director, who shall be appointed by the Director of the Institute, in consultation with the Director of NIH, from among individuals with the highest scientific credentials. The Director of the Center shall report directly to the Director of the Institute. ``(c) Duties.--To ensure the development of increased understanding of and better treatments and cures for liver diseases through a dedicated scientific leadership and an adequate allocation of resources, the Director shall-- ``(1) assist the Liver Disease Research Advisory Board to develop the Liver Disease Research Action Plan; and ``(2) encourage and coordinate the implementation of the Plan by the national research institutes, including by issuing research solicitations and by using all other available mechanisms. ``(d) Liver Disease Research Advisory Board.-- ``(1) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Director of NIH shall establish a board to be known as the Liver Disease Research Advisory Board (hereafter in this section referred to as the ``Advisory Board''). ``(2) Duties.--The Advisory Board shall advise and assist the Director of the Center concerning matters relating to liver disease research, including by developing and revising the Liver Disease Research Action Plan in accordance with subsection (e). ``(3) Voting members.--The Advisory Board shall be composed of 18 voting members appointed by the Director of NIH, in consultation with the Director of the Institute, of whom 12 shall be eminent scientists and 6 shall be lay persons. The Director of NIH, in consultation with the Director of the Institute, shall select 1 of the members to serve as the Chair of the Advisory Board. ``(4) Ex officio members.--The Director of NIH shall appoint each director of a national research institute that funds liver disease research to serve as a nonvoting, ex officio member of the Advisory Board. The Director of NIH shall invite 1 representative of the Centers for Disease Prevention and Control, 1 representative of the Food and Drug Administration, and 1 representative of the Department of Veterans Affairs to serve as such a member. Each ex officio member of the Advisory Board may appoint an individual to serve as that member's representative on the Advisory Board. ``(e) Liver Disease Research Action Plan.-- ``(1) Development.--Not later than 15 months after the date of the enactment of this Act, the Advisory Board shall develop (with appropriate support from the Director and staff of the Center) a comprehensive plan for the conduct and support of liver disease research to be known as the Liver Disease Research Action Plan. The Advisory Board shall submit the Plan to the Director of NIH and the head of each institute or center within the National Institutes of Health that funds liver disease research. ``(2) Content.--The Liver Disease Research Action Plan shall identify scientific opportunities and priorities of liver disease research necessary to increase understanding of and to prevent, cure, and develop better treatment protocols for liver diseases. ``(3) Revision.--The Advisory Board shall revise every 3 years the Liver Disease Research Action Plan, but shall meet annually to review progress and to amend the Plan as may be appropriate because of new scientific discoveries. ``(f) Allocation of Funds.--Subject to the availability of appropriations, the Director of each institute or center within the National Institutes of Health shall allocate to liver disease research through peer-reviewed methods, the amounts necessary to fund existing scientific research opportunities and, subject to completion and subsequent updates of the Liver Disease Research Action Plan, amounts adequate to carry out the recommendations of the Plan.''.

Liver Research Enhancement Act - Amends the Public Health Service Act to establish the National Center on Liver Disease Research in the National Institute of Diabetes and Digestive and Kidney Diseases.Establishes the Liver Disease Research Advisory Board to help the Director of the Center develop the Liver Disease Research Action Plan identifying scientific opportunities and priorities of liver disease research. Requires the Director to coordinate the Plan's implementation by the national research institutes, which shall allocate adequate funds for same.

To establish the National Center on Liver Disease Research, and for other purposes.

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

Telework Tax Incentive Act - Amends the Internal Revenue Code to allow an employer or an employee a tax credit, up to $1,000 per year, for teleworking expenses incurred by or on behalf of a teleworking employee under an arrangement whereby such employee teleworks not less than 75 days per year. Defines "telework" as performing work functions, using electronic information and communication technologies, thereby reducing or eliminating the physical commute to and from the traditional worksite.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Jobs First Act of 2011''. SEC. 2. EXTENSION AND MODIFICATION OF DIVIDENDS RECEIVED DEDUCTION FOR CERTAIN REPATRIATED FOREIGN EARNINGS. (a) In General.--Section 965 of such Code is amended by adding at the end the following new subsection: ``(g) Temporary Extension and Modification.-- ``(1) In general.--In the case of an election under this subsection, subsection (f)(1) shall be applied by substituting `the date of the enactment of subsection (g)' for `the date of the enactment of this section'. ``(2) Percentage deductible.-- ``(A) In general.--In the case of an election under this subsection, subsection (a)(1) shall be applied by substituting `the applicable percentage' for `85 percent'. ``(B) Applicable percentage.--For purposes of this section, the applicable percentage is 29 percent, increased by the number of percentage points determined with respect to the taxpayer under subparagraph (C). ``(C) Increased deduction for payroll expansion.-- ``(i) In general.--For purposes of subparagraph (B), the number of percentage points determined with respect to a taxpayer under this subparagraph shall be-- ``(I) so much of the percentage increase, if any, in the taxpayer's qualified payroll for all quarters ending during the taxable year as compared to the qualified payroll for the same quarters during the taxpayer's taxable year ending during 2010 as does not exceed 14 percent, multiplied by ``(II) 4. ``(ii) Qualified payroll.--For purposes of this subparagraph, the term `qualified payroll' means the amount of all wages (within the meaning of section 3121(a)) paid or incurred by the taxpayer to the employees of such taxpayer, except that, with respect to each such employee, such wages shall be taken into account only to the extent that such wages do not exceed the contribution and benefit base as determined under section 230 of the Social Security Act. ``(iii) Railway labor.--In the case of remuneration subject to the tax imposed by section 3221(a), clause (ii) shall be applied by substituting `all compensation (within the meaning of section 3231(e))' for `all wages (within the meaning of section 3121(a))'. ``(iv) Special rule for converted employees.--For purposes of this subparagraph-- ``(I) In general.--The wages of any specified individual shall not be taken into account. ``(II) Specified individual.-- Except as provided by the Secretary, the term `specified individual' means any individual who, during the 2-year period ending on the date of the enactment of this subsection, performed services directly or indirectly for the taxpayer and was treated for purposes of employment taxes as not an employee with respect to the performance of such services. ``(3) Special rules.-- ``(A) Recapture in case of payroll decrease during recapture period.--The Secretary shall, by regulations, provide for recapturing any portion of the benefit under any deduction allowable by this subsection, and attributable to paragraph (2)(C), to the extent-- ``(i) the taxpayer's qualified payroll for all quarters ending during the taxable year for which the such deduction was allowed, exceeds ``(ii) the taxpayer's qualified payroll for all quarters ending during either of the 2 taxable years following the taxable year with respect to which such deduction was allowed. ``(B) Controlled groups.--All employers treated as a single employer under section (a) or (b) of section 52 shall be treated as a single employer for purposes of this subsection.''. (b) Conforming Amendment.-- (1) Subsection (b) of section 965 of such Code is amended by striking paragraph (4). (2) Section 965 of such Code is amended by striking ``June 30, 2003'' each place it occurs and inserting ``June 30, 2010''. (3) Subparagraph (B) of section 965(b)(3) of such Code is amended by striking ``October 3, 2004'' and inserting ``October 1, 2011''. (c) Effective Date.--The amendment made by this section shall apply to taxable years ending on or after the date of the enactment of this Act

American Jobs First Act of 2011 - Amends the Internal Revenue Code to extend the election to deduct dividends received by a domestic corporation from a controlled foreign corporation.  Increases the amount of such deduction by increases in the payroll of the domestic corporation over the previous taxable year.  Requires the Secretary of the Treasury to provide, by regulations, for a recapture of any portion of the increased tax deduction allowed to a domestic corporation if such corporation's payroll decreases during either of the two taxable years following the taxable year in which the increased deduction was allowed.

To amend the Internal Revenue Code of 1986 to allow temporarily a reduced rate of tax with respect to repatriated foreign earnings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Discriminatory State Taxes for Automobile Renters Act of 2015''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Congress has prohibited economic protectionism by State and local governments that unduly burden or discriminate against interstate commerce and transportation under the authority granted by the Commerce Clause of the Constitution by enacting laws such as the Railroad Revitalization and Regulatory Reform Act of 1976, the Motor Carrier Act of 1980, the Bus Regulatory Reform Act of 1982, and the Airport and Airway Improvement Act of 1982. (2) In Gibbons v. Ogden, (22 U.S. 1 (1824)), a case challenging the exclusive right of navigating the waters of New York granted by that State, the Supreme Court affirmed that it is the sole right of Congress to regulate commerce between the States under what Chief Justice John Marshall recognized as the dormant Commerce Clause. (3) Since 1990, over 100 discriminatory taxes have been imposed by State and local governments on motor vehicle rentals in violation of the dormant Commerce Clause. (b) Purpose.--The purpose of this Act is to prohibit prospectively, and provide a remedy for, tax discrimination by a State or Locality against the rental of motor vehicles. SEC. 3. PROHIBITION ON DISCRIMINATION. (a) In General.--Chapter 805 of title 49, United States Code, is amended by adding at the end the following new section: ``SEC. 80505. TAX DISCRIMINATION AGAINST MOTOR VEHICLE RENTAL PROPERTY. ``(a) Definitions.--In this section: ``(1) Assessment and assessment jurisdiction.-- ``(A) Assessment.--The term `assessment' has the meaning given that term in section 11501(a)(1). ``(B) Assessment jurisdiction.--The term `assessment jurisdiction' has the meaning given that term in section 11501(a)(2). ``(2) Commercial and industrial property.--The term `commercial and industrial property' means property, other than motor vehicle rental property and land used primarily for agricultural purposes or timber growing, which is devoted to a commercial or industrial use. ``(3) Commercial and industrial taxpayers.--The term `other commercial and industrial taxpayers' means persons or entities who are engaged in a trade or business, other than the trade or business of renting motor vehicles, within a State or Locality. ``(4) Covered person.--The term `covered person' means a person who-- ``(A) rents motor vehicles to another person; ``(B) is engaged in the business of renting motor vehicles; ``(C) owns motor vehicle rental property; ``(D) rents a motor vehicle from another person; or ``(E) purchases motor vehicle rental property. ``(5) Discriminatory tax.--The term `discriminatory tax' includes the following: ``(A) A tax discriminates against the rental of motor vehicles if a State or Locality imposes the tax on, or with respect to-- ``(i) the rental of motor vehicles but the tax is not a generally applicable tax on, or with respect to, more than 51 percent of the rentals of other tangible personal property within the State or Locality; or ``(ii) the rental of motor vehicles at a tax rate that exceeds the generally applicable tax rate on at least 51 percent of the rentals of other tangible personal property within the same State or Locality. ``(B) A tax discriminates against the business of renting motor vehicles if a State or Locality imposes the tax on, or with respect to-- ``(i) the business of renting motor vehicles but the tax is not a generally applicable tax on, or with respect to, more than 51 percent of the businesses of other commercial and industrial taxpayers within the State or Locality, on the same tax base as the State or Locality employs with respect to the business of renting motor vehicles; or ``(ii) the business of renting motor vehicles at a tax rate that exceeds the generally applicable tax rate on at least 51 percent of the business of commercial and industrial taxpayers within the State or Local jurisdiction. ``(C) A tax discriminates against motor vehicle rental property if a State or Locality-- ``(i) assesses motor vehicle rental property at a value that has a higher ratio to the true market value of the property than the ratio of the assessed value to the true market value applicable to commercial and industrial property in the same assessment jurisdiction; ``(ii) levies or collects a tax on an assessment that may not be made under clause (i); or ``(iii) levies or collects an ad valorem property tax on motor vehicle rental property at a generally applicable tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. ``(6) Local or locality.--The terms `Local' and `Locality' mean a political subdivision of any State, or any governmental entity or person acting on behalf of such Locality, with the authority to impose, levy, or collect taxes. ``(7) Motor vehicle.--The term `motor vehicle' has the meaning given that term in section 13102(16). ``(8) Motor vehicle rental property.--The term `motor vehicle rental property' means property owned or used by a person engaged in the business of renting motor vehicles and used to provide rentals of motor vehicles. ``(9) Rental of motor vehicles.--The term `rental of motor vehicles' means the rental of a motor vehicle that is given by the owner of the motor vehicle for exclusive use to another for not longer than 180 days for valuable consideration and only includes the rental of motor vehicles with a prearranged driver or motor vehicles without a driver, but shall not include taxi cab service as defined by section 13102(22). ``(10) Rentals of other tangible personal property.--The term `rentals of other tangible personal property' means any rental of tangible personal property, other than the rental of motor vehicles. ``(11) State.--The term `State' means any of the several States, the District of Columbia, or any territory or possession of the United States, or any governmental entity or person acting on behalf of such State, and with the authority to impose, levy, or collect taxes. ``(12) Tax.--Except as otherwise specifically provided below, the term `tax' means any type of charge required by statute, regulation, or agreement to be paid or furnished to a State or Locality, regardless of whether such charge is denominated as a tax, a fee, or any other type of exaction. The term `tax' does not include any charge imposed by a State or Locality with respect to a concession agreement at a Federally assisted airport (provided the agreement does not violate the revenue diversion provisions of section 47107(b), or the registration, licensing, or inspection of motor vehicles), if the charge is imposed generally with respect to motor vehicles, without regard to whether such vehicles are used in the business of renting motor vehicles within the State or Locality. ``(13) Tax base.--The term `tax base' means the receipts, income, value, weight, or other measure of a tax to which the rate is applied. The `tax base' of a tax imposed on a per unit basis is the unit. ``(14) Generally applicable tax.--The term `generally applicable tax' may be determined by-- ``(A) the gross receipts of rentals of other tangible personal property or other commercial and industrial taxpayers within the State or Locality to which the tax is imposed by the State or Locality compared to the gross receipts of rentals of other tangible personal property or other commercial and industrial taxpayers within the State or Locality; or ``(B) another method used to determine whether more than 51 percent of rentals of other tangible personal property or other commercial and industrial taxpayers is subject to the tax. ``(b) Unreasonable Burdens and Discrimination Against Interstate Commerce.-- ``(1) In general.--The following acts unreasonably burden and discriminate against interstate commerce, and a State or Locality may not do any of them: ``(A) Levy or collect a discriminatory tax on the rental of motor vehicles. ``(B) Levy or collect a discriminatory tax on the business of renting motor vehicles. ``(C) Levy or collect a discriminatory tax on motor vehicle rental property. ``(2) Exclusion.--Discriminatory taxes are not prohibited under this section if the tax is imposed as of the date of the enactment of this section, does not lapse, the tax rate does not increase, and the tax base for such tax does not change. ``(c) Remedies.-- ``(1) In general.--Notwithstanding section 1341 of title 28, a covered person aggrieved of a violation of subsection (b) may bring a civil action in a district court of the United States seeking damages, injunctive relief, other legal or equitable relief, or declaratory relief. ``(2) Relief.--In granting relief against a tax levied or collected in violation of subsection (b), if the tax is a discriminatory tax the court shall strike only the discriminatory or excessive portion of the tax. ``(3) Burden of proof.-- ``(A) In general.--Except as provided in subparagraph (B), a covered person shall have the burden of proving, by a preponderance of the evidence, that the levying or collecting of a tax violates subsection (b). ``(B) Equivalent of other taxes.--If the court determines that the levying or collecting of a tax violates subsection (b), the State or Locality shall have the burden of proving, by a preponderance of the evidence, that the tax is the equivalent of a tax imposed on other commercial and industrial taxpayers under paragraph (2). ``(4) Other remedies.--Nothing in this subsection shall limit any cause of action or remedy available under any other provision of Federal or State law. ``(d) Limitations.--This section shall not be construed to constitute the consent of Congress to State or Local taxation that would be prohibited in the absence of this section.''. (b) Clerical Amendment.--The table of sections for chapter 805 of title 49, United States Code, is amended by inserting after the item relating to section 80504 the following: ``80505. Rules relating to State taxation with respect to automobile rentals.''.

End Discriminatory State Taxes for Automobile Renters Act of 2015 This bill prohibits a state or local government from levying or collecting a discriminatory tax on the rental of motor vehicles, the business of renting motor vehicles, or motor vehicle rental property. A tax is discriminatory if it is not a generally applicable tax and is only applicable to the rental of motor vehicles, a motor vehicle business, or motor vehicle rental property, but not to the majority of other rentals of tangible personal property within a state or locality. This prohibition does not apply to an already existing tax if such tax does not lapse, the tax rate does not increase, and the tax base for such tax does not change.

End Discriminatory State Taxes for Automobile Renters Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfield Redevelopment Assistance Act of 2005''. SEC. 2. PURPOSES. Consistent with section 2 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121), the purposes of this Act are-- (1) to provide targeted assistance, including planning assistance, for projects that promote-- (A) the redevelopment, restoration, and economic recovery of brownfield sites; and (B) eco-industrial development; and (2) through such assistance, to further the goals of restoring the employment and tax bases of, and bringing new income and private investment to, distressed communities that have not participated fully in the economic growth of the United States because of a lack of an adequate private sector tax base to support essential public services and facilities. SEC. 3. DEFINITIONS. Section 3 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3122) is amended-- (1) by redesignating paragraphs (1), (2), and (3) through (12) as paragraphs (2), (3), and (5) through (14), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: ``(1) Brownfield site.--The term `brownfield site' means a brownfield site (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)) with respect to which an entity has received, or is eligible to receive, funding under section 104(k) of that Act (42 U.S.C. 9604(k)) for site characterization, assessment, or remediation.''; (3) by inserting after paragraph (3) (as redesignated by paragraph (1)) the following: ``(4) Eco-industrial development.--The term `eco-industrial development' means development conducted in a manner in which businesses cooperate with each other and the local community to efficiently share resources (such as information, materials, water, energy infrastructure, and natural habitat) with the goals of-- ``(A) economic gains; ``(B) improved environmental quality; and ``(C) equitable enhancement of human resources in businesses and local communities.''; and (4) by adding at the end the following: ``(15) Unused land.--The term `unused land' means any publicly-owned or privately-owned unused, underused, or abandoned land that is not contributing to the quality of life or economic well-being of the community in which the land is located.''. SEC. 4. COORDINATION. Section 103 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3132) is amended by adding at the end the following: ``(c) Brownfield Site Redevelopment.--The Secretary shall coordinate activities relating to the redevelopment of brownfield sites and the promotion of eco-industrial development under this Act with other Federal agencies, States, local governments, consortia of local governments, Indian tribes, nonprofit organizations, and public-private partnerships.''. SEC. 5. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT. (a) In General.--Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding at the end the following: ``SEC. 219. GRANTS FOR BROWNFIELD SITE REDEVELOPMENT. ``(a) In General.--On the application of an eligible recipient, the Secretary may make grants for projects to alleviate or prevent conditions of excessive unemployment, underemployment, blight, and infrastructure deterioration associated with brownfield sites, including projects consisting of-- ``(1) the development of public facilities; ``(2) the development of public services; ``(3) business development (including funding of a revolving loan fund); ``(4) planning; ``(5) technical assistance; ``(6) training; and ``(7) the purchase of environmental insurance with respect to an activity described in any of paragraphs (1) through (3). ``(b) Criteria for Grants.--The Secretary may provide a grant for a project under this section only if-- ``(1) the Secretary determines that the project will assist the area where the project is or will be located to meet, directly or indirectly, a special need arising from-- ``(A) a high level of unemployment or underemployment, or a high proportion of low-income households; ``(B) the existence of blight and infrastructure deterioration; ``(C) dislocations resulting from commercial or industrial restructuring; ``(D) outmigration and population loss, as indicated by-- ``(i)(I) depletion of human capital (including young, skilled, or educated populations); ``(II) depletion of financial capital (including firms and investment); or ``(III) a shrinking tax base; and ``(ii) resulting-- ``(I) fiscal pressure; ``(II) restricted access to markets; and ``(III) constrained local development potential; or ``(E) the closure or realignment of-- ``(i) a military or Department of Energy installation; or ``(ii) any other Federal facility; and ``(2) except in the case of a project consisting of planning or technical assistance-- ``(A) the Secretary has approved a comprehensive economic development strategy for the area where the project is or will be located; and ``(B) the project is consistent with the comprehensive economic development strategy. ``(c) Particular Community Assistance.--Assistance under this section may include assistance provided for activities identified by a community, the economy of which is injured by the existence of 1 or more brownfield sites, to assist the community in-- ``(1) revitalizing affected areas by-- ``(A) diversifying the economy of the community; or ``(B) carrying out industrial or commercial (including mixed use) redevelopment, or eco-industrial development, projects on brownfield sites; ``(2) carrying out development that conserves land by-- ``(A) reusing existing facilities and infrastructure; ``(B) reclaiming unused land and abandoned buildings; or ``(C) promoting eco-industrial development, and environmentally responsible development, of brownfield sites; or ``(3) carrying out a collaborative economic development planning process, developed with broad-based and diverse community participation, that addresses the economic repercussions and opportunities posed by the existence of brownfield sites in an area. ``(d) Direct Expenditure or Redistribution by Eligible Recipient.-- ``(1) In general.--Subject to paragraph (2), an eligible recipient of a grant under this section may directly expend the grant funds or may redistribute the funds to public and private entities in the form of a grant, loan, loan guarantee, payment to reduce interest on a loan guarantee, or other appropriate assistance. ``(2) Limitation.--Under paragraph (1), an eligible recipient may not provide any grant to a private for-profit entity.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. prec. 3121) is amended by adding at the end of the items relating to title II the following: ``Sec. 219. Grants for Brownfield site redevelopment.''. (c) Conforming Repeal of Obsolete Report.--Section 611 of such Act, and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Title VII of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3231 et seq.) is amended by adding at the end the following: ``SEC. 705. AUTHORIZATION OF APPROPRIATIONS FOR BROWNFIELD SITE REDEVELOPMENT. ``(a) In General.--In addition to amounts made available under section 701, there is authorized to be appropriated to carry out section 219 $60,000,000 for each of fiscal years 2006 through 2010, to remain available until expended. ``(b) Federal Share.--Notwithstanding section 204, subject to section 205, the Federal share of the cost of activities funded with amounts made available under subsection (a) shall be not more than 75 percent.''. (b) Conforming Amendment.--The table of contents in section 1(b) of the Public Works and Economic Development Act of 1965 (42 U.S.C. prec. 3121) is amended by adding at the end of the items relating to title VII the following: ``Sec. 704. Authorization of appropriations for brownfield site redevelopment.''.

Brownfield Redevelopment Assistance Act of 2005 - Amends the Public Works and Economic Development Act of 1965 to require the Secretary of Commerce to coordinate activities relating to the redevelopment of brownfield sites and the promotion of eco-industrial development under such Act with other Federal agencies, States, local governments, consortia of local governments, Indian tribes, nonprofit organizations, and public-private partnerships. Authorizes the Secretary to make grants for projects to alleviate or prevent conditions of excessive unemployment, underemployment, blight, and infrastructure deterioration associated with brownfield sites through projects involving: (1) the development of public facilities or services; (2) business development; (3) planning; (4) technical assistance; (5) training; and (6) the purchase of environmental insurance with respect to certain of these activities. Sets forth grant criteria. Authorizes assistance under this Act for activities identified by a community, the economy of which is injured by one or more brownfield sites. Authorizes appropriations for brownfield site redevelopment grants for FY 2006 through 2010. Limits the Federal share of costs for activities funded by such grants to 75 percent of the total. Defines "brownfield site" by reference to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as real property the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant (subject to certain exclusions), and with respect to which an entity has received or is eligible to receive CERCLA funding for site characterization, assessment, or remediation.

To amend the Public Works and Economic Development Act of 1965 to provide assistance to communities for the redevelopment of brownfield sites.

SECTION 1. PILOT PROGRAM IN CERTAIN DISTRICT COURTS. (a) Establishment.-- (1) In general.--There is established a program, in each of the United States district courts designated under subsection (b), under which-- (A) those district judges of that district court who request to hear cases under which one or more issues arising under any Act of Congress relating to patents or plant variety protection must be decided, are designated by the chief judge of the court to hear those cases; (B) cases described in subparagraph (A) are randomly assigned to the judges of the district court, regardless of whether the judges are designated under subparagraph (A); (C) a judge not designated under subparagraph (A) to whom a case is assigned under subparagraph (B) may decline to accept the case; and (D) a case declined under subparagraph (C) is randomly reassigned to one of those judges of the court designated under subparagraph (A). (2) Senior judges.--Senior judges of a district court may be designated under paragraph (1)(A) if at least 1 judge of the court in regular active service is also so designated. (3) Right to transfer cases preserved.--This section shall not be construed to limit the ability of a judge to request the reassignment of or otherwise transfer a case to which the judge is assigned under this section, in accordance with otherwise applicable rules of the court. (b) Designation.--The Director of the Administrative Office of the United States Courts shall, not later than 6 months after the date of the enactment of this Act, designate not less than 5 United States district courts, in at least 3 different judicial circuits, in which the program established under subsection (a) will be carried out. The Director shall make such designation from among the 15 district courts in which the largest number of patent and plant variety protection cases were filed in the most recent calendar year that has ended, except that the Director may only designate a court in which-- (1) at least 10 district judges are authorized to be appointed by the President, whether under section 133(a) of title 28, United States Code, or on a temporary basis under other provisions of law; and (2) at least 3 judges of the court have made the request under subsection (a)(1)(A). (c) Duration.--The program established under subsection (a) shall terminate 10 years after the end of the 6-month period described in subsection (b). (d) Applicability.--The program established under subsection (a) shall apply in a district court designated under subsection (b) only to cases commenced on or after the date of such designation. (e) Reporting to Congress.-- (1) In general.--At the times specified in paragraph (2), the Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the pilot program established under subsection (a). The report shall include-- (A) an analysis of the extent to which the program has succeeded in developing expertise in patent and plant variety protection cases among the district judges of the district courts so designated; (B) an analysis of the extent to which the program has improved the efficiency of the courts involved by reason of such expertise; (C) with respect to patent cases handled by the judges designated pursuant to subsection (a)(1)(A) and judges not so designated, a comparison between the 2 groups of judges with respect to-- (i) the rate of reversal by the Court of Appeals for the Federal Circuit, of such cases on the issues of claim construction and substantive patent law; and (ii) the period of time elapsed from the date on which a case is filed to the date on which trial begins or summary judgment is entered; (D) a discussion of any evidence indicating that litigants select certain of the judicial districts designated under subsection (b) in an attempt to ensure a given outcome; and (E) an analysis of whether the pilot program should be extended to other district courts, or should be made permanent and apply to all district courts. (2) Timetable for reports.--The times referred to in paragraph (1) are-- (A) not later than the date that is 5 years and 3 months after the end of the 6-month period described in subsection (b); and (B) not later than 5 years after the date described in subparagraph (A). (3) Periodic reporting.--The Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall keep the committees referred to in paragraph (1) informed, on a periodic basis while the pilot program is in effect, with respect to the matters referred to in subparagraphs (A) through (E) of paragraph (1). (f) Authorization for Training and Clerkships.--In addition to any other funds made available to carry out this section, there is authorized to be appropriated not less than $5,000,000 in each fiscal year for-- (1) educational and professional development of those district judges designated under subsection (a)(1)(A) in matters relating to patents and plant variety protection; and (2) compensation of law clerks with expertise in technical matters arising in patent and plant variety protection cases, to be appointed by the courts designated under subsection (b) to assist those courts in such cases. Amounts made available pursuant to this subsection shall remain available until expended. Passed the House of Representatives September 28, 2006. Attest: KAREN L. HAAS Clerk.

Establishes a 10-year pilot program in certain U.S. district courts under which: (1) those district judges who request to hear cases involving patent or plant variety protection issues are designated by the chief judge to hear them; (2) such cases are randomly assigned to the district court judges, regardless of whether they are designated; (3) a judge not designated to whom such a case is assigned may decline to accept the case; and (4) a case so declined is randomly reassigned to one of those judges so designated. Requires the Director of the Administrative Office of the U.S. Courts to designate at least five U.S. district courts, in at least three different judicial circuits, to carry out the pilot program. Requires such courts to be among the 15 district courts in which the largest number of such cases were filed in the most recent calendar year. States that the Director may only designate a court in which: (1) at least 10 district judges are authorized for presidential appointment; and (2) at least three judges request such cases. Requires periodic reports on the program to specified congressional committees. Authorizes appropriations for: (1) educational and professional development of those district judges designated under this Act; and (2) compensation of law clerks with expertise in technical matters arising in patent and plant variety protection cases who are appointed to assist courts in such cases.

To establish a pilot program in certain United States district courts to encourage enhancement of expertise in patent cases among district judges.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Consumer Financial Protection Regulations Act of 2013''. SEC. 2. ESTABLISHMENT OF THE COMMISSION. Section 1011 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5491) is amended-- (1) by striking subsections (b), (c), and (d); (2) by redesignating subsection (e) as subsection (j); and (3) by inserting after subsection (a) the following new subsections: ``(b) Establishment of the Commission.-- ``(1) In general.--There is hereby established a commission (hereafter in this title referred to as the `Commission') that shall serve as the head of the Bureau. ``(2) Authority to prescribe regulations.--The Commission may prescribe such regulations and issue such orders in accordance with this title as the Commission may determine to be necessary for carrying out this title and all other laws within the jurisdiction of the Commission, and shall exercise any authorities granted under this title and all other laws within the jurisdiction of the Commission. ``(c) Composition of the Commission.-- ``(1) In general.--The Commission shall be composed of 5 members, who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who-- ``(A) are citizens of the United States; and ``(B) have strong competencies and experiences related to consumer financial protection. ``(2) Staggering.--The members of the Commission shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 3, 4, and 5 years, respectively. ``(3) Terms.-- ``(A) In general.--Each member of the Commission, including the Chair, shall serve for a term of 5 years. ``(B) Removal for cause.--The President may remove any member of the Commission only for inefficiency, neglect of duty, or malfeasance in office. ``(C) Vacancies.--Any member of the Commission appointed to fill a vacancy occurring before the expiration of the term to which the predecessor of that member was appointed (including the Chair) shall be appointed only for the remainder of the term. ``(D) Continuation of service.--Each member of the Commission may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which the term of that member would otherwise expire. ``(E) Other employment prohibited.--No member of the Commission shall engage in any other business, vocation, or employment during the term of service of that member on the Commission. ``(d) Affiliation.--With respect to members appointed pursuant to subsection (c), not more than 3 shall be members of any one political party. ``(e) Chair of the Commission.-- ``(1) Appointment.--The Chair of the Commission shall be appointed by the President from among the members of the Commission. ``(2) Authority.--The Chair shall be the principal executive officer of the Bureau, and shall exercise all of the executive and administrative functions of the Bureau, including with respect to-- ``(A) the appointment and supervision of personnel employed under the Bureau (other than personnel employed regularly and full time in the immediate offices of members of the Commission other than the Chair); ``(B) the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the Bureau; and ``(C) the use and expenditure of funds. ``(3) Limitation.--In carrying out any of the functions of the Chair under this subsection, the Chair shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. ``(4) Requests or estimates related to appropriations.-- Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chair without the prior approval of the Commission. ``(f) No Impairment by Reason of Vacancies.--No vacancy in the membership of the Commission shall impair the right of the remaining members of the Commission to exercise all the powers of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the Commission because of vacancies in the membership of the Commission, 2 members of the Commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the Commission because of vacancies in the membership of the Commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of Commission members to decline to 2. ``(g) Seal.--The Commission shall have an official seal. ``(h) Compensation.-- ``(1) Chair.--The Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. ``(2) Other members of the commission.--The 4 members of the Commission other than the Chair shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code. ``(i) Initial Quorum Established.--During any time period prior to the date of confirmation of at least 2 members of the Commission, one member of the Commission shall constitute a quorum for the transaction of business. Following the confirmation of at least 2 additional commissioners, the quorum requirements of subsection (f) shall apply.''. SEC. 3. BRINGING THE BUREAU INTO THE REGULAR APPROPRIATIONS PROCESS. Section 1017 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5497) is amended-- (1) in subsection (a)-- (A) by amending the heading of such subsection to read as follows: ``Budget, Financial Management, and Audit.--''; (B) by striking paragraphs (1), (2), and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively; and (D) by striking subparagraphs (E) and (F) of paragraph (1), as so redesignated; (2) by striking subsections (b), (c), and (d); (3) by redesignating subsection (e) as subsection (b); and (4) in subsection (b), as so redesignated-- (A) by striking paragraphs (1), (2), and (3) and inserting the following: ``(1) Authorization of appropriations.--There is authorized to be appropriated to the Bureau, to carry out this title-- ``(A) not more than $143,000,000 for fiscal year 2013; and ``(B) not more than $329,000,000 for fiscal year 2014.''; and (B) by redesignating paragraph (4) as paragraph (2). SEC. 4. SAFETY AND SOUNDNESS CHECK. Section 1022(b)(2)(A) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5497(b)(2)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) in clause (ii), by inserting ``and'' at the end; and (3) by adding at the end the following: ``(iii) the impact of such rule on the financial safety or soundness of an insured depository institution;''. SEC. 5. CONFORMING AMENDMENTS. (a) Consumer Financial Protection Act of 2010.-- (1) In general.--Except as provided under paragraph (1), the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (A) by striking ``Director of the'' each place such term appears, other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection; (B) by striking ``Director'' each place such term appears, other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection, and inserting ``Bureau''; and (C) in section 1002, by striking paragraph (10) and inserting the following: ``(10) [Reserved].''. (2) Exceptions.--The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (A) in section 1012(c)(4) (12 U.S.C. 5492(c)(4)), by striking ``Director'' each place such term appears and inserting ``Commission of the Bureau''; (B) in section 1013(c)(3) (12 U.S.C. 5493(c)(3))-- (i) by striking ``Assistant Director of the Bureau for'' and inserting ``Head of the Office of''; and (ii) in subparagraph (B), by striking ``Assistant Director'' and inserting ``Head of the Office''; (C) in section 1013(g)(2) (12 U.S.C. 5493(g)(2))-- (i) in the paragraph heading, by striking ``Assistant director'' and inserting ``Head of the office''; and (ii) by striking ``an assistant director'' and inserting ``a Head of the Office of Financial Protection for Older Americans''; (D) in section 1016(a) (12 U.S.C. 5496(a)), by striking ``Director of the Bureau'' and inserting ``Chair of the Commission''; and (E) in section 1066(a) (12 U.S.C. 5586(a)), by striking ``Director of the Bureau is'' and inserting ``first member of the Commission is''. (b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) is amended-- (1) in section 111(b)(1)(D) (12 U.S.C. 5321), by striking ``Director'' and inserting ``Chair of the Commission''; and (2) in section 1447 (12 U.S.C. 1701p-2), by striking ``Director of the Bureau'' each place such term appears and inserting ``Bureau''. (c) Electronic Fund Transfer Act.--Section 920(a)(4)(C) of the Electronic Fund Transfer Act (15 U.S.C. 1693o-2(a)(4)(C)), as added by section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Bureau of Consumer Financial Protection''. (d) Expedited Funds Availability Act.--The Expedited Funds Availability Act (12 U.S.C. 4001 et seq.), as amended by section 1086 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' each place such term appears and inserting ``Bureau''. (e) Federal Deposit Insurance Act.--Section 2 of the Federal Deposit Insurance Act (12 U.S.C. 1812), as amended by section 336(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by striking ``Director of the Consumer Financial Protection Bureau'' each place such term appears and inserting ``Chair of the Commission of the Bureau of Consumer Financial Protection''. (f) Federal Financial Institutions Examination Council Act of 1978.--Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by section 1091 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Consumer Financial Protection Bureau'' and inserting ``Chair of the Commission of the Bureau of Consumer Financial Protection''. (g) Financial Literacy and Education Improvement Act.--Section 513 of the Financial Literacy and Education Improvement Act (20 U.S.C. 9702), as amended by section 1013(d) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director'' each place such term appears and inserting ``Chair of the Commission''. (h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2806), as amended by section 1094(6) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' each place such term appears and inserting ``Bureau of Consumer Financial Protection''. (i) Interstate Land Sales Full Disclosure Act.--The Interstate Land Sales Full Disclosure Act (15 U.S.C. 1701 et seq.), as amended by section 1098A of the Consumer Financial Protection Act of 2010, is amended-- (1) in section 1402, by striking paragraph (1) and inserting the following: ``(1) `Chair' means the Chair of the Commission of the Bureau of Consumer Financial Protection;''; and (2) in section 1416(a), by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Chair''. (j) Real Estate Settlement Procedures Act of 1974.--Section 5 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604), as amended by section 1450 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended-- (1) by striking ``The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the `Director')'' and inserting ``The Bureau of Consumer Financial Protection''; and (2) by striking ``Director'' each place such term appears and inserting ``Bureau''. (k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101), as amended by section 1100 of the Consumer Financial Protection Act of 2010, is amended-- (1) by striking ``Director'' each place such term appears, other than where such term is used in the context of the Director of the Office of Thrift Supervision, and inserting ``Bureau''; and (2) in section 1503, by striking paragraph (10). (l) Title 44, United States Code.--Section 3513(c) of title 44, United States Code, as amended by section 1100D(b) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' and inserting ``Bureau''.

Responsible Consumer Financial Protection Regulations Act of 2013 - Amends the Consumer Financial Protection Act of 2010 (title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act) to replace the position of Director of the Consumer Financial Protection Bureau (CFPB) with a five-member Commission whose members are appointed by the President, by and with the advice and consent of the Senate. Prohibits the Chair of the Commission from making requests for estimates related to appropriations without the prior approval of the Commission. Revises procedures for funding the CFPB. Eliminates the Consumer Financial Protection Fund and the requirement that the Board of Governors of the Federal Reserve System transfer funds to the CFPB from the combined earnings of the Federal Reserve System. Authorizes appropriations for FY2013-FY2014. Directs the CFPB, in prescribing a rule under the federal consumer financial laws, to consider the rule's impact on the financial safety or soundness of an insured depository institution.

Responsible Consumer Financial Protection Regulations Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Savings Enhancement for Education in College Act''. SEC. 2. COMPUTER TECHNOLOGY AND EQUIPMENT ALLOWED AS A QUALIFIED HIGHER EDUCATION EXPENSE FOR SECTION 529 ACCOUNTS. (a) In General.--Section 529(e)(3)(A) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii), and by adding at the end the following: ``(iii) expenses paid or incurred for the purchase of any computer technology or equipment (as defined in section 170(e)(6)(F)(i)) or Internet access and related services, if such technology, equipment, or services are to be used primarily by the designated beneficiary while enrolled at an eligible educational institution. Clause (iii) shall not include expenses for computer software designed for sports, games, or hobbies unless the software is predominantly educational in nature.''. (b) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after December 31, 2010, in taxable years ending after such date. SEC. 3. CREDIT FOR CONTRIBUTIONS TO 529 PLANS. (a) In General.--Subsection (d) of section 25B of the Internal Revenue Code of 1986 (relating to elective deferrals and IRA contributions by certain individuals) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Contributions to qualified tuition programs.-- ``(A) In general.--The term `qualified savings contribution' includes the amount of any purchase or contribution described in paragraph (1)(A) of section 529(b) to a qualified tuition program (as defined in such section) if-- ``(i) the taxpayer has the power to authorize distributions and otherwise administer the account, and ``(ii) the designated beneficiary of such purchase or contribution is the taxpayer, the taxpayer's spouse, or an individual with respect to whom the taxpayer is allowed a deduction under section 151. ``(B) Limitation based on compensation.--The amount treated as a qualified savings contribution by reason of subparagraph (A) for any taxable year shall not exceed the sum of-- ``(i) the compensation (as defined in section 219(f)(1)) includible in the taxpayer's gross income for the taxable year, and ``(ii) the amount excluded from the taxpayer's gross income under section 112 (relating to combat pay) for such year. ``(C) Determination of adjusted gross income.-- Solely for purposes of determining the applicable percentage under subsection (b) which applies with respect to the amount treated as a qualified savings contribution by reason of subparagraph (A), adjusted gross income (determined without regard to this subparagraph) shall be increased by the excess (if any) of-- ``(i) the social security benefits received during the taxable year (within the meaning of section 86), over ``(ii) the amount included in gross income for such year under section 86.''. (b) Conforming Amendments.-- (1) Section 25B of such Code is amended by striking ``qualified retirement savings'' each place it appears in the text and inserting ``qualified savings''. (2) The subsection heading for section 25B(d) of such Code is amended by striking ``Retirement''. (3) Subparagraph (A) of section 25B(d)(3) of such Code, as redesignated by subsection (a), is amended-- (A) by striking ``paragraph (1)'' the first place it appears and inserting ``paragraph (1) or (2)'', and (B) by striking ``paragraph (1)'' the second place it appears and inserting ``paragraph (1), or (2), as the case may be,''. (4) The heading for section 25B of such Code is amended by striking ``and ira contributions'' and inserting ``, ira contributions, and qualified tuition program contributions''. (5) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B and inserting the following new item: ``Sec. 25B. Elective deferrals, IRA contributions, and qualified tuition program contributions by certain individuals.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made after December 31, 2010, in taxable years ending after such date. SEC. 4. INVESTMENT DIRECTION UNDER QUALIFIED TUITION PROGRAMS. (a) In General.--Paragraph (4) of section 529(b) of the Internal Revenue Code of 1986 (relating to investment direction) is amended by striking the period at the end and inserting ``more frequently than 4 times per calendar year.''. (b) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 2010. SEC. 5. EXCLUSION FROM GROSS INCOME FOR EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 127 the following new section: ``SEC. 127A. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS. ``(a) In General.--Gross income of an employee does not include amounts paid by the employer as contributions to a qualified tuition program held by the employee or spouse of the employee if the contributions are made pursuant to a program which is described in subsection (b). ``(b) Maximum Exclusion.--The amount excluded from the gross income of an employee under this section for the taxable year shall not exceed $600. ``(c) Qualified Tuition Assistance Program.--For purposes of this section, a qualified tuition assistance program is a separate written plan of an employer for the benefit of such employer's employees-- ``(1) under which the employer makes matching contributions to qualified tuition programs of-- ``(A) such employees, ``(B) their spouses, or ``(C) any individual with respect to whom such an employee or spouse-- ``(i) is allowed a deduction under section 151, and ``(ii) has the power to authorize distributions and otherwise administer such individual's account under the qualified tuition program, and ``(2) which meets requirements similar to the requirements of paragraphs (2), (3), (4), (5), and (6) of section 127(b). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified tuition program.--The term `qualified tuition program' means a qualified tuition program as defined in section 529(b). ``(2) Employee and employer.--The terms `employee' and `employer' shall have the meaning given such terms by paragraphs (2) and (3), respectively, of section 127(c). ``(3) Applicable rules.--Rules similar to the rules of paragraphs (4), (5), (6), and (7) of section 127(c) shall apply. ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2011, the $600 amount contained in subsection (b)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. ``(f) Cross Reference.--For reporting and recordkeeping requirements, see section 6039D.''. (b) Exclusion From Employment Taxes.-- (1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of such Code are each amended by inserting ``127A,'' after ``127,'' each place it appears. (2) Section 3231(e)(6) of such Code is amended by striking ``section 127'' and inserting ``section 127 or 127A''. (c) Reporting and Recordkeeping Requirements.--Section 6039D(d)(1) of such Code is amended by inserting ``127A,'' after ``127,''. (d) Other Conforming Amendments.-- (1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such Code are each amended by inserting ``127A,'' after ``127,'' each place it appears. (2) Section 132(j)(8) of such Code is amended by striking ``section 127'' and inserting ``section 127 or 127A''. (3) Section 1397(a)(2)(A) of such Code is amended by inserting at the end the following new clause: ``(iii) Any amount paid or incurred by an employer which is excludable from the gross income of an employee under section 127A, but only to the extent paid or incurred to a person not related to the employer.''. (4) Section 209(a)(15) of the Social Security Act (42 U.S.C. 409(a)(15)) is amended by striking ``or 129'' and inserting ``, 127A, or 129''. (e) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 127 the following new item: ``Sec. 127A. Employer contributions to qualified tuition programs.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Savings Enhancement for Education in College Act - Amends the Internal Revenue Code to: (1) make permanent the allowance for payment of expenses for computer technology and equipment from qualified tuition programs, (2) allow a tax credit for contributions to such programs, (3) allow limited direction of investment of contributions or earnings in a qualified tuition program, and (4) allow an exclusion, up to $600, from the gross income of an employee for employer contributions to a qualified tuition program.

To amend the Internal Revenue Code of 1986 to treat computer technology and equipment as eligible higher education expenses for 529 plans, to allow certain individuals a credit against income tax for contributions to 529 plans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chapter 12 Extension and Bankruptcy Judgeship Act of 2000''. SEC. 2. EXTENSION OF CHAPTER 12 OF TITLE 11 OF THE UNITED STATES CODE. (a) Amendments.--Section 149 of title I of division C of Public Law 105-277, as amended by Public Law 106-5 and Public Law 106-70, is amended-- (1) by striking ``July 1, 2000'' each place it appears and inserting ``July 1, 2001''; and (2) in subsection (a)-- (A) by striking ``September 30, 1999'' and inserting ``June 30, 2000''; and (B) by striking ``October 1, 1999'' and inserting ``July 1, 2000''. (b) Effective Date.-- The amendments made by subsection (a) shall take effect on July 1, 2000. SEC. 3. BANKRUPTCY JUDGESHIPS. (a) Temporary Judgeships.-- (1) Appointments.--The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title: (A) One additional bankruptcy judge for the eastern district of California. (B) Four additional bankruptcy judges for the central district of California. (C) One additional bankruptcy judge for the district of Delaware. (D) Two additional bankruptcy judges for the southern district of Florida. (E) One additional bankruptcy judge for the southern district of Georgia. (F) Two additional bankruptcy judges for the district of Maryland. (G) One additional bankruptcy judge for the eastern district of Michigan. (H) One additional bankruptcy judge for the southern district of Mississippi. (I) One additional bankruptcy judge for the district of New Jersey. (J) One additional bankruptcy judge for the eastern district of New York. (K) One additional bankruptcy judge for the northern district of New York. (L) One additional bankruptcy judge for the southern district of New York. (M) One additional bankruptcy judge for the eastern district of North Carolina. (N) One additional bankruptcy judge for the eastern district of Pennsylvania. (O) One additional bankruptcy judge for the middle district of Pennsylvania. (P) One additional bankruptcy judge for the district of Puerto Rico. (Q) One additional bankruptcy judge for the western district of Tennessee. (R) One additional bankruptcy judge for the eastern district of Virginia. (2) Vacancies.--The first vacancy occurring in the office of a bankruptcy judge in each of the judicial districts set forth in paragraph (1) shall not be filled if the vacancy-- (A) results from the death, retirement, resignation, or removal of a bankruptcy judge; and (B) occurs 5 years or more after the appointment date of a bankruptcy judge appointed under paragraph (1). (b) Extensions.-- (1) In general.--The temporary office of bankruptcy judges authorized for the northern district of Alabama, the district of Delaware, the district of Puerto Rico, the district of South Carolina, and the eastern district of Tennessee under paragraphs (1), (3), (7), (8), and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring-- (A) 8 years or more after November 8, 1993, with respect to the northern district of Alabama; (B) 10 years or more after October 28, 1993, with respect to the district of Delaware; (C) 8 years or more after August 29, 1994, with respect to the district of Puerto Rico; (D) 8 years or more after June 27, 1994, with respect to the district of South Carolina; and (E) 8 years or more after November 23, 1993, with respect to the eastern district of Tennessee. (2) Applicability of other provisions.--Except as provided in paragraph (1), section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) shall continue to apply to the temporary office of bankruptcy judges referred to in such paragraph. (c) Technical Amendments.--Section 152(a) of title 28, United States Code, is amended-- (1) in paragraph (1) by striking the first sentence and inserting the following: ``Each bankruptcy judge authorized to be appointed for a judicial district as provided in paragraph (2) shall be appointed by the United States court of appeals for the circuit in which such district is located.''; and (2) in paragraph (2)-- (A) in the item relating to the middle district of Georgia, by striking ``2'' and inserting ``3''; and (B) in the collective item relating to the middle and southern districts of Georgia, by striking ``Middle and Southern . . . . . . 1''.

Makes this Act effective as of July 1, 2000 (the previous expiration date). Mandates appointments for additional temporary bankruptcy judgeships in designated districts of the following States: California, Delaware, Florida, Georgia, Maryland, Michigan, Mississippi, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, Tennessee, and Virginia. Prohibits filling the first vacancy occurring in such judicial districts five years or more after such appointments if it results from death, retirement, resignation or removal. Extends temporary bankruptcy judgeship positions authorized for the northern district of Alabama, the eastern district of Tennessee, and the districts of Delaware, Puerto Rico, and South Carolina.

Chapter 12 Extension and Bankruptcy Judgeship Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fallen Heroes of 9/11 Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds that-- (1) since September 11, 2001, the United States has been engaged in a war different from any other in our Nation's history; (2) in the eyes of the terrorists, we are all the enemy, and the term ``innocent civilian'' has no meaning for such terrorists; (3) the deaths by airplane at the World Trade Center, at the Pentagon, and in rural Pennsylvania represent an escalation of direct terrorist attacks on civilians; (4) the officers, emergency workers, and other employees of State and local government agencies, including the Port Authority of New York and New Jersey, and of the United States Government and others, who responded to the attacks on the World Trade Center in New York City and perished as a result of the tragic events of September 11, 2001 (including those who are missing and presumed dead), took heroic and noble action on that day; (5) the passengers and crew of United Airlines Flight 93, recognizing the potential danger that the aircraft that they were aboard posed to large numbers of innocent Americans, American institutions, and the symbols of American democracy, took heroic and noble action to ensure that the aircraft could not be used as a weapon; and (6) given the unprecedented nature of the attacks against the United States of America and the need to properly demonstrate the support of the country for the victims of terrorism, it is fitting that their sacrifice be recognized with the award of an appropriate medal. SEC. 3. FALLEN HEROES OF 9/11 CONGRESSIONAL MEDALS. (a) Presentation Authorized.--The President may present on behalf of Congress, to the personal representative or next of kin of each individual referred to in subsection (c), a medal of appropriate design, as described in subsection (b)(1), such medals to be known as ``Fallen Heroes of 9/11 Congressional Medals'', in recognition of the sacrifice made by each such individual, and to honor their deaths on and following September 11, 2001. (b) Design and Striking.-- (1) In general.--For purposes of the presentations referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike 3 medals, of such content and with such suitable emblems, devices, and inscriptions as the Secretary determines to be appropriate to be representative of and in honor of, respectively-- (A) victims of the attack at the World Trade Center, including civilians, public safety officers, emergency workers, and hijack victims; (B) victims aboard United Airlines Flight 93 that crashed in Pennsylvania; and (C) victims at the Pentagon, including the hijack victims. (2) Consultation.--Before making a final determination with respect to the design of the medal under this subsection, the Secretary shall consult with the Secretary of Defense and such other parties as the Secretary may determine to be appropriate. (c) Eligibility To Receive Medal.-- (1) In general.--Any individual who died on or after September 11, 2001, as a direct result of the act of terrorism within the United States on that date, shall be eligible for a medal referred to in subsection (a). (2) Determination.--Eligibility under paragraph (1) shall be determined by the Secretary, in consultation with such other officers of the United States Government and State and local officials as the Secretary determines to be appropriate. (3) Terrorism defined.--For purposes of this section and section 4, the term ``act of terrorism'' means the premeditated, politically motivated violence perpetrated against the United States on September 11, 2001. SEC. 4. DUPLICATE MEDALS. (a) Recipients of Duplicate Medals.--The Secretary shall strike duplicates of the medals struck pursuant to section 3 for presentation to each precinct house, firehouse, emergency response station, or other duty station or place of employment to which each person referred to in subsection (b) of this section was assigned on September 11, 2001, for permanent display in each such place in a manner befitting the memory of such person. (b) Public Safety, Emergency, and Other Workers--Persons referred to in this subsection are officers, emergency workers, and other employees of State and local government agencies, including the Port Authority of New York and New Jersey, and of the United States Government and others, who responded to the attacks on the World Trade Center in New York City on September 11, 2001, and perished as a direct result of that act of terrorism (including those who are missing and presumed dead). SEC. 5. ESTABLISHMENT OF LISTS OF RECIPIENTS. (a) Initial Lists.--Before the end of the 120-day period beginning on the date of enactment of this Act, the Secretary shall establish-- (1) a list of the names of individuals eligible to receive a medal under section 3, as described in section 3(c)(1), during the period beginning on September 11, 2001, and ending on the date of enactment of this Act; and (2) a list of the eligible recipients of a duplicate medal under section 4. (b) Subsequent Eligibility.--If any individual becomes eligible for a medal, as described in section 3(c)(1), or any other recipient becomes eligible for a duplicate medal, as described in section 4, the Secretary shall promptly add the name of that individual or recipient to the appropriate list established pursuant to subsection (a). SEC. 6. SALES TO THE PUBLIC TO DEFRAY COSTS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates of the medals struck under this Act, at a price sufficient to cover the costs of the medals (including labor, materials, dies, use of machinery, and overhead expenses). SEC. 7. NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.

Fallen Heroes of 9/11 Act - Authorizes the President to present to the personal representative or next of kin of each individual who died on or after September 11, 2001, as a direct result of the act of terrorism within the United States on that date, a Fallen Heroes of 9/11 Congressional Medal in recognition of their sacrifice and to honor their deaths.Directs the Secretary of the Treasury to strike: (1) three medals to honor victims of the attack at the World Trade Center (WTC), victims aboard United Airlines Flight 93 that crashed in Pennsylvania, and victims at the Pentagon; and (2) duplicate medals for presentation to each precinct house, firehouse, emergency response station, or other duty station or place of employment to which officers, emergency workers, and other employees of the U.S. Government and of State and local government agencies (including the Port Authority of New York and New Jersey) and others who responded to and perished as a direct result of the WTC attacks were assigned on September 11, 2001.

A bill to provide for a medal of appropriate design to be awarded by the President to the next of kin or other representative of those individuals killed as a result of the terrorist attacks of September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern New Mexico Rural Water System Authorization Act''. SEC. 2. DEFINITIONS. In this Act: (1) Authority.--The term ``Authority'' means the Eastern New Mexico Rural Water Authority, an entity formed under State law for the purposes of planning, financing, developing, and operating the System. (2) Engineering report.--The term ``engineering report'' means the report entitled ``Eastern New Mexico Rural Water System Preliminary Engineering Report'' and dated October 2006. (3) Plan.--The term ``plan'' means the operation, maintenance, and replacement plan required by section 4(b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of New Mexico. (6) System.-- (A) In general.--The term ``System'' means the Eastern New Mexico Rural Water System, a water delivery project designed to deliver approximately 16,500 acre- feet of water per year from the Ute Reservoir to the cities of Clovis, Elida, Grady, Melrose, Portales, and Texico and other locations in Curry, Roosevelt, and Quay Counties in the State. (B) Inclusions.--The term ``System'' includes the major components and associated infrastructure identified as the ``Best Technical Alternative'' in the engineering report. (7) Ute reservoir.--The term ``Ute Reservoir'' means the impoundment of water created in 1962 by the construction of the Ute Dam on the Canadian River, located approximately 32 miles upstream of the border between New Mexico and Texas. SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM. (a) Financial Assistance.-- (1) In general.--The Secretary may provide financial and technical assistance to the Authority to assist in planning, designing, conducting related preconstruction activities for, and constructing the System. (2) Use.-- (A) In general.--Any financial assistance provided under paragraph (1) shall be obligated and expended only in accordance with a cooperative agreement entered into under section 5(a)(2). (B) Limitations.--Financial assistance provided under paragraph (1) shall not be used-- (i) for any activity that is inconsistent with constructing the System; or (ii) to plan or construct facilities used to supply irrigation water for irrigated agricultural purposes. (b) Cost-Sharing Requirement.-- (1) In general.--The Federal share of the total cost of any activity or construction carried out using amounts made available under this Act shall be not more than 75 percent of the total cost of the System. (2) System development costs.--For purposes of paragraph (1), the total cost of the System shall include any costs incurred by the Authority or the State on or after October 1, 2003, for the development of the System. (c) Limitation.--No amounts made available under this Act may be used for the construction of the System until-- (1) a plan is developed under section 4(b); and (2) the Secretary and the Authority have complied with any requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to the System. (d) Title to Project Works.--Title to the infrastructure of the System shall be held by the Authority or as may otherwise be specified under State law. SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS. (a) In General.--The Authority shall be responsible for the annual operation, maintenance, and replacement costs associated with the System. (b) Operation, Maintenance, and Replacement Plan.--The Authority, in consultation with the Secretary, shall develop an operation, maintenance, and replacement plan that establishes the rates and fees for beneficiaries of the System in the amount necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Cooperative Agreements.-- (1) In general.--The Secretary may enter into any contract, grant, cooperative agreement, or other agreement that is necessary to carry out this Act. (2) Cooperative agreement for provision of financial assistance.-- (A) In general.--The Secretary shall enter into a cooperative agreement with the Authority to provide financial assistance and any other assistance requested by the Authority for planning, design, related preconstruction activities, and construction of the System. (B) Requirements.--The cooperative agreement entered into under subparagraph (A) shall, at a minimum, specify the responsibilities of the Secretary and the Authority with respect to-- (i) ensuring that the cost-share requirements established by section 3(b) are met; (ii) completing the planning and final design of the System; (iii) any environmental and cultural resource compliance activities required for the System; and (iv) the construction of the System. (b) Technical Assistance.--At the request of the Authority, the Secretary may provide to the Authority any technical assistance that is necessary to assist the Authority in planning, designing, constructing, and operating the System. (c) Biological Assessment.--The Secretary shall consult with the New Mexico Interstate Stream Commission and the Authority in preparing any biological assessment under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that may be required for planning and constructing the System. (d) Effect.--Nothing in this Act--- (1) affects or preempts-- (A) State water law; or (B) an interstate compact relating to the allocation of water; or (2) confers on any non-Federal entity the ability to exercise any Federal rights to-- (A) the water of a stream; or (B) any groundwater resource. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In accordance with the adjustment carried out under subsection (b), there is authorized to be appropriated to the Secretary to carry out this Act an amount not greater than $327,000,000. (b) Adjustment.--The amount made available under subsection (a) shall be adjusted to reflect changes in construction costs occurring after January 1, 2007, as indicated by engineering cost indices applicable to the types of construction necessary to carry out this Act. (c) Nonreimbursable Amounts.--Amounts made available to the Authority in accordance with the cost-sharing requirement under section 3(b) shall be nonreimbursable and nonreturnable to the United States. (d) Availability of Funds.--At the end of each fiscal year, any unexpended funds appropriated pursuant to this Act shall be retained for use in future fiscal years consistent with this Act. Passed the House of Representatives June 19, 2008. Attest: LORRAINE C. MILLER, Clerk.

Eastern New Mexico Rural Water System Authorization Act - Authorizes the Secretary of the Interior to provide financial and technical assistance to the Eastern New Mexico Rural Water Authority to assist in planning, designing, conducting preconstruction activities for, and constructing the Eastern New Mexico Rural Water System. Limits the federal share of the cost of any activity to 75%. Provides that the total cost of the System shall include any costs incurred by the Authority or the state of New Mexico on or after October 1, 2003, for System development. Makes the Authority responsible for annual operation, maintenance, and replacement costs. Directs the Authority to develop an operation, maintenance, and replacement plan that establishes rates and fees necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. Prohibits the use of funds under this Act until such plan is developed and the Secretary and the Authority have complied with applicable requirements of the National Environmental Policy Act of 1969. Directs the Secretary to: (1) enter into a cooperative agreement with the Authority to provide financial and any other assistance requested by the Authority for planning, design, related preconstruction activities, and construction of the System; and (2) consult with the New Mexico Interstate Stream Commission and the Authority in preparing any required biological assessment under the Endangered Species Act of 1973. Authorizes the Secretary, at the Authority's request, to provide technical assistance. Authorizes appropriations.

To authorize the Secretary of the Interior to provide financial assistance to the Eastern New Mexico Rural Water Authority for the planning, design, and construction of the Eastern New Mexico Rural Water System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Utilizing DNA Technology to Solve Cold Cases Act of 2011''. SEC. 2. ENHANCED SEARCHES. (a) Familial Searches.-- (1) In general.--Not later than one year after the date of enactment of this Act, the Attorney General shall adopt policies and procedures in accordance with this section to ensure that-- (A) the Federal Bureau of Investigation may conduct familial searches for DNA samples collected from crime scenes in Federal investigations; (B) subject to paragraph (5), a CODIS State administrator or State attorney general may request that the Federal Bureau of Investigation conduct familial searches for DNA samples collected from crime scenes in State investigations; and (C) the privacy interests of persons identified in familial searches are carefully protected. (2) Search requirements.--Familial searches conducted by the Federal Bureau of Investigation under this section shall be conducted only under the following circumstances: (A) No identical match for the DNA sample collected from a crime scene can be identified in the offender index. (B) The investigation for which DNA samples are collected at a crime scene involves one or more of the following offenses under Federal or State law: (i) An offense of murder, voluntary manslaughter, kidnapping, or any attempt to commit murder, voluntary manslaughter, or kidnapping. (ii) A specified offense against a minor (as such term is defined in section 111(7) of the Sex Offender Registration and Notification Act (42 U.S.C. 16911(7))), or an attempt to commit such a specified offense. (iii) An offense for which an offender would be required, under the Sex Offender Registration and Notification Act (42 U.S.C. 16901 et seq.), to register as a tier III sex offender (as defined in section 111(4) of such Act (42 U.S.C. 16911(4))), or an attempt to commit such an offense. (3) Requests by states.--A CODIS State administrator or State attorney general making a request for a familial search under this section shall-- (A) before making such request, have in place a written policy that-- (i) establishes the criteria and procedures for requesting a familial search and for evaluating a familial match; (ii) is consistent with any regulations issued by the Attorney General pursuant to this section; and (iii) ensures that the privacy interests of persons identified in familial searches are carefully protected; and (B) each time a familial search request is made, make such policy available to the Attorney General. (4) State assurances required.--A CODIS State administrator or a State attorney general may request from the Federal Bureau of Investigation familial searches for DNA samples collected from crime scenes in State investigations only if the requesting State has provided an assurance to the Attorney General that-- (A) the requesting State will take such steps as the Attorney General determines to be necessary and appropriate to facilitate the investigation of familial matches from other States; and (B) the requesting State will investigate possible familial matches in the State before requesting assistance from other States. (5) Reporting of matches.--Any familial match resulting from a request for a familial search that complies with the requirements of this section shall be reported to the CODIS State administrator or State attorney general requesting information related to such match. (b) Report.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to the chair and ranking member of the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on compliance with this section. Each such report shall contain the following information: (1) The number of familial searches requested by CODIS State administrators or State attorney generals. (2) The number of familial searches conducted under this section. (3) The number of familial matches found as a result of such searches. (4) The status of any case in which such a familial match was found. (c) Regulations.--Not later than one year after the date of enactment of this Act, the Attorney General shall issue regulations to carry out this section. (d) Definitions.--In this section: (1) The term ``CODIS State administrator'' means the individual designated by a State to coordinate and communicate with local CODIS administrators in the State and to be responsible for entering data from the State in the National DNA Index System, in accordance with the procedures established by the National DNA Index System Procedures Board and published by the Federal Bureau of Investigation in the NDIS Policies and Procedures. (2) The term ``familial search'' means a search of the offender index in which a DNA sample from an unknown source collected from a crime scene is compared to such offender index to determine if a familial match exists between the DNA profile contained in such index and the DNA sample collected from the crime scene. (3) The term ``familial match'' means a genetic association determined by the Attorney General to present a high probability of familial relation between a DNA profile in the offender index and a DNA sample collected at a crime scene. (4) The term ``offender index'' means the database containing information on individuals convicted of sex offenses and other violent crimes in the National DNA Index System established under section 210304 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322, 108 Stat. 1796). (5) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.

Utilizing DNA Technology to Solve Cold Cases Act of 2011 - Requires the Attorney General to adopt policies and procedures to ensure that: (1) the Federal Bureau of Investigation (FBI) may conduct familial searches for DNA samples collected from crime scenes in federal investigations, (2) a CODIS (Combined DNA Index System) state administrator or a state attorney general may request that the FBI conduct such searches in state investigations, and (3) the privacy interests of persons identified in familial searches are protected. Defines "familial search" as a search of the offender index in the National DNA Index System in which a DNA sample from an unknown source collected from a crime scene is compared to such index to determine if a familial match exists between the DNA profile contained in such index and the DNA sample collected from the crime scene. Allows FBI familial searches to be conducted only if: (1) no identical match for a DNA sample collected from a crime scene can be identified in the offender index; and (2) the investigation for which DNA samples are collected involves murder, voluntary manslaughter, kidnapping, a sex offense against a minor, or an offense for which an offender would be required to register as a tier III sex offender. Sets forth requirements for state requests for such searches, including assurances that the requesting state will: (1) take steps to facilitate the investigation of familial matches from other states, and (2) investigate possible familial matches in that state before requesting assistance from other states.

To direct the Attorney General to design and implement a procedure to permit enhanced searches of the National DNA Index System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Zero Gravity, Zero Tax Act of 2003''. SEC. 2. EXCLUSION OF SPACE-RELATED INCOME FROM GROSS INCOME. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 140 as section 140A and inserting after section 139 the following new section: ``SEC. 140. SPACE-RELATED INCOME. ``(a) General Rule.--Gross income shall not include space-related income. ``(b) Space-Related Income.-- ``(1) In general.--For purposes of this section, the term `space-related income' means-- ``(A) income derived from the sale by the taxpayer to an unrelated person of-- ``(i) any product or article which is produced by the taxpayer in outer space, and ``(ii) any service provided by the taxpayer in or from outer space, ``(B) income of an individual attributable to services performed in or from outer space by such individual in a trade or business, and ``(C) any amount not described in subparagraph (A) or (B) which is interest, rent, royalty, or similar amount received with respect to production or service described in subparagraph (A) or (B). ``(2) Exception for telecommunications services, etc.-- Paragraph (1)(A)(ii) shall not apply to-- ``(A) any telecommunications service provided from earth orbit, ``(B) any service provided by a weather or other earth observation satellite, and ``(C) any other service provided on or before the date of the enactment of this section of transporting property to or from outer space. ``(3) Exception for wages.--Paragraph (1) shall not apply to wages (as defined in section 3401) received by any employee of an employer. ``(4) Proportional allocation between space-based and earth-based activities.--In the case of any product or article which is produced partly in space, space-related income shall be an amount which bears the same ratio to the amount of gross income attributable to the sale of such product or article as the expenses attributable to producing such product or article in space bears to the total expenses incurred in producing such product or article. ``(5) Produced.--For purposes of this section, the term `produced' includes created, fabricated, developed, grown, manufactured, extracted, processed, cured, and aged. ``(c) Exclusion From Tariffs, Etc.--Any product-- ``(1) which is manufactured in outer space, and ``(2) which was-- ``(A) launched from, and returned to Earth, within the United States, or ``(B) Manufactured at a facility in outer space which is owned by 1 or more United States persons, shall be exempt from all Federal excises, imposts, and duties and any other Federal tariffs. ``(d) Phaseout of Benefits.--In the case of a taxable year beginning after December 31, 2012, the amount excluded under subsection (a) shall be reduced (but not below zero) by x/10th's of the amount excludable without regard to this subsection, where `x' is the number of years such taxable year is after the last taxable year beginning before January 1, 2013. A similar rule shall apply to the benefits under subsection (c).''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 140. Space-related income. ``Sec. 140A. Cross references to other Acts.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. CREDIT FOR PURCHASE OF QUALIFIED SPACE COMPANY STOCK. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45G. SPACE COMPANY INVESTMENT CREDIT. ``(a) General Rule.--For purposes of section 38, the space company investment credit determined under this section for any taxable year is the amount paid in the taxable year for the purchase of qualified stock in a qualified space company. ``(b) Qualified Space Company.--For purposes of this section-- ``(1) In general.--The term `qualified space company' means a domestic C corporation if for the 3-taxable-year period ending with the taxable year immediately preceding the taxable year in which qualified stock is purchased-- ``(A) the average annual gross receipts of such entity does not exceed $100,000,000, and ``(B) more than 70 percent of such gross receipts are derived from space-based business. ``(2) Space-based business.--The term `space-based business' means a business whose gross receipts are substantially space-related income, as defined in section 140(b). ``(3) Aggregation rules.--Rules similar to the rules of section 1202(d)(3) shall apply. ``(c) Qualified Stock.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this section, the term `qualified stock' means any stock in a domestic C corporation if-- ``(A) as of the date of issuance of such stock, such corporation is a qualified space company, and ``(B) except as provided in subsections (f) and (h), such stock is acquired by the taxpayer at its original issue (directly or through an underwriter)-- ``(i) in exchange for money or other property (not including stock), or ``(ii) as compensation for services provided to such corporation (other than services performed as an underwriter of such stock). ``(2) Active business requirement.--Stock in a corporation shall not be treated as qualified stock unless, during substantially all of the taxpayer's holding period for such stock-- ``(A) such corporation meets active business requirements substantially similar to the requirements of section 1202(e), determined on the basis that the qualified trade or business is a space-based business, and ``(B) such corporation is a C corporation. ``(3) Certain purchase by corporation of its own stock.-- Rules similar to the rules of section 1202(c)(3) shall apply. ``(e) Recapture.--If, during any taxable year ending with or within the 10-year period beginning on the date qualified stock was purchased by the taxpayer, the issuer of such stock ceases to a qualified space company, the tax under this chapter for such taxable year shall be increased by the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under subsection (a) with respect to such stock. ``(f) Termination.--This section shall not apply to stock acquired after December 31, 2011.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) space company investment credit determined under section 45G(a).''. (c) Conforming Amendments.-- (1) Section 39(d) of such Code is amended by adding at the end the following new paragraph: ``(11) No carryback of space company investment credit before january 1, 2004.--No portion of the unused business credit for any taxable year which is attributable to the space company investment credit determined under section 45G may be carried back to a taxable year beginning before January 1, 2004.''. (2) Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10) and inserting ``, and'', and by adding at the end the following new paragraph: ``(11) the space company investment credit determined under section 45G(a).''. (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45G. Space Company Investment Credit.''. (d) Effective Date.--The amendments made by this section shall apply to costs paid or incurred in taxable years beginning after December 31, 2003. SEC. 4. CAPITAL GAINS EXCLUSION. (a) In General.--(1) Part I of subchapter P of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1203. EXCLUSION FOR GAINS FROM SALE OR EXCHANGE OF STOCK OF QUALIFIED SPACE CORPORATIONS. ``(a) In General.--Gross income shall not include gain on the sale or exchange of any stock of a qualified space corporation. ``(b) Qualified Space Corporation.--For purposes of subsection (a), the term `qualified space corporation' means, with respect to any taxable year, a domestic corporation which is a C corporation if-- ``(1) such corporation is organized exclusively for providing to unrelated persons-- ``(A) any product or article which is produced (within the meaning of section 140(b)(5)) by the corporation in outer space, or ``(B) any service provided by the corporation in or from outer space, and ``(2) At least 90 percent of the expenses of such corporation are attributable to the active conduct of a trade or business of providing a product, article, or service described in paragraph (1). Such term shall not include a corporation providing a service, product, or article described in section 140(b)(2).''. (2) Clerical Amendment.--The table of sections for part I of subchapter P of such Code is amended by adding at the end the following new item: ``Sec. 1203. Exclusion for gains from sale or exchange of stock of qualified space corporations.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.

Zero Gravity, Zero Tax Act of 2003 - Amends the Internal Revenue Code to exclude from gross income: (1) space-related income; and (2) gain on the sale or exchange of any stock of a qualified space corporation.Establishes a space company investment credit for the purchase of qualified stock in a qualified space company.

To amend the Internal Revenue Code of 1986 to provide tax incentives for investing in companies involved in space-related activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Governors Island Preservation Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) in August 1776, the fortifications at Governors Island, New York, provided cover allowing George Washington's Continental Army to escape a British onslaught during the Battle of Long Island; (2) the State of New York, for nominal consideration, ceded control of Governors Island to the Federal Government in 1800 to provide for the defense of the United States; (3) during the War of 1812, the combined firepower of Castle Williams on Governors Island and the Southwest Battery in Manhattan dissuaded the British from making a direct attack on New York City, which was the largest city in and principal seaport of the United States at the time; (4) in 1901, 4,700,000 cubic yards of fill from the excavation of the Lexington Avenue Subway in Manhattan were deposited to increase the area of Governors Island from 90 to 172 acres; (5) Governors Island played a significant role in the Civil War, World War I, and World War II, and continued to serve the United States Army through 1966; (6) in 1958, the United States District Court for the Southern District of New York formally ratified the long possession of Governors Island by the United States through a condemnation proceeding that required ``just compensation'' of $1; (7) in 1966, the Army relocated operations from Governors Island, and the United States Coast Guard assumed control of the Island, an action that established an integral component of the Atlantic coast efforts of the Coast Guard for the following 30 years; (8) the Admiral's House on Governors Island hosted the final summit meeting between President Ronald W. Reagan and Soviet Premier Mikhail S. Gorbachev in December 1988, where the leaders presented each other with the Articles of Ratification for the Intermediate Nuclear Forces Treaty; (9) the Coast Guard ceased operations at Governors Island in 1997, leaving 225 buildings unoccupied, unused, and exposed to the harsh elements of New York Harbor; (10) Castle Williams is named after Lieutenant Colonel Jonathan Williams, who built the semi-circular ``cheesebox'' fort and later served as the first superintendent of West Point Military Academy; (11) the pentagonal Fort Jay, named after John Jay, is the complement of Fort Wood on nearby Bedloe Island, which serves as the base of the Statue of Liberty; (12) Castle Williams and Fort Jay, located within the Governors Island National Historic Landmark District, and more than 200 years of contributions to the history of the United States could be lost if Governors Island were to remain vacant or be sold to a private entity; (13) Castle Williams and Fort Jay, key elements of the Governors Island National Historic Landmark District, are worthy of continued Federal protection and should be designated a unit of the National Park System; and (14) the State of New York and the city of New York have agreed to a plan to be administered by the Governors Island Redevelopment Corporation, a subsidiary of the Empire State Development Corporation, that-- (A) offers what may be the only opportunity to ensure-- (i) public access to Governors Island; (ii) the preservation and protection of historic structures on Governors Island for future generations; and (iii) the ability of local elected officials, local community boards, and community organizations to participate in the redevelopment of Governors Island; and (B) would provide substantial educational and recreational facilities to the public. (b) Purposes.--The purposes of this Act are-- (1) to prevent the deterioration of the historic military buildings on Governors Island in New York Harbor; (2) to ensure that Castle Williams and Fort Jay are-- (A) retained in Federal ownership; (B) available for the benefit and inspiration of the people of the United States; and (C) afforded protection by the National Park Service as a unit of the National Park System; (3) to provide the general public with-- (A) access to Governors Island; (B) access to open park space to experience the majestic views of New York Harbor; and (C) opportunities that illustrate the significant contributions of Governors Island to the history of the United States; and (4) to return to the people of the State of New York property that the State of New York conveyed to the Federal Government, for nominal consideration, to provide for the defense of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) City.--The term ``City'' means the City of New York. (3) Corporation.--The term ``Corporation'' means Governors Island Redevelopment Corporation, a subsidiary of the Empire State Development Corporation governed by a board to be appointed by the State and the City (or any successor entity). (4) Management plan.--The term ``management plan'' means the management plan prepared under section 4(f). (5) Monument.--The term ``Monument'' means the Governors Island National Monument established under section 4(a). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of New York. SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT. (a) Establishment.--To preserve for the benefit and inspiration of the people of the United States as a national monument certain historic structures and associated land located on Governors Island in New York Harbor, there is established a unit of the National Park System to be known as the ``Governors Island National Monument''. (b) Composition.-- (1) In general.--The Monument shall be comprised of Castle Williams and Fort Jay, as depicted on the map entitled ``Governors Island National Monument Boundary Map'', numbered GOIS ____, and dated ____, 2000. (2) Inclusions.--The Monument shall include-- (A) the land on which Castle Williams and Fort Jay are situated; and (B) the land between Castle Williams and Fort Jay; as depicted on the map described in paragraph (1). (2) Availability of map.--The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Transfer.--Not later than 180 days after the date of enactment of this Act, as part of the overall disposition of Governors Island, the Administrator shall transfer administrative jurisdiction over the Monument to the Secretary. (d) Rights of Access.-- (1) Reservation.--As part of the overall disposition of Governors Island, the Administrator, subject to agreement by the Secretary and the Corporation, shall reserve the right of access for the Secretary to the Monument for purposes of operating and maintaining the Monument. (2) Utilities.--The provision of and access to utilities to the Monument shall be-- (A) determined as part of the disposition of Governors Island in accordance with the public service law of the State of New York; and (B) subject to agreement between the Secretary and the Corporation. (e) Administration.-- (1) In general.--On completion of the transfer under subsection (c), the Monument shall be administered by the Secretary in accordance with-- (A) this Act; and (B) laws generally applicable to units of the National Park System, including-- (i) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (ii) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (2) Cooperative agreements.--The Secretary, in consultation with the Corporation, may consult, and enter into cooperative agreements, with interested entities and individuals to provide for the preservation, development, interpretation, and use of the Monument. (f) Management Plan.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, in consultation with the Corporation and other appropriate public and private entities, the Secretary shall prepare a management plan for the Monument. (2) Applicable law.--The Secretary shall prepare the management plan in accordance with-- (A) section 12(b) of the Act entitled ``An Act to improve the administration of the national park system by the Secretary of the Interior, and to clarify the authorities applicable to the system, and for other purposes'', approved August 18, 1970 (16 U.S.C. 1a- 7(b)); and (B) other applicable law. (3) Submission.--On completion of the management plan, the Secretary shall submit the management plan to-- (A) the Committee on Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out annual operation and maintenance of the Monument. SEC. 5. CONVEYANCE OF GOVERNORS ISLAND. (a) In General.-- (1) Conveyance.--Notwithstanding section 9101 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 670) or any other provision of law, and except as provided in paragraphs (2) and (3), not later than 180 days after the date of enactment of this Act, the Administrator shall convey to the State of New York, for no consideration, all right, title, and interest of the United States in and to Governors Island, to be administered by the Corporation. (2) Rights of access.--The conveyance under paragraph (1)(A) shall be subject to the rights of access described in section 4(d). (3) Exclusion of monument.--The Monument shall not be included in the conveyance under paragraph (1)(A). (b) Use and Redevelopment of Governors Island.--On completion of the conveyance under subsection (a)(1)(A), any use of the conveyed land shall be in compliance with-- (1) the New York State Environmental Quality Review Act (Sections 0101 through 0117 of the Environmental Conservation Law of New York); and (2) the document entitled ``Governors Island Preservation and Design Manual''-- (A) developed by the Administrator in accordance with-- (i) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and (ii) applicable State and local historic preservation law; and (B) as approved by the Administrator, State, and City.

Requires the Secretary of the Interior to: (1) prepare a management plan for the Monument; and (2) submit such plan to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Authorizes appropriations to carry out annual operation and maintenance. Directs the Administrator of General Services to convey Governors Island (with the exclusion of the Monument) to New York, subject to specified rights of access. Requires any use of the conveyed land to be in compliance with: (1) the New York State Environmental Quality Review Act; (2) the Governors Island Preservation and Design Manual.

Governors Island Preservation Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Coastal Environment and Public Health Act of 2011''. SEC. 2. FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS. (a) Adoption of New or Revised Criteria and Standards.--Section 303(i)(2)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1313(i)(2)(A)) is amended by striking ``paragraph (1)(A)'' each place it appears and inserting ``paragraph (1)''. (b) Revised Criteria for Coastal Recreation Waters.--Section 304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended-- (1) in subparagraph (A), by striking ``methods, as appropriate'' and inserting ``methods, including rapid testing methods''; and (2) by adding at the end the following: ``(C) Publication of pathogen and pathogen indicator list.--Upon publication of the new or revised water quality criteria under subparagraph (A), the Administrator shall publish in the Federal Register a list of all pathogens and pathogen indicators studied in developing the new or revised water quality criteria.''. (c) Source Identification.-- (1) Monitoring protocols.--Section 406(a)(1)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1346(a)(1)(A)) is amended by striking ``methods for monitoring'' and inserting ``methods for monitoring protocols that are most likely to detect pathogenic contamination and the source of that contamination''. (2) State reports; source tracking.--Section 406(b) of the Federal Water Pollution Control Act (33 U.S.C. 1346(b)) is amended-- (A) in paragraph (3)(A)(ii), by striking ``public'' and inserting ``public and all environmental agencies of the State with authority to prevent or treat sources of pathogenic contamination in coastal recreation waters''; and (B) by adding at the end the following: ``(5) Contents of monitoring and notification programs.-- For the purposes of this section, a program for monitoring, assessment, and notification shall include, consistent with performance criteria published by the Administrator under subsection (a), monitoring, public notification, storm event testing, source tracking, and sanitary surveys, and may include prevention efforts, not already funded under this Act to address identified sources of contamination by pathogens and pathogen indicators in coastal recreation waters adjacent to beaches or similar points of access that are used by the public.''. (d) Use of Rapid Testing Methods.-- (1) Contents of state and local government programs.-- Section 406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)(4)(A)) is amended by striking ``methods'' and inserting ``methods, including a rapid testing method after the last day of the 1-year period following the date of validation of that rapid testing method by the Administrator,''. (2) Validation and use of rapid testing methods.-- (A) Validation of rapid testing methods.--Not later than October 15, 2012, the Administrator of the Environmental Protection Agency (referred to in this Act as the ``Administrator'') shall complete an evaluation and validation of a rapid testing method for the water quality criteria and standards for pathogens and pathogen indicators described in section 304(a)(9)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)(A)). (B) Guidance for use of rapid testing methods.-- (i) In general.--Not later than 180 days after the date of completion of the validation under subparagraph (A), and after providing notice and an opportunity for public comment, the Administrator shall publish guidance for the use at coastal recreation waters adjacent to beaches or similar points of access that are used by the public of rapid testing methods that will enhance the protection of public health and safety through rapid public notification of any exceedance of applicable water quality standards for pathogens and pathogen indicators. (ii) Prioritization.--In developing guidance under clause (i), the Administrator shall require the use of rapid testing methods at those beaches or similar points of access that are the most used by the public. (3) Definition of rapid testing method.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(26) Rapid testing method.--The term `rapid testing method' means a method of testing the water quality of coastal recreation waters for which results are available as soon as practicable and not more than 4 hours after receipt of the applicable sample by the testing facility.''. (e) Notification of Federal, State, and Local Agencies; Content of State and Local Programs.--Section 406(c) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)) is amended-- (1) in paragraph (5)-- (A) in the matter preceding subparagraph (A), by striking ``prompt communication'' and inserting ``communication, within 2 hours of the receipt of the results of a water quality sample,''; (B) by striking subparagraph (A) and inserting the following: ``(A)(i) in the case of any State in which the Administrator is administering the program under section 402, the Administrator, in such form as the Administrator determines to be appropriate; and ``(ii) in the case of any State other than a State to which clause (i) applies, all agencies of the State government with authority to require the prevention or treatment of the sources of coastal recreation water pollution; and''; (2) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; (3) by inserting after paragraph (5) the following: ``(6) measures for an annual report to the Administrator, in such form as the Administrator determines to be appropriate, on the occurrence, nature, location, pollutants involved, and extent of any exceedance of applicable water quality standards for pathogens and pathogen indicators;''; (4) in paragraph (7) (as redesignated by paragraph (2))-- (A) by striking ``the posting'' and inserting ``the immediate posting''; and (B) by striking ``and'' at the end; (5) in paragraph (8) (as redesignated by paragraph (2)), by striking the period at the end and inserting a semicolon; and (6) by adding at the end the following: ``(9) the availability of a geographical information system database that the State or local government program shall use to inform the public about coastal recreation waters and that-- ``(A) is publicly accessible and searchable on the Internet; ``(B) is organized by beach or similar point of access; ``(C) identifies applicable water quality standards, monitoring protocols, sampling plans and results, and the number and cause of coastal recreation water closures and advisory days; and ``(D) is updated within 24 hours of the availability of revised information; ``(10) measures to ensure that closures or advisories are made or issued within 2 hours after the receipt of the results of a water quality sample exceeding applicable water quality standards for pathogens and pathogen indicators; ``(11) measures that inform the public of identified sources of pathogenic contamination; and ``(12) analyses of monitoring protocols to determine which protocols are most likely to detect pathogenic contamination.''. (f) National List of Beaches.--Section 406(g) of the Federal Water Pollution Control Act (33 U.S.C. 1346(g)) is amended by striking paragraph (3) and inserting the following: ``(3) Updates.--Not later than 1 year after the date of enactment of the Clean Coastal Environment and Public Health Act of 2011, and biennially thereafter, the Administrator shall update the list described in paragraph (1).''. (g) Compliance Review.--Section 406(h) of the Federal Water Pollution Control Act (33 U.S.C. 1346(h)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (2) by striking ``In the'' and inserting the following: ``(1) In general.--In the''; and (3) by adding at the end the following: ``(2) Compliance review.--On or before July 31 of each calendar year beginning 18 months after the date of enactment of the Clean Coastal Environment and Public Health Act of 2011, the Administrator shall-- ``(A) prepare a written assessment of compliance with-- ``(i) all statutory and regulatory requirements of this section for each State and local government; and ``(ii) conditions of each grant made under this section to a State or local government; ``(B) notify the State or local government of each such assessment; and ``(C) make each of the assessments available to the public in a searchable database on the Internet on or before December 31 of the applicable calendar year. ``(3) Corrective action.--If a State or local government that the Administrator notifies under paragraph (2) is not in compliance with any requirement or grant condition described in paragraph (2) and fails to take such action as is necessary to comply with the requirement or condition by the date that is 1 year after the date of notification, any grants made under subsection (b) to the State or local government, after the last day of that 1-year period and while the State or local government is not in compliance with all requirements and grant conditions described in paragraph (2), shall have a Federal share of not to exceed 50 percent. ``(4) GAO review.--Not later than December 31 of the third calendar year beginning after the date of enactment of the Clean Coastal Environment and Public Health Act of 2011, the Comptroller General shall-- ``(A) conduct a review of the activities of the Administrator under paragraphs (2) and (3) during the first and second calendar years beginning after that date of enactment; and ``(B) submit to Congress a report on the results of the review.''. (h) Authorization of Appropriations.--Section 406(i) of the Federal Water Pollution Control Act (33 U.S.C. 1346(i)) is amended by striking ``fiscal years 2001 through 2005'' and inserting ``fiscal years 2011 through 2015''. SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT. Section 8 of the Beaches Environmental Assessment and Coastal Health Act of 2000 (114 Stat. 877) is amended by striking ``2005'' and inserting ``2015''. SEC. 4. MONITORING PROTOCOL FOR MERCURY. (a) Review and Update of Existing Monitoring and Testing Protocols and Recommendations.--As soon as practicable after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this Act as the ``Administrator'') shall-- (1) review and update existing monitoring protocols as necessary for mercury affecting the coastal recreation waters of the Great Lakes; and (2) develop updated recommendations on testing for the presence of mercury affecting the coastal recreation waters of the Great Lakes, including the presence of mercury in Great Lakes sediment and fish tissue. (b) Publication of Water Quality Criteria.--Nothing in this section shall delay the schedule for publication of new or revised water quality criteria as required by section 304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)). (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary. SEC. 5. STUDY OF GRANT DISTRIBUTION FORMULA. (a) Study.--Not later than 30 days after the date of enactment of this Act, the Administrator shall commence a study of the formula for the distribution of grants under section 406 of the Federal Water Pollution Control Act (33 U.S.C. 1346) for the purpose of identifying potential revisions of that formula. (b) Contents.--In conducting the study under this section, the Administrator shall take into consideration-- (1) the base cost to States of developing and maintaining water quality monitoring and notification programs; (2) the varied beach monitoring and notification needs of the States, including beach mileage, beach usage, and length of beach season; and (3) other factors that the Administrator determines to be appropriate. (c) Consultation.--In conducting the study under this section, the Administrator shall consult with appropriate Federal, State, and local agencies. (d) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the results of the study under this section, including any recommendation for revision of the distribution formula referred to in subsection (a). SEC. 6. IMPACT OF CLIMATE CHANGE ON POLLUTION OF COASTAL RECREATION WATERS. (a) Study.--The Administrator shall conduct a study on the long- term impact of climate change on pollution of coastal recreation waters. (b) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the study conducted under subsection (a). (2) Information on potential contaminant impacts.--The report shall include information on potential contaminant impacts on-- (A) ground and surface water resources; and (B) public and ecosystem health in coastal communities. (3) Monitoring.--The report shall-- (A) address monitoring required to document and assess changing conditions of coastal water resources, recreational waters, and ecosystems; and (B) review the current ability to assess and forecast impacts associated with long-term climate change. (4) Federal actions.--The report shall highlight necessary Federal actions to help advance the availability of information and tools to assess and mitigate the impacts and effects described in paragraphs (2) and (3) in order to protect public and ecosystem health. (5) Consultation.--In developing the report, the Administrator shall work in consultation with agencies active in the development of the National Water Quality Monitoring Network and the implementation of the Ocean Research Priorities Plan and Implementation Strategy. SEC. 7. IMPACT OF NUTRIENTS ON POLLUTION OF COASTAL RECREATION WATERS. (a) Study.--The Administrator shall conduct a study of available scientific information relating to the impacts of nutrient excesses and algal blooms on coastal recreation waters. (b) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the study conducted under subsection (a). (2) Inclusions.--The report under paragraph (1) shall include-- (A) information regarding the impacts of nutrient excesses and algal blooms on coastal recreation waters and coastal communities; and (B) recommendations of the Administrator for actions to be carried out by the Administrator to address those impacts, including, if applicable, through the establishment of numeric water quality criteria. (3) Consultation.--In developing the report under paragraph (1), the Administrator shall work in consultation with the heads of other appropriate Federal agencies (including the National Oceanic and Atmospheric Administration), States, and local governmental entities.

Clean Coastal Environment and Public Health Act of 2011 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Environmental Protection Agency (EPA): (1) upon the publication of the new or revised water quality criteria, to publish a list of all pathogens and pathogen indicators studied in developing such criteria; and (2) specify in performance criteria for monitoring and assessing coastal recreation waters adjacent to beaches or similar points of interest (waters) available methods for monitoring protocols that are most likely to detect pathogenic contamination and the source of that contamination. Requires coastal recreation water quality monitoring and notification programs to include monitoring consistent with such criteria, monitoring, public notification, storm event testing, source tracking, and sanitary surveys. Authorizes such programs to include prevention efforts, not already funded under such Act, to address identified sources of contamination by pathogens and pathogen indicators in such waters that are used by the public. Revises requirements applicable to state recipients of monitoring and notification program grants, including to require recipients to identify: (1) a rapid testing method to detect levels of pathogens or pathogen indicators that are harmful to human health; and (2) measures for communicating the results of a water sample concerning pollutants within two hours of receipt to specified officials, for ensuring that closures or advisories are made within two hours after the receipt of a water quality sample exceeding standards, and for informing the public of identified sources of pathogenic contamination. Sets forth provisions concerning: (1) rapid testing methods, including provisions requiring EPA to publish guidance that requires the use, at waters that are used by the public, of rapid testing methods that will enhance the protection of public health and safety through rapid public notification of any exceedance of applicable water quality standards for pathogens and pathogen indicators; and (2) compliance review. Authorizes appropriations: (1) for grants to states and local governments for developing and implementing monitoring and notification programs for FY2011-FY2015, and (2) to implement the Beaches Environmental Assessment and Coastal Health Act of 2000 through FY2015. Requires the Administrator to review and update existing monitoring protocols for mercury affecting the coastal recreation waters of the Great Lakes and develop updated recommendations on testing for the presence of mercury affecting such waters, including the presence of mercury in Great Lakes sediment and fish tissue. Requires EPA to update within a year and biennially thereafter (currently, periodically) the list indicating which coastal recreation waters adjacent to beaches used by the public are, and which are not, subject to a monitoring and notification program. Requires EPA to study and report to Congress on: (1) possible revision of the formula for the distribution of monitoring and notification program grants, (2) the long-term impact of climate change on pollution of coastal recreation waters, and (3) the impacts of nutrient excesses and algae blooms on coastal recreation waters.

A bill to amend the Federal Water Pollution Control Act to modify provisions relating to beach monitoring, and for other purposes.

SECTION 1. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45G. EMPLOYEE HEALTH INSURANCE EXPENSES. ``(a) General Rule.--For purposes of section 38, in the case of a small employer, the employee health insurance expenses credit determined under this section is an amount equal to the sum of-- ``(1) the expense amount described in subsection (b), and ``(2) the expense amount described in subsection (c), paid by the taxpayer during the taxable year. ``(b) Subsection (b) Expense Amount.--For purposes of this section-- ``(1) In general.--The expense amount described in this subsection is the applicable percentage of the amount of qualified employee health insurance expenses of each qualified employee. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is equal to-- ``(A) 25 percent in the case of self-only coverage, and ``(B) 35 percent in the case of family coverage (as defined in section 220(c)(5)). ``(3) Per employee dollar limitation.--The amount of qualified employee health insurance expenses taken into account under paragraph (1) with respect to any qualified employee for any taxable year shall not exceed-- ``(A) $750 in the case of self-only coverage, and ``(B) $2,450 in the case of family coverage (as so defined). ``(c) Subsection (c) Expense Amount.--For purposes of this section-- ``(1) In general.--The expense amount described in this subsection is, with respect to any taxable year during which a small employer pays qualified employee health insurance expenses for the applicable coverage percentage of the eligible qualified employees of the small employer, the applicable percentage of the amount of qualified employee health insurance expenses of each qualified employee. ``(2) Applicable coverage percentage; applicable percentage.--For purposes of paragraph (1), the applicable coverage percentage and applicable percentage shall be determined under the following table: Applicable ``Applicable coverage percentage: percentage: At least 70 but not more than 80 percent...... 10 percent At least 80 but not more than 90 percent...... 15 percent At least 90 percent........................... 20 percent. ``(3) Eligible qualified employee.--For purposes of paragraph (1), the term `eligible qualified employee' means any qualified employee who is not provided health insurance coverage during the taxable year under-- ``(A) a health plan of the employee's spouse, ``(B) title XVIII, XIX, or XXI of the Social Security Act, ``(C) chapter 17 of title 38, United States Code, ``(D) chapter 55 of title 10, United States Code, ``(E) chapter 89 of title 5, United States Code, ``(F) the Indian Health Care Improvement Act, or ``(G) any other provision of law. ``(d) Limitation Based on Wages.-- ``(1) In general.--The percentage which would (but for this subsection) be taken into account as the applicable percentage for purposes of subsection (b)(2) or (c)(2) for the taxable year shall be reduced (but not below zero) by the percentage determined under paragraph (2). ``(2) Amount of reduction.--The percentage determined under this paragraph is the percentage which bears the same ratio to the percentage which would be so taken into account as-- ``(A) the excess of-- ``(i) the qualified employee's wages at an annual rate during such taxable year, over ``(ii) $20,000, bears to ``(B) $5,000. ``(e) Definitions.--For purposes of this section-- ``(1) Small employer.-- ``(A) In general.--The term `small employer' means, with respect to any calendar year, any employer if such employer employed an average of 25 or fewer employees on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding calendar year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid by an employer for health insurance coverage to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(C) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by section 9832(b)(1). ``(3) Qualified employee.-- ``(A) In general.--The term `qualified employee' means, with respect to any period, an employee of an employer if the total amount of wages paid or incurred by such employer to such employee at an annual rate during the taxable year exceeds $5,000 but does not exceed $25,000. ``(B) Treatment of certain employees.--For purposes of subparagraph (A), the term `employee'-- ``(i) shall not include an employee within the meaning of section 401(c)(1), and ``(ii) shall include a leased employee within the meaning of section 414(n). ``(C) Wages.--The term `wages' has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). ``(D) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 2003, the $25,000 amount contained in subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment 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. ``(ii) Rounding.--If any increase determined under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ``(f) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(g) Denial of Double Benefit.--No deduction or other credit under any other provision of this chapter shall be allowed for that portion of the qualified employee health insurance expenses paid for the taxable year which is equal to the credit determined under subsection (a).''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following: ``(16) the employee health insurance expenses credit determined under section 45G.''. (c) No Carrybacks.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 45g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the employee health insurance expenses credit determined under section 45G may be carried back to a taxable year ending before the date of the enactment of section 45G.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 45G. Employee health insurance expenses.''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2002.

Amends the Internal Revenue Code to allow small business employers a credit against income tax for employee health insurance expenses the employer pays or incurs.Sets forth formula for deriving amount of credit.Specifies that no amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account for purposes of determining the credit.Limits such credit to expenses paid for employees whose total annual wages exceed $5,000 but not $25,000, indexed for inflation.

A bill to amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax for employee health insurance expenses paid or incurred by the employer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthcare Innovation Zone Pilot Act of 2009''. SEC. 2. HEALTHCARE INNOVATION ZONE PILOT PROGRAM. (a) Establishment.--The Secretary of Health and Human Services shall establish a Healthcare Innovation Zone pilot program to increase health care provider integration and align health care provider incentives to reduce the rate of growth of health care costs while improving quality of care for Medicare, Medicaid, and privately insured patients. The HIZ program, by including teaching hospitals, shall provide for the incorporation of new and innovative clinical initiatives for the training of the next generation of physicians, nurses, and other health professionals in a new model of cost- effective, high-quality health care. (b) Features of Program.--The HIZ pilot program established under subsection (a) shall consist of-- (1) an HIZ planning grant program, as described in section 3; and (2) an HIZ pilot project, as described in section 4. SEC. 3. HIZ PLANNING GRANT PROGRAM. (a) Establishment.--Within 6 months after the date of the enactment of this Act, the Secretary shall begin accepting applications for HIZ planning grants. The Secretary will make grants to successful applicants for the purposes of researching and preparing an HIZ design plan, in accordance with subsection (d). (b) Eligibility Requirements.--An applicant for a grant under this section shall be a group of clinical or other entities that provides a full spectrum of health care, including inpatient, outpatient, post- acute, and preventive care, to Medicare beneficiaries, Medicaid enrollees, and other individuals enrolled in private insurance plans. Such applicants must include a teaching hospital, and may include-- (1) other clinical entities, including community hospitals and health centers or physician group practices; (2) schools of medicine or other health professions; and (3) other nonclinical entities, including community organizations. (c) Application.--An application for a grant under this section shall include-- (1) a description of the geographic region to be included in the HIZ established under section 4, including population and health care provider demographics, as well as an estimate of the number of people that could be cared for in the HIZ; (2) a demonstration that the grant applicant has the expertise to engage community and clinical care leaders in developing a design plan for the HIZ that will meet the requirements listed in subsection (e); and (3) a proposed budget setting forth the costs to be incurred in creating the HIZ design plan. (d) Criteria for Awarding Grants.--The Secretary shall give preference to grant applications in which the potential HIZ would care for large and diverse populations and that also demonstrate the commitment of clinical and community partners to participate in the planning process for creating and submitting the HIZ design plan as set forth in subsection (e). (e) HIZ Design Plan Requirements.--A recipient of a grant under this section must submit to the Secretary, within 1 year after receiving such grant funds, an HIZ design plan describing the HIZ to be created in the pilot program under section 4. Such HIZ design plan must contain-- (1) an estimate of the number of people to whom health care will be delivered by the providers in the HIZ using the models of care described in such plan; (2) a description of the legal and management structure of the HIZ Coordinating Entity under which the full spectrum of care would be provided through the HIZ, and that will receive and administer payments received under the pilot program; (3) a description of how the full spectrum of care will be provided and by whom; (4) a description, including supporting financial documentation, of how the HIZ will reduce the rate of increase in Medicare and other health care spending including the level of the reduction and over what time frame such reduction will be achieved; (5) a description of how physician, hospital, and other providers will be integrated and aligned, and how health care delivery processes will be changed to reduce the rate of growth of health care costs while improving quality of care for Medicare, Medicaid, and privately insured patients; (6) a description of the target population to be served by the HIZ; (7) a list and description of quality metrics that will be used to measure quality improvement, including both quality of care and community health status; and cost indicators that best would track cost containment over time; (8) a description of how the HIZ will incorporate the training of the next generation of physicians, nurses, and other health professionals in a new model of cost-effective, high-quality health care; (9) a proposal to address non-financial barriers to the provision of the full spectrum of care, including physician self-referral laws, anti-trust considerations, State laws, and accreditation or certification requirements; (10) a description of the infrastructure and mechanisms to be used to collect, analyze, and appropriately share data among clinical partners; (11) a description of the methods to be used to monitor and track health costs and utilization; (12) a description of a strategy to improve prevention and public health and the health status of the community; (13) a description of mechanisms to achieve involvement by the community and external experts as ongoing partners in and monitors of the HIZ; (14) a description of payment methodology options that address both funding level and mechanisms to distribute funds to HIZ providers; and (15) a description of the start-up and other additional costs that would be required to establish and operate the HIZ. (f) Number and Amount of Planning Grants.--The Secretary shall award no more than 25 grants under this section in an amount of at least $250,000 and not more than $1,000,000 per grant. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for the first fiscal year beginning after the date of enactment of this section and such sums as may be necessary for subsequent fiscal years. SEC. 4. HEALTHCARE INNOVATION ZONE PILOT PROJECT. (a) Establishment.--The Secretary shall establish an HIZ pilot project to test the effectiveness of HIZs in reducing the rate of growth of health care costs while improving quality of care for Medicare, Medicaid, and privately insured patients. (b) Duration.--The pilot project shall operate for a period of at least 3 years and shall be subject to renewal at the Secretary's discretion. (c) Application.--A person who is eligible under section 3(b) may submit an application for participation in the HIZ pilot project to the Secretary at such time and manner, and containing the information described in sections 3(e) and section 4(d) and any such additional information, as the Secretary may require. (d) Requirements.--In addition to the requirements established by the Secretary under subsection (c), to be eligible to participate in the HIZ pilot project under this section, the HIZ providers shall-- (1) provide comprehensive health care services, as defined by the Secretary, to at least 50 percent of the population within the HIZ; (2) maintain or improve the quality of health care services provided under the HIZ, according to metrics approved by the Secretary, and submit the information necessary to the Secretary so that the Secretary may determine whether such maintenance or improvement has occurred; and (3) collect and submit information on changes that are being made to clinical education processes to reflect changes made in the delivery of health care. (e) Payment.--The Secretary shall distribute payments to the HIZ Coordinating Entity so that the aggregate level of payment for all Medicare beneficiaries participating in the HIZ pilot project will be equal to a base level of Medicare payments, as defined by the Secretary, increased by a rate of growth that is 1.5 percentage points less than the projected rate of growth for the HIZ. The Secretary may modify the 1.5 percentage point reduction if the estimated growth rate is lower than the national average. The types of payments subject of this arrangement and additional payment mechanisms shall be at the discretion of the Secretary and each HIZ based on the methodology options submitted by the grant recipient, as set forth under section 3(e)(14). (f) Waiver of Rights to Payment Under Public Programs.--A health care provider receiving payments for patients under this section shall waive any right to additional reimbursement under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) beyond those established under subsection (e) for those services provided to Medicare beneficiaries participating in the HIZ pilot. (g) Waivers.--The Secretary may waive any requirements under titles XI, XVIII, and XIX of the Social Security Act (42 U.S.C. 1301 et seq.; 42 U.S.C. 1395 et seq.; and 42 U.S.C. 1396 et seq.), including the antikickback and civil monetary penalty statutes, and with regard to title XIX, statewideness, comparability, and managed care requirements, as necessary to carry out the pilot program established under this section. In the interest of facilitating the development of HIZ pilot projects, the Secretary shall release a streamlined Medicare or Medicaid waiver application form. Use of such form is voluntary. Nothing contained in the antitrust laws shall be construed to prohibit persons providing health care services as part of a pilot project authorized under this section from lawfully carrying out the legitimate object thereof, nor shall such persons be held or construed to be illegal combinations or conspiracies in restraint of trade under the antitrust laws, if acting in accordance with the business model approved by the Secretary under this section. (h) Reports.-- (1) HIZ report.--A person that establishes an HIZ pilot project under this section shall submit, 2 years after the beginning of such project to the Secretary a report that describes and evaluates the activities of the HIZ. (2) Secretary report.--The Secretary shall submit to Congress an evaluation of the current status of the pilot within 6 months after the end of the first year of the pilot and every year thereafter until the end of pilot. SEC. 5. DEFINITIONS. In this Act: (1) Planning grant program.--The term ``planning grant program'' means the HIZ planning grant program as described in section 3. (2) HIZ.--Each of the terms ``HIZ'' and ``Healthcare Innovation Zone'' mean a geographic region that contains-- (A) clinical and other entities that provide a full spectrum of health care, including inpatient, outpatient, post-acute, and preventive care, to Medicare beneficiaries, Medicaid enrollees, and other individuals enrolled in private insurance plans; and (B) a teaching hospital that has the capacity to conduct health services research and provides clinical training for health professionals. (3) HIZ coordinating entity.--The term ``HIZ Coordinating Entity'' means a legal and management structure that is responsible for overseeing the delivery of the full spectrum of care in the HIZ, and that will receive and administer payments received under the pilot program. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Healthcare Innovation Zone Pilot Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish a Healthcare Innovation Zone (HIZ) pilot program to increase health care provider integration and align provider incentives to reduce the rate of growth of health care costs while improving quality of care for Medicare, Medicaid, and privately insured patients. Defines an "HIZ" as a geographic region that contains clinical and other entities that provide a full spectrum of health care to such patients and a teaching hospital that has the capacity to conduct health services research and provide clinical training for health professionals. Requires the HIZ program to: (1) incorporate innovative clinical initiatives for training health professionals in a new model of cost-effective, high-quality health care; and (2) consist of an HIZ planning grant program and an HIZ pilot project. Directs the Secretary to make up to 25 HIZ planning grants to eligible health care entities for researching and preparing HIZ design plans, which shall describe the HIZ Coordinating Entity (who will receive and administer payments under the program), how care will be provided, how spending will be reduced, how providers will be integrated and delivery processes changed to reduce costs and improve care, the target population,quality improvement metrics, training, data collection mechanisms, methods for monitoring health costs and use, a strategy to improve prevention, mechanisms to achieve community involvement, payment methodology options, and startup and operating costs. Directs the Secretary to establish an HIZ pilot project to test the effectiveness of HIZs in reducing the rate of growth of health care costs while improving quality of care.

To direct the Secretary of Health and Human Services to establish a Healthcare Innovation Zone pilot program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Fighter Aces Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) An American Fighter Ace is a fighter pilot who has served honorably in a United States military service and who has destroyed 5 or more confirmed enemy aircraft in aerial combat during a war or conflict in which American armed forces have participated. (2) Beginning with World War I, and the first use of airplanes in warfare, military services have maintained official records of individual aerial victory credits during every major conflict. Of more than 60,000 United States military fighter pilots that have taken to the air, less than 1,500 have become Fighter Aces. (3) Americans became Fighter Aces in the Spanish Civil War, Sino-Japanese War, Russian Civil War, Arab-Israeli War, and others. Additionally, American military groups' recruited United States military pilots to form the American Volunteer Group, Eagle Squadron, and others that produced American-born Fighter Aces fighting against axis powers prior to Pearl Harbor. (4) The concept of a Fighter Ace is that they fought for freedom and democracy across the globe, flying in the face of the enemy to defend freedom throughout the history of aerial combat. American-born citizens became Fighter Aces flying under the flag of United States allied countries and became some of the highest scoring Fighter Aces of their respective wars. (5) American Fighter Aces hail from every State in the Union, representing numerous ethnic, religious, and cultural backgrounds. (6) Fighter Aces possess unique skills that have made them successful in aerial combat. These include courage, judgment, keen marksmanship, concentration, drive, persistence, and split-second thinking that makes an Ace a war fighter with unique and valuable flight driven skills. (7) The Aces' training, bravery, skills, sacrifice, attention to duty, and innovative spirit illustrate the most celebrated traits of the United States military, including service to country and the protection of freedom and democracy. (8) American Fighter Aces have led distinguished careers in the military, education, private enterprise, and politics. Many have held the rank of General or Admiral and played leadership roles in multiple war efforts from WWI to Vietnam through many decades. In some cases they became the highest ranking officers for following wars. (9) The extraordinary heroism of the American Fighter Ace boosted American morale at home and encouraged many men and women to enlist to fight for America and democracy across the globe. (10) Fighter Aces were among America's most-prized military fighters during wars. When they rotated back to the United States after combat tours, they trained cadets in fighter pilot tactics that they had learned over enemy skies. The teaching of combat dogfighting to young aviators strengthened our fighter pilots to become more successful in the skies. The net effect of this was to shorten wars and save the lives of young Americans. (11) Following military service, many Fighter Aces became test pilots due to their superior flying skills and quick thinking abilities. (12) Richard Bong was America's top Ace of all wars scoring a confirmed 40 enemy victories in WWII. He was from Poplar, Wisconsin, and flew the P-38 Lightning in all his combat sorties flying for the 49th Fighter Group. He was killed in 1945 during a P-80 test flight in which the engine flamed out on takeoff. (13) The American Fighter Aces are one of the most decorated military groups in American history. Twenty-two Fighter Aces have achieved the rank of Admiral in the Navy. Seventy-nine Fighter Aces have achieved the rank of General in the Army, Marines, and Air Force. Nineteen Medals of Honor have been awarded to individual Fighter Aces. (14) The American Fighter Aces Association has existed for over 50 years as the primary organization with which the Aces have preserved their history and told their stories to the American public. The Association established and maintains the Outstanding Cadet in Airmanship Award presented annually at the United States Air Force Academy; established and maintains an awards program for outstanding fighter pilot ``lead-in'' trainee graduates from the Air Force, Navy, and Marine Corps; and sponsors a scholarship program for descendants of American Fighter Aces. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a single gold medal of appropriate design in honor of the American Fighter Aces, collectively, in recognition of their heroic military service and defense of our country's freedom, which has spanned the history of aviation warfare. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the American Fighter Aces, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the American Fighter Aces, and that preference should be given to locations affiliated with the Smithsonian Institution. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 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. SEC. 5. NATIONAL MEDALS. The medal struck pursuant to this Act is a national medal for purposes of chapter 51 of title 31, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

American Fighter Aces Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a single congressional gold medal in honor of the American Fighter Aces, collectively, in recognition of their heroic military service and defense of the nation's freedom. Requires the medal to be given to the Smithsonian Institution for display and research purposes. Expresses the sense of Congress that the medal should be made available for display elsewhere, particularly at locations associated with the American Fighter Aces. Authorizes the Secretary of the Treasury to strike and sell bronze duplicates of the gold medal at a price sufficient to cover the costs of the medals.

American Fighter Aces Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Dog Training Therapy Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING THERAPY. (a) In General.--Commencing not later than 120 days after the date of the enactment of the Act, the Secretary of Veterans Affairs shall carry out a pilot program for the purpose of assessing the effectiveness of addressing post-deployment mental health and post- traumatic stress disorder symptoms through a therapeutic medium of training service dogs for veterans with disabilities. (b) Duration of Pilot Program.--The pilot program required by subsection (a) shall be carried out at least three and not more than five Department of Veterans Affairs medical centers during the five- year period beginning on the date of the commencement of the pilot program. (c) Locations of Pilot Program.--In selecting medical centers for the pilot program required under subsection (a), the Secretary shall ensure that each medical center selected provides a training area for educating veterans with mental health conditions in the art and science of service dog training and handling. Such training area shall-- (1) include a dedicated space that is suitable for grooming and training dogs indoors; (2) be wheelchair accessible; (3) include classroom or lecture space; (4) include office space for staff; (5) include a suitable space for storing training equipment; (6) provide for periodic use of other training areas for training the dogs with wheelchairs and conducting other exercises; (7) include outdoor exercise and toileting space for dogs; and (8) provide transportation for weekly field trips to train dogs in other environments. (d) Design of Pilot Program.--In carrying out the pilot program under this section, the Secretary shall-- (1) administer the program through the Recreation Therapy Service of the Department of Veterans Affairs under the direction of a certified recreational therapist with sufficient administrative experience to oversee all pilot program sites; (2) establish, for purposes of overseeing the training of dogs at medical centers selected for the pilot program, a director of service dog training with a background working in social services, experience in teaching others to train service dogs in a vocational setting, and at least one year of experience working with veterans or active duty service members with post-traumatic stress disorder in a clinical setting; (3) ensure that each pilot program site has certified service dog training instructors; (4) ensure that in selecting assistance dogs for use in the program, dogs residing in animal shelters or foster homes are looked at as an option, if appropriate, and ensure that all dogs used in the program have adequate temperament and health clearances; (5) ensure that each service dog in training participating in the pilot program is taught all essential commands pertaining to service dog skills; (6) ensure that each service dog in training lives at the pilot program site or a volunteer foster home in the vicinity of such site while receiving training; (7) ensure that the pilot program involves both lecture of service dog training methodologies and practical hands-on training and grooming of service dogs; and (8) ensure that the pilot program is designed to-- (A) maximize the therapeutic benefits to veterans participating in the program; and (B) provide well-trained service dogs to veterans with disabilities. (e) Veteran Eligibility.--A veteran with post-traumatic stress disorder or other post-deployment mental health condition may volunteer to participate in the pilot program under subsection (a) if the Secretary determines that there are adequate program resources available for such veteran at the pilot program site. Veterans may participate in the pilot program in conjunction with the compensated work therapy program of the Department of Veterans Affairs. (f) Hiring Preference.--In hiring service dog training instructors under the pilot program under subsection (a), the Secretary shall give a preference to veterans who have successfully graduated from post- traumatic stress disorder or other residential treatment programs and who have received adequate certification in service dog training. (g) Collection of Data.--The Secretary shall collect data on the pilot program required under subsection (a) to determine how effective the program is for the veterans participating in the program. Such data shall include data to determine how effectively the program assists veterans in-- (1) reducing stigma associated with post-traumatic stress disorder or other post-deployment mental health condition; (2) improving emotional regulation; (3) improving patience; (4) instilling or re-establishing a sense of purpose; (5) providing an opportunity to help fellow veterans; (6) reintegrating into the community; (7) exposing the dog to new environments and in doing so, helping the veteran reduce social isolation and withdrawal; (8) building relationship skills, including parenting skills; (9) relaxing the hyper-vigilant survival state; (10) improving sleep patterns; and (11) enabling veterans to decrease the use of pain medication. (h) Reports to Congress.--Not later than one year after the date of the commencement of the pilot program under subsection (a), and each year thereafter for the duration of the pilot program, the Secretary shall submit to Congress a report on the pilot program. Each such report shall include-- (1) the number of veterans participating in the pilot program; (2) a description of the services carried out by the Secretary under the pilot program; (3) the effects that participating in the pilot program has on the following-- (A) symptoms of post-traumatic stress disorder and post-deployment adjustment difficulties, including depression, maintenance of sobriety, suicidal ideations, and homelessness; (B) potentially relevant physiological markers that possibly relate to the interactions with the service dogs; (C) family dynamics; (D) insomnia and pain management; and (E) overall well being; and (4) the recommendations of the Secretary with respect to the extension or expansion of the pilot program. (i) Definition.--For the purposes of this section, the term ``service dog training instructor'' means an instructor who provides the direct training of veterans with post-traumatic stress disorder and other post-deployment issues in the art and science of service dog training and handling.

Veterans Dog Training Therapy Act - Directs the Secretary of Veterans Affairs to carry out a pilot program for assessing the effectiveness of addressing post-deployment mental health and post-traumatic stress disorder symptoms through a therapeutic medium of service dog training and handling for veterans with disabilities. Requires such program to be carried out at Department of Veterans Affairs (VA) medical centers that can provide training areas for such purposes.

To direct the Secretary of Veterans Affairs to carry out a pilot program on dog training therapy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Compensation Cost-of- Living Adjustment Act of 1999''. SEC. 2. REFERENCES TO TITLE 38, UNITED STATES 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 title 38, United States Code. SEC. 3. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) Rate Adjustment.--The Secretary of Veterans Affairs shall, effective on December 1, 1999, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Compensation.--Each of the dollar amounts in effect under section 1114 of title 38, United States Code. (2) Additional compensation for dependents.--Each of the dollar amounts in effect under sections 1115(1) of such title. (3) Clothing allowance.--The dollar amount in effect under section 1162 of such title. (4) New dic rates.--The dollar amounts in effect under paragraphs (1) and (2) of section 1311(a) of such title. (5) Old dic rates.--Each of the dollar amounts in effect under section 1311(a)(3) of such title. (6) Additional dic for surviving spouses with minor children.--The dollar amount in effect under section 1311(b) of such title. (7) Additional dic for disability.--The dollar amounts in effect under sections 1311(c) and 1311(d) of such title. (8) DIC for dependent children.--The dollar amounts in effect under sections 1313(a) and 1314 of such title. (c) Determination of Increase.--(1) The increase under subsection (a) shall be made in the dollar amounts specified in subsection (b) as in effect on November 30, 1999. (2) Except as provided in paragraph (3), each such amount shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 1999, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (3) Each dollar amount increased pursuant to paragraph (2) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount. (d) Special Rule.--The Secretary of Veterans Affairs may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. SEC. 4. PUBLICATION OF ADJUSTED RATES. At the same time as the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2000, the Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b) of section 3, as increased pursuant to that section. SEC. 5. DISABILITY COMPENSATION RATE AMENDMENTS. Section 1114 is amended-- (1) by striking ``$95'' in subsection (a) and inserting ``$96''; (2) by striking ``$182'' in subsection (b) and inserting ``$184''; (3) by striking ``$279'' in subsection (c) and inserting ``$282''; (4) by striking ``$399'' in subsection (d) and inserting ``$404''; (5) by striking ``$569'' in subsection (e) and inserting ``$576''; (6) by striking ``$717'' in subsection (f) and inserting ``$726''; (7) by striking ``$905'' in subsection (g) and inserting ``$916''; (8) by striking ``$1,049'' in subsection (h) and inserting ``$1,062''; (9) by striking ``$1,181'' in subsection (i) and inserting ``$1,196''; (10) by striking ``$1,964'' in subsection (j) and inserting ``$1,989''; (11) by striking ``$2,443'' and ``$3,426'' in subsection (k) and inserting ``$2,474'' and ``$3,470'', respectively; (12) by striking ``$2,443'' in subsection (l) and inserting ``$2,474''; (13) by striking ``$2,694'' in subsection (m) and inserting ``$2,729''; (14) by striking ``$3,066'' in subsection (n) and inserting ``$3,105''; (15) by striking ``$3,426'' each place it appears in subsections (o) and (p) and inserting ``$3,470''; (16) by striking ``$1,471'' and ``$2,190'' in subsection (r) and inserting ``$1,490'' and ``$2,218'', respectively; and (17) by striking ``$2,199'' in subsection (s) and inserting ``$2,227''. SEC. 6. RATE AMENDMENTS FOR ADDITIONAL COMPENSATION FOR DEPENDENTS. Section 1115(1) is amended-- (1) by striking ``$114'' in clause (A) and inserting ``$115''; (2) by striking ``$195'' in clause (B) and inserting ``$197''; (3) by striking ``$78'' in clause (C) and inserting ``$79''; (4) by striking ``$92'' in clause (D) and inserting ``$93''; (5) by striking ``$215'' in clause (E) and inserting ``$217''; and (6) by striking ``$180'' in clause (F) and inserting ``$182''. SEC. 7. RATE AMENDMENT FOR CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 1162 is amended by striking ``$528'' and inserting ``$534''. SEC. 8. RATE AMENDMENTS FOR DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES. (a) New Law Rates.--Section 1311(a) is amended-- (1) by striking ``$850'' in paragraph (1) and inserting ``$861''; and (2) by striking ``$185'' in paragraph (2) and inserting ``$187''. (b) Old Law Rates.--The table in section 1311(a)(3) is amended to read as follows: Monthly Monthly ``Pay grade rate Pay grade rate E-1...................... $861 W-4........ $1,030 E-2...................... 861 O-1........ 909 E-3...................... 861 O-2........ 940 E-4...................... 861 O-3........ 1,004 E-5...................... 861 O-4........ 1,062 E-6...................... 861 O-5........ 1,170 E-7...................... 890 O-6........ 1,318 E-8...................... 940 O-7........ 1,424 E-9...................... \1\980 O-8........ 1,561 W-1...................... 909 O-9........ 1,672 W-2...................... 946 O-10....... \2\1,834 W-3...................... 974 ``\1\If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $1,057. ``\2\If the veteran served as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $1,966.''. (c) Additional DIC for Children.--Section 1311(b) is amended by striking ``$215'' and inserting ``$217''. (d) Aid and Attendance Allowance.--Section 1311(c) is amended by striking ``$215'' and inserting ``$217''. (e) Housebound Rate.--Section 1311(d) is amended by striking ``$104'' and inserting ``$105''. SEC. 9. RATE AMENDMENTS FOR DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN. (a) DIC for Orphan Children.--Section 1313(a) is amended-- (1) by striking ``$361'' in paragraph (1) and inserting ``$365''; (2) by striking ``$520'' in paragraph (2) and inserting ``$526''; (3) by striking ``$675'' in paragraph (3) and inserting ``$683''; and (4) by striking ``$675'' and ``$132'' in paragraph (4) and inserting ``$683'' and ``$133'', respectively. (b) Supplemental DIC for Disabled Adult Children.--Section 1314 is amended-- (1) by striking ``$215'' in subsection (a) and inserting ``$217''; (2) by striking ``$361'' in subsection (b) and inserting ``$365''; and (3) by striking ``$182'' in subsection (c) and inserting ``$184''. SEC. 10. EFFECTIVE DATE. The amendments made by this Act shall take effect on November 30, 1999.

Veterans' Compensation Cost-of-Living Adjustment Act of 1999 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 1999, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Requires each such increase to be the same percentage as the increase provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date, and to be published at the same time the latter increases are published. Revises codified amounts to reflect the December 1, 1998, cost-of-living adjustment to the veterans' compensation rates.

Veterans' Compensation Cost-of-Living Adjustment Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Savings Accounts Act of 2013''. SEC. 2. DEDUCTION FOR CONTRIBUTIONS TO DISASTER SAVINGS ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. DISASTER SAVINGS ACCOUNTS. ``(a) Deduction Allowed.--In the case of an eligible individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid during such taxable year by or on behalf of such individual to a disaster savings account of such individual. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a deduction under subsection (a) to an individual for the taxable year shall not exceed $5,000. ``(2) Partial year of eligibility.--In the case of an individual who is an eligible individual for only a portion of the taxable year, the limitation under paragraph (1) shall be the same proportion of $5,000 as such portion bears to the entire taxable year. ``(c) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual if-- ``(1) such individual owned and used any residence in the United States at any time during the taxable year, and ``(2) while so owned and used, such residence was insured under a policy of a type normally required by a lender holding a mortgage on the residence. ``(d) Disaster Savings Account.--For purposes of this section-- ``(1) In general.--The term `disaster savings account' means a trust created or organized in the United States as a disaster savings account exclusively for the purpose of paying the disaster mitigation expenses of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: ``(A) Except in the case of a rollover contribution described in subsection (f)(5), no contribution will be accepted-- ``(i) unless it is in cash, or ``(ii) to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar limitation in effect under subsection (b). ``(B) The trustee is a bank (as defined in section 408(n)), an insurance company (as defined in section 816), or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) No part of the trust assets will be invested in life insurance contracts. ``(D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(E) The interest of an individual in the balance in his account is nonforfeitable. ``(2) Disaster mitigation expenses.--The term `disaster mitigation expenses' means expenses for any of the following with respect to the residence referred to in subsection (c): ``(A) Safe rooms. ``(B) Opening protection, including impact and wind resistant windows, exterior doors, and garage doors. ``(C) Reinforcement of roof-to-wall and floor-to- wall connections for wind or seismic activity. ``(D) Roof covering for impact, fire, or high wind resistance. ``(E) Cripple and shear walls to resist seismic activity. ``(F) Flood resistant building materials. ``(G) Elevating structures and utilities above base flood elevation. ``(H) Fire resistant exterior wall assemblies/ systems. ``(I) Lightning protection systems. ``(J) Whole home standby generators. ``(K) Any activity specified by the Secretary as appropriate to mitigate the risks of future hazards (including earthquake, flood, hail, hurricane, lightning, power outage, tornado and wildfire) and other natural disasters. ``(3) Account beneficiary.--The term `account beneficiary' means the individual on whose behalf the disaster savings account was established. ``(e) Treatment of Account.-- ``(1) In general.--A disaster savings account is exempt from taxation under this subtitle unless such account has ceased to be a disaster savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc., organizations). ``(2) Account terminations.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to disaster savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay disaster mitigation expenses. ``(f) Tax Treatment of Distributions.-- ``(1) Amounts used for disaster mitigation expenses.--Any amount paid or distributed out of a disaster savings account which is used exclusively to pay disaster mitigation expenses of any account beneficiary shall not be includible in gross income. ``(2) Inclusion of amounts not used for disaster mitigation expenses.--Any amount paid or distributed out of a disaster savings account which is not used exclusively to pay the disaster mitigation expenses of the account beneficiary shall be included in the gross income of such beneficiary. ``(3) Excess contributions returned before due date of return.-- ``(A) In general.--If any excess contribution is contributed for a taxable year to any disaster savings account of an individual, paragraph (2) shall not apply to distributions from the disaster savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if-- ``(i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and ``(ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. ``(B) Excess contribution.--For purposes of subparagraph (A), the term `excess contribution' means any contribution (other than a rollover contribution described in paragraph (5)) which is not deductible under this section. ``(4) Additional tax on distributions not used for disaster mitigation expenses.-- ``(A) In general.--The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a disaster savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 20 percent of the amount which is so includible. ``(B) Exception for disability or death.-- Subparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. ``(5) Rollover contribution.--An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). ``(A) In general.--Paragraph (2) shall not apply to any amount paid or distributed from a disaster savings account to the account beneficiary to the extent the amount received is paid into a disaster savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. ``(B) Limitation.--This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a disaster savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a disaster savings account which was not includible in the individual's gross income because of the application of this paragraph. ``(g) Cost-of-Living Adjustment.-- ``(1) In general.--The $5,000 amount in subsection (b) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins determined by substituting `calendar year 2012' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any increase under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. ``(h) Special Rules.-- ``(1) Denial of deduction to dependents.--No deduction shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(2) Taxable year must be full taxable year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no deduction shall be allowed under this section in the case of a taxable year covering a period of less than 12 months. ``(3) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 219(d)(2) (relating to no deduction for rollovers). ``(B) Section 219(f)(3) (relating to time when contributions deemed made). ``(C) Section 219(f)(5) (relating to employer payments). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodial accounts). ``(F) Section 224(f)(7) (relating to transfer of account incident to divorce). ``(G) Section 224(f)(8) (relating to treatment after death of account beneficiary). ``(i) Reports.--The Secretary may require the trustee of a disaster savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary determines appropriate.''. (b) Deduction Allowed Whether or Not Individual Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Disaster savings accounts.--The deduction allowed by section 224.''. (c) Tax on Excess Contributions.--Section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended-- (1) by striking ``or'' at the end of subsection (a)(4), by inserting ``or'' at the end of subsection (a)(5), and by inserting after subsection (a)(5) the following new paragraph: ``(6) a disaster savings account (within the meaning of section 224(d)),'', and (2) by adding at the end the following new subsection: ``(h) Excess Contributions to Disaster Savings Accounts.--For purposes of this section, in the case of disaster savings accounts (within the meaning of section 224(d)), the term `excess contributions' means the sum of-- ``(1) the aggregate amount contributed for the taxable year to the accounts (other than a rollover contribution described in section 224(f)(5)) which is not allowable as a deduction under section 224 for such year, and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of-- ``(A) the distributions out of the accounts which were included in gross income under section 224(f)(2), and ``(B) the excess (if any) of-- ``(i) the maximum amount allowable as a deduction under section 224(b) for the taxable year, over ``(ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the disaster savings account in a distribution to which section 224(f)(3) applies shall be treated as an amount not contributed.''. (d) Failure To Provide Reports on Disaster Savings Accounts.-- Paragraph (2) of section 6693(a) of such Code (relating to reports) is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively, and by inserting after subparagraph (C) the following new subparagraph: ``(D) section 224(i) (relating to disaster savings accounts),''. (e) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following: ``Sec. 224. Disaster savings accounts.'' ``Sec. 225. Cross reference.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Disaster Savings Accounts Act of 2013 - Amends the Internal Revenue Code to: (1) establish tax-exempt disaster savings accounts to pay the expenses of homeowners for equipment and materials for mitigating the effects of a natural disaster, (2) allow a deduction from gross income (above-the-line deduction) up to $5,000 (adjusted annually for inflation) in a taxable year for cash contributions to such accounts, and (3) set forth tax rules for account distributions and failure to report on disaster savings accounts.

Disaster Savings Accounts Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Democracy and Human Rights in Ethiopia Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Despite progress and an estimated annual growth rate of nearly 10 percent, Ethiopia remains one of the poorest and most famine-prone countries in the world, with more than half of the population of 78,000,000 living on less than $1 per day. (2) Since the collapse of the Derg and overthrow of the Mengistu regime in 1991, the Ethiopian Peoples' Revolutionary Democratic Front (EPRDF)-led government has overseen the introduction of a multiparty system and the drafting of a new constitution that guarantees economic, social, and cultural rights and states that ``human and democratic rights of peoples and citizens shall be protected.'' (3) Ethiopia and Eritrea fought a bloody border war between 1998 and 2000, and, despite the Algiers Accord ending the conflict and the agreement to abide by the final and biding Ethiopia-Eritrea Border Commission (EEBC) arbitration, the Government of Ethiopia has refused to comply with the final physical demarcation of the border and the Government of Eritrea has virtually expelled the United Nations peacekeeping force, resulting in a high risk of renewed fighting and regional instability. (4) Following high turnout and marked improvement in pre- election campaigning and voting in the third general elections of the Government of Ethiopia held on May 15, 2005, widespread charges of violations in the finally tallying and inadequate response to opposition complaints resulted in observer findings that the elections failed to satisfy international standards. (5) Subsequent opposition progress led to a crackdown by EPRDF security forces in which 763 civilians were injured and 193 killed, and thousands more opposition party leaders and their followers were detained, 112 of whom were not released until the summer of 2007. (6) In its 2007 ``Countries at a Crossroads'' report, Freedom House noted that ``[i]ncreased threats to and violations of civil liberties were a consequence of the political tensions that sprang from the flawed 2005 elections.'' (7) In December 2006, military forces of the Government of Ethiopia came to the aid of Somalia's Transitional Federal Government against the Islamic Courts Union (ICU) and continue to serve as the primary security force for the United Nations- backed transitional government in Mogadishu. (8) Credible nongovernmental organizations report widespread violations of human rights and international law by the Ethiopian military in Mogadishu and other areas of Somalia, as well as in the Ogaden region of Ethiopia. (9) According to the Department of State's 2007 Country Reports on Human Rights Practices, ``human rights abuses [in Ethiopia] . . . include: limitation on citizens' right to change their government during the most recent elections; unlawful killings, and beating, abuse, and mistreatment of detainees and opposition supporters by security forces; poor prison conditions; arbitrary arrest and detention . . . use of excessive force by security services in an internal conflict and counter-insurgency operations; restrictions on freedom of the press; etc.'' (10) The Department of State's 2007 Country Reports on Human Rights Practices also stated that ``[Ogaden National Liberation Front] ONLF forces . . . were responsible for widespread human rights abuses, including killings and the diversion of food supplies resulting in the displacement of thousands of persons.'' (11) In June 2007, in response to this violence, including the deadly April 2007 attacks on a Chinese oil exploration site in the Ogaden and at a May 2007 political rally, the Prime Minister of Ethiopia, Meles Zenawi, announced that the Government of Ethiopia was launching a ``political and military operation to contain the activities of the ONLF,'' which, according to credible reports, has resulted in the displacement of thousands of civilians to government-designated ``protection zones,'' while thousands more have fled across Ethiopia's borders. (12) Although the Government of Ethiopia has legitimate security concerns in the Ogaden, and, according to the Department of State's 2007 Country Report on Terrorism, ``Ethiopian forces [also] countered Somali-based extremists who attempted to conduct attacks inside Ethiopia,'' a number of credible media accounts, human rights organizations, and humanitarian agencies have documented the ENDF's unjustifiably brutal tactics against its own citizens there, as has been previously been reported in other regions of the country including Oromiya, Amhara, and Gambella. (13) In May 2008, the Government of Ethiopia circulated a draft law that claims to be a tool to enhance the transparency and accountability of civil society organizations, but if enacted, is instead likely to create a complex web of onerous bureaucratic hurdles, draconian criminal penalties, and intrusive powers of surveillance that would further decrease the political space available for civil society activities. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to support the efforts by the people and Government of Ethiopia-- (A) to achieve a participatory multiparty democracy, an active and unhindered civil society, rule of law and accountability, judicial capacity and independence, freedom of the press, respect for human rights, and economic development; and (B) to combat extremism and terrorism in their country and the region; (2) to promote stability, democracy, accountability, social and economic development, human and political rights, humanitarian assistance, the rule of law and accountability, and counterterrorism efforts in Ethiopia and the wider Horn of Africa; (3) to seek the unconditional release of all political prisoners and prisoners of conscience in Ethiopia; (4) to prohibit United States funding to any unit of the Ethiopian security forces if there is credible evidence that a unit of the security forces has committed gross violations of human rights, unless the Secretary of State has determined and reports to the appropriate congressional committees that the Ethiopian government is taking effective measures to bring the responsible members of the security forces unit to justice; and (5) to contribute to regional peace and stability by urging the Government of Ethiopia to comply with the EEBC arbitration decisions on border demarcation, urging the Government of Eritrea to permit a United Nations peacekeeping presence, and pressing both Governments to ensure that they are playing a productive role in helping to bring about stability along the border and throughout the Horn of Africa, including in Somalia. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the United States Government should-- (1) build on successful diplomatic efforts that contributed to the October 2007 release of political prisoners in Addis; (2) urge the Government of Ethiopia to protect the constitutional rights and freedoms of all Ethiopian citizens; (3) encourage the Government of Ethiopia to enter into discussions with political groups interested in reconciliation in order to bring such groups into full participation in the political and economic affairs of Ethiopia; (4) call on the Government of Ethiopia to allow human rights and humanitarian groups and the media to undertake their work in all regions of Ethiopia without intimidation or harassment while ensuring they are protected from any threats regardless of their political affiliations; (5) encourage and assist the United Nations and other independent organizations and the media in investigating credible reports of grave violations of human rights or international humanitarian law, publishing any evidence of serious abuse, and sending strong and consistent messages to the Government of Ethiopia that the continuation of such violations or impunity for the perpetrators of crimes in the Ogaden region, Ethiopia more generally, or in Somalia carry consequences; and (6) encourage the Governments of both Ethiopia and Eritrea to take steps to lessen tensions, physically demarcate the border in accord with the EEBC decision, and promote normalization of relations between the two countries. SEC. 5. SUPPORT FOR DEMOCRACY AND HUMAN RIGHTS IN ETHIOPIA. (a) Authority.--Subject to subsection (b) and notwithstanding any other provision of law, the President should take additional steps to support the implementation of democracy and governance institutions and organizations in Ethiopia consistent with the provisions of the Ethiopian Constitution of 1994 and related national law, including-- (1) to support democracy development in Ethiopia, including developing the capacity of government and civil society organizations to undertake free, fair, and peaceful elections, strengthen good governance practices, and encourage transparency and accountability, in accordance with international norms and standards; (2) to support the autonomy and fundamental freedoms of national and international civil society organizations to effectively pursue these objectives without excessive government regulation or intimidation; (3) to promote and bolster the independence of the judiciary in Ethiopia, including developing capacity at the national, regional, and local levels; (4) to support programs to defend and protect the human rights of all the people of Ethiopia, especially women and minorities; (5) to expand programming of the Voice of America and other independent media in Ethiopia and ensure they are able to broadcast without interference; (6) to support efforts of the international community to gain full access to the Ogaden and other conflict-affected regions throughout the country to provide humanitarian and development assistance; and (7) to support a United Nations Special Envoy to launch a comprehensive dialogue process that seeks to bring about the normalization of economic and political relations between Ethiopia and Eritrea and works with the governments of both countries to address issues of stability both along their shared border as well as more broadly across the Horn of Africa, including in Somalia. (b) Authorization of Appropriations.--There is authorized to be appropriated $20,000,000 for fiscal year 2009 to carry out this section. (c) Conditions.-- (1) In general.--Assistance provided pursuant subsection (b) shall be allocated and dispersed in a fully transparent manner. (2) Congressional notification.--Funds made available to the Government of Ethiopia under subsection (b) and all other nonessential funds made available to the Government of Ethiopia under any other provision of law shall be subject to the regular notification requirements with respect to the appropriate congressional committees. (3) Discontinuation in event of government obstruction.-- The President shall cease the provision of assistance provided under subsection (b) if the Government of Ethiopia acts to obstruct such assistance. (d) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall prepare and submit to the appropriate congressional committees a report that describes the activities undertaken pursuant to subsection (a), including a description of amounts committed, and the amounts provided, to Ethiopia during the reporting period. SEC. 6. OFFSETS. Of the amounts available to the National Aeronautics and Space Administration for fiscal year 2009, $20,000,000 shall be available to carry out the provisions of this Act. SEC. 7. DEFINITIONS. In this Act: (1) The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) The term ``non-essential United States assistance'' means assistance authorized under any provision of law, other than humanitarian assistance, food aid programs, assistance to combat HIV/AIDS and other healthcare assistance, and peacekeeping assistance.

Support for Democracy and Human Rights in Ethiopia Act of 2008 - States that the President should take additional steps to support the implementation of democracy and governance institutions and organizations in Ethiopia consistent with the Ethiopian Constitution of 1994 and related national law, including: (1) support of democracy development; (2) promotion of judicial independence; (3) support of human rights programs, especially regarding women and minorities; (4) expansion of the Voice of America (VOA) and other independent media; (5) support of international efforts to gain full access to the Ogaden and other conflict-affected regions; and (6) support of a United Nations Special Envoy to launch a dialogue to bring about the normalization of relations between Ethiopia and Eritrea and who works with both governments to address issues of stability both along their border as well as more broadly across the Horn of Africa, including in Somalia. Authorizes appropriations.

A bill to reaffirm United States objectives in Ethiopia and encourage critical democratic and humanitarian principles and practices, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity in Government Compensation Act of 2011''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the Federal National Mortgage Association (known as Fannie Mae) and the Federal Home Loan Mortgage Corporation (known as Freddie Mac), which are both privately owned but publicly chartered Government-sponsored enterprises (GSEs), were at the center of the mortgage market meltdown that caused the financial crisis that commenced in 2008; (2) the failures of Fannie Mae and Freddie Mac helped precipitate the deepest economic decline since World War II; (3) in September 2008, the Bush Administration, Federal Reserve Board, and Federal Housing Finance Agency (FHFA) exercised authority granted by the Congress to place the two GSEs in conservatorship, a form of nationalization that puts the regulators firmly in control of the GSEs' daily operations; (4) in September 2008, the Bush Administration established a $200 billion facility to purchase senior preferred stock in the enterprises to backstop their losses; (5) in February 2009, the Obama Administration raised the senior preferred stock purchase commitment to $400 billion; (6) on Christmas Eve 2009, the Obama Administration removed any limits on the use of Federal funds to cover losses at the enterprises, significantly expanding a commitment that has resulted in the expenditure of so far nearly $175 billion in taxpayer funds to purchase senior preferred stock in the two enterprises; (7) as a result of the Government's actions, the taxpayers of the United States now own nearly 80 percent of the two GSEs; (8) the Congressional Budget Office has concluded that Fannie Mae and Freddie Mac have effectively become Government entities whose operations should be included in the Federal budget; (9) the GSEs are expected to be a long-term drain on the taxpayers as a result of market conditions and the political and public policy mandates imposed on them by the Administration and the Congress; (10) in spite of these liabilities, the Treasury Department and FHFA approved compensation packages for the chief executive officers of Fannie Mae and Freddie Mac in 2009, 2010, and 2011 that were nearly 15 times greater than the annual compensation of the President of the United States and 30 times greater than the annual compensation of a Cabinet Secretary; (11) the Treasury Department and the FHFA also approved multi-million dollar compensation packages for a number of the GSEs' top executives, payable in cash rather than in the type of stock options that have characterized compensation arrangements at other large financial institutions that have received extraordinary government assistance; (12) on September 17, 2008, FHFA determined that no executive officer of Fannie Mae or Freddie Mac would be entitled to receive a cash bonus or long-term incentive awards for 2008; (13) FHFA's five-year Strategic Plan for Fannie Mae and Freddie Mac includes a commitment that the GSEs will operate in a safe and sound manner; and (14) section 1318(c) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4518(c), as added by section 1113(a)(4) of the Housing and Economic Recovery Act of 2008 (Public Law 110-289; 122 Stat. 2678)), permits the Director of FHFA to withhold any payment, transfer, or disbursement of compensation to an executive officer, or to place such compensation in an escrow account, during the review of the reasonableness and comparability of compensation. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Employee.--The term ``employee'' means an employee of an enterprise, except that such term does not include any employee who would be defined as a prevailing rate employee (as defined in section 5342(2) of title 5, United States Code) if such employee were employed by an agency (as defined in paragraph (1) of such section). (3) Enterprise.--The term ``enterprise'' means-- (A) the Federal National Mortgage Association and any affiliate thereof; and (B) the Federal Home Loan Mortgage Corporation and any affiliate thereof. (4) Executive officer.--The term ``executive officer'' has the same meaning as is given such term in section 1303(12) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502(12)). SEC. 4. REASONABLE PAY FOR EXECUTIVE OFFICERS. (a) Suspension of Current Compensation Packages.--The Director shall suspend the compensation packages approved for 2011 for the executive officers of an enterprise and, in lieu of such packages, subject to the limitation under subsection (d), establish a compensation system for the executive officers of such enterprise in accordance with the schedules of compensation and benefits established and adjusted pursuant to section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833b). (b) Clawback of 2010 and 2011 Compensation.-- (1) Sense of the congress.--It is the sense of the Congress that each executive officer performing services for an enterprise on the date of the enactment of this Act whose compensation package is suspended under subsection (a) should return to the Secretary of the Treasury any compensation earned in 2010 and 2011 that was in excess of the maximum annual rate of basic pay authorized for a position in level I of the Executive Schedule. (2) Use to reduce national debt.--The Secretary of the Treasury shall transfer any amounts referred to in paragraph (1) that are returned to the Secretary to the special account established by section 3113(d) of title 31, United States Code (relating to reducing the public debt). (c) Additional Requirement.--An executive officer of an enterprise shall be subject to section 111 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5221), which relates to executive compensation and corporate governance. (d) Limitation on Compensation.--An executive officer of an enterprise whose compensation package is suspended under subsection (a) shall not be compensated more than the highest compensated employee of the Federal Housing Finance Agency. SEC. 5. COMPENSATION RATE OF EMPLOYEES OF FANNIE MAE AND FREDDIE MAC. (a) In General.--During any period that an enterprise is federally chartered under the Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.) or the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.), the compensation of the positions held by employees shall be in accordance with this section. (b) Conversion of Compensation Rate for Current Employees.-- (1) In general.--Except for as provided in section 4, effective for pay periods beginning after the date of the enactment of this Act, the Director shall fix the rate of basic compensation of positions held by employees performing services for an enterprise as of the date of the enactment of this Act in accordance with the General Schedule set forth in section 5332 of title 5, United States Code. In fixing such rate-- (A) if the employee is receiving a rate of basic compensation that is less than the minimum rate of basic compensation of the appropriate grade of the General Schedule in which his or her position is placed, such employee's rate of basic compensation shall be increased to such minimum rate; (B) if the employee is receiving a rate of basic compensation that is equal to a rate of basic compensation of the appropriate grade of the General Schedule in which his or her position is placed, such employee's rate of basic compensation shall be equal to that rate of basic compensation of the appropriate grade of the General Schedule; (C) if the employee is receiving a rate of basic compensation that is between 2 rates of basic compensation of the appropriate grade of the General Schedule in which his or her position is placed, such employee's rate of basic compensation shall be at the higher of those 2 rates under the General Schedule; and (D) if the employee is receiving a rate of basic compensation that is in excess of the maximum rate of basic compensation of the appropriate grade of the General Schedule in which his or her position is placed, such employee's rate of basic compensation shall be reduced to such maximum rate. (2) Not considered transfers or promotions.--The conversion of positions and employees to the appropriate grades of the General Schedule and the initial adjustment of rates of basic compensation of those positions and employees provided for by this subsection, shall not be considered to be transfers or promotions within the meaning of section 5334(b) of title 5, United States Code, and the regulations issued thereunder. (3) Credit for increase in compensation before adjustment.--Each employee performing services for an enterprise on the date of the enactment of this Act whose position is converted under this subsection to the General Schedule and who prior to the initial adjustment of his or her rate of basic compensation under paragraph (1) has earned, but has not been credited with, an increase in that rate, shall be granted credit for such increase before his or her rate of basic compensation is initially adjusted under such paragraph. (4) Service performed since last compensation increase.-- Each employee performing services for an enterprise on the date of the enactment of this Act whose position is converted under this subsection to the General Schedule shall be granted credit, for purposes of his or her first step increase under the General Schedule, for all satisfactory service performed since his or her last increase in compensation prior to the initial adjustment of his or her rate of basic compensation under paragraph (1). (5) Compensation increase under this section.--An increase in the rate of basic compensation by reason of the enactment of paragraph (1) shall not be considered to be an equivalent increase with respect to step increases for employees whose positions are converted to the General Schedule under authority of this subsection. (c) New Employees.--Except for as provided in section 4, the grade and rate of basic pay of any individual beginning employment with an enterprise after the date of enactment of this Act shall be fixed in accordance with the General Schedule set forth in section 5332 of title 5, United States Code. SEC. 6. FANNIE AND FREDDIE EMPLOYEES NOT FEDERAL EMPLOYEES. Any executive officer or employee affected by any provision under sections 4 and 5, respectively, shall not be considered a Federal employee.

Equity in Government Compensation Act of 2011 - Requires the Director of the Federal Housing Finance Agency to: (1) suspend the compensation packages approved for 2011 for the executive officers of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government-sponsored enterprises or GSEs); and (2) establish, in lieu of such packages, a compensation system for such officers in accordance with the schedules of compensation and benefits established and adjusted pursuant to the compensation schedule comparability requirements of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. Expresses the sense of Congress that each executive officer of Fannie Mae and Freddie Mac performing services for an enterprise on the date of enactment of this Act whose compensation package is suspended should return to the Secretary of the Treasury (clawback) any compensation earned in 2010 and 2011 that was in excess of the maximum annual rate of basic pay authorized for a position in level I of the Executive Schedule. Instructs the Secretary of the Treasury to transfer any such amounts returned to the Secretary to a specified account in the Treasury for receiving gifts and proceeds from their sale or redemption, and dedicated to reducing the public debt. Subjects Fannie Mae and Freddie Mac executive officers to the executive compensation requirements of the Emergency Economic Stabilization Act of 2008. Prohibits the compensation of any executive officer of Fannie Mae or Freddie Mac whose compensation package is suspended under this Act from exceeding the compensation of the highest compensated employee of the Federal Housing Finance Agency. Establishes requirements for determining compensation rates for GSE employees according to the General Schedule for federal civil service employees. Declares that Fannie Mae and Freddie Mac employees shall not be considered federal employees.

To suspend the current compensation packages for the senior executives of Fannie Mae and Freddie Mac and establish compensation for such positions in accordance with rates of pay for senior employees in the Executive Branch of the Federal Government, and for other purposes.

SECTION 1. JUDICIAL STRUCTURE OF GUAM. (a) Judicial Authority; Courts.--Section 22(a) of the Organic Act of Guam (48 U.S.C. 1424(a)) is amended to read as follows: ``(a)(1) The judicial authority of Guam shall be vested in a court established by Congress designated as the `District Court of Guam', and a judicial branch of Guam which branch shall constitute a unified judicial system and include an appellate court designated as the `Supreme Court of Guam', a trial court designated as the `Superior Court of Guam', and such other lower local courts as may have been or shall hereafter be established by the laws of Guam. ``(2) The Supreme Court of Guam may, by rules of such court, create divisions of the Superior Court of Guam and other local courts of Guam. ``(3) The courts of record for Guam shall be the District Court of Guam, the Supreme Court of Guam, the Superior Court of Guam (except the Traffic and Small Claims divisions of the Superior Court of Guam) and any other local courts or divisions of local courts that the Supreme Court of Guam shall designate.''. (b) Jurisdiction and Powers of Local Courts.--Section 22A of the Organic Act of Guam (48 U.S.C. 1424-1) is amended to read as follows: ``Sec. 22A. (a) The Supreme Court of Guam shall be the highest court of the judicial branch of Guam (excluding the District Court of Guam) and shall-- ``(1) have original jurisdiction over proceedings necessary to protect its appellate jurisdiction and supervisory authority and such other original jurisdiction as the laws of Guam may provide; ``(2) have jurisdiction to hear appeals over any cause in Guam decided by the Superior Court of Guam or other courts established under the laws of Guam; ``(3) have jurisdiction to issue all orders and writs in aid of its appellate, supervisory, and original jurisdiction, including those orders necessary for the supervision of the judicial branch of Guam; ``(4) have supervisory jurisdiction over the Superior Court of Guam and all other courts of the judicial branch of Guam; ``(5) hear and determine appeals by a panel of three of the justices of the Supreme Court of Guam and a concurrence of two such justices shall be necessary to a decision of the Supreme Court of Guam on the merits of an appeal; ``(6) make and promulgate rules governing the administration of the judiciary and the practice and procedure in the courts of the judicial branch of Guam, including procedures for the determination of an appeal en banc; and ``(7) govern attorney and judicial ethics and the practice of law in Guam, including admission to practice law and the conduct and discipline of persons admitted to practice law. ``(b) The Chief Justice of the Supreme Court of Guam-- ``(1) shall preside over the Supreme Court unless disqualified or unable to act; ``(2) shall be the administrative head of, and have general supervisory power over, all departments, divisions, and other instrumentalities of the judicial branch of Guam; and ``(3) may issue such administrative orders on behalf of the Supreme Court of Guam as necessary for the efficient administration of the judicial branch of Guam. ``(c) The Chief Justice of the Supreme Court of Guam, or a justice sitting in place of such Chief Justice, may make any appropriate order with respect to-- ``(1) an appeal prior to the hearing and determination of that appeal on the merits; or ``(2) dismissal of an appeal for lack of jurisdiction or failure to take or prosecute the appeal in accordance with applicable laws or rules of procedure. ``(d) Except as granted to the Supreme Court of Guam or otherwise provided by this Act or any other Act of Congress, the Superior Court of Guam and all other local courts established by the laws of Guam shall have such original and appellate jurisdiction over all causes in Guam as the laws of Guam provide, except that such jurisdiction shall be subject to the exclusive or concurrent jurisdiction conferred on the District Court of Guam under section 22 of this Act. ``(e) The qualifications and duties of the justices and judges of the Supreme Court of Guam, the Superior Court of Guam, and all other local courts established by the laws of Guam shall be governed by the laws of Guam and the rules of such courts.''. (c) Technical Amendments.--(1) Section 22C(a) of the Organic Act of Guam (48 U.S.C. 1424-3(a)) is amended by inserting ``which is known as the Supreme Court of Guam,'' after ``appellate court authorized by section 22A(a) of this Act,''. (2) Section 22C(d) of the Organic Act of Guam (48 U.S.C. 1424-3(d)) is amended-- (A) by inserting ``, which is known as the Supreme Court of Guam,'' after ``appellate court provided for in section 22A(a) of this Act''; and (B) by striking ``taken to the appellate court'' and inserting ``taken to such appellate court''. SEC. 2. APPEALS TO UNITED STATES SUPREME COURT. Section 22B of the Organic Act of Guam (48 U.S.C. 1424-2) is amended by striking ``: Provided, That'' and all that follows through the end and inserting a period.

Amends the Organic Act of Guam to revise the local judicial structure of Guam to vest judicial authority, not only in the District Court of Guam (as currently), but also in a unified judicial system composed of: (1) an appellate court designated as the "Supreme Court of Guam"; (2) a trial court designated as the "Superior Court of Guam"; and (3) such other lower local courts as may have been or may hereafter be established by the laws of Guam. Authorizes the Supreme Court of Guam to create divisions of the Superior Court and other local courts of Guam.Lists the courts of record for Guam.Outlines the jurisdiction and powers of the local courts.Provides that the qualifications and duties of the justices and judges of the courts shall be governed by the laws of Guam and the rules of such courts.Repeals provisions granting the United States Court of Appeals for the Ninth Circuit jurisdiction to review all final decisions of the Supreme Court of Guam (effectively allowing direct review of such decisions to the Supreme Court of the United States).

To amend the Organic Act of Guam for the purposes of clarifying the local judicial structure of Guam.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fallen Heroes of 9/11 Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds that-- (1) since September 11, 2001, the United States has been engaged in a war different from any other in the history of our Nation; (2) in the eyes of the terrorists, we are all the enemy, and the term ``innocent civilian'' has no meaning for such terrorists; (3) the deaths by airplane at the World Trade Center, at the Pentagon, and in rural Pennsylvania represent an escalation of direct terrorist attacks on civilians; (4) the officers, emergency workers, and other employees of State and local government agencies, including the Port Authority of New York and New Jersey, and of the United States Government and others, who responded to the attacks on the World Trade Center in New York City and perished as a result of the tragic events of September 11, 2001 (including those who are missing and presumed dead), took heroic and noble action on that day; (5) the officers, emergency rescue workers, and employees of local and United States Government agencies, who responded to the attack on the Pentagon in Washington, D.C., took heroic and noble action to evacuate the premises and prevent further casualties of Pentagon employees; (6) the passengers and crew of United Airlines Flight 93, recognizing the potential danger that the aircraft that they were aboard posed to large numbers of innocent Americans, American institutions, and the symbols of American democracy, took heroic and noble action to ensure that the aircraft could not be used as a weapon; and (7) given the unprecedented nature of the attacks against the United States of America and the need to properly demonstrate the support of the country for the victims of terrorism, it is fitting that their sacrifice be recognized with the award of an appropriate medal. SEC. 3. FALLEN HEROES OF 9/11 CONGRESSIONAL MEDALS. (a) Presentation Authorized.--The President is authorized, on behalf of Congress, to award to the personal representative or next of kin of each individual referred to in subsection (c), a medal of appropriate design, such medal to be known as the ``Fallen Heroes of 9/ 11 Congressional Medal'', in recognition of the sacrifice made by each such individual, and to honor their deaths on and following September 11, 2001. (b) Design and Striking.-- (1) In general.--For purposes of the presentations referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike 3 medals, of such content and with such suitable emblems, devices, and inscriptions as the Secretary determines to be appropriate to be representative of and in honor of, respectively-- (A) victims of the attack at the World Trade Center, including civilians, public safety officers, emergency workers, and hijack victims; (B) victims aboard United Airlines Flight 93 that crashed in Pennsylvania; and (C) victims at the Pentagon, including the hijack victims. (2) Consultation.--Before making a final determination with respect to the design of the medal under this subsection, the Secretary shall consult with the Secretary of Defense and such other parties as the Secretary may determine to be appropriate. (c) Eligibility To Receive Medal.-- (1) In general.--Any individual who died on or after September 11, 2001, as a direct result of the act of terrorism within the United States on that date, shall be eligible for a medal authorized by subsection (a). (2) Determination.--Eligibility under paragraph (1) shall be determined by the Secretary, in consultation with such other officers of the United States Government and State and local officials as the Secretary determines to be appropriate. SEC. 4. DUPLICATE MEDALS. (a) Recipients of Duplicate Medals.--The Secretary shall strike duplicates of the medals struck pursuant to section 3 for presentation to each precinct house, firehouse, emergency response station, or other duty station or place of employment to which each person referred to in subsection (b) was assigned on September 11, 2001, for permanent display in each such place in a manner befitting the memory of such person. (b) Public Safety, Emergency, and Other Workers.--Persons referred to in this subsection are officers, emergency workers, and other employees of State and local government agencies, including the Port Authority of New York and New Jersey, and of the United States Government and others, who responded to the attacks on the World Trade Center in New York City on September 11, 2001, and perished as a direct result of that act of terrorism (including those who are missing and presumed dead). SEC. 5. ESTABLISHMENT OF LISTS OF RECIPIENTS. (a) Initial Lists.--Before the end of the 120-day period beginning on the date of enactment of this Act, the Secretary shall establish-- (1) a list of the names of individuals eligible to receive a medal under section 3(c)(1), during the period beginning on September 11, 2001, and ending on the date of enactment of this Act; and (2) a list of the eligible recipients of a duplicate medal under section 4. (b) Subsequent Eligibility.--If any individual becomes eligible for a medal under section 3(c)(1), or any other recipient becomes eligible for a duplicate medal under section 4, the Secretary shall promptly add the name of that individual or recipient to the appropriate list established pursuant to subsection (a). SEC. 6. SALES OF DUPLICATE MEDALS TO THE PUBLIC TO DEFRAY COSTS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates of the medals struck under this Act, at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 7. NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.

Fallen Heroes of 9/11 Act - Authorizes the President to award a medal to be known as the "Fallen Heroes of 9/11 Congressional Medal," to the personal representative or next of kin of individuals killed as a result of the terrorist attacks of September 11, 2001, in recognition of their sacrifice and to honor their deaths. Instructs the Secretary of the Treasury to strike three medals, to be representative of and in honor of, respectively: (1) victims of the attack at the World Trade Center, including civilians, public safety officers, emergency workers, and hijack victims; (2) victims aboard United Airlines Flight 93 that crashed in Pennsylvania; and (3) victims at the Pentagon, including the hijack victims. Declares eligible for such medal any individual who died on or after September 11, 2001, as a direct result of that act of terrorism within the United States. States the medals are national medals.

A bill to provide for a medal of appropriate design to be awarded by the President to the next of kin or other representative of those individuals killed as a result of the terrorist attacks of September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Involvement in Campaigns Act of 2002''. SEC. 2. TAX CREDIT FOR CERTAIN POLITICAL CONTRIBUTIONS. (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 POLITICAL 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 all political contributions paid by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) shall not exceed $200 ($400 in the case of a joint return). ``(2) Verification.--The credit allowed by subsection (a) shall be allowed with respect to any political contribution only if such contribution is verified in such manner as the Secretary shall prescribe by regulation. ``(c) Definitions.--For purposes of this section-- ``(1) Political contribution.--The term `political contribution' means a contribution or gift of money, or the fair market value of a contribution or gift of property, to-- ``(A) an individual who is a candidate for nomination or election to any Federal elective public office in any primary, general, or special election, for use by such individual to further the candidacy of the individual for nomination or election to such office, or ``(B) the national committee of a national political party. ``(2) Candidate.--The term `candidate' means, with respect to any Federal elective public office, an individual who-- ``(A) publicly announces before the close of the calendar year following the calendar year in which the political contribution is made that the individual is a candidate for nomination or election to such office; and ``(B) meets the qualifications prescribed by law to hold such office. ``(3) National political party.--The term `national political party' means-- ``(A) in the case of political contributions made during a taxable year of the taxpayer in which the electors of President and Vice President are chosen, a political party presenting candidates or electors for such offices on the official election ballot of ten or more States; or ``(B) in the case of political contributions made during any other taxable year of the taxpayer, a political party which met the qualifications described in subparagraph (A) in the last preceding election of a President and Vice President. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit allowed under this section. ``(e) Cross References.-- ``For transfer of appreciated property to a political organization, see section 84. ``For certain indirect contributions to political parties, see section 276.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code (relating to nonrefundable personal credits) is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Credit for political contributions.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31 of the calendar year in which this Act is enacted. SEC. 3. DEDUCTION FOR CERTAIN POLITICAL CONTRIBUTIONS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 223 as section 224 and by inserting after section 222 the following new section: ``SEC. 223. POLITICAL CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the qualified political contributions made by the taxpayer during the taxable year. ``(b) Limitation.--The amount allowed as a deduction under subsection (a) for the taxable year shall not exceed $600 ($1200 in the case of a joint return). ``(c) Qualified Political Contribution.--For purposes of this section, the term `qualified political contribution' shall have the meaning given the term `political contribution' by section 25C(c)(1).''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (18) the following new item: ``(19) Qualified political contributions.--The deduction allowed by section 223.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 223. Political contributions. ``Sec. 224. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31 of the calendar year in which this Act is enacted.

Citizen Involvement in Campaigns Act of 2002 - Permits an individual a tax credit of up to $200 ($400 in the case of a joint return), equal to the verified amount of certain political contributions the individual made during the taxable year. Denies a deduction for any amount taken into account in determining the credit permitted in this Act.Allows a deduction of up to $600 ($1200 for a joint return). Allows the deduction whether or not a taxpayer itemizes other deductions.

To amend the Internal Revenue Code of 1986 to provide a credit and a deduction for small political contributions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Law Enforcement and Mental Health Project''. SEC. 2. MENTAL HEALTH DIVERSION COURTS. (a) Amendment.--Part V of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows: ``PART V--MENTAL HEALTH DIVERSION COURTS ``SEC. 2201. GRANT AUTHORITY. ``The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or nonprofit entities, for 25 programs that involve-- ``(1) continuing judicial supervision, including periodic review at least every 45 days, over preliminarily qualified offenders with mental illness, mental retardation, or co- occurring mental illness and substance abuse disorders who are charged with nonviolent misdemeanors, for a period not to exceed 1 year; and ``(2) the integrated administration of services, which includes-- ``(A) specialized training of law enforcement and judicial personnel to identify and address the unique needs of a mentally ill or mentally retarded offender; ``(B) voluntary diversion into outpatient or inpatient mental health treatment that carries with it the possibility of prosecution of the original criminal charge if the mentally ill or mentally retarded defendant is noncompliant with program requirements; ``(C) centralized case management involving the consolidation of all of a mentally ill or mentally retarded defendant's misdemeanor cases, including violations of misdemeanor probation, and the coordination of all treatment plans of mental health and social service providers; and ``(D) life skills training, such as housing placement, vocational training, education, job placement, health care, and relapse prevention for each participant who requires such services. ``SEC. 2202. DEFINITION. ``In this part the term `preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders' means a person who-- ``(1)(A) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders; or ``(B) manifests obvious signs of mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; and ``(2) is deemed eligible for diversion by designated judges. ``SEC. 2203. ADMINISTRATION. ``(a) Consultation.--The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this part. ``(b) Use of Components.--The Attorney General may utilize any component or components of the Department of Justice in carrying out this part. ``(c) Regulatory Authority.--The Attorney General shall issue regulations and guidelines necessary to carry out this part which include, but are not limited to, the methodologies and outcome measures proposed for evaluating each applicant program. ``(d) Applications.--In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this part shall-- ``(1) include a long-term strategy and detailed implementation plan; ``(2) explain the applicant's inability to fund the program adequately without Federal assistance; ``(3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available; ``(4) identify related governmental or community initiatives which complement or will be coordinated with the proposal; ``(5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the program; ``(6) certify that participating offenders will be supervised by one or more designated judges with responsibility for the mental health diversion court program; ``(7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and ``(8) describe the methodology and outcome measures that will be used in evaluating the program. ``SEC. 2204. APPLICATIONS. ``To request funds under this part, the chief executive or the chief justice of a State or the chief executive or chief judge of a unit of local government or Indian tribal government shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. ``SEC. 2205. FEDERAL SHARE. ``The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the program described in the application submitted under section 2205 for the fiscal year for which the program receives assistance under this part, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. The use of the Federal share of a grant made under this part shall be limited to new expenses necessitated by the proposed diversion program, including the development of treatment services and the hiring and training of personnel. In-kind contributions may constitute a portion of the non- Federal share of a grant. ``SEC. 2206. GEOGRAPHIC DISTRIBUTION. ``The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made that considers the special needs of rural communities, Indian tribes, and Alaska Natives. ``SEC. 2207. REPORT. ``A State, Indian tribal government, or unit of local government that receives funds under this part during a fiscal year shall submit to the Attorney General a report in March of the following year regarding the effectiveness of this part. ``SEC. 2208. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION. ``(a) Technical Assistance and Training.--The Attorney General may provide technical assistance and training in furtherance of the purposes of this part. ``(b) Evaluations.--In addition to any evaluation requirements that may be prescribed for grantees, the Attorney General may carry out or make arrangements for evaluations of programs that receive support under this part. ``(c) Administration.--The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities.''. (b) Technical Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended by inserting after part U the following: ``Part V--Mental Health Diversion Courts ``Sec. 2201. Grant authority. ``Sec. 2202. Definition. ``Sec. 2203. Administration. ``Sec. 2204. Applications. ``Sec. 2205. Federal share. ``Sec. 2206. Geographic distribution. ``Sec. 2207. Report. ``Sec. 2208. Technical assistance, training, and evaluation.''. (c) Authorization of Appropriations.--Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)), is amended by inserting after paragraph (19) the following: ``(20) There are authorized to be appropriated to carry out part V, $2,000,000 for each of fiscal years 2000 through 2004.''.

America's Law Enforcement and Mental Health Project - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or nonprofit entities, for 25 programs that involve: (1) continuing judicial supervision, including periodic review at least every 45 days, over preliminarily qualified offenders with mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders who are charged with non-violent misdemeanors, for a period not to exceed one year; and (2) the integrated administration of services, which includes specialized training of law enforcement and judicial personnel to identify and address the unique needs of a mentally ill or mentally retarded offender, voluntary diversion into outpatient or inpatient mental health treatment that carries with it the possibility of prosecution of the original criminal charge if the mentally ill or mentally retarded defendant is noncompliant with program requirements, centralized case management involving the consolidation of all of a mentally ill or mentally retarded defendant's misdemeanor cases (including violations of misdemeanor probation) and the coordination of all treatment plans of mental health and social service providers, and life skills training. Defines "preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders" to mean a person who: (1) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental and substance abuse disorders or who manifests obvious signs of mental illness, mental retardation, or co-occurring mental and substance abuse disorders during arrest or confinement or before any court; and (2) is deemed eligible for diversion by designated judges. Directs the Attorney General to issue regulations and guidelines necessary to carry out this Act, including the methodologies and outcome measures proposed for evaluating each applicant program. Sets forth provisions regarding application requirements, the Federal cost share (75 percent), geographic distribution of grants, reporting requirements, and technical assistance, training, and evaluation. Authorizes appropriations.

America's Law Enforcement and Mental Health Project

SECTION 1. PEDIATRIC LABELING OF DRUGS AND BIOLOGICAL PRODUCTS (a) In General.--Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505A the following: ``SEC. 505B. PEDIATRIC LABELING OF DRUGS AND BIOLOGICAL PRODUCTS. ``(a) New Drugs and Biological Products.-- ``(1) In general.--A person that submits an application (or supplement to an application)-- ``(A) under section 505 for a new active ingredient, new indication, new dosage form, new dosing regimen, or new route of administration; or ``(B) under section 351 of the Public Health Service Act (42 U.S.C. 262) for a biological product license; shall submit with the application the assessments described in paragraph (2). ``(2) Assessments.-- ``(A) In general.--The assessments referred to in paragraph (1) shall contain data, gathered using appropriate formulations, that are adequate-- ``(i) to assess the safety and effectiveness of the drug, or the biological product licensed under section 351 of the Public Health Service Act (42 U.S.C. 262), for the claimed indications in all relevant pediatric subpopulations; and ``(ii) to support dosing and administration for each pediatric subpopulation for which the drug, or the biological product licensed under section 351 of the Public Health Service Act (42 U.S.C. 262), is safe and effective. ``(B) Similar course of disease or similar effect of drug or biological product.--If the course of the disease and the effects of the drug are sufficiently similar in adults and pediatric patients, the Secretary may conclude that pediatric effectiveness can be extrapolated from adequate and well-controlled studies in adults, usually supplemented with other information obtained in pediatric patients, such as pharmacokinetic studies. ``(3) Deferral.--On the initiative of the Secretary or at the request of the applicant, the Secretary may defer submission of some or all assessments required under paragraph (1) until a specified date after approval of the drug or issuance of the license for a biological product if-- ``(A) the Secretary finds that-- ``(i) the drug or biological product is ready for approval for use in adults before pediatric studies are complete; or ``(ii) pediatric studies should be delayed until additional safety or effectiveness data have been collected; and ``(B) the applicant submits to the Secretary-- ``(i) a certified description of the planned or ongoing studies; and ``(ii) evidence that the studies are being conducted or will be conducted with due diligence. ``(b) Marketed Drugs and Biological Products.--After providing notice and an opportunity for written response and a meeting, which may include an advisory committee meeting, the Secretary may by order require the holder of an approved application relating to a drug under section 505 or the holder of a license for a biological product under section 351 of the Public Health Service Act (42 U.S.C. 262) to submit by a specified date the assessments described in subsection (a) if the Secretary finds that-- ``(1)(A) the drug or biological product is used for a substantial number of pediatric patients for the labeled indications; and ``(B) the absence of adequate labeling could pose significant risks to pediatric patients; or ``(2)(A) there is reason to believe that the drug or biological product would represent a meaningful therapeutic benefit over existing therapies for pediatric patients for 1 or more of the claimed indications; and ``(B) the absence of adequate labeling could pose significant risks to pediatric patients. ``(c) Delay in Submission of Assessments.--If a person delays the submission of assessments relating to a drug or biological product beyond a date specified in subsection (a) or (b)-- ``(1) the drug or biological product-- ``(A) shall be deemed to be misbranded; ``(B) shall be subject to action under sections 302 and 304; and ``(C) shall not be subject to action under section 303; and ``(2) the delay shall not be the basis for a proceeding to withdraw approval for a drug under section 505(e) or revoke the license for a biological product under section 351 of the Public Health Service Act (42 U.S.C. 262). ``(d) Waivers.-- ``(1) Full waiver.--At the request of an applicant, the Secretary shall grant a full waiver, as appropriate, of the requirement to submit assessments under subsection (a) or (b) if-- ``(A) necessary studies are impossible or highly impracticable; ``(B) there is evidence strongly suggesting that the drug or biological product would be ineffective or unsafe in all pediatric age groups; or ``(C)(i) the drug or biological product-- ``(I) does not represent a meaningful therapeutic benefit over existing therapies for pediatric patients; and ``(II) is not likely to be used for a substantial number of pediatric patients; and ``(ii) the absence of adequate labeling would not pose significant risks to pediatric patients. ``(2) Partial waiver.--At the request of an applicant, the Secretary shall grant a partial waiver, as appropriate, of the requirement to submit assessments under subsection (a) with respect to a specific pediatric subpopulation if-- ``(A) any of the grounds stated in paragraph (1) applies to that subpopulation; or ``(B) the applicant demonstrates that reasonable attempts to produce a pediatric formulation necessary for that subpopulation have failed. ``(3) Labeling requirement.--If the Secretary grants a full or partial waiver because there is evidence that a drug or biological product would be ineffective or unsafe in pediatric populations, the information shall be included in the labeling for the drug or biological product. ``(e) Meetings.--The Secretary shall meet at appropriate times in the investigational new drug process with the sponsor to discuss background information that the sponsor shall submit on plans and timelines for pediatric studies, or any planned request for waiver or deferral of pediatric studies.''. (b) Conforming Amendments.-- (1) Section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) is amended in the second sentence-- (A) by striking ``and (F)'' and inserting ``(F)''; and (B) by striking the period at the end and inserting ``, and (G) any assessments required under section 505B.''. (2) Section 505A(h) o the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a(h)) is amended-- (A) in the subsection heading, by striking ``Regulations'' and inserting ``Pediatric Study Requirements''; and (B) by striking ``pursuant to regulations promulgated by the Secretary'' and inserting ``by a provision of law (including a regulation) other than this section''. (3) Section 351(a)(2) of the Public Health Service Act (42 U.S.C. 262(a)(2)) is amended-- (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by inserting after subparagraph (A) the following: ``(B) Pediatric studies.--A person that submits an application for a license under this paragraph shall submit to the Secretary as part of the application any assessments required under section 505B of the Federal Food, Drug, and Cosmetic Act.''. (c) Final Rule.--Except to the extent that the final rule is inconsistent with the amendment made by subsection (a), the final rule promulgating regulations requiring manufacturers to assess the safety and effectiveness of new drugs and biological products in pediatric patients (63 Fed. Reg. 66632 (December 2, 1998)), shall be considered to implement the amendment made by subsection (a). (d) No Effect on Authority.--Section 505B of the Federal Food, Drug, and Cosmetic Act (as added by subsection (a)) does not affect whatever existing authority the Secretary of Health and Human Services has to require pediatric assessments regarding the safety and efficacy of drugs and biological products in addition to the assessments required under that section. The authority, if any, of the Secretary of Health and Human Services regarding specific populations other than the pediatric population shall be exercised in accordance with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) as in effect on the day before the date of enactment of this Act.

Amends the Federal Food, Drug, and Cosmetic Act to require license applications for new drug and biological product to assess such drug's or product's safety and effectiveness for relevant pediatric subpopulations, including dosage.Permits extrapolation from adult studies where the course of the disease and the effects of the drug are sufficiently similar in all populations.Permits deferral of such assessments if adult studies are completed earlier and the applicant submits a plan for or a description of planned or ongoing pediatric studies.Authorizes the Secretary of Health and Human Services to specify a date for submission of pediatric assessments if a drug's or product's use or need in the pediatric populations so dictates. States that drugs or products with delayed assessments will be deemed misbranded and subject to seizure and injunctive proceedings, though not penalties.Permits full waiver of such assessments if: (1) studies are highly impracticable or impossible and the evidence suggests that the drug or product would be ineffective or unsafe in all pediatric age groups; or (2) there is no meaningful therapeutic advantage or benefit in the pediatric population and little risk if used as labeled. Permits partial waivers at the request of an applicant for a specific pediatric subpopulation if any of the full waiver grounds apply to that subpopulation or reasonable attempts for a pediatric formulation for that subpopulation have failed. Requires labels of these drugs or products to reflect such waivers.

To amend the Federal Food, Drug, and Cosmetic Act to require labeling containing information applicable to pediatric patients.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy American Improvement Act of 2003''. SEC. 2. REQUIREMENTS FOR WAIVERS. (a) In General.--Section 2 of the Buy American Act (41 U.S.C. 10a) is amended-- (1) by striking ``Notwithstanding'' and inserting the following: ``(a) In General.--Notwithstanding''; and (2) by adding at the end the following: ``(b) Special Rules.--The following rules shall apply in carrying out the provisions of subsection (a): ``(1) Public interest waiver.--A determination that it is not in the public interest to enter into a contract in accordance with this Act may not be made after a notice of solicitation of offers for the contract is published in accordance with section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) and section 8(e) of the Small Business Act (15 U.S.C. 637(e)). ``(2) Domestic bidder.--A Federal agency entering into a contract shall give preference to a company submitting an offer on the contract that manufactures in the United States the article, material, or supply for which the offer is solicited, if-- ``(A) that company's offer is substantially the same as an offer made by a company that does not manufacture the article, material, or supply in the United States; or ``(B) that company is the only company that manufactures in the United States the article, material, or supply for which the offer is solicited. ``(3) Use outside the united states.-- ``(A) In general.--Subsection (a) shall apply without regard to whether the articles, materials, or supplies to be acquired are for use outside the United States if the articles, materials, or supplies are not needed on an urgent basis or if they are acquired on a regular basis. ``(B) Cost analysis.--In any case where the articles, materials, or supplies are to be acquired for use outside the United States and are not needed on an urgent basis, before entering into a contract an analysis shall be made of the difference in the cost for acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies in the United States (including the cost of shipping) and the cost for acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies outside the United States (including the cost of shipping). ``(4) Domestic availability.--The head of a Federal agency may not make a determination under subsection (a) that an article, material, or supply is not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of satisfactory quality, unless the head of the agency has conducted a study and, on the basis of such study, determined that-- ``(A) domestic production cannot be initiated to meet the procurement needs; and ``(B) a comparable article, material, or supply is not available from a company in the United States. ``(c) Reports.-- ``(1) In general.--Not later than 60 days after the end of each fiscal year, the head of each Federal agency shall submit to Congress a report on the amount of the acquisitions made by the agency from entities that manufacture the articles, materials, or supplies outside the United States in that fiscal year. ``(2) Content of report.--The report required by paragraph (1) shall separately indicate the following information: ``(A) The dollar value of any articles, materials, or supplies for which this Act was waived. ``(B) An itemized list of all waivers granted with respect to such articles, materials, or supplies under this Act. ``(C) A list of all articles, materials, and supplies acquired, their source, and the amount of the acquisitions. ``(3) Public availability.--The head of each Federal agency submitting a report under paragraph (1) shall make the report publicly available by posting on an Internet website.''. (b) Definitions.--Section 1 of the Buy American Act (41 U.S.C. 10c) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Federal Agency.--The term `Federal agency' means any executive agency (as defined in section 4(1) of the Federal Procurement Policy Act (41 U.S.C. 403(1))) or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and activities under the Architect's direction).''; and (2) by adding at the end the following: ``(d) Substantially All.--Articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States, if the cost of the domestic components of such articles, materials, or supplies exceeds 75 percent.''. (c) Conforming Amendments.-- (1) Section 2 of the Buy American Act (41 U.S.C. 10a) is amended by striking ``department or independent establishment'' and inserting ``Federal agency''. (2) Section 3 of such Act (41 U.S.C. 10b) is amended-- (A) by striking ``department or independent establishment'' in subsection (a), and inserting ``Federal agency''; and (B) by striking ``department, bureau, agency, or independent establishment'' in subsection (b) and inserting ``Federal agency''. (3) Section 633 of the National Military Establishment Appropriations Act, 1950 (41 U.S.C. 10d) is amended by striking ``department or independent establishment'' and inserting ``Federal agency''. SEC. 3. GAO REPORT AND RECOMMENDATIONS. (a) Scope of Waivers.--Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall report to Congress recommendations for determining, for purposes of applying the waiver provision of section 2(a) of the Buy American Act-- (1) unreasonable cost; and (2) inconsistent with the public interest. The report shall include recommendations for a statutory definition of unreasonable cost and standards for determining inconsistency with the public interest. (b) Waiver Procedures.--The report described in subsection (a) shall also include recommendations for establishing procedures for applying the waiver provisions of the Buy American Act that can be consistently applied. SEC. 4. DUAL-USE TECHNOLOGIES. The head of a Federal agency (as defined in section 1(c) of the Buy American Act (as amended by section 2) may not enter into a contract, nor permit a subcontract under a contract of the Federal agency, with a foreign entity that involves giving the foreign entity plans, manuals, or other information that would facilitate the manufacture of a dual- use item on the Commerce Control List unless approval for providing such plans, manuals, or information has been obtained in accordance with the provisions of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) and the Export Administration Regulations (15 C.F.R. part 730 et seq.).

Buy American Improvement Act of 2003 - Amends the Buy American Act to: (1) prohibit Federal agencies from making a determination that it would not be in the public interest to enter into a contract subject to Buy American requirements after a procurement notice for such contract is published; and (2) provide that Buy American requirements shall apply without regard to whether products are acquired for use outside the United States if they are not needed on an urgent basis or if they are acquired on a regular basis (but requires an analysis of the difference in costs of such products from manufacturers inside and outside the United States before a contract is entered). Requires Federal agencies to: (1) give preference in the procurement process to a company that manufactures the solicited product in the United States if such company's bid is substantially the same as a bid made by a non-U.S. manufacturer or such company is the only company that manufactures the product in the United States; and (2) report annually on agency acquisitions from entities that manufacture products outside the United States. Prohibits an agency head from making any determination that articles to be procured are not available from domestic sources without conducting a study that determine that domestic production cannot be initiated to meet procurement needs and that a comparable product is not available from a company in the United States. Defines a product as made "substantially all" from domestic components when the cost of such components exceeds 75 percent. Requires the Comptroller General to report to Congress with recommendations for defining "unreasonable cost" and "inconsistent with the public interest" for purposes of applying waivers of Buy American requirements. Prohibits an agency from entering a contract with a foreign entity that involves giving such entity information that would facilitate the manufacture of a dual-use item on the Commerce Control List unless approval has been obtained in accordance with the Export Administration Act of 1979.

A bill to amend the Buy American Act to increase the requirement for American-made content, to tighten the waiver provisions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifespan Respite Care Act of 2005''. SEC. 2. LIFESPAN RESPITE CARE. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXIX--LIFESPAN RESPITE CARE ``SEC. 2901. FINDINGS AND PURPOSES. ``(a) Findings.--Congress finds that-- ``(1) an estimated 26,000,000 individuals in the United States care each year for 1 or more adult family members or friends who are chronically ill, disabled, or terminally ill; ``(2) an estimated 18,000,000 children in the United States have chronic physical, developmental, behavioral, or emotional conditions that demand caregiver monitoring, management, supervision, or treatment beyond that required of children generally; ``(3) nearly 4,000,000 individuals in the United States of all ages who have mental retardation or another developmental disability live with their families; ``(4) almost 25 percent of the Nation's elders experience multiple chronic disabling conditions that make it necessary to rely on others for help in meeting their daily needs; ``(5) every year, approximately 600,000 Americans die at home and many of these individuals rely on extensive family caregiving before their death; ``(6) of all individuals in the United States needing assistance in daily living, 42 percent are under age 65; ``(7) there are insufficient resources to replace family caregivers with paid workers; ``(8) if services provided by family caregivers had to be replaced with paid services, it would cost approximately $200,000,000,000 annually; ``(9) the family caregiver role is personally rewarding but can result in substantial emotional, physical, and financial hardship; ``(10) approximately 75 percent of family caregivers are women; ``(11) family caregivers often do not know where to find information about available respite care or how to access it; ``(12) available respite care programs are insufficient to meet the need and are directed at primarily lower income populations and family caregivers of the elderly, leaving large numbers of family caregivers without adequate support; and ``(13) the limited number of available respite care programs find it difficult to recruit appropriately trained respite workers. ``(b) Purposes.--The purposes of this title are-- ``(1) to encourage States to establish State and local lifespan respite care programs; ``(2) to improve and coordinate the dissemination of respite care information and resources to family caregivers; ``(3) to provide, supplement, or improve respite care services to family caregivers; ``(4) to promote innovative, flexible, and comprehensive approaches to-- ``(A) the delivery of respite care; ``(B) respite care worker and volunteer recruitment and training programs; and ``(C) training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services; ``(5) to support evaluative research to identify effective respite care services that alleviate, reduce, or minimize any negative consequences of caregiving; and ``(6) to promote the dissemination of results, findings, and information from programs and research projects relating to respite care delivery, family caregiver strain, respite care worker and volunteer recruitment and training, and training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services. ``SEC. 2902. DEFINITIONS. ``In this title: ``(1) Eligible recipient.--The term `eligible recipient' means-- ``(A) a State agency; ``(B) any other public entity that is capable of operating on a statewide basis; ``(C) a private, nonprofit organization that is capable of operating on a statewide basis; ``(D) a political subdivision of a State that has a population of not less than 3,000,000 individuals; or ``(E) any recognized State respite coordinating agency that has-- ``(i) a demonstrated ability to work with other State and community-based agencies; ``(ii) an understanding of respite care and family caregiver issues; and ``(iii) the capacity to ensure meaningful involvement of family members, family caregivers, and care recipients. ``(2) Adult with a special need.--The term `adult with a special need' means a person 18 years of age or older who requires care or supervision to-- ``(A) meet the person's basic needs; or ``(B) prevent physical self-injury or injury to others. ``(3) Child with a special need.--The term `child with a special need' means a person less than 18 years of age who requires care or supervision beyond that required of children generally to-- ``(A) meet the child's basic needs; or ``(B) prevent physical self-injury or injury to others. ``(4) Family caregiver.--The term `family caregiver' means an unpaid family member, a foster parent, or another unpaid adult, who provides in-home monitoring, management, supervision, or treatment of a child or adult with a special need. ``(5) Respite care.--The term `respite care' means planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of that child or adult. ``(6) Lifespan respite care.--The term `lifespan respite care' means a coordinated system of accessible, community-based respite care services for family caregivers of children or adults with special needs. ``SEC. 2903. LIFESPAN RESPITE CARE GRANTS AND COOPERATIVE AGREEMENTS. ``(a) Purposes.--The purposes of this section are-- ``(1) to expand and enhance respite care services to family caregivers; ``(2) to improve the statewide dissemination and coordination of respite care; and ``(3) to provide, supplement, or improve access and quality of respite care services to family caregivers, thereby reducing family caregiver strain. ``(b) Authorization.--Subject to subsection (f), the Secretary is authorized to award grants or cooperative agreements to eligible recipients who submit an application pursuant to subsection (d). ``(c) Federal Lifespan Approach.--In carrying out this section, the Secretary shall work in cooperation with the National Family Caregiver Support Program Officer of the Administration on Aging, and respite care program officers in the Administration for Children and Families, the Administration on Developmental Disabilities, the Maternal and Child Health Bureau of the Health Resources and Services Administration, and the Substance Abuse and Mental Health Services Administration, to ensure coordination of respite care services for family caregivers of children and adults with special needs. ``(d) Application.-- ``(1) Submission.--Each eligible recipient desiring to receive a grant or cooperative agreement under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. ``(2) Contents.--Each application submitted under this section shall include-- ``(A) a description of the applicant's-- ``(i) understanding of respite care and family caregiver issues; ``(ii) capacity to ensure meaningful involvement of family members, family caregivers, and care recipients; and ``(iii) collaboration with other State and community-based public, nonprofit, or private agencies; ``(B) with respect to the population of family caregivers to whom respite care information or services will be provided or for whom respite care workers and volunteers will be recruited and trained, a description of-- ``(i) the population of family caregivers; ``(ii) the extent and nature of the respite care needs of that population; ``(iii) existing respite care services for that population, including numbers of family caregivers being served and extent of unmet need; ``(iv) existing methods or systems to coordinate respite care information and services to the population at the State and local level and extent of unmet need; ``(v) how respite care information dissemination and coordination, respite care services, respite care worker and volunteer recruitment and training programs, or training programs for family caregivers that assist such family caregivers in making informed decisions about respite care services will be provided using grant or cooperative agreement funds; ``(vi) a plan for collaboration and coordination of the proposed respite care activities with other related services or programs offered by public or private, nonprofit entities, including area agencies on aging; ``(vii) how the population, including family caregivers, care recipients, and relevant public or private agencies, will participate in the planning and implementation of the proposed respite care activities; ``(viii) how the proposed respite care activities will make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, other forms of reimbursements, personnel, and facilities; ``(ix) respite care services available to family caregivers in the applicant's State or locality, including unmet needs and how the applicant's plan for use of funds will improve the coordination and distribution of respite care services for family caregivers of children and adults with special needs; ``(x) the criteria used to identify family caregivers eligible for respite care services; ``(xi) how the quality and safety of any respite care services provided will be monitored, including methods to ensure that respite care workers and volunteers are appropriately screened and possess the necessary skills to care for the needs of the care recipient in the absence of the family caregiver; and ``(xii) the results expected from proposed respite care activities and the procedures to be used for evaluating those results; and ``(C) assurances that, where appropriate, the applicant shall have a system for maintaining the confidentiality of care recipient and family caregiver records. ``(e) Review of Applications.-- ``(1) Establishment of review panel.--The Secretary shall establish a panel to review applications submitted under this section. ``(2) Meetings.--The panel shall meet as often as may be necessary to facilitate the expeditious review of applications. ``(3) Function of panel.--The panel shall-- ``(A) review and evaluate each application submitted under this section; and ``(B) make recommendations to the Secretary concerning whether the application should be approved. ``(f) Awarding of Grants or Cooperative Agreements.-- ``(1) In general.--The Secretary shall award grants or cooperative agreements from among the applications approved by the panel under subsection (e)(3). ``(2) Priority.--When awarding grants or cooperative agreements under this subsection, the Secretary shall give priority to applicants that show the greatest likelihood of implementing or enhancing lifespan respite care statewide. ``(g) Use of Grant or Cooperative Agreement Funds.-- ``(1) In general.-- ``(A) Mandatory uses of funds.--Each eligible recipient that is awarded a grant or cooperative agreement under this section shall use the funds for, unless such a program is in existence-- ``(i) the development of lifespan respite care at the State and local levels; and ``(ii) an evaluation of the effectiveness of such care. ``(B) Discretionary uses of funds.--Each eligible recipient that is awarded a grant or cooperative agreement under this section may use the funds for-- ``(i) respite care services for family caregivers of children and adults with special needs; ``(ii) respite care worker and volunteer training programs; or ``(iii) training programs for family caregivers to assist such family caregivers in making informed decisions about respite care services. ``(C) Evaluation.--If an eligible recipient uses funds awarded under this section for an activity described in subparagraph (B), the eligible recipient shall use funds for an evaluation of the effectiveness of the activity. ``(2) Subcontracts.--Each eligible recipient that is awarded a grant or cooperative agreement under this section may use the funds to subcontract with a public or nonprofit agency to carry out the activities described in paragraph (1). ``(h) Term of Grants or Cooperative Agreements.-- ``(1) In general.--The Secretary shall award grants or cooperative agreements under this section for terms that do not exceed 5 years. ``(2) Renewal.--The Secretary may renew a grant or cooperative agreement under this section at the end of the term of the grant or cooperative agreement determined under paragraph (1). ``(i) Supplement, Not Supplant.--Funds made available under this section shall be used to supplement and not supplant other Federal, State, and local funds available for respite care services. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2006 through 2010. ``SEC. 2904. NATIONAL LIFESPAN RESPITE RESOURCE CENTER. ``(a) Establishment.--From funds appropriated under subsection (c), the Secretary shall award a grant or cooperative agreement to a public or private nonprofit entity to establish a National Resource Center on Lifespan Respite Care (referred to in this section as the `center'). ``(b) Purposes of the Center.--The center shall-- ``(1) maintain a national database on lifespan respite care; ``(2) provide training and technical assistance to State, community, and nonprofit respite care programs; and ``(3) provide information, referral, and educational programs to the public on lifespan respite care. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2006 through 2010.''.

Lifespan Respite Care Act of 2005 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants or cooperative agreements to a recommended agency, organization, or political subdivision to develop respite care programs at the state or local level or to evaluate the effectiveness of such care. Defines "respite care" to mean planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver. Instructs the Secretary to work cooperatively with existing federal respite program officers to ensure coordination of services for family caregivers. Directs the Secretary to: (1) establish a review panel to make recommendations on applicants; and (2) give priority to applicants with the greatest likelihood of implementing or enhancing lifespan respite care statewide. Permits the use of funds for respite care services and training programs for volunteers and family caregivers. Limits grants to five years. Directs the Secretary to award a grant or cooperative agreement to a public or private nonprofit entity to establish the National Resource Center on Lifespan Respite Care to: (1) maintain a national database on lifespan respite care; (2) provide training and technical assistance to state, community, and nonprofit respite care programs; and (3) provide information, referral, and educational programs to the public on lifespan respite care.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unborn Victims of Violence Act of 2004'' or ``Laci and Conner's Law''. 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. Death or injury of an unborn child ``(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 and shall, upon conviction, be punished by such punishment, other than death, as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for that conduct had that injury or death occurred to the unborn child's mother. ``(2) 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. ``(3) 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 paragraph (1), 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. ``(4) 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. Death or injury of an unborn child.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Unborn Victims of Violence Act of 2004 or Laci and Conner's Law - Provides that persons who commit certain Federal violent crimes (conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles of the Uniform Code of Military Justice (UCMJ) ) and thereby cause the death of, or bodily injury to, a child who is in utero shall be guilty of a separate offense. Requires the punishment for that separate offense to be the same as provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother (or in the case of a UCMJ violation, to be such punishment as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for such conduct had that injury or death occurred to the unborn child's mother). Declares that such a separate offense does not require proof that: (1) the person who committed the offense knew or should have known that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to harm the unborn child. Prohibits imposition of the death penalty for such an offense. 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 is implied by law or for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (2) of any woman with respect to her unborn child.

To amend title 18, United States Code, and the Uniform Code of Military Justice to protect unborn children from assault and murder, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Medical Assistance Act of 1998''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Air carrier.--The term ``air carrier'' has the meaning given that term in section 40102(a)(2) of title 49, United States Code. (3) Aircraft.--The term ``aircraft'' has the meaning given that term in section 40102(a)(6) of title 49, United States Code. (4) Airport.--The term ``airport'' has the meaning given that term in section 40102(a)(9) of title 49, United States Code. (5) Foreign air transportation.--The term ``foreign air transportation'' has the meaning given that term in section 40102(a)(23) of title 49, United States Code. (6) Interstate air transportation.--The term ``interstate air transportation'' has the meaning given that term in section 40102(a)(25) of title 49, United States Code. (7) Major air carrier.--The term ``major air carrier'' means an air carrier that-- (A) has been issued an applicable certificate as an air carrier under section 41102 of title 49, United States Code; and (B) during the 12-month period ending March 31 of the most recent year preceding the date of enactment of this Act, accounted for at least 1 percent of domestic- scheduled passenger revenues, as reported to the Department of Transportation pursuant to part 241 of title 14, Code of Federal Regulations. (8) Medically qualified individual.--The term ``medically qualified individual'' includes any individual who is licensed, certified, or otherwise qualified to provide medical care in a State, including an ambulance attendant. SEC. 3. MEDICAL KIT EQUIPMENT AND TRAINING. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Administrator shall review and reevaluate regulations of the Federal Aviation Administration regarding-- (1) the equipment required to be carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants in the use of the equipment. (b) Regulations.--If, on the basis of a review conducted under subsection (a), the Administrator determines that it is necessary to issue revised regulations, the Administrator shall issue a notice of proposed rulemaking to issue those revised regulations. SEC. 4. REPORTS REGARDING DEATHS ON AIRCRAFT. During the 1-year period beginning on the 90th day following the date of enactment of this Act, a major air carrier shall make a good faith effort to obtain, and shall submit, on a monthly basis, a report to the Administrator that provides information concerning-- (1) the number of individuals who died on aircraft of the air carrier, including any individual who was declared dead after being removed from such an aircraft as a result of a medical incident that occurred on that aircraft; (2) the age of each individual described in paragraph (1); (3)(A) with respect to each individual described in paragraph (1), whether the primary cause of death was a cardiac arrest; and (B) if the primary cause of death of an individual described in paragraph (1) was a cardiac arrest, whether the cardiac arrest was the result of ventricular fibrillation; (4) with respect to each death or medical incident that occurred on an aircraft referred to in paragraph (1), whether the aircraft was diverted as a result of the death or incident; and (5) such other information as the Administrator may request as necessary to aid in a decision concerning whether to require automatic external defibrillators-- (A) in airports; (B) on aircraft operated by air carriers; or (C) in airports and on aircraft described in subparagraph (B). SEC. 5. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS. (a) In General.--Not later than 120 days after the last day of the 1-year period described in section 4, the Administrator shall make a decision concerning whether automatic external defibrillators should be required-- (1) in airports; (2) on aircraft operated by air carriers; or (3) in airports and on aircraft described in paragraph (2). (b) Form of Decision.-- (1) In general.--If the Administrator decides under subsection (a) that automatic external defibrillators should be required in airports or aircraft described in that subsection, the Administrator shall, with respect to each such requirement-- (A) issue proposed regulations to implement the requirement; or (B) submit to Congress proposed legislation to implement the requirement. (2) Notice.--If the Administrator decides under subsection (a) that automatic external defibrillators should not be required in airports or on aircraft described in that subsection, the Administrator shall publish in the Federal Register a notice of that decision. (c) Contents.--If the Administrator decides that automatic external defibrillators should be required-- (1) on aircraft operated by air carriers, a proposed regulation described in subsection (b)(1)(A) or recommendation for proposed legislation described in subsection (b)(1)(B) shall include information with respect to-- (A) the size of the aircraft on which those defibrillators should be required; (B) the class flights (whether interstate or foreign air transportation, or both) on which those defibrillators should be required; (C) the training that should be required for air carrier personnel in the use of those defibrillators; and (D) the associated equipment and medication that should be required to be carried in each aircraft medical kit; and (2) at airports, a proposed regulation described in subsection (b)(1)(A) or recommendation for proposed legislation described in subsection (b)(1)(B) shall include information with respect to-- (A) the size of the airport at which those defibrillators should be required; (B) the training that should be required for airport personnel in the use of those defibrillators; and (C) the associated equipment and medication that should be required at each airport. (d) Limitation.--The Administrator may not require automatic external defibrillators on helicopters and on aircraft with a maximum payload capacity (as defined in section 119.3 of title 14, Code of Federal Regulations) of 7,500 pounds or less. SEC. 6. LIABILITY OF INDIVIDUALS. (a) In General.--Except as provided in subsection (b), an individual shall not be liable for damages in any action brought in a Federal or State court arising from an act or omission of the individual in providing or attempting to provide assistance in the case of an in-flight medical emergency. (b) Exception.--The exemption under subsection (a) shall not apply in any case in which an individual provides, or attempts to provide the assistance referred to in that paragraph in a manner that constitutes gross negligence or willful misconduct.

Aviation Medical Assistance Act of 1998 - Directs the Administrator of the Federal Aviation Administration (FAA) to review and reevaluate FAA regulations regarding: (1) the equipment required to be carried in medical kits of aircraft operated by air carriers; and (2) the training required of flight attendants in the use of such equipment. Requires the Administrator to issue a notice of proposed rulemaking to make any revisions to such regulations as a result of such reevaluation. Requires major air carriers to make a good faith effort to report monthly to the Administrator, over the course of a year, regarding deaths on aircrafts. Requires the Administrator to make a decision whether automatic external defibrillators should be required on aircraft and at airports. Prohibits the Administrator from requiring them on helicopters and on aircraft with a maximum payload capacity of 7,500 pounds or less. Declares that an individual shall not be liable for damages in any action brought in Federal or State court arising out of acts or omissions in providing or attempting to provide assistance to a passenger in an in-flight medical emergency, except for gross negligence or willful misconduct.

Aviation Medical Assistance Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cardiac Arrest Survival Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Each year more than 350,000 adults suffer cardiac arrest, usually away from a hospital. More than 95 percent of them will die, in many cases, because lifesaving defibrillators arrive on the scene too late, if at all. (2) These cardiac arrest deaths occur primarily from occult underlying heart disease and from drownings, allergic or sensitivity reactions, or electrical shocks. (3) Survival from cardiac arrest requires successful early implementation of a chain of events--the chain of survival which begins when the person sustains a cardiac arrest and continues until the person arrives at the hospital. (4) A successful chain of survival requires the first person on the scene to take rapid and simple initial steps to care for the patient and to assure the patient promptly enters the emergency medical services system. (5) The first persons on the scene when an arrest occurs are typically lay persons who are friends or family of the victim, fire services, public safety personnel, basic life support emergency medical services providers, teachers, coaches, and supervisors of sports or other extracurricular activities, providers of day care, schoolbus drivers, lifeguards, attendants at public gatherings, coworkers, and other leaders within the community. (6) A coordinated Federal response is necessary to ensure that appropriate and timely lifesaving interventions are provided to persons sustaining nontraumatic cardiac arrest. The Federal response should include, but not be limited to-- (A) significantly expanded research concerning the efficacy of various methods of providing immediate out- of-hospital lifesaving interventions to the nontraumatic cardiac arrest patient; (B) the development of research-based, nationally uniform, easily learned and well retained model core educational content concerning the use of such lifesaving interventions by health care professionals, allied health personnel, emergency medical services personnel, public safety personnel, and other persons who are likely to arrive immediately at the scene of a sudden cardiac arrest; (C) an identification of the legal, political, financial, and other barriers to implementing these lifesaving interventions; and (D) the development of model State legislation to reduce identified barriers and to enhance each State's response to this significant problem. SEC. 3. NATIONAL INSTITUTES OF HEALTH MODEL PROGRAM ON THE FIRST LINKS IN THE CHAIN OF SURVIVAL. Section 421 of the Public Health Service Act (42 U.S.C. 285b-3) is amended by adding at the end the following subsection: ``(c) Programs under subsection (a)(1)(E) (relating to emergency medical services and preventive, diagnostic, therapeutic, and rehabilitative approaches) shall include programs for the following: ``(1) The development and dissemination, in coordination with the emergency services guidelines promulgated under section 402(a) of title 23, United States Code, by the Associate Administrator for Traffic Safety Programs, Department of Transportation, of a core content for a model State training program applicable to cardiac arrest for inclusion in appropriate current emergency medical services educational curricula and training programs that address lifesaving interventions, including cardiopulmonary resuscitation. The core content of such program-- ``(A) may be used by health care professionals, allied health personnel, emergency medical services personnel, public safety personnel, and any other persons who are likely to arrive immediately at the scene of a sudden cardiac arrest (in this subsection referred to as `cardiac arrest care providers') to provide lifesaving interventions, including cardiopulmonary resuscitation; ``(B) shall include age-specific criteria for the use of particular techniques, which shall include infants and children; and ``(C) shall be reevaluated as additional interventions are shown to be effective. ``(2) The operation of a demonstration project to provide training in such core content for cardiac arrest care providers. ``(3) The definition and identification of cardiac arrest care providers, by personal relationship, exposure to arrest or trauma, occupation (including health professionals), or otherwise, who could provide benefit to victims of out-of- hospital arrest by comprehension of such core content. ``(4) The establishment of criteria for completion and comprehension of such core content, including consideration of inclusion in health and safety educational curricula. ``(5) The identification and development of equipment and supplies that should be accessible to cardiac arrest care providers to permit lifesaving interventions by preplacement of such equipment in appropriate locations. ``(6) The development of model State legislation (or Federal legislation applicable to Federal territories, facilities, and employees) in cooperation with the Attorney General, which model legislation shall be developed in accordance with the following: ``(A) The purpose of the model legislation shall be to ensure-- ``(i) access to emergency medical services through consideration of a requirement for public placement of lifesaving equipment; and ``(ii) good samaritan immunity for cardiac arrest care providers; those involved with the instruction of the training programs; and owners and managers of property where equipment is placed. ``(B) In the development of the model legislation, there shall be consideration of requirements for training in the core content and use of lifesaving equipment for State licensure or credentialing of health professionals or other licensed occupations or employment of other individuals who may be defined as cardiac arrest care providers under paragraph (3). ``(7) The development of a national database for reporting and collecting information relating to the incidence of cardiac arrest, the circumstances surrounding such arrests, the rate of survival, the effect of age, and whether interventions, including cardiac arrest care provider interventions, or other aspects of the chain of survival, improve the rate of survival. ``(8) The publication of a biennial public report summarizing progress in improving care to the cardiac arrest patient.''. SEC. 4. COMMISSION ON CARDIAC ARREST SURVIVAL. (a) Establishment.--There shall be established as an independent agency within the executive branch a commission to be known as the Commission on Cardiac Arrest Survival (in this section referred to as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall be composed of 15 members appointed in accordance with paragraph (2), and the ex offico members designated in paragraph (3). (2) Appointing officials; expertise requirements.-- (A) Of the members appointed to the Commission pursuant to paragraph (1)-- (i) five shall be appointed by the President; (ii) five shall be appointed by the President Pro Tempore of the Senate, after consultation with the Minority Leader of the Senate; and (iii) five shall be appointed by the Speaker of the House of Representatives, after consultation with the Minority Leader of the House. (B) The individuals appointed to the Commission under subparagraph (A) shall collectively have expertise and experience in the following areas: Emergency medical care; pediatric emergency medicine; cardiology; State and local emergency medical services; delivery of State health services; public safety; trauma; public buildings or governmental facilities management; epidemiology; lifesaving equipment design and manufacture; development of model State legislation; human factors engineering; and professional and public education. At least three of the members shall be qualified by scientific training and experience to evaluate the design or conduct of, and data derived from, clinical and educational research in the risks and benefits of resuscitative modalities. (3) Ex officio members.--The membership of the Commission shall include ex officio members from the following agencies: The National Institutes of Health, Department of Health and Human Services; the Department of Education; the National Highway Traffic Safety Administration, Department of Transportation; the General Services Administration; the Department of Defense; and the Department of Justice. (c) Function of the Commission .--The Commission shall, in consultation with the National Heart, Lung, and Blood Institute, evaluate and provide recommendations on effective methods to increase survival from cardiac arrest. Such recommendations may include recommendations on implementation of this Act, further studies on emergency medical systems or other modalities for early intervention in the chain of survival, or further legislation to improve access to cardiac arrest survival modalities. (d) Reports and Recommendations.--Not later than 18 months after the date of the enactment of this Act, or during the interim when the Commission believes necessary, the Commission shall prepare and submit to the President and to the Congress a final report. (e) Administrative Powers of the Commission.--The Commission may hold hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purpose of this section. The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this section. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.

Cardiac Arrest Survival Act - Amends the Public Health Service Act to require that certain permitted field studies, large-scale testing and evaluation, and demonstrations of the National Heart, Blood Vessel, Lung, and Blood Diseases and Blood Resources Program include: (1) the development and dissemination of a core content for a model State cardiac arrest training program for inclusion in emergency medical services educational curricula and training programs addressing lifesaving interventions; and (2) related matters. Establishes as an independent executive branch agency the Commission on Cardiac Arrest Survival. Authorizes appropriations.

Cardiac Arrest Survival Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Skills for New Jobs Act''. SEC. 2. FEDERAL MATCHING PAYMENTS FOR STATE NEW JOBS TRAINING TAX CREDITS. (a) Authority To Make Payments.--Subject to subsection (h), the Secretary of the Treasury shall, on a quarterly basis, make a payment to each eligible community college in an amount equal to the aggregate new job tax withholding matches for all eligible trainees with respect to such eligible community college for such quarter. (b) New Job Tax Withholding Match.--In the case of any quarter, the new job tax withholding match with respect to any eligible trainee is an amount equal to the amounts remitted as described in subsection (d)(1)(A) during such quarter with respect to such trainee by a participating employer. (c) Eligible Community College.--For purposes of this section, the term ``eligible community college'' means a public institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)-- (1) at which the majority of degrees awarded, for any academic year, are 2-year associate's degrees that are acceptable for full credit toward a baccalaureate degree, (2) that is located in a State that has a State new jobs training tax credit program in effect, and (3) that participates in such program by having in effect a contract that meets the requirements of subsection (d)(2). (d) State New Jobs Training Tax Credit Program.-- (1) Programs described.--For purposes of this section, the term ``State new jobs training tax credit program'' means a program established by a State government that provides that, if an eligible community college and an employer sign a contract that meets the requirements of paragraph (2) with respect to an eligible trainee-- (A) the State income taxes withheld by the employer on behalf of the eligible trainee, once employed by the employer, to the extent they do not exceed the cost of qualified training specified in such contract, will not be remitted to the State in payment of income taxes, but will be remitted to the eligible community college, (B) the amounts so remitted will be treated in the hands of the eligible community college as payment for education provided by such community college, and (C) for purposes of determining the State income tax liability of the eligible trainee, the amounts so remitted will be treated as if they had been remitted to the State in payment of income taxes owed by the eligible trainee. (2) Qualified contract.--A contract meets the requirements of this paragraph if-- (A) the contract is between an eligible community college located in the State that has the program described in paragraph (1) and an employer with at least 1 job site located in such State, (B) the contract meets all applicable requirements under such State program, (C) the contract provides that-- (i) the eligible community college will directly provide qualified training to individuals designated by the employer or will contract with a provider of qualified training to provide such training to such individuals, (ii) the eligible community college will not charge tuition or fees to such individuals, (iii) the employer will hire such individuals for full-time employment at a job site located within the State, (iv) such individuals will be paid by the employer a wage that is not less than the greater of-- (I) 175 percent of the Federal minimum wage, or (II) the amount specified under the State program, and (v) as provided under the State program, the employer will remit the State income taxes withheld by the employer on behalf of the individual to the community college in payment for the training, to the extent such taxes do not exceed the cost described in subparagraph (D), (D) the contract specifies the entire cost of the qualified training (including all costs for equipment or instructional materials) that will be provided to each individual, and (E) the cost and terms specified under subparagraph (D) are reasonable by market standards. (3) Qualified training.--For purposes of this section, the term ``qualified training'' means education or training which, if completed, will provide the individual with-- (A) education or skills necessary to perform the job for which such individual will be employed, (B) education or skills necessary to obtain a license required under Federal, State, or local governmental regulation for the employment of the individual in the job for which such individual will be employed, (C) a certificate or credential which is required under Federal, State, or local governmental regulation for the employment of the individual in the job for which such individual will be employed, or (D) a certificate or credential aligned with national or regionally recognized industry standards determined appropriate by the State. (4) Job must be new job.-- (A) In general.--A State program will not be treated as a State new jobs training tax credit program for purposes of this subsection unless the program provides that, in order to be eligible to participate, the employer must show with respect to each eligible trainee that such eligible trainee is hired for a job that-- (i) is a new job (which, for purposes of this paragraph, may include a new position within an existing job category), and not a job of a recalled worker, a replacement job, or any other job that existed in the employer's business within the 1-year period preceding the date of hire, (ii) is not a job that existed in a business operation or substantially similar business operation of the employer formerly located in another location which was closed or substantially reduced by the employer, and (iii) results in a net increase in employment for the employer. (B) Only u.s. employees taken into account.--For purposes of subparagraph (A), only employees at job sites located in the United States (including the possessions of the United States) shall be taken into account. (5) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414 of the Internal Revenue Code of 1986, shall be treated as a single employer for purposes of this section. (6) Cooperation with local workforce investment boards.--An employer or eligible community college participating in a State new jobs training tax credit program may work with local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) in searching for individuals to hire and train through such program. (e) Eligible Trainee.--For purposes of this section, the term ``eligible trainee'' means an individual-- (1) who received qualified training through an eligible community college pursuant to a contract that meets the requirements of subsection (d)(2), under a State new jobs training tax credit program, and (2) who is employed on a full-time basis, during the quarter for which payment is made under subsection (a), by the employer who was a party to such contract-- (A) at a job site located in the same State as the eligible community college, (B) at a wage that meets the requirements of subsection (d)(2)(iii), (C) in a job that meets the new job requirement of subsection (d)(4), and (D) in a job for which such qualified training is required, either by law or regulation or by the inherent requirements of the job. (f) Appropriation.--Out of any sums in the Treasury not otherwise appropriated, there are appropriated on an ongoing basis such sums as are necessary to carry out this section. (g) Remission of State Income Tax Withholdings Not Treated as Payments for Training or Education.--In the case of an employer, the amount of withheld State income tax which is remitted by the employer to an eligible community college as described in subsection (d)(1)(A) shall not be treated as an amount paid or incurred by the employer for purposes of any credit or deduction available under the Internal Revenue Code of 1986 to such employer, but shall be treated as if such amount had been remitted to the State in payment of income taxes owed by the employee. (h) Tax Treatment of Payments With Respect to Eligible Trainee.--In the case of an eligible trainee, neither-- (1) the amount of any withheld State income tax which is remitted by an employer to an eligible community college as described in subsection (d)(1)(A), nor (2) the amount of any payment made under subsection (a), shall be treated for purposes of the Internal Revenue Code of 1986 as income of the eligible trainee. For purposes of determining the deduction under section 164(a)(3) of such Code, amounts described in paragraph (1) shall be treated as amounts paid for State income taxes by the eligible trainee.

New Skills for New Jobs Act - Directs the Secretary of the Treasury, on a quarterly basis, to make payments to an eligible community college in an amount equal to the aggregate new job tax withholding matches for qualified training provided to job trainees who are U.S. citizens. Defines "qualified training" as education or training to provide an individual with the education or skills necessary to perform the job for which such individual will be employed or with licenses or certificates necessary for such employment. Requires that any job for which a trainee is hired be a new job. Defines "eligible community college" as a public institution of higher education: (1) at which the majority of degrees awarded are two-year degrees that are acceptable for full credit toward a baccalaureate degree, (2) that is located in a state that has a state new jobs tax credit program in effect, and (3) that participates in such program by having in effect a contract that meets specified requirements of such program.

New Skills for New Jobs Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maximize Offshore Resource Exploration Act of 2008'' or the ``MORE Act of 2008''. 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) 25 percent shall be deposited in the general fund of the Treasury; and ``(ii) 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) 10 percent shall be deposited in the general fund of the Treasury; and ``(ii) 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 2008 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, 2008.''. (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.''.

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 pre-leasing 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 Secretary. 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.

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. INFERTILITY BENEFITS. (a) Federal Employee Health Benefits Plans.--Section 8904 of title 5, United States Code, is amended by adding at the end the following: ``(c)(1) Each health benefits plan described by section 8903 or 8903a which provides obstetrical benefits shall also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures. ``(2) Under this subsection-- ``(A) coverage for the diagnosis or treatment of infertility may not be subject to any copayment or deductible greater than applies with respect to obstetrical benefits under the plan involved; and ``(B) coverage for a procedure described in paragraph (5)(B) shall, in the case of any individual, be required only if-- ``(i) such individual has been unable to carry a pregnancy to live birth through less costly, medically appropriate infertility treatments for which such individual has coverage under this chapter; ``(ii) the procedure (including any retrieval incident thereto) is performed at medical facilities that conform to the standards of the American Society for Reproductive Medicine, the Society for Assisted Reproductive Technology, the American College of Obstetricians and Gynecologists, or any other similar nationally-recognized organization, or a Federal agency that promulgates standards for infertility procedures; and ``(iii) if the services of a laboratory are required, such laboratory is accredited by the College of American Pathologists' Reproductive Laboratory Accreditation Program or any other similar nationally- recognized program, or a Federal agency performing a similar function. ``(3)(A) Except as provided in subparagraph (B) or (C)-- ``(i) coverage for a procedure described in paragraph (5)(B) may be provided only if the individual involved has not already undergone 4 attempts to achieve a live birth using any such procedures; and ``(ii) coverage for an oocyte retrieval may be provided only if the individual involved has not already undergone 4 complete oocyte retrievals. ``(B) For purposes of clause (i) of subparagraph (A)-- ``(i) if a live birth results from the third attempt (using a procedure described in paragraph (5)(B)), such clause shall be applied by substituting `5' for `4'; and ``(ii) if a live birth results from the fourth attempt (using a procedure described in paragraph (5)(B)), such clause shall be applied by substituting `6' for the otherwise applicable lifetime maximum. ``(C) For purposes of clause (ii) of subparagraph (A)-- ``(i) if a live birth results from the third oocyte retrieval, such clause shall be applied by substituting `5' for `4'; and ``(ii) if a live birth results from the fourth oocyte retrieval, such clause shall be applied by substituting `6' for the otherwise applicable lifetime maximum. ``(4) In no event shall this subsection be considered to permit or require coverage-- ``(A) if, or to the extent that, the health benefits plan objects to such coverage on the basis of religious beliefs; or ``(B) in connection with any procedure or treatment, unless rendered by a physician or at the direction or request of a physician. ``(5) For purposes of this subsection-- ``(A) the term `infertility' means-- ``(i) the inability to conceive a pregnancy after 12 months of regular sexual relations without contraception or to carry a pregnancy to a live birth; or ``(ii) the presence of a demonstrated condition determined by 2 physicians (at least 1 of whom specializes in infertility) to cause infertility; and ``(B) the term `nonexperimental assisted reproductive technology procedure' means in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, and any other clinical treatment or procedure the safety and efficacy of which are recognized by the American Society for Reproductive Medicine, the American College of Obstetricians and Gynecologists, or any other similar nationally-recognized organization, or a Federal agency described in paragraph (2)(B)(iii). ``(6) The Office shall prescribe any regulations necessary to carry out this subsection.''. (b) Defense Health Care Plans.--(1) Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1110a. Obstetrical and infertility benefits ``(a)(1) Any health care plan under this chapter which provides obstetrical benefits shall also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures. ``(2) Under this subsection-- ``(A) coverage for the diagnosis or treatment of infertility may not be subject to any copayment or deductible greater than applies with respect to obstetrical benefits under the plan involved; and ``(B) coverage for a procedure described in paragraph (5)(B) shall, in the case of any individual, be required only if-- ``(i) such individual has been unable to carry a pregnancy to live birth through less costly, medically appropriate infertility treatments for which such individual has coverage under this chapter; ``(ii) the procedure (including any retrieval incident thereto) is performed at medical facilities that conform to the standards of the American Society for Reproductive Medicine, the Society for Assisted Reproductive Technology, the American College of Obstetricians and Gynecologists, or any other similar nationally-recognized organization, or a Federal agency that promulgates standards for infertility procedures; and ``(iii) if the services of a laboratory are required, such laboratory is accredited by the College of American Pathologists' Reproductive Laboratory Accreditation Program or any other similar nationally- recognized program, or a Federal agency performing a similar function. ``(3)(A) Except as provided in subparagraph (B) or (C)-- ``(i) coverage for a procedure described in paragraph (5)(B) may be provided only if the individual involved has not already undergone 4 attempts to achieve a live birth using any such procedures; and ``(ii) coverage for an oocyte retrieval may be provided only if the individual involved has not already undergone 4 complete oocyte retrievals. ``(B) For purposes of clause (i) of subparagraph (A)-- ``(i) if a live birth results from the third attempt (using a procedure described in paragraph (5)(B)), such clause shall be applied by substituting `5' for `4'; and ``(ii) if a live birth results from the fourth attempt (using a procedure described in paragraph (5)(B)), such clause shall be applied by substituting `6' for the otherwise applicable lifetime maximum. ``(C) For purposes of clause (ii) of subparagraph (A)-- ``(i) if a live birth results from the third oocyte retrieval, such clause shall be applied by substituting `5' for `4'; and ``(ii) if a live birth results from the fourth oocyte retrieval, such clause shall be applied by substituting `6' for the otherwise applicable lifetime maximum. ``(4) In no event shall this subsection be considered to permit or require coverage-- ``(A) if, or to the extent that, the health benefits plan objects to such coverage on the basis of religious beliefs; or ``(B) in connection with any procedure or treatment, unless rendered by a physician or at the direction or request of a physician. ``(5) For purposes of this subsection-- ``(A) the term `infertility' means-- ``(i) the inability to conceive a pregnancy after 12 months of regular sexual relations without contraception or to carry a pregnancy to a live birth; or ``(ii) the presence of a demonstrated condition determined by 2 physicians (at least 1 of whom specializes in infertility) to cause infertility; and ``(B) the term `nonexperimental assisted reproductive technology procedure' means in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, and any other clinical treatment or procedure the safety and efficacy of which are recognized by the American Society for Reproductive Medicine, the American College of Obstetricians and Gynecologists, or any other similar nationally-recognized organization, or a Federal agency described in paragraph (2)(B)(iii). ``(b) The Secretary of Defense shall prescribe any regulations necessary to carry out this section.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1110a. Obstetrical and infertility benefits.''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to contracts entered into or renewed for any year beginning after the end of the 6-month period beginning on the date of enactment of this Act.

Amends Federal laws concerning civilian and military health care to require any health benefits plan under the Federal Employees Health Benefit Program or TRICARE (a Department of Defense managed health care program) that provides obstetrical benefits to also provide coverage for the diagnosis and treatment of infertility, including nonexperimental assisted reproductive technology procedures.

To amend chapter 89 of title 5, United States Code, and chapter 55 of title 10, United States Code, to provide that any health benefits plan which provides obstetrical benefits shall be required also to provide coverage for the diagnosis and treatment of infertility.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Goods Job Growth and Competitiveness Act of 2006''. SEC. 2. STATUTE OF REPOSE FOR DURABLE GOODS USED IN A TRADE OR BUSINESS. (a) In General.--Except as otherwise provided in this Act-- (1) no civil action may be filed against the manufacturer or seller of a durable good for damage to property allegedly caused by that durable good if the damage to property occurred more than 12 years after the date on which the durable good was delivered to its first purchaser or lessee; and (2) no civil action may be filed against the manufacturer or seller of a durable good for damages for death or personal injury allegedly caused by that durable good if the death or personal injury occurred more than 12 years after the date on which the durable good was delivered to its first purchaser or lessee and if-- (A) the claimant has received or is eligible to receive worker compensation; and (B) the injury does not involve a toxic harm (including, but not limited to, any asbestos-related harm). (b) Exceptions.-- (1) In general.--A motor vehicle, vessel, aircraft, or train, that is used primarily to transport passengers for hire, shall not be subject to this Act. (2) Certain express warranties.--This Act does not bar a civil action against a defendant who made an express warranty in writing, for a period of more than 12 years, as to the safety or life expectancy of a specific product, except that this Act shall apply at the expiration of that warranty. (3) Aviation limitations period.--This Act does not affect the limitations period established by the General Aviation Revitalization Act of 1994 (49 U.S.C. 40101 note). (4) Actions involving the environment.--Subsection (a)(1) does not supersede or modify any statute or common law that authorizes an action for civil damages, cost recovery, or any other form of relief for remediation of the environment (as defined in section 101(8) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(8)). (5) Regulatory actions.--This Act does not affect regulatory enforcement actions brought by State or Federal agencies. (6) Actions involving fraudulent concealment.--This Act does not bar a civil action against a manufacturer or seller of a durable good who fraudulently concealed a defect in the durable good. (c) Effect on State Law; Preemption.--Subject to subsection (b), this Act preempts and supersedes any State law that establishes a statute of repose to the extent such law applies to actions covered by this Act. Any action not specifically covered by this Act shall be governed by applicable State or other Federal law. (d) Transitional Provision Relating to Extension of Repose Period.--To the extent that this Act shortens the period during which a civil action could otherwise be brought pursuant to another provision of law, the claimant may, notwithstanding this Act, bring the action not later than 1 year after the date of the enactment of this Act. SEC. 3. DEFINITIONS. In this Act: (1) Claimant.--The term ``claimant'' means any person who brings an action covered by this Act and any person on whose behalf such an action is brought. If such an action is brought through or on behalf of an estate, the term includes the claimant's decedent. If such an action is brought through or on behalf of a minor or incompetent, the term includes the claimant's legal guardian. (2) Durable good.--The term ``durable good'' means any product, or any component of any such product, which-- (A)(i) has a normal life expectancy of 3 or more years; or (ii) is of a character subject to allowance for depreciation under the Internal Revenue Code of 1986; and (B) is-- (i) used in a trade or business; (ii) held for the production of income; or (iii) sold or donated to a governmental or private entity for the production of goods, training, demonstration, or any other similar purpose. (3) Fraudulently concealed.--With respect to a durable good, the term ``fraudulently concealed'' means that-- (A) the manufacturer or seller of the durable good had actual knowledge of a defect in the durable good; (B) the defect in the durable good was the proximate cause of the harm to the claimant; and (C) the manufacturer or seller of the durable good affirmatively suppressed or hid, with the intent to deceive or defraud, the existence of such defect. (4) Seller.--The term ``seller'' means any dealer, retailer, wholesaler, or distributer in the stream of commerce of a durable good concluding with the sale or lease of the durable good to the first end-user. (5) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, any other territory or possession of the United States, and any political subdivision of any of the foregoing. SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT. (a) Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act without regard to whether the damage to property or death or personal injury at issue occurred before such date of enactment. (b) Application of Act.--This Act shall not apply with respect to civil actions commenced before the date of the enactment of this Act.

Workplace Goods Job Growth and Competitiveness Act of 2006 - Prohibits the filing of a civil action against a manufacturer or seller of a durable good (except a motor vehicle, vessel, aircraft, or train that is used primarily to transport passengers for hire) more than 12 years after it was delivered to its first purchaser or lessee for: (1) damage to property allegedly caused by that good; or (2) damages for death or personal injury allegedly caused by that good if the claimant has received or is eligible to receive worker compensation and the injury does not involve a toxic harm (including, but not limited to, any asbestos-related harm). Declares that this Act: (1) shall not bar an action against a defendant who made an express warranty in writing as to the safety or life expectancy of a specific product for a period of more than 12 years (except that this Act shall apply at the expiration of such warranty); (2) does not affect the limitations period established by the General Aviation Revitalization Act of 1994; (3) does not supersede or modify any statute or common law that authorizes an action for civil damages, cost recovery, or any other form of relief for remediation of the environment; (4) does not affect regulatory enforcement actions brought by state or federal agencies; and (5) does not bar a civil action against a manufacturer or seller of a durable good who fraudulently concealed a defect in it.

To establish a statute of repose for durable goods used in a trade or business.