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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Employees and Retirees in Municipal Bankruptcies Act of 2014''. SEC. 2. DETERMINATION OF MUNICIPALITY ELIGIBILITY TO BE A DEBTOR UNDER CHAPTER 9 OF TITLE 11 OF THE UNITED STATES CODE. (a) Requirements.--Section 109(c) of title 11, United States Code, is amended-- (1) in paragraph (5)-- (A) in subparagraph (B) by inserting ``(but with respect to creditors who are employees or retirees of such entity, the term `good faith' shall have the same meaning as such term has in the National Labor Relations Act)'' after ``creditors'' the first place it appears, (B) in subparagraph (C) by striking ``impracticable'' and inserting ``impossible'', and (C) in subparagraph (D) by striking the period at the end and inserting a semicolon, and (2) by adding at the end the following: ``and establishes by clear and convincing evidence that it satisfies the requirements of this subsection.''. (b) Repeal of Limitation on Authority To Issue Stay Pending Appeal.--The first sentence of section 921(e) of title 11, United States Code, is amended by striking ``; nor'' and all that follows through ``appeal''. (c) Direct Immediate Appeal to Court of Appeals.--Section 158(d) of title 28, United States Code, is amended by adding at the end the following: ``(3) The appropriate court of appeals shall have jurisdiction of an appeal of a determination made by a bankruptcy court under section 109(c) of title 11 that an entity is eligible to be a debtor under chapter 9 of title 11 and shall consider and determine such appeal on an expedited basis. Such appeal shall be a direct appeal to be reviewed and heard de novo on the merits. The doctrine of equitable mootness shall not apply to appeals under this paragraph.''. SEC. 3. PROTECTING EMPLOYEES AND RETIREES. Section 943 of title 11, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (6) by striking ``and'' at the end, (B) by redesignating paragraph (7) as paragraph (8), and (C) by inserting after paragraph (6) the following: ``(7) in a case in which the plan modifies a collective bargaining agreement, or modifies a retiree benefit, including an accrued pension, retiree health, or other retirement benefit otherwise protected by State or municipal law, or a retiree benefit as defined in section 1114(a), in any manner otherwise prohibited by nonbankruptcy law, the authorized representative of the employees covered by such agreement, or the authorized representative of individuals receiving the retiree benefits, as the case may be, agrees to the plan; and'', and (2) by adding at the end the following: ``(c)(1) For purposes of this section, and except as provided in paragraphs (2) and (3), the authorized representative of those individuals receiving any retiree benefit covered by any collective bargaining agreement shall be the labor organization that is signatory to such agreement unless such organization no longer represents active employees in the bargaining unit the retirees belonged to when they were active employees. In such case, the labor organization that currently represents active employees in that bargaining unit shall be the authorized representative of such individuals. ``(2) Paragraph (1) shall not apply if-- ``(A) such labor organization elects not to serve as the authorized representative of such individuals; or ``(B) the court, upon a motion by a party in interest, after notice and hearing, determines that different representation of such individuals is appropriate. ``(3) In a case in which the labor organization referred to in paragraph (2) elects not to serve as the authorized representative of those individuals receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, or in a case where the court, pursuant to paragraph (2) finds different representation of such individuals appropriate, the court, upon a motion by a party in interest, and after notice and a hearing, shall order the United States trustee to appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits or if the court otherwise determines that it is appropriate, from among such individuals, to serve as the authorized representative of such individuals under this section. The party requesting such relief has the burden of proof. ``(d) For retired employees not covered by a collective bargaining agreement, the court, upon a motion by a party in interest, and after notice and a hearing, shall issue an order requiring the United States trustee to appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits, or if the court otherwise determines that it is appropriate, to serve as the authorized representative under this section of such employees. Such party has the burden of proof with respect to such motion. ``(e) To comply with an order issued under subsection (c)(3) or (d), notwithstanding any other provision of this chapter, the United States trustee shall appoint, on a proportional basis per capita based on organization membership, individuals chosen from among members of organizations that represent the retirees with respect to whom such order is entered. ``(f) Members of a committee appointed under subsection (c)(3) or (d) may not recommend modification of any right to a retiree benefit unless not less than \2/3\ of such members vote in support of such recommendation.''.

Protecting Employees and Retirees in Municipal Bankruptcies Act of 2014 - Amends federal bankruptcy law with respect to the requirement for a municipality to be a debtor under Chapter 9 (Adjustment of Debts of a Municipality) that the municipality has negotiated in good faith with creditors and failed to obtain the agreement of those holding at least a majority in amount of the claims of each class that the municipality intends to impair under a plan. Requires that, with respect to creditors who are the municipality's employees or retirees, "good faith" has the same meaning as it does in the National Labor Relations Act. Requires the municipality also to establish by clear and convincing evidence that it satisfies all eligibility criteria. Repeals the limitation placed upon on court authority to issue a stay pending an appeal of an order for relief. Amends the Judicial Code to confer upon the appropriate court of appeals jurisdiction of any appeal of a bankruptcy court determination that an entity is eligible to be a municipal debtor. Requires the appellate court to consider and determine such appeal on an expedited basis as a direct appeal, which shall be reviewed and heard de novo on the merits. Requires the court to confirm the bankruptcy plan of a municipality which modifies a collective bargaining agreement or a retiree benefit in any manner otherwise prohibited by nonbankruptcy law if the plan is agreed to by the authorized representative of either the employees covered by collective bargaining or the individuals receiving the retiree benefits. Designates the labor organization signatory to a collective bargaining agreement as the authorized representative of individuals receiving retiree benefits covered by that agreement. Sets forth procedures for court appointment of an authorized representative if a labor organization elects not to serve as one, or if the retired employees are not covered by a collective bargaining agreement.

Protecting Employees and Retirees in Municipal Bankruptcies Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Manhattan Project National Historical Park Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Manhattan Project was an unprecedented top-secret program implemented during World War II to produce an atomic bomb before Nazi Germany; (2) a panel of experts convened by the President's Advisory Council on Historic Preservation in 2001-- (A) stated that ``the development and use of the atomic bomb during World War II has been called `the single most significant event of the 20th century'''; and (B) recommended that nationally significant sites associated with the Manhattan Project be formally established as a collective unit and be administered for preservation, commemoration, and public interpretation in cooperation with the National Park Service; (3) the Manhattan Project National Historical Park Study Act (Public Law 108-340; 118 Stat. 1362) directed the Secretary of the Interior, in consultation with the Secretary of Energy, to conduct a special resource study of the historically significant sites associated with the Manhattan Project to assess the national significance, suitability, and feasibility of designating 1 or more sites as a unit of the National Park System; (4) after significant public input, the National Park Service study found that ``including Manhattan Project-related sites in the national park system will expand and enhance the protection and preservation of such resources and provide for comprehensive interpretation and public understanding of this nationally significant story in the 20th century American history''; (5) the Department of the Interior, with the concurrence of the Department of Energy, recommended the establishment of a Manhattan Project National Historical Park comprised of resources at-- (A) Oak Ridge, Tennessee; (B) Los Alamos, New Mexico; and (C) Hanford, in the Tri-Cities area, Washington; and (6) designation of a Manhattan Project National Historical Park as a unit of the National Park System would improve the preservation of, interpretation of, and access to the nationally significant historic resources associated with the Manhattan Project for present and future generations to gain a better understanding of the Manhattan Project, including the significant, far-reaching, and complex legacy of the Manhattan Project. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to preserve and protect for the benefit of present and future generations the nationally significant historic resources associated with the Manhattan Project; (2) to improve public understanding of the Manhattan Project and the legacy of the Manhattan Project through interpretation of the historic resources associated with the Manhattan Project; (3) to enhance public access to the Historical Park, consistent with protection of public safety, national security, and other aspects of the mission of the Department of Energy; and (4) to assist the Department of Energy, Historical Park communities, historical societies, and other interested organizations and individuals in efforts to preserve and protect the historically significant resources associated with the Manhattan Project. SEC. 4. DEFINITIONS. In this Act: (1) Historical park.--The term ``Historical Park'' means the Manhattan Project National Historical Park established under section 5. (2) Manhattan project.--The term ``Manhattan Project'' means the Federal program to develop an atomic bomb ending on December 31, 1946. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK. (a) Establishment.--Not later than 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Manhattan Project National Historical Park. (b) Eligible Areas.--The Historical Park may be comprised of 1 or more of the following areas or portions of the areas: (1) Oak ridge, tennessee.--Facilities, land, or interests in land that are-- (A) at Buildings 9204-3 and 9731 at the Y-12 National Security Complex; (B) at the X-10 Graphite Reactor at the Oak Ridge National Laboratory; (C) at the K-25 Building site at the East Tennessee Technology Park; and (D) at the former Guest House located at 210 East Madison Road. (2) Los alamos, new mexico.--Facilities, land, or interests in land that are-- (A) in the Los Alamos Scientific Laboratory National Historic Landmark District or any addition to the Landmark District proposed in the National Historic Landmark Nomination--Los Alamos Scientific Laboratory (LASL) NHL District (Working Draft of NHL Revision), Los Alamos National Laboratory document LA-UR 12-00387 (January 26, 2012); (B) at the former East Cafeteria located at 1670 Nectar Street; and (C) at the former dormitory located at 1725 17th Street. (3) Hanford, washington.--Facilities, land, or interests in land that are-- (A) in the B Reactor National Historic Landmark; (B) at the Hanford High School in the town of Hanford and Hanford Construction Camp Historic District; (C) at the White Bluffs Bank building in the White Bluffs Historic District; (D) at the warehouse in the Bruggemann's Agricultural Complex; (E) at the Hanford Irrigation District Pump House; and (F) at the T Plant (221-T Process Building). SEC. 6. AGREEMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Energy (acting through the Oak Ridge, Richland, and Los Alamos site offices) shall enter into an agreement governing the respective roles of the Secretary and the Secretary of Energy in administering the facilities, land, or interests in land under the administrative jurisdiction of the Department of Energy that is to be included in the Historical Park, including provisions for public access, management, interpretation, and historic preservation. (b) Responsibilities of the Secretary.--Any agreement under subsection (a) shall provide that the Secretary shall-- (1) have decisionmaking authority for the content of historic interpretation of the Manhattan Project for purposes of administering the Historical Park; and (2) ensure that the agreement provides an appropriate role for the National Park Service in preserving the historic resources covered by the agreement. (c) Responsibilities of the Secretary of Energy.--Any agreement under subsection (a) shall provide that the Secretary of Energy-- (1) shall ensure that the agreement appropriately protects public safety, national security, and other aspects of the ongoing mission of the Department of Energy at the Los Alamos National Laboratory, Hanford Site, and Oak Ridge Reservation; (2) may consult with and provide historical information to the Secretary concerning the Manhattan Project; and (3) shall retain responsibility, in accordance with applicable law, for any environmental remediation and structural safety that may be necessary in or around the facilities, land, or interests in land governed by the agreement. (d) Amendments.--The agreement under subsection (a) may be amended, including to add to the Historical Park facilities, land, or interests in land described in section 5(b) that are under the jurisdiction of the Secretary of Energy. SEC. 7. PUBLIC PARTICIPATION. (a) In General.--The Secretary shall consult with interested State, county, and local officials, organizations, and interested members of the public-- (1) before executing any agreement under section 6; and (2) in the development of the general management plan under section 8(b). (b) Notice of Determination.--Not later than 30 days after the date on which an agreement under section 6 is executed, the Secretary shall publish in the Federal Register notice of the establishment of the Historical Park, including an official boundary map. (c) Availability of Map.--The official boundary map published under subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (d) Additions.--Any land, interest in land, or facility within the eligible areas described in section 5(b) that is acquired by the Secretary or included in an amendment to the agreement under section 6(d) shall be added to the Historical Park. SEC. 8. ADMINISTRATION. (a) In General.--The Secretary shall administer the Historical Park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) General Management Plan.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary, in consultation with the Secretary of Energy, shall complete a general management plan for the Historical Park in accordance with section 12(b) of Public Law 91-383 (commonly known as the ``National Park Service General Authorities Act'') (16 U.S.C. 1a-7(b)). (c) Interpretive Tours.--The Secretary may, subject to applicable law, provide interpretive tours of historically significant Manhattan Project sites and resources in the States of Tennessee, New Mexico, and Washington that are located outside the boundary of the Historical Park. (d) Land Acquisition.-- (1) In general.--The Secretary may acquire land and interests in land within the eligible areas described in section 5(b) by-- (A) transfer of administrative jurisdiction from the Department of Energy by agreement between the Secretary and the Secretary of Energy; or (B) purchase from willing sellers, donation, or exchange. (2) Facilities.--The Secretary may acquire land or interests in land in the vicinity of Historical Park for visitor and administrative facilities. (e) Donations; Cooperative Agreements.-- (1) Federal facilities.-- (A) In general.--The Secretary may enter into 1 or more agreements with the head of a Federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Manhattan Project resources under the jurisdiction or control of the Federal agency. (B) Donations; cooperative agreements.--The Secretary may accept donations from, and enter into cooperative agreements with, State governments, units of local government, tribal governments, organizations, or individuals to further the purpose of an interagency agreement entered into under subparagraph (A). (2) Technical assistance.--The Secretary may provide technical assistance to State, local, or tribal governments, organizations, or individuals for the management, interpretation, and historic preservation of historically significant Manhattan Project resources not included within the Historical Park. (3) Donations to department of energy.--Part C of title VI of the Department of Energy Organization Act (42 U.S.C. 7251 et seq.) is amended by adding at the end the following: ``SEC. 664. ACCEPTANCE OF GIFTS, BEQUESTS, AND DEVISES. ``The Secretary may accept, hold, administer, and use gifts, bequests, and devises (including labor and services), for the purpose of preserving and providing access to, historically significant resources relating to the Department.''.

Manhattan Project National Historical Park Act - Establishes the Manhattan Project National Historical Park as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in one or more eligible areas or parts of such areas in Oak Ridge, Tennessee; Los Alamos, New Mexico; and Hanford, Washington. Directs the Secretary of the Interior (the Secretary) and the Secretary of Energy (DOE) to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under the DOE's jurisdiction to be included in the Park. Adds to the Park lands, interests in land, or facilities within the eligible areas which are acquired by the Secretary or are included in an amendment to the agreement. Requires the Secretary to develop a general management plan for the Park. Authorizes the Secretary to: (1) provide interpretive tours of historically significant Manhattan Project sites and resources in Tennessee, New Mexico, and Washington state that are located outside the boundary of the Park; and (2) enter into one or more agreements with the head of a federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Project resources under the agency's control.

A bill to establish the Manhattan Project National Historical Park in Oak Ridge, Tennessee, Los Alamos, New Mexico, and Hanford, Washington, and for other purposes.

SECTION 1. STATEMENT OF U.S. POLICY. It shall be the policy of the United States to-- (1) take all necessary and appropriate steps in accordance with international agreements to support the commitments of the United States to ensure the physical security and protection of Camp Liberty/Hurriya residents, members of the opposition Mujahedeen e-Khalq (MEK), in accordance with the United States Embassy Statement on Transfer of Security Responsibility for Camp Ashraf of December 28, 2008; (2) assist the United Nations High Commissioner for Refugees in ensuring the rapid and orderly resettlement of all residents of Camp Liberty/Hurriya to safe locations outside of Iraq; and (3) permit the admission as refugees of the residents of Camp Liberty/Hurriya to the United States, who express a desire for such resettlement. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The United States recognized the residents of the former Camp Ashraf who now reside in Camp Liberty/Hurriya as ``protected persons'' under the Fourth Geneva Convention and committed itself to protect the residents until their final disposition. (2) The United States expects the Government of Iraq to continue this commitment of protection of the residents of Camp Liberty/Hurriya, as reflected in the United States Embassy Statement on Transfer of Security Responsibility for Camp Ashraf of December 28, 2008. (3) The residents of the former Camp Ashraf, who now reside in Camp Liberty/Hurriya, renounced violence and unilaterally disarmed more than a decade ago. (4) Dozens of residents of Camp Liberty/Hurriya were permanent residents or political refugees in the United States. (5) Camp Liberty/Hurriya residents have provided valuable intelligence to the international community concerning efforts by the Government of Iran to establish a nuclear weapons capability and to supply the terrorist groups in Iraq with Improvised Explosive Devices (IEDs). (6) Camp Liberty/Hurriya residents share the desire of the United States in seeing the establishment of a peaceful, democratic, non-nuclear government in Iran with full rights for women and religious and ethnic minorities. (7) The residents of Camp Liberty/Hurriya are cooperating in the framework of an agreement between the United Nations and the Government of Iraq to transfer the residents out of Iraq. (8) Despite Iraq's acceptance of the U.S. commitment to protect Camp Ashraf residents, the unarmed residents have been attacked five times in 2009, 2011, and 2013 during their residence in the former Camp Ashraf and Camp Liberty/Hurriya by external persons and organizations, including Iraqi security forces, killing more than 100 residents and wounding 1,000 others. (9) Iraqi security forces are permanently stationed all around Camp Liberty/Hurriya, despite their history of violence against the unarmed residents, while all Liberty/Hurriya residents are kept inside the Camp's walled compound, with no freedom of movement for the residents outside the Camp and no access to counsel, family, NGOs, and press. SEC. 3. ACTIONS TO PROTECT IRANIAN DISSIDENTS LIVING IN CAMP LIBERTY/ HURRIYA. (1) The United States shall take all necessary and appropriate steps to ensure the safety of the residents of Camp Liberty/Hurriya. (2) The United States shall provide all necessary and appropriate assistance to the United Nations High Commissioner for Refugees to process applications by the residents of Camp Liberty/Hurriya for refugee status and to secure their orderly resettlement in safe locations outside of Iraq, including in the United States for any such residents who express such a desire. (3) The United States shall timely admit as refugees the residents of Camp Liberty/Hurriya in the U.S. and in doing so shall not delay or bar such resettlement merely because any such resident is or has been a member of, or supports or has supported, organizations or groups that were subject to the Secretary of State's decision of September 21, 2012, in Public Notice 8049, notwithstanding Sec. Sec. 212(a)(3)(B) and 212(a)(3)(F) of the Immigration and Nationality Act of 1965, as amended. (4) Within 90 days of the effective date of this Act, the Secretary of State and the Secretary of the Department of Homeland Security shall report to the Congress on steps taken by the United States to guard the safety of the residents of Camp Liberty/Hurriya and to secure their orderly resettlement in safe locations in accordance with the provisions of this Act.

Directs the United States to: (1) take all necessary and appropriate steps to ensure the safety of the residents of Camp Liberty/Hurriya in Iraq; (2) provide all necessary and appropriate assistance to the United Nations (U.N.) High Commissioner for Refugees to process refugee applications by the residents of Camp Liberty/Hurriya and to secure their safe resettlement outside of Iraq; and (3) admit the residents of Camp Liberty/Hurriya as refugees in the United States and not delay or bar such resettlement because any such resident is or has been a member of, or supports or has supported, organizations or groups that were subject to the Secretary of State's decision of September 21, 2012. Directs the Secretary and the Secretary of the Department of Homeland Security (DHS) to report to Congress on U.S. efforts to guard the safety of Camp Liberty/Hurriya residents and secure their orderly resettlement.

To ensure the emergency protection of Iranian dissidents living in Camp Liberty/Hurriya and to provide for their admission as refugees to the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Assessment Feasibility for Equipment Testing and Evaluation of Capabilities for our Homeland Act'' or the ``SAFE TECH Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Transportation Security Administration. (2) Administrator.--The term ``Administrator'' means the Administrator of the Transportation Security Administration. SEC. 3. THIRD PARTY TESTING OF SECURITY SCREENING TECHNOLOGY. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Administrator, in consultation with the Under Secretary for Science and Technology of the Department of Homeland Security, shall develop a program to enable a vendor of transportation security screening technology to obtain testing, including as an alternative to the Administration's testing process under paragraph (9) of section 114(f) of title 49, United States Code, by an appropriate third party, as determined by the Administrator, in consultation with the Under Secretary, of such technology before procurement or development of such technology. (b) Detection Testing.-- (1) In general.--The third party testing program authorized under subsection (a) shall include detection testing to evaluate the performance of a security screening technology relating to the probability of detection, the probability of false alarm, and other indicators that such technology is able to meet the Administration's mission needs for detection of-- (A) explosives; and (B) prohibited items. (2) Coordination with final processes.--To the extent practicable, and without compromising the integrity of the Administration's testing process under paragraph (9) of section 114(f) of title 49, United States Code, or the Department of Homeland Security's oversight of such testing process, or increasing costs to the Administration, the Administrator shall coordinate the third party detection testing under paragraph (1) with any associated subsequent final Department of Homeland Security testing. (3) International partnerships.--To the extent practicable and permissible under law, and in accordance with national security interests of the United States, the Administrator shall-- (A) share with appropriate international partners detection testing information and standards; and (B) coordinate with such appropriate international partners to align such testing information and standards to maximize the capability to detect explosives and other threats. (c) Alternative Testing Factors.--Third party testing under subsection (a) may include as an alternative, at the discretion of the Administrator, the testing at the TSA Systems Integration Facility of the Administration, including testing for-- (1) health and safety factors; (2) operator interface; (3) human factors; (4) environmental factors; (5) throughput; (6) reliability, maintainability, and availability factors; and (7) interoperability. (d) Testing Framework.--The Administrator, in consultation with the Under Secretary for Science and Technology of the Department of Homeland Security, shall-- (1) establish a framework for the third party testing under this section to determine if the security screening technology that is the subject of such testing satisfies the Administration's requirements before such technology may enter or re-enter, as applicable, operational testing at an airport or other transportation facility; and (2) use phased implementation to allow the Administration and the third party concerned to establish best practices. (e) Prioritization of Third Party Testing.--The Administrator may prioritize, when appropriate, the field testing of security screening technology and equipment by third parties. (f) Eligible Entities.-- (1) United states ownership.--An entity providing third party testing under the program developed pursuant to subsection (a) shall be owned and controlled by a citizen of the United States. (2) Waiver.--The Administrator may waive the requirement specified in paragraph (1) with respect to an entity that is a United States subsidiary of a parent company that has implemented a foreign ownership, control, or influence mitigation plan that has been approved by the Defense Security Service of the Department of Defense prior to seeking to engage in third party testing. The Administrator has complete discretion to reject any proposal from a company to provide testing under subsection (a) that requires a waiver under this paragraph. (3) Conflicts of interest.--The Administrator shall ensure, to the extent possible, that an entity providing third party testing under this section does not have a contractual, business, or other pecuniary interest (exclusive of any such testing) in-- (A) the security screening technology subject to such testing; or the (B) vendor of such technology. SEC. 4. RECIPROCAL RECOGNITION OF SECURITY STANDARDS. (a) In General.--The Administrator, in coordination with the European Civil Aviation Conference, shall continue development of a validation process for the reciprocal recognition of security validation processes for recognition of security screening technologies or certification authorities for deployment. (b) Requirement.--The validation process under subsection (a) shall ensure that the certification process of each participating international security partner or recognized certification authority complies with Administration standards. SEC. 5. GAO REVIEW. Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a study on the third party testing program developed under this Act. Such study shall include a review of the following: (1) Any efficiencies or gains in effectiveness achieved in the Administration's operations as a result of such program. (2) The degree to which the Administration conducts timely and regular oversight of entities engaged in such testing. (3) The effect of such program on the following: (A) The introduction of innovative detection technologies into security screening operations. (B) The availability of testing for technologies developed by small to medium sized businesses. (C) Any vulnerabilities associated with such program including with respect to the following: (i) National security. (ii) Conflicts of interest between entities carrying out such testing and entities with such technologies to be tested. (iii) Waste, fraud, and abuse. Passed the House of Representatives January 9, 2018. Attest: KAREN L. HAAS, Clerk.

Security Assessment Feasibility for Equipment Testing and Evaluation of Capabilities for our Homeland Act or the SAFE TECH Act (Sec. 3) This bill directs the Transportation Security Administration (TSA) to develop a program allowing a vendor to obtain performance testing of transportation security screening technology through a third party as an alternative to the TSA's regular testing process. (Sec. 4) The TSA must develop a process for reciprocal recognition of security standards in coordination with the European Civil Aviation Conference. (Sec. 5) The Government Accountability Office must report on the third-party testing program established by this bill.

Security Assessment Feasibility for Equipment Testing and Evaluation of Capabilities for our Homeland Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Japan Trade Equalizing Act of 1993''. TITLE I--FINDINGS AND DEFINITIONS SEC. 101. FINDINGS, PURPOSE, AND DISCLAIMERS. (a) Findings.--The Congress makes the following findings: (1) The United States trade deficit with Japan has increased substantially over the past decade. In 1991, the United States trade deficit with Japan was $43,400,000,000. The trade deficit increased by 14 percent in 1 year, to over $49,400,000,000 by the end of 1992. (2) The traditional domestic motor vehicle and motor vehicle parts sector directly employs more than 1 million workers and indirectly employs several million more. The workers are skilled, hard working, productive, capable, and proud of their work. The workers and their employers have achieved great improvements in quality, performance, fuel economy, safety, and design of domestic motor vehicles. (3) The domestic motor vehicle and motor vehicle parts sector directly and indirectly accounts for about 12 percent of our gross national product and generates more than $200,000,000,000 a year in revenue. (4) The domestic motor vehicle and motor vehicle parts sector is a major consumer of steel, glass, textiles, rubber, aluminum, machine tools, chemicals, electronics, and other important products. (5) Recognizing the competitive pressures facing the motor vehicle industry, Japan has operated under a voluntary export restraint arrangement since 1981 that has not been recognized or enforced by the United States Government. (6) Since 1986 the United States Government has engaged, with little result, in a negotiating process with the Government of Japan to obtain fair access to the markets of that nation for United States producers of motor vehicle parts and manufacturers of motor vehicles. (7) Despite these negotiating efforts, in 1992 the United States posted a $49,400,000,000 trade deficit with Japan of which over $30,000,000,000 was accounted for by the automotive sector deficit ($9,800,000,000 of which was attributable to motor vehicle parts), and there is little evidence that the Japanese Government is seriously trying to eliminate such deficits which are detrimental to the United States economy and jobs. (8) In addition to transplant assembly facilities in the United States that are owned or controlled by Japanese persons, motor vehicles and motor vehicle parts are being imported from Japan into the United States in such increased quantities and under such conditions as to cause, or threaten to cause, serious injury to domestic manufacturers of like or directly competitive products and to the domestic workers producing such products. (9) In the last 5 years, transplant assembly facilities in the United States that are owned or controlled by persons from Japan have not shifted significantly their procurement to traditional United States producers of motor vehicle parts, as illustrated by the fact that-- (A) the United States automotive parts trade deficit with Japan grew between 1985 and 1990 at an annual average rate of 17 percent and totaled $9,800,000,000 in 1992; and (B) only 12.5 percent of the customs value of vehicles manufactured in such transplant facilities in the United States is based on parts produced by traditional United States motor vehicle parts producers, while 35.1 percent of such value is based on imports from Japan and 32.4 percent of such value is based on purchases from Japanese-affiliated parts producers located in the United States. (10) The pattern of procurement described in paragraph (9) has contributed significantly to the overall United States merchandise trade deficit with Japan. (11) The continuation of current procurement practices by automobile companies owned or controlled by persons from Japan and the increased production of vehicles by transplant facilities in the United States is projected to result in a 110 percent (or $21,990,000,000) increase in the United States motor vehicle parts trade deficit by 1994. (12) Aftermarket parts are likely to account for 50 percent of the motor vehicle parts trade deficit with Japan by 1994 because transplant facilities are not purchasing sufficient quantities of original equipment from United States suppliers. (13) Traditional United States motor vehicle parts manufacturers are particularly underrepresented in the production of motor vehicles produced by transplant facilities in the United States in the following 3 major, high value-added vehicle systems: (A) Engines. (B) Transmissions. (C) Body structures. (14) In the 1991 National Trade Estimates Report, the United States Trade Representative listed ``close and durable relationships'' between Japanese motor vehicle makers and suppliers as a barrier to United States motor vehicle parts sales in Japan. (15) The market share of Japanese motor vehicle manufacturers in the European Community is currently 10 percent while their market share in the United States is about 35 percent. (16) The European Community has negotiated an understanding with the Government of Japan limiting the market share of motor vehicles produced by Japanese motor vehicle manufacturing companies both in Japan and in the European Community to less than 16 percent until the year 2000. (17) The home market for motor vehicles and motor vehicle parts in Japan remains largely closed to all foreign manufacturers whose combined market share equals no more than 3 percent. (18) Japan's nontariff market barriers include onerous inspection and certification systems that discriminate against foreign-made motor vehicles and motor vehicle parts, a tax system that discriminates against foreign-made products, closed distribution systems and dealer networks, and government- tolerated ``Keiretsu'' relationships involving motor vehicle and motor vehicle parts manufacturers and dealers. At the same time, Japanese firms enjoy open markets in the United States with no limitations or discrimination. (b) Purpose.--The purpose of this Act is to decrease the merchandise trade deficit of the United States with Japan by providing for a staged merchandise trade deficit reduction over a 5-year period. (c) Congressional Disclaimers.--It is the intent of Congress that this Act shall not be deemed to modify or amend the terms or conditions of any international treaty, convention, or agreement that may be applicable to motor vehicles and motor vehicle parts and to which the United States, on the date of the enactment of this Act, is a party, including, but not limited to, the terms or conditions of any such treaty, convention, or agreement which provide for the resolution of conflicts between the parties thereto. Nothing in this Act shall be construed (1) to confer jurisdiction upon any court of the United States to consider and resolve such conflicts, or (2) to alter or amend any law existing on the date of the enactment of this Act which may confer such jurisdiction in such courts. SEC. 102. DEFINITIONS. For purposes of this Act: (1) Motor vehicle and motor vehicle parts.-- (A) The term ``motor vehicle'' means any article of a kind described in heading 8703 or 8704 of the Harmonized Tariff Schedule of the United States. (B) The term ``motor vehicle parts'' means any article of a kind described in the following provisions of the Harmonized Tariff Schedule of the United States if suitable for use in the manufacture or repair of motor vehicles: (i) Subheadings 8407.31.00 through 8407.34.20 (relating to spark-ignition reciprocating or rotary internal combustion piston engines). (ii) Subheading 8408.20 (relating to the compression-ignition internal combustion engines). (iii) Subheading 8409 (relating to parts suitable for use solely or principally with engines described in clauses (i) and (ii)). (iv) Subheading 8483 (relating to transmission shafts and related parts). (v) Subheadings 8706.00.10 and 8706.00.15 (relating to chassis fitted with engines). (vi) Heading 8707 (relating to motor vehicle bodies). (vii) Heading 8708 (relating to bumpers, brakes and servo brakes, gear boxes, drive axles, nondriving axles, road wheels, suspension shock absorbers, radiators, mufflers and exhaust pipes, clutches, steering wheels, steering columns, steering boxes, and other parts and accessories of motor vehicles). The Secretary shall by regulation include as motor vehicle parts such other articles (described by classification under such Harmonized Tariff Schedule) that the Secretary considers appropriate for the purposes of this Act. (C)(i) The term ``Japanese motor vehicle'' means a motor vehicle which is the product of Japan. (ii) The term ``Japanese motor vehicle part'' means a motor vehicle part which is the product of Japan. (2) Entered.--The term ``entered'' means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States. (3) Import restriction implementation period.--The term ``import restriction implementation period'' means a calendar year which-- (A) occurs after 1994 and before calendar year 2001, and (B) follows a calendar year with respect to which the Secretary finds, under section 201(b), that the trade deficit reduction target was not met. (4) Interstate sale.--The term ``interstate sale'' means sale or distribution in the interstate commerce of the United States. (5) Baseline deficit.--(A) The term ``baseline deficit'' means the average monthly merchandise trade deficit, as computed by the Secretary, of the United States with Japan during calendar year 1993. (B) In computing merchandise trade deficits under this section, the value of bilateral trade between the United States and Japan in-- (i) crude petroleum; and (ii) nonmonetary gold; shall not be included. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (7) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. TITLE II--MERCHANDISE TRADE DEFICIT REDUCTION SEC. 201. STAGED TRADE DEFICIT REDUCTION. (a) Trade Deficit Reduction Targets.-- (1) In general.--The trade deficit reduction target for each of the calendar years listed below is an average monthly merchandise trade deficit of the United States with Japan during such year that does not exceed an amount that equals the applicable percentage of the baseline deficit that appears opposite such year: Calendar year Applicable percentage of baseline deficit 1994.......................................... 80 percent 1995.......................................... 60 percent 1996.......................................... 40 percent 1997.......................................... 20 percent 1998.......................................... 0 percent (2) Special rule for 1998.--For calendar year 1998, the 0 percent trade deficit reduction target shall be treated as having been met if the merchandise trade deficit of the United States with Japan during such year does not exceed-- (A) an amount equal to 5 percent of the value of the aggregate bilateral merchandise trade between the United States and Japan during such year; or (B) $5,000,000,000. (b) Computations.-- (1) In general.--Not later than January 1 following each calendar year listed in subsection (a)(1), the Secretary shall compute whether the trade deficit reduction target for such year was met. (2) Announcement of import restriction implementation period.--If the Secretary finds under paragraph (1) that the trade deficit reduction target specified under subsection (a) for a calendar year was not met, the Secretary shall announce, by publication in the Federal Register, that the import restriction implementation period is in effect beginning on January 1 of the year after the year to which the finding applies. SEC. 202. COMPUTATION OF IMPORT RESTRICTIONS IF TRADE DEFICIT REDUCTION TARGET NOT MET. (a) In General.--On January 1 of the first calendar year (and each calendar year thereafter) for which an import restriction implementation period is in effect, the Secretary shall compute and publish in the Federal Register the quantitative import restrictions for such calendar year. (b) Computation.-- (1) In general.--For purposes of subsection (a), the term ``quantitative import restrictions'' means the aggregate quantity of Japanese motor vehicles and the aggregate quantity of Japanese motor vehicle parts that may be entered into the United States (in accordance with paragraph (2) or (3)) for a calendar year described in subsection (a). (2) First year restrictions.--The aggregate quantity of Japanese motor vehicles and Japanese motor vehicle parts that may be entered into the United States, during the first calendar year for which an import restriction implementation period is in effect, may not exceed the aggregate quantity of such motor vehicles and the aggregate quantity of such motor vehicle parts entered into the United States during 1993, reduced by 20 percent. (3) Subsequent years.--In the case of any calendar year for which an import restriction period is in effect after the first such calendar year, the aggregate quantity of Japanese motor vehicles and Japanese motor vehicle parts that may be entered into the United States shall not exceed the amount of such motor vehicles and motor vehicle parts entered during the most recent preceding calendar year for which an import restriction implementation period was in effect, reduced by 20 percent. (4) Administration.--In order to prevent import surging or to otherwise ensure the efficient administration of this Act, the Secretary may impose temporary quantitative import restrictions on Japanese motor vehicles and Japanese motor vehicle parts entered during the first 3 months of a calendar year in an import restriction implementation period. SEC. 203. REPORTS. Within 30 days after a computation is made under section 201 or 202 with respect to a calendar year, the Secretary shall submit to the Congress a report setting forth the bases of the computation. SEC. 204. SENSE OF CONGRESS REGARDING ACHIEVEMENT OF MERCHANDISE TRADE DEFICIT REDUCTION TARGETS. It is the sense of the Congress that representatives of the United States and Japanese Governments should undertake continuing discussions regarding the means and measures, to be selected by the Japanese Government, to achieve the merchandise trade deficit reduction targets required under section 201(a). During the discussions, the Trade Representative should particularly address market access priorities for United States exports to Japan.

TABLE OF CONTENTS: Title I: Findings and Definitions Title II: Merchandise Trade Deficit Reduction United States-Japan Trade Equalizing Act of 1993 - Title I: Findings and Definitions - Sets forth congressional findings and purposes with respect to access to Japanese markets by U.S. manufacturers of motor vehicles and motor vehicle parts. Title II: Merchandise Trade Deficit Reduction - Sets forth annual merchandise trade deficit reduction targets with respect to Japan's trade deficit with the United States. Requires the Secretary of Commerce to: (1) compute annually whether the target has been met for each year; (2) publish in the Federal Register that the import restriction implementation period is in effect for the year following the year a target has not been met; and (3) compute annually and publish in the Federal Register the quantitative import restrictions for years in which import restrictions are effective. Prohibits the quantity of Japanese motor vehicles and parts that may be entered into the United States in: (1) the first year in which a restriction is in effect from exceeding the quantity of such vehicles and parts entered during 1993, reduced by 20 percent; and (2) subsequent years from exceeding the quantity entered during the most recent year for which a restriction was in effect, reduced by 20 percent. Authorizes the Secretary to impose temporary quantitative import restrictions on such motor vehicles and parts during the first three months of an import restriction implementation period in order to prevent surging. Expresses the sense of the Congress that representatives of the U.S. and Japanese Governments should undertake continuing discussions regarding the measures to be selected by the Japanese Government to achieve the merchandise trade deficit reduction targets.

United States-Japan Trade Equalizing Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Estate Transparency Act of 2007''. SEC. 2. GREATER TRANSPARENCY OF SETTLEMENT FEES. (a) In General.--Section 4 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2603) is amended-- (1) in subsection (a), in the first sentence, by striking ``The Secretary,'' and inserting ``Provision of Settlement Statement.--The Secretary,''; (2) in subsection (b)-- (A) in the first sentence-- (i) by striking ``The form'' and inserting ``Advance Inspection of Settlement Statement.-- The form''; and (ii) by striking ``, except'' and all that follows through ``available at such time''; and (B) in the second sentence-- (i) by striking ``Upon the request of the borrower to inspect the form prescribed under this section during the'' and inserting ``At least 1''; (ii) by striking ``shall permit the'' and inserting ``shall provide a completed, written copy of the settlement statement to the''; and (iii) by striking ``to inspect those'' and all that follows through ``preceding day''; and (3) by adding at the end the following: ``(c) Agreement for Originator Fees.-- ``(1) Notice of fees.--Not later than 3 days after a person applies for a federally related mortgage loan, the mortgage originator of such loan shall provide to that person a written agreement itemizing all of the fees that person may be charged by the mortgage originator, including any origination fees, underwriting fees, broker fees, and any other fees to be charged at or before the settlement of such loan to be paid to the mortgage originator. Bona fide discount points payable by such person to reduce the interest rate of such loan need not be included on any originator fees agreement under this paragraph. ``(2) Method of payment.-- ``(A) In general.--Each originator fee agreement under paragraph (1) shall set out the following 3 methods for the payment of the fees described in any such agreement: ``(i) Payment in cash before or at settlement. ``(ii) Adding such fees into the total loan amount to be borrowed. ``(iii) Increasing the interest rate of the loan. ``(B) Borrower's choice of payment method.--Each applicant for a federally related mortgage loan, in determining how to pay any of the fees described in an originator fees agreement under paragraph (1), shall choose one of the payment methods described under subparagraph (A), except that the applicant may choose to combine the payment methods described under clauses (i) and (ii) of subparagraph (A). ``(C) Required explanation.-- ``(i) Written.--Each originator fee agreement under paragraph (1) shall include a written explanation of each of the payment options listed in subparagraph (A), along with a clear and concise illustration of the effect of each option on the amount borrowed, the interest rate, the payments required on the loan, and any other loan terms which might be affected by such option. ``(ii) Oral.--Each mortgage originator of a federally related mortgage loan shall explain to each applicant for such a loan each of the payment options listed in subparagraph (A) before accepting any payment from that person. ``(D) Required signature.--Before any applicant for a federally related mortgage loan is obligated to pay any of the fees described in the originator fees agreement under paragraph (1), the person shall have-- ``(i) agreed to and signed the originator fees agreement described under paragraph (1); and ``(ii) exercised the option for determining the method of payment for such fees. ``(d) Early Settlement Statement.-- ``(1) In general.--Not later than 3 days after a person applies for a federally related mortgage loan, the mortgage originator of such loan shall provide to that person a written early settlement statement of all of the settlement costs to be charged to that person at or before settlement. The early settlement statement shall be in the same or a similar form as the statement of settlement costs provided to the person pursuant to subsection (a). ``(2) Required inclusions.--Each early settlement statement under this subsection shall include an itemization of the following: ``(A) All fees agreed to by the applicant of a federally related mortgage loan pursuant to the originator fees agreement described under subsection (c)(1). ``(B) All fees to be charged to that applicant by independent third parties, including government agencies at or before settlement of the loan, plus all escrows reserves which may be required of that person. ``(e) Borrower Liability for Fees.--No borrower shall be liable for any fees which are not disclosed on an early settlement statement, except that the borrower is liable for such fees if-- ``(1) the total amount charged for fees imposed by independent third parties is-- ``(A) not more than 10 percent greater than that stated in the early settlement statement; or ``(B) greater than that allowed under subparagraph (A) because bona fide and reasonable expenses were incurred by such third parties for unanticipated inspection, appraisal, survey, or flood certification of the home which was the subject of such loan; ``(2) the mortgage originator provides a reasonable explanation of the circumstances surrounding the settlement of the loan of the borrower which were different than anticipated by the mortgage originator when the statement was provided; and ``(3) the mortgage originator does not engage in a pattern or practice of providing early settlement statements which disclose individual fees of independent third parties in different amounts than actually charged at settlement. ``(f) Liability for Failure To Comply.-- ``(1) In general.--Whoever fails to comply with any provision of this section shall be liable to the borrower for an amount equal to the sum of-- ``(A) any actual damages to the borrower as a result of the failure; and ``(B) $5,000 for each such instance of noncompliance. ``(2) Court costs.--In addition to any amount under paragraph (1), in the case of any successful action brought by a borrower under this subsection, such borrower shall be reimbursed for the costs of the action, together with any attorneys fees incurred in connection with such action as the court may determine to be reasonable under the circumstances. ``(g) Definition.--As used in this section, the term `mortgage originator'-- ``(1) means any person who, for direct or indirect compensation or gain, or in the expectation of direct or indirect compensation or gain-- ``(A) takes a residential mortgage loan application; or ``(B) assists a consumer in obtaining or applying to obtain a residential mortgage loan; and ``(2) includes any person who makes loans directly or brokers loans for others.''. (b) Conforming Amendment.--Section 5(c) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604(c)) is hereby repealed.

Real Estate Transparency Act of 2007 - Amends the Real Estate Settlement Procedures Act of 1974 to modify requirements governing settlement statements. Requires the originator of a federally related mortgage loan to provide, within three days of a loan application, a written agreement to the applicant itemizing all of the fees the originator may charge at or before loan settlement, including origination, underwriting, and broker fees. Excludes from such requirement bona fide discount points payable by the borrower to reduce the loan's interest rate. Requires an originator fee agreement to set out the following fee payment methods: (1) paying in cash before or at settlement; (2) adding such fees into the total loan amount to be borrowed; and (3) increasing the loan's interest rate. Requires: (1) written and oral explanations of a borrower's payment options; and (2) a borrower's signature attesting agreement with originator fees and with the chosen method of payment. Requires the originator to provide the applicant with a written early settlement statement of all settlement costs to be charged at or before settlement. Shields borrowers from liability for any such fees not disclosed on an early settlement statement, except in certain circumstances. Establishes originator liability to a borrower for non-compliance with this Act, including reimbursement of the borrower for court costs. Repeals the requirement that special information booklets prepared by the Secretary of Housing and Urban Development (HUD) for borrowers contain a good faith estimate of the amount or range of expected settlement charges.

A bill to amend the Real Estate Settlement Procedures Act to require mortgage originators to make their fees more transparent.

SECTION 1. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Table of contents. TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS Sec. 101. Payments for educational services. Sec. 102. Authorization for park facilities to be located outside the boundaries of Yosemite National Park. TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT Sec. 201. Short title. Sec. 202. Golden Gate National Recreation Area, California. TITLE III--REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT Sec. 301. Short title. Sec. 302. Redwood National Park boundary adjustment. TITLE I--YOSEMITE NATIONAL PARK AUTHORIZED PAYMENTS SEC. 101. PAYMENTS FOR EDUCATIONAL SERVICES. (a) In General.--(1) For fiscal years 2006 through 2009, the Secretary of the Interior may provide funds to the Bass Lake Joint Union Elementary School District and the Mariposa Unified School District in the State of California for educational services to students-- (A) who are dependents of persons engaged in the administration, operation, and maintenance of Yosemite National Park; or (B) who live within or near the park upon real property owned by the United States. (2) The Secretary's authority to make payments under this section shall terminate if the State of California or local education agencies do not continue to provide funding to the schools referred to in subsection (a) at per student levels that are no less than the amount provided in fiscal year 2005. (b) Limitation on Use of Funds.--Payments made under this section shall only be used to pay public employees for educational services provided in accordance with subsection (a). Payments may not be used for construction, construction contracts, or major capital improvements. (c) Limitation on Amount of Funds.--Payments made under this section shall not exceed the lesser of-- (1) $400,000 in any fiscal year; or (2) the amount necessary to provide students described in subsection (a) with educational services that are normally provided and generally available to students who attend public schools elsewhere in the State of California. (d) Source of Payments.--(1) Except as otherwise provided in this subsection, the Secretary may use funds available to the National Park Service from appropriations, donations, or fees. (2) Funds from the following sources shall not be used to make payments under this section: (A) Any law authorizing the collection or expenditure of entrance or use fees at units of the National Park System, including-- (i) the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.); and (ii) the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.). (B) Any unexpended receipts collected through-- (i) the recreational fee demonstration program established under section 315 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (16 U.S.C. 460l-6a note; Public Law 104-134); or (ii) the national park passport program established under section 602 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5992). (C) Emergency appropriations for flood recovery at Yosemite National Park. (3)(A) The Secretary may use an authorized funding source to make payments under this section only if the funding available to Yosemite National Park from such source (after subtracting any payments to the school districts authorized under this section) is greater than or equal to the amount made available to the park for the prior fiscal year, or in fiscal year 2005, whichever is greater. (B) It is the sense of Congress that any payments made under this section should not result in a reduction of funds to Yosemite National Park from any specific funding source, and that with respect to appropriated funds, funding levels should reflect annual increases in the park's operating base funds that are generally made to units of the National Park System. SEC. 102. AUTHORIZATION FOR PARK FACILITIES TO BE LOCATED OUTSIDE THE BOUNDARIES OF YOSEMITE NATIONAL PARK. (a) Funding Authority for Transportation Systems and External Facilities.--Section 814(c) of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 346e) is amended-- (1) in the heading by inserting ``AND YOSEMITE NATIONAL PARK'' after ``ZION NATIONAL PARK''; (2) in the first sentence-- (A) by inserting ``and Yosemite National Park'' after ``Zion National Park''; and (B) by inserting ``for transportation systems or'' after ``appropriated funds''; and (3) in the second sentence by striking ``facilities'' and inserting ``systems or facilities''. (b) Clarifying Amendment for Transportation Fee Authority.--Section 501 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5981) is amended in the first sentence by striking ``service contract'' and inserting ``service contract, cooperative agreement, or other contractual arrangement''. TITLE II--RANCHO CORRAL DE TIERRA GOLDEN GATE NATIONAL RECREATION AREA BOUNDARY ADJUSTMENT SEC. 201. SHORT TITLE. This title may be cited as the ``Rancho Corral de Tierra Golden Gate National Recreation Area Boundary Adjustment Act''. SEC. 202. GOLDEN GATE NATIONAL RECREATION AREA, CALIFORNIA. Section 2(a) of Public Law 92-589 (16 U.S.C. 460bb-1(a)) is amended-- (1) by striking ``The recreation area shall comprise'' and inserting the following: ``(1) Initial lands.--The recreation area shall comprise''; and (2) by striking ``The following additional lands are also'' and all that follows through the period at the end of the subsection and inserting the following new paragraphs: ``(2) Additional lands.--In addition to the lands described in paragraph (1), the recreation area shall include the following: ``(A) The parcels numbered by the Assessor of Marin County, California, 119-040-04, 119-040-05, 119-040-18, 166-202-03, 166-010-06, 166-010-07, 166-010-24, 166-010-25, 119-240-19, 166-010-10, 166-010-22, 119-240-03, 119-240-51, 119-240-52, 119-240-54, 166-010-12, 166-010-13, and 119-235-10. ``(B) Lands and waters in San Mateo County generally depicted on the map entitled `Sweeney Ridge Addition, Golden Gate National Recreation Area', numbered NRA GG-80,000-A, and dated May 1980. ``(C) Lands acquired under the Golden Gate National Recreation Area Addition Act of 1992 (16 U.S.C. 460bb-1 note; Public Law 102-299). ``(D) Lands generally depicted on the map entitled `Additions to Golden Gate National Recreation Area', numbered NPS-80-076, and dated July 2000/PWR-PLRPC. ``(E) Lands generally depicted on the map entitled `Rancho Corral de Tierra Additions to the Golden Gate National Recreation Area', numbered NPS-80,079E, and dated March 2004. ``(3) Acquisition limitation.--The Secretary may acquire land described in paragraph (2)(E) only from a willing seller.''. TITLE III--REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT SEC. 301. SHORT TITLE. This title may be cited as the ``Redwood National Park Boundary Adjustment Act of 2005''. SEC. 302. REDWOOD NATIONAL PARK BOUNDARY ADJUSTMENT. Section 2(a) of the Act of Public Law 90-545 (16 U.S.C. 79b(a)) is amended-- (1) in the first sentence, by striking ``(a) The area'' and all that follows through the period at the end and inserting the following: ``(a)(1) The Redwood National Park consists of the land generally depicted on the map entitled `Redwood National Park, Revised Boundary', numbered 167/60502, and dated February, 2003.''; (2) by inserting after paragraph (1) (as designated by paragraph (1)) the following: ``(2) The map referred to in paragraph (1) shall be-- ``(A) on file and available for public inspection in the appropriate offices of the National Park Service; and ``(B) provided by the Secretary of the Interior to the appropriate officers of Del Norte and Humboldt Counties, California.''; and (3) in the second sentence-- (A) by striking ``The Secretary'' and inserting the following: ``(3) The Secretary;'' and (B) by striking ``one hundred and six thousand acres'' and inserting ``133,000 acres''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Title I: Yosemite National Park Authorized Payments - (Sec. 101) Authorizes the Secretary of the Interior to provide funds for FY2006-FY2009 to the Bass Lake Joint Union Elementary School District and the Mariposa Unified School District in California for educational services for students who: (1) are dependents of persons engaged in the administration, operation, and maintenance of Yosemite National Park; or (2) live within or near the Park upon Federal property. Terminates the Secretary's authority to make such payments if the State of California or local education agencies do not continue to provide funding to the schools in those school districts at per student levels that at least equal to the amount provided in FY2005. Sets forth limitations on the use and amount of such funds, including a maximum limit of $400,000 on payments in any fiscal year. Prohibits the use of funds to make payments under this Act from the following sources: (1) any law authorizing the collection or expenditure of entrance or use fees at units of the National Park System; (2) any unexpended receipts collected through the recreational fee demonstration program or the national park passport program; and (3) emergency appropriations for Yosemite flood recovery. Allows the Secretary to use an authorized funding source to make payments only if the funding available to Yosemite National Park from such source (after subtracting any payments to the school districts) is greater than or equal to the amount made available to the Park for the prior fiscal year, or in FY2005, whichever is greater. (Sec. 102) Amends the Omnibus Parks and Public Lands Management Act of 1996 to allow certain facilities to be located outside the boundaries of Yosemite National Park. Title II: Rancho Corral De Tierra Golden Gate National Recreation Area Boundary Adjustment - Rancho Corral de Tierra Golden Gate National Recreation Area Boundary Adjustment Act - (Sec. 202) Modifies the boundaries of the Golden Gate National Recreation Area in California to include specified additional lands. Allows the Secretary of the Interior to acquire certain of those lands only from a willing seller. Title III: Redwood National Park Boundary Adjustment - Redwood National Park Boundary Adjustment Act of 2005 - (Sec. 302) Revises the boundaries of the Redwood National Park in California. Requires that the map of the revised boundaries be placed on file and be available for public inspection in offices of the National Park Service and that such map be provided by the Secretary of the Interior to officers of Del Norte and Humboldt Counties, California. Increases to 133,000 acres the maximum acreage of the Park.

A bill to authorize the Secretary of the Interior to provide supplemental funding and other services that are necessary to assist certain local school districts in the State of California in providing educational services for students attending schools located within Yosemite National Park, to authorize the Secretary of the Interior to adjust the boundaries of the Golden Gate National Recreation Area, to adjust the boundaries of Redwood National Park, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Lending Pilot Act of 2003''. SEC. 2. CHILD CARE BUSINESS LOAN PROGRAM. (a) Loans Authorized.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``The Administration'' and inserting the following: ``(a) Authorization.--The Administration''; (B) by striking ``and such loans'' and inserting ``. Such loans''; (C) by striking ``: Provided, however, That the foregoing powers shall be subject to the following restrictions and limitations:'' and inserting a period; and (D) by adding at the end the following: ``(b) Restrictions and Limitations.--The authority under subsection (a) shall be subject to the following restrictions and limitations:''; and (2) in paragraph (1)-- (A) by inserting after ``Use of proceeds.--'' the following: ``(A) In general.--''; and (B) by adding at the end the following: ``(B) Loans to small, non-profit child care businesses.--The proceeds of any loan described in subsection (a) may be used by the borrower to assist, in addition to other eligible small business concerns, small, non-profit child care businesses, provided that-- ``(i) the loan will be used for a sound business purpose that has been approved by the Administration; and ``(ii) each such business receiving financial assistance meets all of the same eligibility requirements applicable to for- profit businesses under this title, except for status as a for-profit business.''. (b) Reports.-- (1) Small business administration.-- (A) In general.--Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter until September 30, 2006, the Administrator of the Small Business Administration shall submit a report on the implementation of the program under subsection (a) to-- (i) the Committee on Small Business and Entrepreneurship of the Senate; and (ii) the Committee on Small Business of the House of Representatives. (B) Contents.--The report under subparagraph (A) shall contain-- (i) the date on which the program is implemented; (ii) the date on which the rules are issued pursuant to subsection (c); and (iii) the number and dollar amount of loans under the program applied for, approved, and disbursed during the previous 6 months. (2) General accounting office.-- (A) In general.--Not later than March 31, 2006, the Comptroller General of the United States shall submit a report on the child care small business loans authorized by section 502(b)(1)(B) of the Small Business Investment Act of 1958, as added by this Act, to-- (i) the Committee on Small Business and Entrepreneurship of the Senate; and (ii) the Committee on Small Business of the House of Representatives. (B) Contents.--The report under subparagraph (A) shall contain information gathered during the first 2 years of the loan program, including-- (i) an evaluation of the timeliness of the implementation of the loan program; (ii) a description of the effectiveness and ease with which Certified Development Companies, lenders, and small businesses have participated in the loan program; (iii) a description and assessment of how the loan program was marketed; (iv) the number of child care small businesses, categorized by status as a for- profit or non-profit business and a new business or an expanded business, that-- (I) applied for loans under the program; (II) were approved for loans under the program; and (III) received loan disbursements under the program. (v) of the businesses under clause (iv)(III)-- (I) the number of such businesses in each State; (II) the total amount loaned to such businesses under the program; and (III) the average loan amount and term. (c) Rulemaking Authority.--Not later than 120 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue final rules to carry out the loan program authorized by section 502(b)(1)(B) of the Small Business Investment Act of 1958, as added by this Act. (d) Sunset Provision.--The amendments made by this section shall remain in effect until September 30, 2006, and shall apply to all loans authorized by section 502(b)(1)(B) of the Small Business Investment Act of 1958, as added by this Act, that are made during the period beginning on the date of enactment of this Act and ending on September 30, 2006.

Child Care Lending Pilot Act of 2003 - Amends the Small Business Investment Act of 1958 to allow the proceeds of loans made through the Small Business Administration (SBA) to local development companies for plant acquisition, construction, or expansion to be used to assist small, nonprofit child care businesses, provided that: (1) the loan will be used for a sound business purpose approved by the SBA; and (2) each business receiving the assistance meets eligibility requirements applicable to for-profit businesses.

A bill to create a 3-year pilot program that makes small, non-profit child care businesses eligible for SBA 504 loans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Promises to Service- Disabled Veterans Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Federal agencies have an obligation to comply with the Veterans Entrepreneurship and Small Business Development Act of 1999 (Public Law 106-50; 113 Stat. 233), and the amendments made by that Act, which established a Government-wide goal that not less than 3 percent of the total value of all prime contracts and subcontracts be awarded to small business concerns owned and controlled by service-disabled veterans each fiscal year (referred to in this section as the ``Government- wide goal for service-disabled veterans''). (2) Progress in meeting the Government-wide goal for service-disabled veterans has been unacceptably slow. (3) Prime contractors doing business with the United States Government have an obligation to do their part to meet the Government-wide goal for service-disabled veterans. (4) The public has a right to know whether the Executive departments (as defined in section 101 of title 5, United States Code) and prime contractors are meeting the Government- wide goal for service-disabled veterans. SEC. 3. TRANSPARENCY IN CONTRACTING GOALS FOR SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS. Section 15 of the Small Business Act (15 U.S.C. 644) is amended by adding at the end the following: ``(s) Transparency in Contracting Goals for Small Business Concerns Owned and Controlled by Service-Disabled Veterans.-- ``(1) Definitions.--In this subsection-- ``(A) the term `covered contractor' means a contractor that is required to submit a subcontracting plan under section 8(d) to an Executive department; and ``(B) the term `Executive department' has the meaning given that term in section 101 of title 5, United States Code. ``(2) Reports to administrator.--Three months after the date of enactment of this subsection, and quarterly thereafter, the head of each Executive department shall submit to the Administrator a report that contains-- ``(A) the percentage of the total value of all prime contracts awarded by the Executive department to small business concerns owned and controlled by service-disabled veterans during the 3-month period ending on the date of the report; ``(B) the name of each covered contractor to which the Executive department awards a contract; ``(C) for each contract awarded to a covered contractor by the Executive department-- ``(i) the percentage goal negotiated under section 8(d)(6)(A) for the utilization as subcontractors of small business concerns owned and controlled by service-disabled veterans; and ``(ii) if the contract is completed during the 3-month period ending on the date of the report, the percentage of the total value of subcontracts entered into by the covered contractor awarded to small business concerns owned and controlled by service-disabled veterans; ``(D) the weighted average percentage goal negotiated by each covered contractor under section 8(d)(6)(A) for the utilization as subcontractors of small business concerns owned and controlled by service-disabled veterans for all contracts awarded by the Executive department to the covered contractor; and ``(E) for all contracts awarded to covered contractors by the Executive department that are completed during the 3-month period ending on the date of the report, the percentage of the total value of all subcontracts awarded by covered contractors that were awarded to small business concerns owned and controlled by service-disabled veterans. ``(3) Rankings.--For the first full fiscal year following the date of enactment of this subsection, and each fiscal year thereafter, the Administrator shall rank-- ``(A) the Executive departments, based on-- ``(i) the percentage of the total value of prime contracts awarded by the Executive departments to small business concerns owned and controlled by service-disabled veterans; and ``(ii) the percentage of the total value of subcontracts awarded by covered contractors that are awarded contracts by the Executive departments to small business concerns owned and controlled by service-disabled veterans; and ``(B) covered contractors, based on the percentage of the total value of subcontracts awarded by the covered contractors to small business concerns owned and controlled by service-disabled veterans. ``(4) Publication.-- ``(A) Website.--Except as provided in subparagraph (B), the Administrator shall publish on a website accessible to the public a user-friendly, electronically searchable report containing-- ``(i) the information submitted to the Administrator under paragraph (2); and ``(ii) the rankings made by the Administrator under paragraph (3). ``(B) Exception for national security.--If the head of an Executive department determines that publication of information contained in a report submitted under paragraph (2) would be detrimental to national security, the Administrator shall not publish the information on the website described in subparagraph (A). ``(C) Updating.--The Administrator shall update the contents of the website described in subparagraph (A) not less frequently than quarterly. ``(5) Reports to congress.-- ``(A) Annual report.--The Administrator shall submit to Congress an annual report on the progress of each Executive department toward meeting the Government-wide goals for contracting and subcontracting established under subsection (g). ``(B) Contents.--Each report under this paragraph shall include-- ``(i) a statement of whether the website described in paragraph (4) contains the latest data reported to the Administrator by the Executive departments; and ``(ii) a recommendation of a prime contractor that should be recognized by Congress for outstanding progress in contracting with small business concerns owned and controlled by service-disabled veterans. ``(6) Rule of construction.--Nothing in this subsection may be construed to affect any other reporting requirement under Federal law.''.

Honoring Promises to Service-Disabled Veterans Act of 2011 - Amends the Small Business Act to direct the head of each executive department to submit a quarterly report to the Administrator of the Small Business Administration (SBA) containing the percentage of the total value of all prime contracts awarded by the executive department during the preceding three-month period to small business concerns owned and controlled by service-disabled veterans, including, along with other specified percentages, for contracts awarded to certain contractors required to submit a subcontracting plan, the negotiated percentage goal for utilization of such subcontractors and the total value of subcontracts entered into by the contractor awarded to service-disabled veteran small business concerns. Requires the Administrator to: (1) annually rank the executive departments and contractors concerned based on specified contracting and subcontracting percentages; (2) publish and update at least quarterly, on a publicly accessible website, subject to exceptions for information detrimental to national security, such information reported by the executive departments and the Administrator's annual rankings; and (3) submit to Congress an annual report on the progress of each executive department toward meeting the government-wide goal for service-disabled veterans (a government-wide goal that at least 3% of the total value of all prime contracts and subcontracts be awarded to small business concerns owned and controlled by service-disabled veterans each fiscal year) established in the Veterans Entrepreneurship and Small Business Development Act of 1999.

A bill to require transparency for Executive departments in meeting the Government-wide goals for contracting with small business concerns owned and controlled by service-disabled veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrity of the United States Courts Act of 2001''. SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL DECISIONS. (a) In General.--Subtitle A of title IV of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended by inserting after section 404 the following new section: ``SEC. 404A. REVIEW OF BINATIONAL PANEL DETERMINATIONS. ``(a) Basis for Review in Court of International Trade.-- ``(1) In general.--If, within 30 days after publication in the Federal Register of notice that a binational panel has issued a determination following a review under article 1904 of a decision of a competent investigating authority in the United States, a party or person within the meaning of paragraph 5 of article 1904 alleges that-- ``(A)(i) the determination of the panel was based on a misinterpretation of United States law; ``(ii) a member of a panel was guilty of a gross misconduct, bias, or a serious conflict of interest, or otherwise materially violated the rules of conduct, ``(iii) the panel seriously departed from a fundamental rule of procedure, or ``(iv) the panel manifestly exceeded its powers, authority, or jurisdiction set out in article 1904, as in failing to apply the appropriate standard of review, and ``(B) any of the actions described in subparagraph (A) has materially affected the panel's decision and threatens the integrity of the binational panel review process, then such party or person may file an appeal with the United States Court of International Trade, seeking review of the binational panel determination, pursuant to section 516A of the Tariff Act of 1930. ``(2) Review in court of international trade where binational panel does not act.--If a request for a panel review has been made under article 1904 and a panel is not convened within 315 days of the request, the Party requesting the panel review or person within the meaning of paragraph 5 of article 1904 may file an appeal of the antidumping or countervailing duty determination with respect to which the request was filed with the United States Court of International Trade. ``(b) Decisions of the Court.-- ``(1) In general.--In any appeal filed under subsection (a)(1) for review of a binational panel determination, the Court of International Trade shall, after examining the legal and factual analysis underlying the findings and conclusions of the panel's decision, determine whether any of the actions described in subsection (a)(1)(A) has been established. If the court finds that any of those actions has been established, the court shall vacate the original panel decision and enter judgment accordingly. If the actions are not established, the court shall affirm the original binational panel decision. Decisions of the Court of International Trade under this section shall be binding on the parties with respect to the matters between the parties that were before the panel. ``(2) Decisions where panel not convened.--In the case of an appeal filed under subsection (a)(2) for review of a determination of a competent investigating authority, the Court of International Trade shall, after examining the legal and factual analysis underlying the findings and conclusions of the investigating authority's determination, determine whether the determination was made in accordance with article 1904. If the court finds that the determination was not in accordance with article 1904 or is not supported by the legal and factual analysis, the court shall vacate the investigating authority's determination and enter judgment accordingly. If the court finds that the determination was in accordance with article 1904 and is supported by the legal and factual analysis, the court shall affirm the investigating authority's determination. Decisions of the Court of International Trade under this section shall be binding on the parties with respect to the matters between the parties that would have been before a panel had the panel been convened. ``(c) Exclusive Jurisdiction.--If a party or person within the meaning of paragraph 5 of article 1904 timely files a notice of appeal to the Court of International Trade pursuant to this section, then jurisdiction exclusively resides with the United States Court of International Trade, and such determinations are not subject to review by an extraordinary challenge committee under paragraph 13 of article 1904. ``(d) Applicability.--Subsections (a)(1), (b)(1), and (c) apply to all goods from NAFTA countries which were subject to an antidumping duty or countervailing duty determination of a competent investigating authority in the United States.''. (b) Conforming Amendment.--The table of contents of the North American Free Trade Implementation Act is amended by inserting after the item relating to section 404 the following: ``Sec. 404A. Review of binational panel determinations.''. SEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE. Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A)(i)(I), by striking ``or (viii)'' and inserting ``(viii), (ix), or (x)''; and (B) in subparagraph (B), by adding at the end the following: ``(ix) A final determination of a binational panel convened pursuant to article 1904 of the NAFTA. ``(x) A final determination of an investigating authority described in section 404A(a)(2) of the North American Free Trade Agreement Implementation Act.''; (2) in subsection (a)(5), in the matter preceding subparagraph (A), by inserting ``(other than a determination described in subsection (g)(3)(A)(vii))'' after ``apply''; and (3) in subsection (g)(3)(A)-- (A) in clause (v), by striking ``or'' at the end; (B) in clause (vi), by striking the period and inserting ``, or''; and (C) by adding at the end the following: ``(vii) a determination of which either a party or person within the meaning of paragraph 5 of article 1904 of the NAFTA has requested review pursuant to section 404A of the North American Free Trade Agreement Implementation Act.''. SEC. 4. APPLICATION TO CANADA AND MEXICO. Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act, the amendments made by this Act shall apply with respect to goods from Canada and Mexico. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to any final determination of a binational panel convened pursuant to article 1904 of the North American Free Trade Agreement or to a final determination of a competent investigating authority with respect to which section 404A(a)(2) of the North American Free Trade Agreement Implementation Act applies, notice of which is published in the Federal Register on or after the date of enactment of this Act.

Integrity of the United States Courts Act of 2001 - Amends the North American Free Trade Agreement (NAFTA) Implementation Act to permit a party or person to file with the U.S. Court of International Trade an appeal of a determination of a binational panel, alleging that a panel determination was based on a misinterpretation of U.S. law, a member of a binational panel is guilty of gross misconduct, bias, or serious conflict of interest, or that the panel seriously departed from a fundamental rule of procedure or exceeded its own authority, and such actions have materially affected panel determinations with respect to antidumping and countervailing duty cases and threaten the integrity of the panel review process.Authorizes a party to file an appeal of the antidumping or countervailing duty determination with the U.S. Court of International Trade if such party has requested a panel review of the determination, but such panel is not convened within 315 days.Amends the Tariff Act of 1930 to grant the U.S. Court of International Trade jurisdiction over the review of a final determination of a binational panel or an investigating authority.Declares that the amendments made by this Act with respect to antidumping and countervailing duty law shall apply to goods from Canada and Mexico.

A bill to provide for review in the Court of International Trade of certain determinations of binational panels under the North American Free Trade Agreement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Spaceport Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) spaceport development is a national economic interest that should be pursued as part of a national transportation policy; (2) many nations around the world, including France, China, Russia, Japan, Canada, and Australia, have embarked on aggressive commercial space development programs; (3) the United States, once the leader in the commercial space market, is in danger of falling behind in the international commercial space market; (4) the Government must clearly demonstrate its commitment to support commercial space activity in America, thereby encouraging greater financial support from private industry; (5) the United States must develop a long-term, comprehensive, and aggressive policy to successfully compete in the international commercial space market, to return the United States to its position of primary world supplier of launch services; and (6) spaceport development is the key component in this endeavor because it provides the final piece--launch facilities--to the existing parts of the United States commercial space market. SEC. 3. DEFINITION. For purposes of this Act, the term ``spaceport'' means a space launch or recovery facility, or a supporting educational or research facility providing space industry worker training or commercial application research, designated by a State in an application approved under section 5. SEC. 4. NATIONAL SPACEPORT OFFICE. (a) Establishment.--There is established within the Department of Transportation a National Spaceport Office. (b) Staff.--The National Spaceport Office shall have a staff consisting of a director, 4 regional supervisors, and not more than 5 additional support staff. (c) Duties.--The National Spaceport Office shall-- (1) administer the application and assistance program under section 5; and (2) establish appropriate procedures for-- (A) the competitive awarding of grants under section 5(b)(1); and (B) the transfer of excess Federal property to spaceports under section 5(b)(3), while ensuring that the spaceport compensates the Federal Government for the Federal expenses of operating facilities in connection with property so transferred. SEC. 5. SPACEPORT ASSISTANCE. (a) Application.--A State or State-designated entity, including a nonprofit organization, desiring assistance under this section shall submit an application to the National Spaceport Office requesting specifically the Federal assistance sought and setting forth a comprehensive plan for spaceport development, including the educational components of such development. (b) Assistance.--The National Spaceport Office shall approve meritorious applications submitted under subsection (a) and provide to the successful applicants assistance, including-- (1) grants, to the extent of available funding under section 9; (2) the use of excess Federal launch, recovery, launch vehicle, and support assets, consistent with applicable international agreements, for educational launches; and (3) excess Federal property, including research facilities, by transfer. SEC. 6. TAX-EXEMPT BOND FINANCING FOR SPACEPORTS. (a) In General.--Subsection (a) of section 142 of the Internal Revenue Code of 1986 (relating to exempt facility bonds) is amended by striking ``or'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, or'', and by adding at the end the following: ``(13) spaceports (as defined in section 3 of the National Spaceport Act).'' (b) Treatment Comparable To Airports.-- (1) Subparagraph (A) of section 142(b)(1) of such Code is amended by striking ``or (12)'' and inserting ``(12), or (13)''. (2) Subsection (c) of section 142 of such Code is amended by striking ``or (11)'' each place it appears and inserting ``(11), or (13)''. (3) Paragraph (3) of section 146(g) of such Code is amended by striking ``or (12)'' and all that follows and inserting ``(12), or (13) of section 142(a), and''. (c) Treatment of Property Owned By Designated Tax-Exempt Entities.--Paragraph (1) of section 142(b) of such Code is amended by adding at the end the following new subparagraph: ``(C) Spaceport facilities owned by designated tax- exempt entities.--For purposes of subparagraph (A), a spaceport shall be treated as owned by a governmental unit if it is owned by an entity which is exempt from tax under section 501(a) and which is designated by the State in which the spaceport is located to develop and operate the spaceport.'' (d) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. SEC. 7. APPLICABILITY OF OTHER LAW. Except as otherwise provided in this Act, activities of spaceports shall be subject to applicable provisions of chapter 701 of title 49, United States Code, relating to commercial space transportation. SEC. 8. REGULATORY EXEMPTION. The activities of the National Spaceport Office and of spaceports shall not be subject to regulation by the Federal Government except as provided in-- (1) this Act; (2) chapter 701 of title 49, United States Code; and (3) applicable laws relating to worker and workplace safety. SEC. 9. ANNUAL REPORT. The director of the National Spaceport Office shall annually transmit to the Congress a report on its activities under this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Transportation, out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502), for carrying out this Act $20,000,000 for each of the fiscal years 1996 through 2000. SEC. 11. TERMINATION OF NATIONAL SPACEPORT OFFICE. The National Spaceport Office shall terminate on October 1, 2000.

National Spaceport Act - Establishes in the Department of Transportation a National Spaceport Office to administer a grant program of State-run spaceports. Amends the Internal Revenue Code to provide tax-exempt bond financing for spaceports. Authorizes appropriations. Terminates the Office on October 1, 2000.

National Spaceport Act

SECTION 1. RELIEF WITH RESPECT TO RENT AND MORTGAGE PAYMENTS FOR RESERVE COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY. (a) Rent and Mortgage Relief.--Title III of the Servicemembers Civil Relief Act (50 U.S.C. App. 531 et seq.) is amended by adding at the end the following new section: ``SEC. 309. RENT AND MORTGAGE RELIEF. ``(a) Rent.--A member of a reserve component who is ordered to report for military service for a period of more than 90 days and who on the date of such order is a lessee of real property that is occupied by the member or dependents of the member as the primary residence of the member or dependents shall not be required to pay rent under that lease for any period of such military service during which the member is assigned to duty at a location sufficiently distant from such property that the member is unable to reside at such property. ``(b) Mortgages.-- ``(1) In general.--A member of a reserve component who is ordered to report for military service for a period of more than 90 days and who on the date of such order resides at real property that is occupied by the member or dependents of the member as the primary residence of the member or dependents, is owned by the member, and is secured by a mortgage shall be not be required during the period of such military service to make any payment of principal or interest on the mortgage. Any payment not paid by reason of the preceding sentence shall be deferred and shall be appended, on a month-for-month basis, to the end of the term of the mortgage, in the same amount as originally due. ``(2) Mortgage.--In this subsection, the term `mortgage' includes a trust deed or other security in the nature of a mortgage.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 308 the following new item: ``Sec. 309. Rent and mortgage relief.''. (c) Effective Date.--Section 309 of the Servicemembers Civil Relief Act, as added by subsection (a), shall apply with respect to obligations to make lease payments or mortgage payments that become due on or after the date of the enactment of this Act. SEC. 2. REFUNDABLE TAX CREDIT FOR LESSORS WITH RESPECT TO RENT RELIEF FOR RESERVE COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY. (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. CREDIT FOR LESSORS WITH RESPECT TO RENT RELIEF FOR RESERVE COMPONENTS MEMBERS ORDERED TO ACTIVE DUTY. ``(a) General Rule.--In the case of a lessor, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the reserve component rent relief credit. ``(b) Limitation Based on Previous Rent.--For purposes of this section-- ``(1) In general.--In the case of a property which was rented for the entire preceding taxable year, the amount taken into account under this section as rent not received with respect to such property shall not exceed the amount for which such property was rented for the preceding taxable year. ``(2) Property rented for less than full year.--In the case of a property which was rented for less than the entire preceding taxable year, the amount taken into account under this section as rent not received with respect to such property shall not exceed the amount for which such property was rented for the preceding taxable year, annualized under such methods as the Secretary may prescribe by regulation. ``(3) Property not rented during preceding year.--This subsection shall not apply in the case of a property which was not rented during the preceding taxable year. ``(c) Reserve Component Rent Relief Credit.--For purposes of subsection (a), the reserve component rent relief credit for a taxable year is the aggregate amount of rent not received on leases held by the taxpayer by reason of section 309(a) of the Servicemembers Civil Relief Act. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter with respect to amounts taken into account in determining the credit allowed under this section. ``(e) Regulations.--The Secretary shall issue such regulations as may be necessary or appropriate to carry out this section.''. (b) Technical Amendment.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or from section 36 of such Code'' before the period at the end. (c) Clerical Amendment.--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 redesignating the item relating to section 36 as an item relating to section 37 and by inserting after the item relating to section 35 the following new item: ``Sec. 36. Credit for lessors with respect to rent relief for reserve components members ordered to active duty.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Servicemembers Civil Relief Act to allow a military reservist who is ordered to active duty for a period of more than 90 days: (1) an exemption during the period of active duty from payment of rent on a primary residence occupied by such member or dependents; and (2) a deferral of mortgage payments on a principal residence. Amends the Internal Revenue Code to allow lessors of military reservists granted an exemption from rent payments under this Act a refundable tax credit for the exempted lease amounts.

To amend the Servicemembers Civil Relief Act to provide relief with respect to rent and mortgage payments for members of the reserve components who are called to active duty and to amend the Internal Revenue Code of 1986 to allow a refundable credit to lessors for payments foregone by reason of such relief.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Control Credit Act of 2013''. SEC. 2. TRANSFER OF EXCESS WORK-IN-KIND CREDIT. (a) In General.--Subject to subsection (b), the Secretary of the Army may apply credit for in-kind contributions provided by a non- Federal interest that is in excess of the required non-Federal cost- share for a water resources study or project, including credit for in- kind contributions provided to accelerate completion of a water resources study or project, toward the required non-Federal cost-share for a different water resources study or project. (b) Restrictions.-- (1) In general.--Except for subsection (a)(4)(D)(i) of that section, the requirements of section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) (as amended by section 3 of this Act) shall apply to any credit under this section. (2) Conditions.--Credit in excess of the non-Federal cost- share for a study or project may be approved under this section only if-- (A) the non-Federal interest submits a comprehensive plan to the Secretary that identifies-- (i) the studies and projects for which the non-Federal interest intends to provide in-kind contributions for credit that is in excess of the non-Federal cost share for the study or project; and (ii) the studies and projects to which that excess credit would be applied; (B) the Secretary approves the comprehensive plan; and (C) the total amount of credit does not exceed the total non-Federal cost-share for the studies and projects in the approved comprehensive plan. (c) Additional Criteria.--In evaluating a request to apply credit in excess of the non-Federal cost-share for a study or project toward a different study or project, the Secretary shall consider whether applying that credit will-- (1) help to expedite the completion of a project or group of projects; (2) reduce costs to the Federal Government; and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. (d) Report.-- (1) Deadlines.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary 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 an interim report on the use of the authority under this section. (B) Final report.--Not later than 5 years after the date of enactment of this Act, the Secretary 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 final report on the use of the authority under this section. (2) Inclusions.--The reports described in paragraph (1) shall include-- (A) a description of the use of the authority under this section during the reporting period; (B) an assessment of the impact of the authority under this section on the time required to complete projects; and (C) an assessment of the impact of the authority under this section on other water resources projects. SEC. 3. CREDIT FOR IN-KIND CONTRIBUTIONS. (a) In General.--Section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i) by inserting ``or a project under an environmental infrastructure assistance program'' after ``law''; (2) in subparagraph (C), by striking ``In any case'' and all that follows through the period at the end and inserting the following: ``(i) Construction.-- ``(I) In general.--In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of construction carried out by the non-Federal interest before execution of a partnership agreement and that construction has not been carried out as of the date of enactment of this subparagraph, the Secretary and the non-Federal interest shall enter into an agreement under which the non- Federal interest shall carry out such work prior to the non-Federal interest initiating construction or issuing a written notice to proceed for the construction. ``(II) Eligibility.--Construction that is carried out after the execution of an agreement to carry out work described in subclause (I) and any design activities that are required for that construction, even if the design activity is carried out prior to the execution of the agreement to carry out work, shall be eligible for credit. ``(ii) Planning.-- ``(I) In general.--In any case in which the non-Federal interest is to receive credit under subparagraph (A) for the cost of planning carried out by the non-Federal interest before execution of a feasibility cost sharing agreement, the Secretary and the non- Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work prior to the non-Federal interest initiating that planning. ``(II) Eligibility.--Planning that is carried out by the non-Federal interest after the execution of an agreement to carry out work described in subclause (I) shall be eligible for credit.''; (3) in subparagraph (D)(iii), by striking ``sections 101 and 103'' and inserting ``sections 101(a)(2) and 103(a)(1)(A) of the Water Resources Development Act of 1986 (33 U.S.C. 2211(a)(2); 33 U.S.C. 2213(a)(1)(A))''; (4) by redesignating subparagraph (E) as subparagraph (H); (5) by inserting after subparagraph (D) the following: ``(E) Analysis of costs and benefits.--In the evaluation of the costs and benefits of a project, the Secretary shall not consider construction carried out by a non-Federal interest under this subsection as part of the future without project condition. ``(F) Transfer of credit between separable elements of a project.--Credit for in-kind contributions provided by a non-Federal interest, under this section or section 104 of the Water Resources Development Act of 1986 (33 U.S.C. 2214), that are in excess of the non-Federal cost share for an authorized separable element of a project may be applied toward the non- Federal cost share for a different authorized separable element of the same project or toward another authorized project, within the same watershed, for which the non-Federal interest has a cost share responsibility. ``(G) Application of credit.--To the extent that credit for in-kind contributions, as limited by subparagraph (D), and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-Federal interest exceed the non-Federal share of the cost of construction of a project other than a navigation project, the Secretary shall reimburse the difference to the non-Federal interest, subject to the availability of funds.''; and (6) in subparagraph (H) (as redesignated by paragraph (4))-- (A) in clause (i), by inserting ``, and to water resources projects authorized prior to the date of enactment of the Water Resources Development Act of 1986 (Public Law 99-662), if correction of design deficiencies is necessary'' before the period at the end; and (B) by striking clause (ii) and inserting the following: ``(ii) Authorization in addition to specific credit provision.--In any case in which a specific provision of law authorizes credit for in- kind contributions provided by a non-Federal interest before the date of execution of a partnership agreement, the Secretary may apply the authority provided in this paragraph to allow credit for in-kind contributions provided by the non-Federal interest on or after the date of execution of the partnership agreement.''. (b) Applicability.--Section 2003(e) of the Water Resources Development Act of 2007 (42 U.S.C. 1962d-5b note) is amended by inserting ``, or construction of design deficiency corrections on the project,'' after ``construction on the project''. (c) Effective Date.--The amendments made by subsections (a) and (b) take effect on November 8, 2007. (d) Guidelines.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Army shall update any guidance or regulations for carrying out section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by subsection (a)) that are in existence on the date of enactment of this Act or issue new guidelines, as determined to be appropriate by the Secretary. (2) Inclusions.--Any guidance, regulations, or guidelines updated or issued under paragraph (1) shall include, at a minimum-- (A) the milestone for executing an in-kind memorandum of understanding for construction by a non- Federal interest; (B) criteria and procedures for evaluating a request to execute an in-kind memorandum of understanding for construction by a non-Federal interest that is earlier than the milestone under subparagraph (A) for that execution; and (C) criteria and procedures for determining whether work carried out by a non-Federal interest is integral to a project. (3) Public and stakeholder participation.--Before issuing any new or revised guidance, regulations, or guidelines or any subsequent updates to those documents, the Secretary shall-- (A) consult with affected non-Federal interests; (B) publish the proposed guidelines developed under this subsection in the Federal Register; and (C) provide the public with an opportunity to comment on the proposed guidelines. (e) Interim Period.--During the period beginning on the date of enactment of this Act and ending on the date on which guidance, regulations, or guidelines are updated or issued under subsection (d), the Secretary shall process credit under section 104 of the Water Resources Development Act of 1986 (33 U.S.C. 2214), upon request of a non-Federal interest, if-- (1) the applicable non-Federal work meets the requirements for credit under section 104; and (2) the applicable non-Federal work does not meet the requirements for credit under existing guidelines for section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b). (f) Availability of Credit.--Credit for in-kind contributions authorized under section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) or section 104 of the Water Resources Development Act of 1986 (33 U.S.C. 2214) shall be available for work performed by a non-Federal interest on any separable element of a project following the identification by the Secretary of project alternatives as part of a feasibility study or a general or limited reevaluation report. (g) Other Credit.--Nothing in section 221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(a)(4)) (as amended by subsection (a)) affects any eligibility for credit under section 104 of the Water Resources Development of 1986 (33 U.S.C. 2214) that was approved by the Secretary prior to the date of enactment of this Act.

Flood Control Credit Act of 2013 - Authorizes the Secretary of the Army to apply credit for in-kind contributions by a non-federal interest that exceed the required non-federal cost-share for a water resources study or project, including credit for in-kind contributions provided to accelerate completion of such a study or project, toward the required non-federal cost-share for a different water resources study or project. Allows credit in excess of non-federal cost-share for a study or project to be approved only if: (1) the non-federal interest submits a comprehensive plan to the Secretary that identifies the studies and projects for which it intends to provide in-kind contributions for credit that is in excess of the non-federal cost share for the study or project and the studies and projects to which that excess credit would be applied, (2) the Secretary approves such plan, and (3) the total amount of credit does not exceed the total non-federal cost-share for the studies and projects in the approved plan. Directs the Secretary to consider whether applying such credit will: (1) help to expedite the completion of a project or group of projects, (2) reduce federal government costs, and (3) aid the completion of a project that provides significant flood risk reduction or environmental benefits. Amends the Flood Control Act of 1970 to: allow a partnership agreement for the construction of a water resources project to require the Secretary to credit the value of in-kind contributions made by the non-federal interest toward the non-federal share of the cost of a project under an environmental infrastructure assistance program; require the Secretary and the non-federal interest, in any case in which the non-federal interest is to receive credit for the cost of construction it carried out before execution of a partnership agreement and such construction has not been carried out as of the date of enactment of this Act, to enter into an agreement under which the non-federal interest shall carry out such work prior to initiating construction or issuing a written notice to proceed for the construction; provide that construction that is carried out after the execution of such an agreement, and any design activities that are required for that construction, shall be eligible for credit; allow credit for in-kind contributions provided by a non-federal interest that are in excess of the non-federal cost share for an authorized separable element of a project to be applied toward the non-federal cost share for a different authorized separable element of the same project or toward another authorized project, within the same watershed, for which the non-federal interest has a cost share responsibility; and require the Secretary, to the extent that credit for in-kind contributions and credit for required land, easements, rights-of-way, dredged material disposal areas, and relocations provided by the non-federal interest exceed the non-federal share of the cost of construction of a project other than a navigation project, to reimburse the difference to the non-federal interest. Requires credit for in-kind contributions authorized for a water resources project under the Flood Control Act of 1970 or a flood control project under the Water Resources Development Act of 1986 to be available for work performed by a non-federal interest on any separable element of a project following the identification by the Secretary of project alternatives as part of a feasibility study or a general or limited reevaluation report.

Flood Control Credit Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Opportunity and Welfare Reduction Act of 1997''. SEC. 2. PILOT PROGRAM FOR PLACING WELFARE RECIPIENTS IN JOBS VACATED BY UNAUTHORIZED ALIENS. (a) In General.--The Attorney General shall conduct a pilot program under which the Attorney General shall provide a written notice to a State of one or more potential employment opportunities for an adult who is receiving assistance under the State program funded under part A of title IV of the Social Security Act, where such opportunity arises from-- (1) the removal of one or more unauthorized aliens from a work site in the State by an officer or employee of the Service performing duties relating to the enforcement of the immigration laws; or (2) the issuance of an unauthorized work letter by the Attorney General to an employer. (b) Implementation Deadline; Termination.--The Attorney General shall implement the pilot program not later than October 1, 1998. The Attorney General shall terminate the pilot program at the end of the 4- year period beginning on the first day the pilot program is in effect. (c) Scope of Operation.--The Attorney General shall provide for the operation of the pilot program in each State-- (1) the chief executive officer of which has requested that the Attorney General provide for such operation; and (2) that is receiving a grant under part A of title IV of the Social Security Act. (d) Notice.-- (1) Contents.--The notice required under subsection (a) shall include the following: (A) The name and address of the employer-- (i) from whose work site an unauthorized alien was removed; or (ii) to whom the unauthorized work letter was issued. (B) A classification of the employment position (or positions) formerly held by each unauthorized alien who was removed from the work site or was the subject of the unauthorized work letter, in terms of industry and whether the work performed was skilled or unskilled. (C) The location of the work site. (D) The number of unauthorized aliens who were-- (i) removed; or (ii) the subject of the unauthorized work letter. (2) Deadline.--The Attorney General shall submit the notice required under subsection (a) not later than 8 days after the day on which-- (A) the unauthorized alien is removed (in a case described in subsection (a)(1)); or (B) an officer or employee of the Service enters onto the work site for the purpose of removing an unauthorized alien, following issuance of the unauthorized work letter (in a case described in subsection (a)(2)). (e) Definitions.--For purposes of this Act: (1) Service.--The term ``Service'' has the meaning given such term in section 101(a)(34) of the Immigration and Nationality Act. (2) State.--The term ``State'' has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act. (3) Unauthorized alien.--The term ``unauthorized alien'' has the meaning given such term in section 274A(h)(3) of the Immigration and Nationality Act. (4) Unauthorized work letter.--The term ``unauthorized work letter'' means a Form I-9 Inspection Result Letter, issued by the Attorney General to an employer, identifying the possible presence of an unauthorized alien worker. SEC. 3. BONUS TO REWARD PARTICIPATING STATES. (a) In General.--Section 403(a)(4) of the Social Security Act (42 U.S.C. 603(a)(4)) (as amended by section 103 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2121)) is amended-- (1) in subparagraph (B)(i), by adding at the end the following: ``In the case of a high performing State that is an immigration pilot program State, such amount shall also be based on the score assigned to the State under subparagraph (D)(iii) for such fiscal year.''; (2) by amending subparagraph (C) to read as follows: ``(C) Formula for measuring state performance.-- ``(i) In general.--Not later than 1 year after the date of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the Secretary, in consultation with the National Governors' Association and the American Public Welfare Association, shall develop a formula for measuring State performance in operating the State program funded under this part so as to achieve the goals set forth in section 401(a). ``(ii) Immigration pilot program states.-- Not later than 6 months after the date of the enactment of the Job Opportunity and Welfare Reduction Act of 1997, the Secretary, in consultation with the National Governors' Association and the American Public Welfare Association, shall develop a formula for measuring the performance of immigration pilot program States in placing adults receiving assistance under the State program funded under this part in employment vacancies arising from-- ``(I) the removal of an unauthorized alien (as defined in section 2 of such Act) from a work site in the State by an officer or employee of the Immigration and Naturalization Service performing duties relating to the enforcement of the immigration laws; or ``(II) the issuance by the Attorney General to an employer of an unauthorized work letter (as defined in such section) with respect to a work site in the State.''; (3) by amending subparagraph (D) to read as follows: ``(D) Scoring of state performance; setting of performance thresholds.--For each bonus year, the Secretary shall-- ``(i) use the formula developed under subparagraph (C)(i) to assign a score to each eligible State for the fiscal year that immediately precedes the bonus year; ``(ii) prescribe a performance threshold, based on the scores assigned under clause (i), in such a manner so as to ensure that-- ``(I) the average annual total amount of grants to be made under this paragraph for each bonus year equals $200,000,000; and ``(II) the total amount of grants to be made under this paragraph for all bonus years equals $1,000,000,000; and ``(iii) use the formula developed under subparagraph (C)(ii) to assign an additional score to each immigration pilot program State for the fiscal year that immediately precedes the bonus year, which score shall be used to reward immigration pilot program States-- ``(I) based on their performance, as measured under subparagraph (C)(ii); and ``(II) in a manner consistent with subclauses (I) and (II) of clause (ii).''; and (4) in subparagraph (E), by adding at the end the following: ``(iii) Immigration pilot program state.-- The term `immigration pilot program State' means, with respect to a fiscal year immediately preceding a bonus year, an eligible State-- ``(I) within which the Attorney General is operating the pilot program under section 2 of the Job Opportunity and Welfare Reduction Act of 1997; ``(II) that, after each receipt of a notice of an employment vacancy (or vacancies) from the Attorney General under such section 2, provided to the employer having the vacancy a list containing, with respect to each such vacancy, the name, address, and telephone number of not more than 3 adults who are receiving assistance under the State program funded under this part and who are determined by the State, based on the adult's training, skills, prior experience, and availability for employment, to be qualified to fill the vacancy; and ``(III) that provided to the Secretary, in such form and manner as the Secretary may have required, a report containing the information necessary for the Secretary to measure the State's performance under subparagraph (C)(ii).''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the later of July 1, 1998, or the date of the enactment of this Act. SEC. 4. REPORT. Not later than 3 months after the date of the termination of the pilot program under section 2, the Secretary of Health and Human Services shall submit to the Congress a report, based on the rate of success of the program in providing referrals leading to job placements, containing the recommendations of the Secretary of Health and Human Services concerning whether the program should be reauthorized, whether the program should be expanded, and how the program could be improved.

Job Opportunity and Welfare Reduction Act of 1997 - Directs the Attorney General to conduct a temporary pilot program in States participating in the (welfare reform) program under part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act. Requires the Attorney General to notify a State of potential employment opportunities for an adult TANF recipient arising from: (1) removal of an unauthorized alien from a work site by the Immigration and Naturalization Service; or (2) the issuance by the Attorney General to an employer of an unauthorized work letter (Form I-9 Inspection Result Letter, identifying the possible presence of an unauthorized alien). Provides for a bonus under TANF to reward high-performing States.

Job Opportunity and Welfare Reduction Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korean Counterterrorism and Nonproliferation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) International press reports noted that Iranian officials traveled to North Korea to observe the long and short-range missile tests conducted by the North Korean regime on July 4, 2006, and this was confirmed by Ambassador Christopher Hill, Assistant Secretary of State for East Asia and the Pacific, during testimony before the Senate Foreign Relations Committee on July 20, 2006. (2) International press reports in the summer of 2006 indicated that North Korea was involved in training in guerrilla warfare of Hezbollah cadres who subsequently were involved in operations against Israeli forces in south Lebanon. (3) The United Nations Security Council, under the Presidency of Japan, unanimously adopted Resolution 1718 on October 14, 2006, ``condemning'' the nuclear weapon test conducted by North Korea on October 9, 2006, and imposing sanctions on North Korea. (4) President George W. Bush stated in November 2006 that: ``The transfer of nuclear weapons or material by North Korea to states or non-state entities would be considered a grave threat to the United States, and we would hold North Korea fully accountable for the consequences of such action. . . . It is vital that the nations of this region send a message to North Korea that the proliferation of nuclear technology to hostile regimes or terrorist networks will not be tolerated.''. (5) Secretary of State Condoleezza Rice stated in October 2006 that ``a North Korean decision to try to transfer a nuclear weapon or technologies either to another state or to a non-state actor'' would be an ``extremely grave'' action for which the United States would ``hold North Korea accountable''. (6) Congress authoritatively expressed its view, in section 202(b)(2) of the North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7832(b)(2)), that ``United States nonhumanitarian assistance to North Korea shall be contingent on North Korea's substantial progress'' on human rights improvements, release of and accounting for abductees, family reunification, reform of North Korea's labor camp system, and the decriminalization of political expression, none of which has occurred. SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE GOVERNMENT OF NORTH KOREA. Restrictions against the Government of North Korea that were imposed by reason of a determination of the Secretary of State that the Government of North Korea, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism, shall remain in effect, and shall not be lifted pursuant to such provisions of law, unless the President certifies to Congress that the Government of North Korea-- (1) is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to the Governments of Iran, Syria, or any other country, the government of which the Secretary of State has determined, for purposes of any of the provisions of law specified in the matter preceding this paragraph, is a government that has repeatedly provided support for acts of international terrorism; (2) is no longer engaged in training, harboring, supplying, financing, or supporting in any way-- (A) Hamas, Hezbollah, or the Japanese Red Army, or any member of such organizations; (B) any organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); and (C) any person included on the Annex to Executive Order 13224 (September 23, 2001) and any other person identified under section 1 of that Executive Order whose property and interests in property are blocked by that section (commonly known as a ``specially designated global terrorist''); (3) is no longer engaged in the counterfeiting of United States currency ``supernotes''; (4) has made inoperable Bureau No. 39 under the North Korean Workers Party headed by Kim Jong Il, which is charged with laundering illicit funds obtained by narcotics trafficking and other criminal activities; (5) has released United States permanent resident Kim Dong- Shik who, according to the findings of a South Korean court, was abducted by North Korean agents on the Chinese border in January 2000; (6) has released the 15 Japanese nationals recognized as abduction victims by the National Police Agency (NPA) of Japan; (7) has released an estimated 600 surviving South Korean POWs, comrades-in-arms of United States and Allied forces, who have been held in North Korea against their will and in violation of the Armistice Agreement since hostilities ended in July 1953; and (8) has ceased and desisted from engaging in further terrorist activities subsequent to the 1987 bombing of Korean Air Flight 858 over Burma, the 1996 murder in Vladivostok, Russia, of South Korean diplomat Choi Duck-keun, following Pyongyang's threats of retaliation for the deaths of North Korean commandoes whose submarine ran aground in South Korea, and the 1997 assassination on the streets of Seoul of North Korean defector Lee Han Young.

North Korean Counterterrorism and Nonproliferation Act - Provides for the continuation of restrictions against the government of North Korea unless the President certifies to Congress that North Korea has met certain benchmarks respecting: (1) missile or nuclear technology transfers; (2) support of terrorist groups and terrorist activities, (3) counterfeiting of U.S. currency, (4) release of South Korean POWs, Japanese journalists, and Kim Donk-Shik; and (5) Bureau 39's closure.

To provide for the continuation of restrictions against the Government of North Korea unless the President certifies to Congress that the Government of North Korea has met certain benchmarks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Assistance to Counterfeiters Act''. SEC. 2. CERTIFICATION REQUIREMENT RELATING TO TRAFFICKING IN GOODS OR SERVICES THAT CONTAIN COUNTERFEIT MARKS. (a) Amendments.--Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended-- (1) by redesignating the second section 620G (as added by section 149 of Public Law 104-164 (110 Stat. 1436)) as section 620J; and (2) by adding at the end the following new section: ``SEC. 620K. CERTIFICATION REQUIREMENT RELATING TO TRAFFICKING IN GOODS OR SERVICES THAT CONTAIN COUNTERFEIT MARKS. ``(a) Requirement for Certification.-- ``(1) In general.--Subject to paragraph (2), assistance may not be provided to a person seeking United States assistance for a fiscal year until such person submits to the President a certification described in subsection (c) for that fiscal year. ``(2) Exception for foreign governments.--The certification requirement set out in paragraph (1) shall not be applied to assistance provided under this Act or any other Act directly to the government of a foreign country or an entity of such government or to an international organization that is an association of representatives of national governments, including the United Nations. ``(b) Definitions.--In this section: ``(1) Counterfeit mark.--The term `counterfeit mark' has the meaning given that term in section 2320 of title 18, United States Code. ``(2) Person seeking united states assistance.--The term `person seeking United States assistance' means a person, including an international or domestic organization that is not an association of national governments, that-- ``(A) is seeking assistance under this Act or any other Act directly from the United States; or ``(B) subsequently receives such assistance pursuant to a contract, grant, cooperative agreement, or other agreement. ``(3) Traffic.--The term `traffic' has the meaning given that term in section 2320 of title 18, United States Code. ``(c) Certification.-- ``(1) In general.--A certification described in this subsection is a certification made by a person seeking United States assistance that-- ``(A) such assistance will not be used to intentionally traffic in goods or services that contain counterfeit marks; ``(B) such assistance will not be used by any person that has had an administrative or judicial determination issued against the person for infringement, counterfeiting, or piracy of intellectual property in the United States or a foreign country; ``(C) any material or product, including a material or product in electronic form, that was developed, in whole or in part, using such assistance will not be imported into the United States-- ``(i) in violation of section 2320 of title 18, United States Code; or ``(ii) in violation of section 526(a) of the Tariff Act of 1930 (19 U.S.C. 1526(a)); and ``(D) if such assistance will be used for a contract, grant, cooperative agreement, or other agreement that includes use of any intellectual property, provides evidence of the right to use the intellectual property, including a written license agreement for the use, the date of the first commercial use of the intellectual property, and any registration for the use with an appropriate government. ``(2) Requirements for submission of certification.--A certification described in paragraph (1) shall be submitted to the President by a person seeking United States assistance prior to the provision of any assistance under this Act or any other Act and at the beginning of each subsequent fiscal year for which such person will receive the assistance. ``(d) Suspension and Termination of Assistance.--The President shall suspend or terminate the provision of assistance under this Act or any other Act, in whole or in part, to a person seeking United States assistance if the President determines that such person has used the assistance to carry out an activity in violation of a certification made under subsection (c). ``(e) National Security Waiver.--The President may waive a provision of this section if the President-- ``(1) determines that such a waiver is necessary to the national security interests of the United States; and ``(2) promptly submits to Congress a notification of the waiver and of the reasons for the waiver.''. (b) Effective Date.--The certification requirements under section 620K of the Foreign Assistance Act of 1961, as added by subsection (a) of this section, apply with respect to the provision of assistance by the President for a fiscal year after fiscal year 2006.

Stop Assistance to Counterfeiters Act - Amends the Foreign Assistance Act of 1961 to require U.S. foreign assistance recipients to certify that such assistance will not be used to intentionally traffic in goods or services that contain counterfeit marks or for other purposes that promote the improper use of intellectual property. Exempts from such requirement direct assistance to a foreign government (or its entity) or to an international organization that is an association of representatives of national governments, including the United Nations. Directs the President to suspend or terminate assistance to a recipient who is in violation of this Act. Authorizes a national security waiver.

A bill to amend the Foreign Assistance Act of 1961 to require recipients of United States foreign assistance to certify that the assistance will not be used to intentionally traffic in goods or services that contain counterfeit marks or for other purposes that promote the improper use of intellectual property, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair and Speedy Treatment (FAST) of Medicare Prescription Drug Claims Act of 2007''. SEC. 2. PROMPT PAYMENT BY MEDICARE PRESCRIPTION DRUG PLANS AND MA-PD PLANS UNDER PART D. (a) Application to Prescription Drug Plans.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112 (b)) is amended by adding at the end the following new paragraph: ``(4) Prompt payment of clean claims.-- ``(A) Prompt payment.--Each contract entered into with a PDP sponsor under this subsection with respect to a prescription drug plan offered by such sponsor shall provide that payment shall be issued, mailed, or otherwise transmitted with respect to all clean claims submitted under this part within the applicable number of calendar days after the date on which the claim is received. ``(B) Definitions.--In this paragraph: ``(I) Clean claim.--The term `clean claim' means a claim, with respect to a covered part D drug, that has no apparent defect or impropriety (including any lack of any required substantiating documentation) or particular circumstance requiring special treatment that prevents timely payment from being made on the claim under this part. ``(ii) Applicable number of calendar days.--The term `applicable number of calendar days' means-- ``(I) with respect to claims submitted electronically, 14 calendar days; and ``(II) with respect to claims submitted otherwise, 30 calendar days. ``(c) Interest payment.--If payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days (as defined in subparagraph (B)) after a clean claim is received, interest shall be paid at a rate used for purposes of section 3902(a) of title 31, United States Code (relating to interest penalties for failure to make prompt payments), for the period beginning on the day after the required payment date and ending on the date on which payment is made. ``(D) Procedures involving claims.-- ``(I) Claims deemed to be clean claims.-- ``(I) In general.--A claim for a covered part D drug shall be deemed to be a clean claim for purposes of this paragraph if the PDP sponsor involved does not provide a notification of deficiency to the claimant by the 10th day that begins after the date on which the claim is submitted. ``(II) Notification of deficiency.--For purposes of subclause (II), the term `notification of deficiency' means a notification that specifies all defects or improprieties in the claim involved and that lists all additional information or documents necessary for the proper processing and payment of the claim. ``(ii) Payment of clean portions of claims.--A PDP sponsor shall, as appropriate, pay any portion of a claim for a covered part D drug that would be a clean claim but for a defect or impropriety in a separate portion of the claim in accordance with subparagraph (A). ``(iii) Obligation to pay.--A claim for a covered part D drug submitted to a PDP sponsor that is not paid or contested by the provider within the applicable number of calendar days (as defined in subparagraph (B)) shall be deemed to be a clean claim and shall be paid by the PDP sponsor in accordance with subparagraph (A). ``(iv) Date of payment of claim.--Payment of a clean claim under subparagraph (A) is considered to have been made on the date on which full payment is received by the provider. ``(E) Electronic transfer of funds.--A PDP sponsor shall pay all clean claims submitted electronically by an electronic funds transfer mechanism.''. (b) Application to MA-PD Plans.--Section 1857(f) of such Act (42 U.S.C. 1395w-27) is amended by adding at the end the following new paragraph: ``(3) Incorporation of certain prescription drug plan contract requirements.--The provisions of section 1860D- 12(b)(4) shall apply to contracts with a Medicare Advantage organization in the same manner as they apply to contracts with a PDP sponsor offering a prescription drug plan under part D.''. (c) Effective Date.--The amendments made by this section shall apply to contracts entered into or renewed on or after the date of the enactment of this Act. SEC. 3. RESTRICTION ON CO-BRANDING. (a) Application to Prescription Drug Information Disseminated.-- Subsection (a) of section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104) is amended by adding at the end the following new paragraph: ``(5) Restriction on displaying pharmacy brand or trademark information.-- ``(A) In general.--It is unlawful for a PDP sponsor of a prescription drug plan to display on any explanatory information described in subparagraph (B), with respect to benefits provided under this part, the brand or trademark of any pharmacy. ``(B) Explanatory information described.--For purposes of subparagraph (A), explanatory information is each of the following: ``(i) Information on evidence of coverage under this part. ``(ii) Information that summarizes benefits provided under this part. ``(iii) Enrollment and disenrollment forms. ``(iv) Enrollment and disenrollment letters. ``(v) Pharmacy directories. ``(vi) Formulary information. ``(vii) Grievance letters provided pursuant to subsection (f), coverage determination letters provided pursuant to subsection (g), and appeals letters provided pursuant to subsection (h). ``(viii) Exceptions process letters. ``(ix) Information contained in sales descriptions or sales presentations.''. (b) Application to Enrollee Cards.--Subsection (b)(2)(A) of such section is amended by adding at the end the following new sentence: ``It is unlawful for a PDP sponsor of a prescription drug plan to display on such a card the name, brand, or trademark of any pharmacy.'' (c) Effective Date.-- (1) Explanatory information.--With respect to explanatory information dispensed on or after the date of the enactment of this Act, the amendment made by subsection (a) shall apply to such information on and after the date that is 90 days after such date of enactment. (2) Enrollee cards.--With respect to cards dispensed before, on, or after the date of the enactment of this Act, the amendment made by subsection (b) shall apply to such cards on and after the date that is 90 days after such date of enactment. Any card dispensed before such date that is 90 days after the date of enactment that violates the second sentence of section 1860D-4(b)(2)(A) of the Social Security Act, as added by subsection (b), shall be reissued by such 90-day date.

Fair and Speedy Treatment (FAST) of Medicare Prescription Drug Claims Act of 2007 - Amends title XVIII of the Social Security Act to require prompt payment of clean claims to pharmacies by prescription drug plans (PDPs) and Medicare Advantage prescription drug plans (MA-PD Plans). Defines "prompt payment" as within 14 calendar days from submission for claims submitted electronically, and within 30 calendar days for claims submitted otherwise. Requires payment of interest, also, if a payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days. Makes it unlawful for a PDP sponsor to display on any explanatory prescription drug information and enrollee cards the name, brand, or trademark (co-branding) of any pharmacy.

To amend title XVIII of the Social Security Act to require the sponsor of a prescription drug plan or an organization offering an MA-PD plan to promptly pay claims submitted under part D and to prohibit the inclusion of certain identifying information of pharmacies on explanatory prescription drug information and cards distributed by prescription drug plan sponsors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``California New River Restoration Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) the New River was born out of the Colorado River's occasional flows into the Salton Sink and the erosion of the New River channel which formed the deep river canyon between 1905 and 1907; (2) the New River starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley and drains into the Salton Sea, roughly 66 miles north of the international boundary, and the sub- watershed covers approximately 750 square miles, with 63 percent of that in Mexico and 37 percent in the United States; (3) the New River has been widely recognized for its significant water pollution problems, primarily because of agricultural runoff, raw sewage, pesticides, and discharges of wastes from domestic, agricultural, and industrial sources in Mexico and the Imperial Valley; (4) by the 1980s, the New River acquired the reputation of being one of the most polluted rivers in the United States, with many of the pollutants posing serious human health hazards to local populations, particularly those in Calexico and Mexicali; (5) in 1992, the International Boundary Water Commission's Treaty Minute No. 288 established a sanitation strategy for the New River water quality problems at the international boundary and divided the sanitation projects into two immediate repairs projects, the Mexicali I and the Mexicali II, which totaled about $50 million dollars and were funded by both countries through the North American Development Bank; (6) in 1995, the Environmental Protection Agency provided funds to the California Regional Water Quality Control Board to monitor and document the water quality at the international boundary on a monthly basis; (7) in the late 1990s, the United States and Mexico spent $100 million (45 percent paid by Mexico and 55 percent paid by the United States) to build the Las Arenitas and Zaragoza Wastewater Treatment plants, and untreated New River water passing through four microbial treatment cells at Las Arenitas was then chlorinated and fed into a re-forestation project along the desiccated Rio Hardy which stretches to the Sea of Cortez; (8) a 10-year effort by community groups, lawyers, regulatory agencies, and politicians addressed the problem at the source by federally funding a new sewage treatment plant in Mexicali and developing a site plan for the river on the United States side; (9) in 2009, the State of California required the California-Mexico Border Relations Council to create a strategic plan to study, monitor, remediate, and enhance the New River's water quality to protect human health and develop a river parkway suitable for public use; (10) flows in the New River at the International Boundary with Mexico have been reduced by as much as 40 percent during the last 10 years due to a number of factors which include reduction of agricultural runoff and municipal wastewater discharged into the New River and its tributaries in Mexico; and (11) the existing and ongoing voluntary conservation efforts at the New River necessitate improved efficiency and cost effectiveness, as well as increased private-sector investments and coordination of Federal and non-Federal resources, including through installation of a large trash screen, a new pump station, aeration devices, a disinfection facility, and managed wetlands. SEC. 3. DEFINITIONS. In this Act: (1) New river.--The term ``New River'' means the river that starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley, and drains into the Salton Sea. (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Program.--The term ``program'' means the California New River restoration program established under section 4. (4) Restoration and protection.--The term ``restoration and protection'' means the conservation, stewardship, and enhancement of habitat for fish and wildlife to preserve and improve ecosystems and ecological processes on which they depend. (5) Mexican.--The term ``Mexican'' refers to the Federal, State, and local governments of the United Mexican States. SEC. 4. CALIFORNIA NEW RIVER RESTORATION PROGRAM ESTABLISHMENT. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to be known as the ``California New River restoration program''. (b) Duties.--In carrying out the program, the Administrator shall-- (1) draw on existing and new management plans for the New River, or portions of the New River, and work in consultation with applicable management entities, including representatives of the Calexico New River Committee, the California-Mexico Border Relations Council, the New River Improvement Project Technical Advisory Committee, the Federal Government, State and local governments, and regional and nonprofit organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities relating to the New River; (2) adopt a New River-wide strategy that-- (A) supports the implementation of a shared set of science-based restoration and protection activities identified in accordance with paragraph (1); (B) targets cost-effective projects with measurable results; and (C) maximizes conservation outcomes with no net gain of Federal full-time equivalent employees; and (3) provide grants and technical assistance in accordance with section 5. (c) Coordination.--In establishing the program, the Administrator shall consult, as appropriate, with-- (1) the heads of Federal agencies, including-- (A) the Secretary of the Interior; (B) the Secretary of Agriculture; (C) the Administrator of General Services; (D) the Commissioner of the International Boundary Water Commission; and (E) the head of any other applicable agency; (2) the Governor of California; (3) the Imperial Irrigation District; (4) the Colorado River Basin Regional Water Quality Control Board; and (5) other public agencies and organizations with authority for the planning and implementation of conservation strategies relating to the New River in both the United States and Mexico. (d) Purposes.--The purposes of the program include-- (1) coordinating restoration and protection activities, among Mexican, Federal, State, local, and regional entities and conservation partners, relating to the New River; and (2) carrying out coordinated restoration and protection activities, and providing for technical assistance relating to the New River-- (A) to sustain and enhance fish and wildlife habitat restoration and protection activities; (B) to improve and maintain water quality to support fish and wildlife, as well as the habitats of fish and wildlife; (C) to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat; (D) to improve opportunities for public access to, and recreation in and along, the New River consistent with the ecological needs of fish and wildlife habitat; (E) to facilitate strategic planning to maximize the resilience of natural systems and habitats under changing watershed conditions; (F) to engage the public through outreach, education, and citizen involvement, to increase capacity and support for coordinated restoration and protection activities relating to the New River; (G) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities; and (H) to provide technical assistance to carry out restoration and protection activities relating to the New River. SEC. 5. GRANTS AND ASSISTANCE. (a) In General.--In carrying out the program, the Administrator shall provide grants and technical assistance to State and local governments, nonprofit organizations, and institutions of higher education, in both the United States and Mexico, to carry out the purposes of the program. (b) Criteria.--The Administrator, in consultation with the organizations described in section 4(c), shall develop criteria for providing grants and technical assistance under this section to ensure that such activities accomplish one or more of the purposes identified in section 4(d)(2) and advance the implementation of priority actions or needs identified in the New River-wide strategy adopted under section 4(b)(2). (c) Cost Sharing.-- (1) Federal share.--The Federal share of the cost of a project for which a grant is provided under this section shall not exceed 55 percent of the total cost of the activity, as determined by the Administrator. (2) Non-federal share.--The non-Federal share of the cost of a project for which a grant is provided under this section may be provided in the form of an in-kind contribution of services or materials. (d) Administration.-- (1) In general.--The Administrator may enter into an agreement to manage the implementation of this section with the North American Development Bank or a similar organization that offers grant management services. (2) Funding.--If the Administrator enters into an agreement under paragraph (1), the organization selected shall-- (A) for each fiscal year, receive amounts to carry out this section in an advance payment of the entire amount on October 1, or as soon as practicable thereafter, of that fiscal year; (B) invest and reinvest those amounts for the benefit of the program; and (C) otherwise administer the implementation of this section to support partnerships between the public and private sectors in accordance with this Act. SEC. 6. ANNUAL REPORTS. Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report on the implementation of this Act, including a description of each project that has received funding under this Act, goals established by New River-wide strategy, and the status of all such projects that are in progress on the date of submission of the report.

California New River Restoration Act of 2016 This bill requires the Environmental Protection Agency (EPA) to establish a California New River restoration program for the river that starts in Mexicali, Mexico, flows north into the United States through Calexico, passes through the Imperial Valley, and drains into the Salton Sea. In carrying out the program, the EPA must: (1) adopt a New River-wide strategy, and (2) provide grants and technical assistance for coordinating restoration and protection activities.

California New River Restoration Act of 2016

SECTION 1. REPEAL OF CARRYOVER BASIS; ETC. (a) In General.--Subtitles A and E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subtitles, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subtitles, and amendments, had never been enacted. (b) Sunset Not To Apply.-- (1) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.''. (2) Subsection (b) of such section 901 is amended by striking ``, estates, gifts, and transfers''. (c) Conforming Amendments.--Subsections (d) and (e) of section 511 of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such subsections, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied as if such subsections, and amendments, had never been enacted. SEC. 2. MODIFICATIONS TO ESTATE TAX. (a) Increase in Exclusion Equivalent of Unified Credit to $3,500,000.-- (1) In general.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (relating to applicable credit amount) is amended by striking all that follows ``the applicable exclusion amount'' and inserting ``. For purposes of the preceding sentence, the applicable exclusion amount is $3,500,000 ($3,000,000 in the case of estates of decedents dying, and gifts made, after December 31, 2002, and before January 1, 2009).''. (2) Earlier termination of section 2057.--Subsection (f) of section 2057 of such Code is amended by striking ``December 31, 2003'' and inserting ``December 31, 2002''. (b) Maximum Estate Tax Rate To Remain at 50 Percent; Phaseout of Graduated Rates and Unified Credit.--Paragraph (2) of section 2001(c) of such Code is amended to read as follows: ``(2) Phaseout of graduated rates and unified credit.--The tentative tax determined under paragraph (1) shall be increased by an amount equal to 5 percent of so much of the amount (with respect to which the tentative tax is to be computed) as exceeds $10,000,000. The amount of the increase under the preceding sentence shall not exceed the sum of the applicable credit amount under section 2010(c) and $224,200.'' (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2002. SEC. 3. VALUATION RULES FOR CERTAIN TRANSFERS OF NONBUSINESS ASSETS; LIMITATION ON MINORITY DISCOUNTS. (a) In General.--Section 2031 of the Internal Revenue Code of 1986 (relating to definition of gross estate) is amended by redesignating subsection (d) as subsection (f) and by inserting after subsection (c) the following new subsections: ``(d) Valuation Rules for Certain Transfers of Nonbusiness Assets.--For purposes of this chapter and chapter 12-- ``(1) In general.--In the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092)-- ``(A) the value of any nonbusiness assets held by the entity shall be determined as if the transferor had transferred such assets directly to the transferee (and no valuation discount shall be allowed with respect to such nonbusiness assets), and ``(B) the nonbusiness assets shall not be taken into account in determining the value of the interest in the entity. ``(2) Nonbusiness assets.--For purposes of this subsection-- ``(A) In general.--The term `nonbusiness asset' means any asset which is not used in the active conduct of 1 or more trades or businesses. ``(B) Exception for certain passive assets.--Except as provided in subparagraph (C), a passive asset shall not be treated for purposes of subparagraph (A) as used in the active conduct of a trade or business unless-- ``(i) the asset is property described in paragraph (1) or (4) of section 1221(a) or is a hedge with respect to such property, or ``(ii) the asset is real property used in the active conduct of 1 or more real property trades or businesses (within the meaning of section 469(c)(7)(C)) in which the transferor materially participates and with respect to which the transferor meets the requirements of section 469(c)(7)(B)(ii). For purposes of clause (ii), material participation shall be determined under the rules of section 469(h), except that section 469(h)(3) shall be applied without regard to the limitation to farming activity. ``(C) Exception for working capital.--Any asset (including a passive asset) which is held as a part of the reasonably required working capital needs of a trade or business shall be treated as used in the active conduct of a trade or business. ``(3) Passive asset.--For purposes of this subsection, the term `passive asset' means any-- ``(A) cash or cash equivalents, ``(B) except to the extent provided by the Secretary, stock in a corporation or any other equity, profits, or capital interest in any entity, ``(C) evidence of indebtedness, option, forward or futures contract, notional principal contract, or derivative, ``(D) asset described in clause (iii), (iv), or (v) of section 351(e)(1)(B), ``(E) annuity, ``(F) real property used in 1 or more real property trades or businesses (as defined in section 469(c)(7)(C)), ``(G) asset (other than a patent, trademark, or copyright) which produces royalty income, ``(H) commodity, ``(I) collectible (within the meaning of section 401(m)), or ``(J) any other asset specified in regulations prescribed by the Secretary. ``(4) Look-thru rules.-- ``(A) In general.--If a nonbusiness asset of an entity consists of a 10-percent interest in any other entity, this subsection shall be applied by disregarding the 10-percent interest and by treating the entity as holding directly its ratable share of the assets of the other entity. This subparagraph shall be applied successively to any 10-percent interest of such other entity in any other entity. ``(B) 10-percent interest.--The term `10-percent interest' means-- ``(i) in the case of an interest in a corporation, ownership of at least 10 percent (by vote or value) of the stock in such corporation, ``(ii) in the case of an interest in a partnership, ownership of at least 10 percent of the capital or profits interest in the partnership, and ``(iii) in any other case, ownership of at least 10 percent of the beneficial interests in the entity. ``(5) Coordination with subsection (b).--Subsection (b) shall apply after the application of this subsection. ``(e) Limitation on Minority Discounts.--For purposes of this chapter and chapter 12, in the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092), no discount shall be allowed by reason of the fact that the transferee does not have control of such entity if the transferee and members of the family (as defined in section 2032A(e)(2)) of the transferee have control of such entity.'' (b) Effective Date.--The amendments made by this section shall apply to transfers after the date of the enactment of this Act.

Amends the Economic Growth and Tax Relief Reconciliation Act of 2001 to repeal subtitles A (Repeal of Estate and Generation-Skipping Transfer Taxes) and E (Carryover Basis at Death; Other Changes Taking Effect With Repeal) of title V (Estate, Gift, and Generation-Skipping Transfer Tax Provisions. Repeals the sunset provisions applicable to the remaining provisions of title V.Increases the unified tax credit amount for years before 2009. Modifies provisions concerning phaseout of graduated rates and unified credit.Sets valuation rules for certain transfers of "nonbusiness assets," or assets not used in the active conduct of one or more trades or businesses. Sets forth criteria under which certain "passive assets" shall not be treated as used in the active conduct of business and defines "passive assets."Specifies a limitation on minority discounts.

To amend the Internal Revenue Code of 1986 to limit the applicability of the estate tax to estates of over $3,500,000, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage and Rental Disaster Relief Act of 2007''. SEC. 2. DISASTER RELIEF. Section 408(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174(c)) is amended by adding at the end the following: ``(5) Temporary mortgage and rental payments.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `adjusted gross income' means the adjusted gross income (as that term is defined in section 62 of the Internal Revenue Code of 1986) of the relevant individual or household for the last taxable year that such individual or household filed a tax return; and ``(ii) the term `financial hardship caused by a major disaster' means that an individual or member of a household-- ``(I) is employed by a business, or owns a business, located in the area for which the President declared the relevant major disaster; ``(II) became unemployed, or lost significant income, because the employer or business of that individual or member of a household has or, on the day before the date of the relevant major disaster, had a significant business relationship with a business located in the area for which the President declared the relevant major disaster; or ``(III) resides in the area for which the President declared the relevant major disaster and has suffered financially due to travel restrictions or station or road closures in effect after the date of that major disaster. ``(B) Authorization.--In accordance with this paragraph, the President may provide assistance on a temporary basis in the form of mortgage or rental payments to or on behalf of individuals and households who, as a result of financial hardship caused by a major disaster, have received written notice of dispossession or eviction from a residence by reason of a foreclosure of any mortgage or lien, cancellation of any contract of sale, or termination of any lease, entered into before such major disaster. ``(C) Eligibility.-- ``(i) Income.-- ``(I) In general.--Except as provided in subclause (II), an individual or household may receive assistance under this paragraph if the adjusted gross income of that individual or household was not more than $75,000. ``(II) Areas with a high cost of living.--An individual or household that, on the day before the date of the relevant major disaster, resided in an area with a high cost of living, as determined by the President, may receive assistance under this paragraph if the adjusted gross income of that individual or household was not more than $100,000. ``(ii) Adjustment.--The President shall adjust the limits established under clause (i) annually to reflect inflation. ``(D) Period of assistance.--Assistance under this paragraph shall be provided for the duration of the period of financial hardship caused by a major disaster, not to exceed 18 months. ``(E) Procedures.-- ``(i) In general.--An individual or household seeking assistance under this paragraph shall submit an application in such manner and accompanied by such information as the President shall establish, which shall include a requirement that such an individual or household sign a statement indicating that individual or household meets the eligibility requirements under subparagraph (C). ``(ii) Lack of records.--If an individual or household does not have access to records necessary to demonstrate eligibility under subparagraph (C), that individual or household shall submit such records not later than 6 months after the date that individual or household applies for assistance under this paragraph. ``(iii) Ineligible recipients.--If an individual or household receives assistance under this paragraph and was not eligible to receive such assistance, that individual or household shall return the full amount of that assistance to the Government.''. SEC. 3. APPLICABILITY. The amendment made by this Act shall apply to any major disaster (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) declared on or after October 21, 2007.

Mortgage and Rental Disaster Relief Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to provide temporary assistance in the form of mortgage or rental payments to or on behalf of individuals and households who, as a result of financial hardship caused by a major disaster, have received written notice of dispossession or eviction from a residence because of a foreclosure of mortgage or lien, cancellation of sales contract, or lease termination, entered into before such disaster. Defines such a "financial hardship" to include: (1) the loss of employment or significant income because a job, a business, or a business interest was located in a disaster area; or (2) suffering financially because of travel restrictions or station or road closures affecting residents of such area. Restricts eligibility for such assistance to individuals or households who have an adjusted gross income of not more than $75,000 ($100,000 for individuals or households who resided in an area with a high cost of living). Directs the President to adjust the limits annually to reflect inflation. Allows assistance to be provided for the duration of the period of financial hardship caused by the disaster, not to exceed 18 months. Requires recipients determined to be ineligible to return the full amount of assistance to the government. Makes this Act applicable to any major disaster declared on or after October 21, 2007.

A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act, to authorize temporary mortgage and rental payments.

SECTION 1. PROVISION OF TECHNICAL ASSISTANCE TO MICROENTERPRISES. Title I of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle C--Microenterprise Technical Assistance and Capacity Building Program ``SEC. 171. SHORT TITLE. ``This subtitle may be cited as the `Program for Investment in Microentrepreneurs Act of 1999', also referred to as the `PRIME Act'. ``SEC. 172. DEFINITIONS. ``For purposes of this subtitle-- ``(1) the term `Administrator' has the same meaning as in section 103; ``(2) the term `capacity building services' means services provided to an organization that is, or is in the process of becoming a microenterprise development organization or program, for the purpose of enhancing its ability to provide training and services to disadvantaged entrepreneurs; ``(3) the term `collaborative' means 2 or more nonprofit entities that agree to act jointly as a qualified organization under this subtitle; ``(4) the term `disadvantaged entrepreneur' means a microentrepreneur that is-- ``(A) a low-income person; ``(B) a very low-income person; or ``(C) an entrepreneur that lacks adequate access to capital or other resources essential for business success, or is economically disadvantaged, as determined by the Administrator; ``(5) the term `Fund' has the same meaning as in section 103; ``(6) the term `Indian tribe' has the same meaning as in section 103; ``(7) the term `intermediary' means a private, nonprofit entity that seeks to serve microenterprise development organizations and programs as authorized under section 175; ``(8) the term `low-income person' has the same meaning as in section 103; ``(9) the term `microentrepreneur' means the owner or developer of a microenterprise; ``(10) the term `microenterprise' means a sole proprietorship, partnership, or corporation that-- ``(A) has fewer than 5 employees; and ``(B) generally lacks access to conventional loans, equity, or other banking services; ``(11) the term `microenterprise development organization or program' means a nonprofit entity, or a program administered by such an entity, including community development corporations or other nonprofit development organizations and social service organizations, that provides services to disadvantaged entrepreneurs or prospective entrepreneurs; ``(12) the term `training and technical assistance' means services and support provided to disadvantaged entrepreneurs or prospective entrepreneurs, such as assistance for the purpose of enhancing business planning, marketing, management, financial management skills, and assistance for the purpose of accessing financial services; and ``(13) the term `very low-income person' means having an income, adjusted for family size, of not more than 150 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2), including any revision required by that section). ``SEC. 173. ESTABLISHMENT OF PROGRAM. ``The Administrator shall establish a microenterprise technical assistance and capacity building grant program to provide assistance from the Fund in the form of grants to qualified organizations in accordance with this subtitle. ``SEC. 174. USES OF ASSISTANCE. ``A qualified organization shall use grants made under this subtitle-- ``(1) to provide training and technical assistance to disadvantaged entrepreneurs; ``(2) to provide training and capacity building services to microenterprise development organizations and programs and groups of such organizations to assist such organizations and programs in developing microenterprise training and services; ``(3) to aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs; and ``(4) for such other activities as the Administrator determines are consistent with the purposes of this subtitle. ``SEC. 175. QUALIFIED ORGANIZATIONS. ``For purposes of eligibility for assistance under this subtitle, a qualified organization shall be-- ``(1) a nonprofit microenterprise development organization or program (or a group or collaborative thereof) that has a demonstrated record of delivering microenterprise services to disadvantaged entrepreneurs; ``(2) an intermediary; ``(3) a microenterprise development organization or program that is accountable to a local community, working in conjunction with a State or local government or Indian tribe; or ``(4) an Indian tribe acting on its own, if the Indian tribe can certify that no private organization or program referred to in this paragraph exists within its jurisdiction. ``SEC. 176. ALLOCATION OF ASSISTANCE; SUBGRANTS. ``(a) Allocation of Assistance.-- ``(1) In general.--The Administrator shall allocate assistance from the Fund under this subtitle to ensure that-- ``(A) activities described in section 174(1) are funded using not less than 75 percent of amounts made available for such assistance; and ``(B) activities described in section 174(2) are funded using not less than 15 percent of amounts made available for such assistance. ``(2) Limit on individual assistance.--No single organization or entity may receive more than 10 percent of the total funds appropriated under this subtitle in a single fiscal year. ``(b) Targeted Assistance.--The Administrator shall ensure that not less than 50 percent of the grants made under this subtitle are used to benefit very low-income persons, including those residing on Indian reservations. ``(c) Subgrants Authorized.-- ``(1) In general.--A qualified organization receiving assistance under this subtitle may provide grants using that assistance to qualified small and emerging microenterprise organizations and programs, subject to such rules and regulations as the Administrator determines to be appropriate. ``(2) Limit on administrative expenses.--Not more than 7.5 percent of assistance received by a qualified organization under this subtitle may be used for administrative expenses in connection with the making of subgrants under paragraph (1). ``(d) Diversity.--In making grants under this subtitle, the Administrator shall ensure that grant recipients include both large and small microenterprise organizations, serving urban, rural, and Indian tribal communities and racially and ethnically diverse populations. ``SEC. 177. MATCHING REQUIREMENTS. ``(a) In General.--Financial assistance under this subtitle shall be matched with funds from sources other than the Federal Government on the basis of not less than 50 percent of each dollar provided by the Fund. ``(b) Sources of Matching Funds.--Fees, grants, gifts, funds from loan sources, and in-kind resources of a grant recipient from public or private sources may be used to comply with the matching requirement in subsection (a). ``(c) Exception.-- ``(1) In general.--In the case of an applicant for assistance under this subtitle with severe constraints on available sources of matching funds, the Administrator may reduce or eliminate the matching requirements of subsection (a). ``(2) Limitation.--Not more than 10 percent of the total funds made available from the Fund in any fiscal year to carry out this subtitle may be excepted from the matching requirements of subsection (a), as authorized by paragraph (1) of this subsection. ``SEC. 178. APPLICATIONS FOR ASSISTANCE. ``An application for assistance under this subtitle shall be submitted in such form and in accordance with such procedures as the Fund shall establish. ``SEC. 179. RECORDKEEPING. ``The requirements of section 115 shall apply to a qualified organization receiving assistance from the Fund under this subtitle as if it were a community development financial institution receiving assistance from the Fund under subtitle A. ``SEC. 180. AUTHORIZATION. ``In addition to funds otherwise authorized to be appropriated to the Fund to carry out this title, there are authorized to be appropriated to the Fund to carry out this subtitle-- ``(1) $15,000,000 for fiscal year 2000; ``(2) $25,000,000 for fiscal year 2001; ``(3) $30,000,000 for fiscal year 2002; and ``(4) $35,000,000 for fiscal year 2003. ``SEC. 181. IMPLEMENTATION. ``The Administrator shall, by regulation, establish such requirements as may be necessary to carry out this subtitle.''. SEC. 2. ADMINISTRATIVE EXPENSES. Section 121(a)(2)(A) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4718(a)(2)(A)) is amended-- (1) by striking ``$5,550,000'' and inserting ``$6,100,000''; and (2) in the first sentence, by inserting before the period ``, including costs and expenses associated with carrying out subtitle C''. SEC. 3. CONFORMING AMENDMENTS. Section 104(d) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(d)) is amended-- (1) in paragraph (2)-- (A) by striking ``15'' and inserting ``17''; (B) in subparagraph (G)-- (i) by striking ``9'' and inserting ``11''; (ii) by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and (iii) by inserting after clause (iii) the following: ``(iv) 2 individuals who have expertise in microenterprises and microenterprise development;''; and (2) in paragraph (4), in the first sentence, by inserting before the period ``and subtitle C''.

Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to add to title I a new subtitle C, which may be cited as the Program for Investment in Microentrepreneurs Act of 1999 (or PRIME Act). Directs the Administrator of the Community Development Financial Institutions Fund (Administrator) to establish a microenterprise technical assistance and capacity building program to provide Fund grants to qualified nonprofit organizations to: (1) provide training and technical assistance to disadvantaged entrepreneurs; (2) provide training and capacity building services to help microenterprise development organizations and programs develop microenterprise training and services; and (3) aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs. Prohibits the use of grant amounts to make loans of any kind. Sets forth an allocation formula for such assistance and for grants benefitting very low-income persons, including those residing on Indian reservations. Authorizes a qualified organization to provide subgrants to small and emerging microenterprise entities. Instructs the Administrator to employ selection criteria that provide positive consideration to applications by qualified organizations participating in the Microloan program established under the Small Business Act. Mandates matching funds from non-Federal sources. Requires the Administrator to report to certain congressional committees on the enterprise technical assistance and capacity building program, including an evaluation of its effectiveness. Authorizes appropriations. Requires the Administrator to: (1) submit regulations to the Administrator of the Small Business Administration (SBA) for review and comment; and (2) enter into a memorandum of understanding with the SBA Administrator providing that the program under this Act and the Microloan program under the Small Business Act will be implemented in conjunction and coordination with one another. Prohibits the Fund Administrator from making any grant under this Act before reaching accord on such memorandum of understanding.

PRIME Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employees Health Benefits Access Act''. SEC. 2. PROVISIONS TO MAKE FEHBP AVAILABLE TO THE GENERAL PUBLIC. (a) In General.--Chapter 89 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 8915. Provisions to require that benefits be extended to the general public ``(a) A contract may not be made or a plan approved unless the carrier agrees to offer to the general public, throughout each term for which the contract or approval remains effective, the same benefits (subject to the same maximums, limitations, exclusions, and other similar terms or conditions) as would be offered under such contract or plan to employees and annuitants and their family members. ``(b)(1) Premiums for coverage under this section shall be established in conformance with such requirements as the Office of Personnel Management shall by regulation prescribe, including provisions to ensure conformance with generally accepted standards and practices associated with community rating. ``(2) In no event shall the enactment of this section result in-- ``(A) any increase in the level of individual or Government contributions required under section 8906 or any other provision of this chapter, including copayments or deductibles; ``(B) any decrease in the types of benefits offered under this chapter; or ``(C) any other change that would adversely affect the coverage afforded under this chapter to employees and annuitants and their family members. ``(c) Benefits under this section shall, with respect to an individual who is entitled to benefits under part A of title XVIII of the Social Security Act, be offered (for use in coordination with those Social Security benefits) to the same extent and in the same manner as if coverage were under the preceding provisions of this chapter, rather than under this section. ``(d)(1) A carrier may file an application with the Office setting forth reasons why it, or a plan provided by such carrier, should be excluded from the requirements of this section. ``(2) In reviewing any such application, the Office may consider such factors as-- ``(A) any bona fide enrollment restrictions which would make the application of this section inappropriate, including those common to plans which are limited to individuals having a past or current employment relationship with a particular agency or other authority of the Government; ``(B) whether compliance with this section would jeopardize the financial solvency of the plan or carrier, or otherwise compromise its ability to offer health benefits under the preceding provisions of this chapter; and ``(C) the anticipated duration of the requested exclusion, and what efforts the plan or carrier proposes to take in order to be able to comply with this section. ``(e) Except as the Office may by regulation prescribe, any reference to this chapter (or any requirement of this chapter), made in any provision of law, shall not be considered to include this section (or any requirement of this section).''. (b) Conforming Amendment.--The table of sections for chapter 89 of title 5, United States Code, is amended by adding at the end the following: ``8915. Provisions to require that benefits be extended to the general public.''. SEC. 3. STANDARDIZED CLAIMS PROCESSING. Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(o) A claim for payment or reimbursement under this chapter (whether electronic or otherwise) shall be submitted on such a standard form or in such a standard manner as may be required by the Office in relation to health benefit plans. Each contract under this chapter shall include appropriate provisions to carry out the preceding sentence.''. SEC. 4. ADVANCE DIRECTIVES. Section 8907 of title 5, United States Code, is amended by adding at the end the following: ``(c) The Office shall-- ``(1) prepare information relating to the use of advance directives regarding the type or intensity of care which an individual desires in the event that such individual becomes unable to communicate by reason of incapacity due to illness or injury; and ``(2) require, as a condition for approval of any contract under section 8902, that appropriate provisions be included so that such information may be made available to enrollees of the plan involved.''. SEC. 5. DEMONSTRATION PROJECT TO EXAMINE THE FEASIBILITY OF OFFERING FEHBP ENROLLEES THE OPTION OF USING ARBITRATION INSTEAD OF LITIGATION TO RESOLVE MEDICAL MALPRACTICE CLAIMS. (a) In General.--The Office of Personnel Management shall conduct a demonstration project to assess the feasibility and desirability of offering the use of arbitration, instead of litigation, to resolve medical malpractice claims arising out of covered health care services. (b) Definition.--For the purpose of this section, the term ``covered health care services'' means any care, treatment, or other service for which the individual who receives such service has coverage under chapter 89 of title 5, United States Code. (c) Project Requirements.-- (1) In general.--The demonstration project shall be conducted as a demonstration project under section 4703 of title 5, United States Code. (2) Plan design.--In developing a plan for such project under section 4703 of title 5, United States Code, the Office shall include (in addition to any information otherwise required)-- (A) suggestions for incentives that may be offered in order to obtain the voluntary participation of enrollees, such as reductions in premiums, copayments, or deductibles; (B) the criteria for identifying the types of health benefit plans which are appropriate for inclusion, and the procedures and conditions in accordance with which any such plan may participate; (C) the general framework for arbitration, including (to the extent the Office considers appropriate) methods for the selection of arbitrators, length of hearings, and limitations on damages; and (D) the effect of an award resulting from the arbitration process, and the extent to which review of such an award may be obtained. (d) Evaluation.--The evaluation required under section 4703(h) of title 5, United States Code, with respect to the demonstration project shall include data and analysis relating to matters such as-- (1) the number of claims brought for arbitration; (2) how those claims were disposed of (whether by settlement, hearing, or otherwise), and the percentage of the total number of claims represented by each; (3) the average dollar amount of those awards or settlements; (4) the various costs involved in connection with those claims; and (5) the advantages and disadvantages of arbitration, relative to other methods of dispute resolution, and the extent to which arbitration should continue to be used under chapter 89 of such title. SEC. 6. APPLICABILITY. The amendments made by this Act shall apply with respect to contract terms beginning after the end of the 6-month period beginning on the date of the enactment of this Act.

Federal Employees Health Benefits Access Act - Prohibits a Government health services contract from being made or a plan approved unless the carrier agrees to offer to the general public the same benefits as would be offered under such contract or plan to Federal employees and annuitants and their family members. Requires premiums for coverage to be established in conformance with such requirements as the Office of Personnel Management (OPM) shall prescribe. Specifies that in no event shall this Act's enactment result in any: (1) increase in the level of individual or Government contributions required, including copayments or deductibles; (2) decrease in the types of benefits offered; or (3) other change that would adversely affect the coverage afforded to employees and annuitants and their family members. Permits a carrier to file an application with OPM setting forth reasons why it, or a plan provided by such carrier, should be excluded from the requirements of this Act. Allows OPM, in reviewing any such application, to consider such factors as: (1) any bona fide enrollment restrictions which would make the application of this Act inappropriate; (2) whether compliance would jeopardize the financial solvency of the plan or carrier or otherwise compromise its ability to offer health benefits; and (3) the anticipated duration of the requested exclusion and what efforts the plan or carrier proposes to take in order to be able to comply with this Act. Requires a claim for payment or reimbursement to be submitted on a standard form or in a standard manner as may be required by OPM in relation to health benefit plans. Directs OPM to: (1) prepare information relating to the use of advance directives regarding the type or intensity of care which an individual desires in the event that such individual becomes unable to communicate by reason of incapacity due to illness or injury; and (2) require, as a condition for contract approval, that appropriate provisions be included so that such information may be made available to enrollees of the plan involved. Requires OPM to conduct a demonstration project to assess the feasibility and desirability of offering the use of arbitration, instead of litigation, to resolve medical malpractice claims arising out of covered health care services. Sets forth provisions regarding project requirements and evaluation.

Federal Employees Health Benefits Access Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Tax Rebate Act of 2005''. TITLE I--ENERGY TAX REBATE SEC. 101. ENERGY TAX REBATE. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application in the case of abatements, credits, and refunds) is amended by adding at the end the following new section: ``SEC. 6430. ENERGY TAX REBATE. ``(a) General Rule.--Except as otherwise provided in this section, each individual shall be treated as having made a payment against the tax imposed by chapter 1 for the taxable year beginning in 2005 in an amount equal to the lesser of-- ``(1) the amount of the taxpayer's liability for tax for such taxpayer's preceding taxable year, or ``(2) $500. ``(b) Liability for Tax.--For purposes of this section, the liability for tax for any taxable year shall be the excess (if any) of-- ``(1) the sum of-- ``(A) the taxpayer's regular tax liability (within the meaning of section 26(b)) for the taxable year, ``(B) the tax imposed by section 55(a) with respect to such taxpayer for the taxable year, and ``(C) the taxpayer's social security taxes (within the meaning of section 24(d)(2)) for the taxable year, over ``(2) the sum of the credits allowable under part IV of subchapter A of chapter 1 (other than the credits allowable under subpart C thereof, relating to refundable credits) for the taxable year. ``(c) Taxable Income Limitation.-- ``(1) In general.--If the taxable income of the taxpayer for the preceding taxable year exceeds the maximum taxable income in the table under subsection (a), (b), (c), or (d) of section 1, whichever is applicable, to which the 25 percent rate applies, the dollar amount otherwise determined under subsection (a) for such taxpayer shall be reduced (but not below zero) by the amount of the excess. ``(2) Change in return status.--In the case of married individuals filing a joint return for the taxable year who did not file such a joint return for the preceding taxable year, paragraph (1) shall be applied by reference to the taxable income of both such individuals for the preceding taxable year. ``(d) Date Payment Deemed Made.-- ``(1) In general.--The payment provided by this section shall be deemed made on the date of the enactment of the Energy Tax Rebate Act of 2005. ``(2) Remittance of payment.--The Secretary shall remit to each taxpayer the payment described in paragraph (1) not later than the date which is 30 days after the date specified in paragraph (1). ``(e) Certain Persons Not Eligible.--This section shall not apply to-- ``(1) 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) any estate or trust, or ``(3) any nonresident alien individual.''. (b) Conforming Amendment.--Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period ``, or enacted by the Energy Tax Rebate Act of 2005''. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6430. Energy tax rebate.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. TITLE II--LOW-INCOME HOME ENERGY ASSISTANCE SEC. 201. SENSE OF THE SENATE REGARDING FULL FUNDING FOR THE LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM. It is the sense of the Senate that Congress should appropriate $5,100,000,000 for fiscal year 2006 and each subsequent fiscal year for the Low-Income Home Energy Assistance Program, under section 2602(b) of the Low-Income Home Energy Assistance Act of 1981. TITLE III--CONSUMER PROTECTIONS SEC. 301. UNFAIR OR DECEPTIVE ACTS OR PRACTICE IN COMMERCE RELATED TO PRICING OF PETROLEUM PRODUCTS. (a) Sales to Consumers at Unconscionable Price.-- (1) In general.--It is unlawful for any person to sell crude oil, gasoline, or petroleum distillates at a price that-- (A) is unconscionably excessive; or (B) indicates the seller is taking unfair advantage of circumstances to increase prices unreasonably. (2) Factors considered.--In determining whether a violation of paragraph (1) has occurred, there shall be taken into account, among other factors, whether-- (A) the amount charge represents a gross disparity between the price fo the crude oil, gasoline, or petroleum distillate sold and the price at which it was offered for sale in the usual course of the seller's business immediately prior to the energy emergency; or (B) the amount charged grossly exceeds the price at which the same or similar crude oil, gasoline, or petroleum distillate was readily obtainable by other purchasers in the area to which the declaration applies. (3) Mitigating factors.--In determining whether a violation of paragraph (1) has occurred, there also shall be taken into account, among other factors, the price that would reasonably equate supply and demand in a competitive and freely functioning market and whether the price at which the crude oil, gasoline, or petroleum distillate was sold reasonably reflects additional costs, not within the control fo the seller, that were paid or incurred by the seller. (b) Prohibition Against Geographic Price-Setting and Territorial Restrictions.-- (1) In general.--Except as provided in paragraph (2), it is unlawful for any person to-- (A) set different prices for gasoline or petroleum distillates for different geographic locations; or (B) implement a territorial restriction with respect to gasoline or petroleum distillates. (2) Exceptions.--A person may set different prices for gasoline or petroleum distillates for different geographic locations or implement territorial restrictions with respect to gasoline or petroleum distillates only if the price differences or restrictions are sufficiently justified by-- (A) differences in the cost of retail space where the gasoline or petroleum distillate is sold; (B) differences in the cost of transportation of gasoline or petroleum distillates from the refinery to the retail location; (C) differences in the cost of storage of gasoline or petroleum distillates at the retail location; or (D) differences in the formulation of the gasoline or petroleum distillates sold. (c) False Pricing Information.--It is unlawful for any person to report information related to the wholesale price of crude oil, gasoline, or petroleum distillates to the Federal Trade Commission if-- (1) that person knew, or reasonably should have known, the information to be false or misleading; (2) the information was required by law to be reported; and (3) the person intended the false or misleading data to affect data compiled by that department or agency for statistical or analytical purpose with respect to the market for crude oil, gasoline, or petroleum distillates. SEC. 302. ENFORCEMENT UNDER FEDERAL TRADE COMMISSION ACT. (a) Enforcement by Commission.--This title shall be enforced by the Federal Trade Commission. In enforcing section 301(a) of this title, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of crude oil, gasoline, and petroleum distillates in excess of $500,000,000 per year but shall not exclude enforcement actions against companies with total United States wholesale sales of $500,000,000 or less per year. (b) Violation Is Unfair or Deceptive Act or Practice.--The violation of any provision of this title shall be treated as an unfair or deceptive act or practice proscribed under a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). SEC. 303. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 301(a), or to impose the civil penalties authorized by section 304 for violations of section 301(a), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened by such violation. (b) Notice.--The State shall serve written notice to the Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority to Intervene.--Upon receiving the notice required by subsection (b), the Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which-- (A) the defendant operates; (B) the defendant was authorized to do business; or (C) where the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Limitation on State Action While Federal Action Is Pending.--If the Commission has instituted a civil action or an administrative action for violation of this title, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complain of the Commission or the other agency for any violation of this title alleged in the complaint. (g) Enforcement of State Law.--Nothing contained in this section shall prohibit an authorized State official from proceeding in state court to enforce a civil or criminal statute of such State. SEC. 304. PENALTIES. (a) Civil Penalty.-- (1) In general.--In addition to any penalty applicable under the Federal Trade Commission Act-- (A) any person who violates section 301(c) of this title is punishable by a civil penalty of not more than $1,000,000; and (B) any person who violates section 301(a) or 301(b) of this title is punishable by a civil penalty of not more than $3,000,000. (2) Method of assessment.--The penalties provided by paragraph (1) shall be assessed in the same manner as civil penalties imposed under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) each day of a continuing violation shall be considered a separate violation; and (B) the Commission shall take into consideration the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. (b) Criminal Penalty.--Violation of section 301(a) of this title is punishable by a fine of not more than $1,000,000, imprisonment for not more than 5 years, or both. SEC. 305. EFFECT ON OTHER LAWS. (a) Other Authority of Commission.--Nothing in this title shall be construed to limit or affect in any way the Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) State Law.--Nothing in this title preempts any State law. SEC. 306. MARKET TRANSPARENCY FOR CRUDE OIL, GASOLINE, AND PETROLEUM DISTILLATES. (a) In General.--The Federal Trade Commission shall facilitate price transparency in markets for the sale of crude oil and essential petroleum products at wholesale, having due regard for the public interest, the integrity of those markets, fair competition, and the protection of consumers. (b) Marketplace Transparency.-- (1) Dissemination of information.--In carrying out this section, the Commission shall provide by rule for the dissemination, on a timely basis, of information about the availability and prices of wholesale crude oil, gasoline, and petroleum distillates to the Commission, States, wholesale buyers and sellers, and the public. (2) Protection of public from anticompetitive activity.--In determining the information to be made available under this section and time to make the information available, the Commission shall seek to ensure that consumers and competitive markets are protected from the adverse effects of potential collusion or other anticompetitive behaviors that can be facilitated by untimely public disclosure of transaction- specific information. (3) Protection of market mechanisms.--The Commission shall withhold from public disclosure under this section any information the Commission determines would, if disclosed, be detrimental to the operation of an effective market or jeopardize security. (c) Information Sources.-- (1) In general.--In carrying out subsection (b), the Commission may-- (A) obtain information from any market participant; and (B) rely on entities other than the Commission to receive and make public the information, subject to the disclosure rules in subsection (b)(3). (2) Published data.--In carrying out this section, the Commission shall-- (A) consider the degree of price transparency provided by existing price publishers and providers of trade processing services; and (B) rely on such publishers and services to the maximum extent practicable. (3) Electronic information systems.-- (A) In general.--The Commission may establish an electronic information system if the Commission determines that existing price publications are not adequately providing price discovery or market transparency. (B) Electronic information filing requirements.-- Nothing in this section affects any electronic information filing requirements in effect under this title as of the date of enactment of this Act. (4) De minimus exception.--The Commission may not require entities who have a de minimus market presence to comply with the reporting requirements of this section. (d) Cooperation With Other Federal Agencies.-- (1) Memorandum of understanding.--Not later 180 days after the date of enactment of this Act, the Commission shall conclude a memorandum of understanding with the Commodity Futures Trading Commission and other appropriate agencies (if applicable) relating to information sharing, which shall include provisions-- (A) ensuring that information requests to markets within the respective jurisdiction of each agency are properly coordinated to minimize duplicative information requests; and (B) regarding the treatment of proprietary trading information. (2) CFTC jurisdiction.--Nothing in this section limits or affects the exclusive jurisdiction of the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. 1 et seq.). (e) Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to establish such rules as the Commission determines to be necessary and appropriate to carry out this section.

Energy Tax Rebate Act of 2005 - Amends the Internal Revenue Code to provide a formula for an energy tax rebate to eligible individuals for the taxable year beginning in 2005. Expresses the sense of the Senate that Congress should appropriate $5.1 billion for FY2006 and each subsequent fiscal year for the Low-Income Home Energy Assistance Program (LIHEAP) under the Low-Income Home Energy Assistance Act of 1981. Declares it is unlawful for any person to sell crude oil, gasoline, or petroleum distillates at a price that: (1) is unconscionably excessive; or (2) indicates the seller is taking unfair advantage of circumstances to increase prices unreasonably. Prohibits geographic price-setting and territorial restrictions. Empowers the Federal Trade Commission (FTC) and the State Attorneys General to enforce this Act. Sets forth civil and criminal penalties for violations of this Act. Directs the FTC to: (1) facilitate price transparency in markets for the sale of crude oil and essential petroleum products at wholesale; (2) seek to ensure that consumers and competitive markets are protected from the adverse effects of potential collusion or other anticompetitive behaviors that can be facilitated by untimely public disclosure of transaction-specific information; and (3) conclude a memorandum of understanding with the Commodity Futures Trading Commission and other appropriate agencies relating to information sharing.

A bill to provide an immediate Federal income tax rebate to help taxpayers with higher fuel costs, to express the sense of the Senate regarding full funding of LIHEAP, and to provide consumer protections against fuel price gouging, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Price Reporting and Disclosure Act of 2005''. SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following new section: ``data reporting by hospitals and ambulatory surgical centers and public posting ``Sec. 249. (a) Semiannual Reporting Requirement.--Not later than 80 days after the end of each semiannual period beginning January 1 or July 1 (beginning more than one year after the date of the enactment of this section), a hospital and an ambulatory surgical center shall report to the Secretary the following data: ``(1) In the case of a hospital-- ``(A) the frequency with which the hospital performed each service selected under subparagraph (A) or (B) of subsection (c)(1) in an inpatient or outpatient setting, respectively, during such period; ``(B) the frequency with which the hospital administered a drug selected under subparagraph (D) of such subsection in an inpatient setting during such period; and ``(C) if the service was so performed or the drug was so administered during such period-- ``(i) the total number of times the service was so performed or the drug was so administered during such period; and ``(ii) the average and the median charge by the hospital for such service or drug during such period; and ``(2) In the case of an ambulatory surgical center-- ``(A) the frequency with which the center performed each service selected under subparagraph (C) of subsection (c)(1) during such period; and ``(B) if the service was so performed during such period-- ``(i) the total number of times the service was so performed during such period; and ``(ii) the average and the median charge by the center for such service during such period. ``(b) Public Availability of Data.-- ``(1) Public posting of data.--The Secretary shall promptly post, on the official public Internet site of the Department of Health and Human Services, the data reported under subsection (a). Such data shall be set forth in a manner that promotes charge comparison among hospitals and ambulatory surgical centers. ``(2) Notice of availability.--A hospital and an ambulatory surgical center shall prominently post at each admission site of the hospital or center a notice of the availability of the data reported under subsection (a) on the official public Internet site under paragraph (1). ``(c) Selection of Services and Drugs.--For purposes of this section: ``(1) Initial selection.--Based on national data, the Secretary shall select the following: ``(A) The 25 most frequently performed services in a hospital inpatient setting. ``(B) The 25 most frequently performed services in a hospital outpatient setting. ``(C) The 25 most frequently performed services in an ambulatory surgical center setting. ``(D) The 50 most frequently administered drugs in a hospital inpatient setting. ``(2) Updating selection.--The Secretary shall periodically update the services and drugs selected under paragraph (1). ``(d) Civil Money Penalty.--The Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of subsection (a) or (b)(2) by a hospital or an ambulatory surgical center. The provisions of subsection (i)(2) of section 351A shall apply with respect to civil money penalties under this subsection in the same manner as such provisions apply to civil money penalties under subsection (i)(1) of such section. ``(e) Administrative Provisions.-- ``(1) In general.--The Secretary shall prescribe such regulations and issue such guidelines as may be required to carry out this section. ``(2) Classification of services.--The regulations and guidelines under paragraph (1) shall include rules on the classification of different services and the assignment of items and procedures to those services. ``(3) Rules.--The regulations and guidelines under paragraph (1) shall include rules regarding reporting of inpatient diagnostic related groups (DRGs), outpatient procedures and tests and classification of drugs. Classification of drugs may include unit, strength, and dosage information for reporting. ``(4) Computation of average and median charges.-- ``(A) In general.--The regulations and guidelines under paragraph (1) shall include a methodology for computing an average and median charge for a service or drug, in accordance with subparagraph (B). ``(B) Methodology.--The methodology prescribed by the Secretary under subparagraph (A) shall ensure that an average and median charge for a service reflects the amount charged before any adjustment based on a negotiated rate with a third party. ``(5) Form of report and notice.--The regulations and guidelines under paragraph (1) shall specify the electronic form and manner by which a hospital or an ambulatory surgical center shall report data under subsection (a) and the form for posting of notices under subsection (b)(2). ``(f) Rules of Construction.-- ``(1) Non-preemption of state laws.--Nothing in this section shall be construed as preempting or otherwise affecting any provision of State law relating to the disclosure of charges or other information for a hospital or an ambulatory surgical center. ``(2) Charges.--Nothing in this section shall be construed to regulate or set hospital or ambulatory surgical center charges. ``(g) Definitions.--In this section: ``(1) Hospital and ambulatory surgical center.--The terms `hospital' and `ambulatory surgical center' have the meaning given such terms by the Secretary. ``(2) Drug.--For purposes of this section, the term `drug' includes a biological and a non-prescription drug, such as an ointment.''.

Hospital Price Reporting and Disclosure Act of 2005 - Amends the Public Health Service Act to require a hospital or ambulatory surgical center to: (1) report data to the Secretary of Health and Human Services regarding the frequency of performing certain services and administering certain drugs and the charge by the hospital or center for such services or drugs; and (2) prominently post such information at each admission site. Requires the Secretary to: (1) publicly post such information in a manner that promotes charge comparisons among hospitals and centers; and (2) select which services or drugs are to be reported based on how frequently each service is performed or each drug is administered. Allows the Secretary to impose a civil monetary penalty for violations of this Act.

To amend the Public Health Service Act to provide for the public disclosure of charges for certain hospital and ambulatory surgical center services and drugs.

SECTION 1. BOUNDARY MODIFICATION, MORLEY NELSON SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA, IDAHO. (a) Definitions.--In this section: (1) Conservation area.--The term ``Conservation Area'' means the Morley Nelson Snake River Birds of Prey National Conservation Area. (2) Gateway west.--The term ``Gateway West'' means the high-voltage transmission line project in Idaho and Wyoming jointly proposed by the entities Idaho Power Company, incorporated in the State of Idaho, and Rocky Mountain Power, a division of PacifiCorp, an Oregon Corporation. (3) Map.--The term ``map'' means the map titled ``Proposed Snake River Birds of Prey NCA Boundary Adjustment'' and dated October 13, 2016. (4) Sage-grouse species.--The term ``sage-grouse species'' means the greater sage-grouse (Centrocercus urophasianus) (including all distinct population segments). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Areas To Be Added to and Removed From Morley Nelson Snake River Birds of Prey National Conservation Area.--The boundary of the Conservation Area is hereby modified-- (1) to include-- (A) the approximately 4726 acres of land generally depicted as ``BLM Administered Lands'' on the map, to the extent such lands are part of the Lower Saylor Creek Allotment those lands would continue to be managed by the BLM Jarbidge Field Office until terms of the No. CV-04-181-S-BLW Stipulated Settlement Agreement are fully met, after which the lands would be managed by the Morley Nelson Snake River Birds of Prey National Conservation Area office; and (B) the approximately 86 acres of land generally depicted as ``BOR Administered Lands'' on the map; and (2) to exclude-- (A) the approximately 761 acres land generally depicted as ``Segment 8 Revised Proposed Route'' on the map, including 125 feet on either side of the center line of the Gateway West Transmission line, the Gateway West Transmission Line shall be sited so that the center line of Segment 8 is no more than 500 feet from the center line of the existing Summer Lake Transmission Line as described in the Summer Lake Transmission Line Right of Way Grant per FLPMA, IDI- 008875; and (B) the approximately 1,845 acres land generally depicted as ``Segment 9 Revised Proposed Route'' on the map including 125 feet on either side of the center line of the Gateway West Transmission line. (c) Right-of-Way and Conditions.-- (1) Right-of-way.--Notwithstanding any other provision of law, not later than 90 days after the date of the enactment of this section, the Secretary shall issue to Gateway West a right-of-way for the lands described in subsection (b)(2) to be used for the construction and maintenance of transmission lines, including access roads and activities related to fire prevention and suppression. The right-of-way issued under this paragraph shall contain the conditions described in subsection (c)(2), and be in alignment with the revised proposed routes for segments 8 and 9 identified as Alternative 1 in the Supplementary Final Environmental Impact Analysis released October 5, 2016. (2) Conditions.--The conditions that the Secretary shall include in the right-of-way described in paragraph (1) shall be in accordance with section 505 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1765) and are as follows: (A) Mitigation.--During the time of construction of each respective line segment, Gateway West shall mitigate for the impacts related to the transmission lines in accordance with the Compensatory Mitigation and Enhancement framework described in the final Supplemental Environmental Impact Statement with the stipulation that Compensatory Mitigation and Enhancement costs shall not exceed $8,543,440. (B) Conservation.--Gateway West shall contribute $2,000 per acre of right-of-way in the Conservation Area during the time of construction of Segment 8 Revised Proposed Route (comprising 761 acres) and during the construction of Segment 9 Revised Proposed Route (comprising 1,845 acres) to the Bureau of Land Management Foundation that shall be used for the purpose of conservation, including enhancing National Landscape Conservation System Units in Idaho, also known as National Conservation Lands. (C) Costs.--Gateway West shall pay all costs associated with the boundary modification, including the costs of any surveys, recording costs, and other reasonable costs. (D) Other.--Standard terms and conditions in accordance with section 505 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1765). (d) Administration.--The Secretary shall-- (1) administer the lands described in subsection (b)(1) as part of the Conservation Area in accordance with Public Law 103-64 and as part of the National Landscape Conservation System; and (2) continue to administer lands described in subsection (b)(2), but as lands that are not included in a Conservation Area or subject to Public Law 103-64. (e) Transfer of Administrative Jurisdiction.--Administrative jurisdiction over the approximately 86 acres of land depicted as ``BOR Administered Lands'' on the map is hereby transferred from the Bureau of Reclamation to the Bureau of Land Management. (f) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (g) Management Plan Amendment.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall amend the management plan for the Conservation Area to address the long-term management of the lands described in subsection (b)(1) in order to-- (1) determine appropriate management activities and uses of the lands described in subsection (b)(1) consistent with Public Law 103-64 and this section; (2) continue managing the grazing of livestock on the lands described in subsection (b)(1) in which grazing is established as of the date of the enactment of this section such that the grazing shall be allowed to continue, subject to such reasonable regulations, policies, and practices that the Secretary considers necessary; (3) allow motorized access on roads existing on the lands described in subsection (b)(1) on the date of the enactment of this section, subject to such reasonable regulations, policies, and practices that the Secretary considers necessary; and (4) allow hunting and fishing on the lands described in subsection (b)(1) consistent with applicable laws and regulations. SEC. 2. COTTEREL WIND POWER PROJECT. The approximately 203 acres of Federal land identified as ``Project Area'' on the map titled ``Cotterel Wind Power Project'' and dated March 1, 2006, may not be used for the production of electricity from wind. SEC. 3. BUREAU OF LAND MANAGEMENT FOUNDATION. The Secretary of the Interior shall-- (1) establish a Bureau of Land Management Foundation as a charitable and nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986; and (2) grant to such Foundation the same authorities granted to the National Park Foundation for its activities to benefit the National Park Service under subchapter II of chapter 1011 of title 54, United States Code, for the purpose of providing opportunities for the Bureau of Land Management to address a variety of specific challenges that could be better addressed with the support of a foundation, including-- (A) reclamation of legacy wells, contaminated native lands, and abandoned mine land sites; (B) sustainable management of wild horses and burros; (C) expanded scientific understanding of responsible development techniques; (D) voluntary conservation activities; and (E) proper identification and cataloging of cultural and historical treasure on public lands.

This bill modifies the boundary of the Morley Nelson Snake River Birds of Prey National Conservation Area in Idaho to: (1) include specified Bureau of Land Management (BLM) administered land and certain Bureau of Reclamation administered land, and (2) exclude specified lands identified as the Segment 8 Revised Proposed Route and as the Segment 9 Revised Proposed Route. The Department of the Interior shall issue to Gateway West (a high-voltage transmission line project in Idaho and Wyoming) a right-of-way for such proposed routes, which is to be used for the construction and maintenance of transmission lines and for access roads and activities related to fire prevention and suppression, subject to construction mitigation and conservation requirements. Interior shall: (1) administer the BLM and Reclamation administered lands as part of the National Landscape Conservation System, and (2) continue to administer the proposed route lands as lands that are not included in the conservation area. The bill transfers from Reclamation to the BLM administrative jurisdiction over the Reclamation administered lands. Interior shall amend the management plan for the conservation area in order to address the long-term management of the BLM and Reclamation administered lands, including for livestock grazing, hunting, fishing, and motorized access. Specified federal land in the Cotterel Wind Power Project area may not be used for producing electricity from wind. Interior shall establish a Bureau of Land Management Foundation and grant it the same authorities granted to the National Park Foundation for National Park Service activities, for the purpose of providing opportunities for the BLM to address specific challenges that may be better addressed with the support of a foundation.

To modify the boundaries of the Morley Nelson Snake River Birds of Prey National Conservation Area, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Propane Education and Research Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) propane gas, or liquefied petroleum gas, is an essential energy commodity providing heat, hot water, cooking fuel, and motor fuel among its many uses to millions of Americans; (2) the use of propane is especially important to rural citizens and farmers, offering an efficient and economical source of gas energy; (3) propane has been recognized as a clean fuel and can contribute in many ways to reducing the pollution in our cities and towns; and (4) propane is primarily domestically produced and its use provides energy security and jobs for Americans. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``Council'' means the Propane Education and Research Council created pursuant to section 4 of this Act; (2) the term ``industry'' means those persons involved in the production, transportation, and sale of propane, and in the manufacture and distribution of propane utilization equipment, in the United States; (3) the term ``industry trade association'' means an organization exempt from tax, under section 501(c)(3) or (6) of the Internal Revenue Code of 1986, representing the propane industry; (4) the term ``odorized propane'' means propane which has had odorant added to it; (5) the term ``producer'' means the owner of the propane at the time it is recovered at a manufacturing facility; (6) the term ``propane'' means a hydrocarbon whose chemical composition is predominantly C<SUP>3H<SUP>8, whether recovered from natural gas or crude oil; (7) the term ``public member'' means a member of the Council, other than a representative of producers or retail marketers, representing significant users of propane, public safety officials, academia, the propane research community, or other groups knowledgeable about propane; (8) the term ``qualified industry organization'' means the National Propane Gas Association, the Gas Processors Association, a successor association of such associations, or a group of retail marketers or producers who collectively represent 25 percent of the volume of propane sold or produced in the United States; (9) the term ``retail marketer'' means a person engaged primarily in the sale of odorized propane to the ultimate consumer or to retail propane dispensers; (10) the term ``retail propane dispenser'' means a person who sells odorized propane to the ultimate consumer but is not engaged primarily in the business of such sales; and (11) the term ``Secretary'' means the Secretary of Energy. SEC. 4. REFERENDA. (a) Creation of Program.--The Secretary shall conduct a referendum as soon as possible among producers and retail marketers to authorize the creation of the Propane Education and Research Council and the levying of an assessment on odorized propane. Voting rights in such referendum shall be based on the volume of propane sold or produced in the previous calendar year or other representative period. Upon approval of those persons representing two-thirds of the total volume of propane voted in the retail marketer class and two-thirds of all propane voted in the producer class, the Secretary shall issue an order establishing the Council. All persons voting in the referendum shall certify to the Secretary the volume of propane represented by their vote. (b) Termination.--On the Secretary's own initiative, or on petition of the Council or of producers and retail marketers representing 35 percent of the volume of propane in each class, the Secretary shall hold a referendum to determine whether the industry favors termination or suspension of the order issued under subsection (a). Termination or suspension shall not take effect unless it is approved by persons representing more than one-half of the total volume of odorized propane in the retail marketer class and more than one-half of the total volume of propane in the producer class. SEC. 5. PROPANE EDUCATION AND RESEARCH COUNCIL. (a) Appointment of Members.--Upon issuance of an order by the Secretary under section 4(a) establishing the Propane Education and Research Council, the Secretary shall select all retail marketer and producer members of the Council from a list of nominees submitted by qualified industry organizations. Nominees need not be members of a qualified industry organization. The public members of the Council shall be appointed by the Secretary. Vacancies in unfinished terms of Council members shall be filled in the same manner as were the original appointments. (b) Representation.--In making nominations and appointments to the Council, the qualified industry organizations and the Secretary shall give due regard to selecting a Council that is representative of the industry, including representation of-- (1) gas processors and oil refiners among producers; (2) interstate and intrastate operators among retail marketers; (3) large and small companies among producers and retail marketers; and (4) diverse geographic regions of the country. (c) Membership.--The Council shall consist of 21 members, with 9 members representing retail marketers, 9 members representing producers, and 3 public members. Other than the public members, Council members shall be full-time employees or owners of businesses in the industry. No employee of a qualified industry organization or other industry trade association shall serve as a member of the Council, and no member of the Council may serve concurrently as an officer of the Board of Directors of a qualified industry organization or other industry trade association. Only one person at a time from any company or its affiliate may serve on the Council. (d) Compensation.--Council members shall receive no compensation for their services, nor shall Council members be reimbursed for expenses relating to their service, except that public members, upon request, may be reimbursed for reasonable expenses directly related to their participation in Council meetings. (e) Terms.--Council members shall serve terms of 3 years and may serve not more than 2 full terms. Members filling unexpired terms may serve not more than a total of 7 years. Former members of the Council may be returned to the Council if they have not been members for a period of 2 years. Initial appointments to the Council shall be for terms of 1, 2, and 3 years, staggered to provide for the election of 7 members each year. (f) Functions.--The Council shall develop programs and projects and enter into contracts or agreements for implementing this Act, including programs to enhance consumer safety, to provide for research and development of clean and efficient propane utilization equipment, to inform and educate the public, to develop and preserve markets for propane, and to provide for the payment of the costs thereof with funds collected pursuant to this Act. The Council shall coordinate its activities with industry trade association and others as appropriate to provide efficient delivery of services and to avoid unnecessary duplication of activities. (g) Administration.--The Council shall select from among its members a Chairman and other officers as necessary, may establish committees and subcommittees of the Council, and shall adopt rules and bylaws for the conduct of business and the implementation of this Act. The Council shall establish procedures for the solicitation of industry comment and recommendations on any significant plans, programs, and projects to be funded by the Council. The Council may establish advisory committees of persons other than Council members. (h) Employees; Administrative Expenses.--The Council may employ a person to serve as Chief Executive Officer and such other employees as it considers necessary. The Council shall determine the compensation and duties of each employee, and shall protect the handling of Council funds through fidelity bonds. The administrative expenses of operating the Council shall not exceed 10 percent of the funds collected in any fiscal year. (i) Budget.--Before August 1 each year, the Council shall publish for industry review and comment a budget plan for the next calendar year, including the probable costs of all programs, projects, and contracts and a recommended rate of assessment sufficient to cover such costs. Following this review and comment, the Council shall submit the proposed budget to the Secretary. The Secretary shall recommend any changes the Secretary considers appropriate to the budget after an opportunity for public comment. (j) Records; Audits.--The Council shall keep minutes, books, and records that clearly reflect all of the acts and transactions of the Council and regularly report such information to the Secretary, along with such other information as the Secretary may require. The books of the Council shall be audited by a certified public accountant at least once each fiscal year and at such other times as the Council may designate. Copies of such audit shall be provided to the Secretary, all members of the Council, all qualified industry organizations, and to other members of the industry upon request. The Secretary shall receive notice of meetings and may require reports on the activities of the Council, as well as reports on compliance, violations, and complaints regarding the implementation of this Act. (k) Reimbursement of Federal Expenses.--From assessments collected, the Council shall annually reimburse the Secretary for costs incurred in holding the referendum establishing the Council, making appointments to the Council, and other expenses directly related to the Council, not in excess of the cost of three employee years, as determined by the Secretary. SEC. 6. ASSESSMENTS. (a) Amount.--The Council shall set the initial assessment at no greater than one tenth of 1 cent per gallon of odorized propane. Thereafter, annual assessments shall be sufficient to cover the costs of the plans and programs developed by the Council. The assessment shall not be greater than one-half cent per gallon of odorized propane, unless approved by a majority of those voting in a referendum in both the producer and the retail marketer class. The assessment may not be raised by more than one tenth of 1 cent per gallon of odorized propane annually. (b) Ownership.--The owner of odorized propane at the time of odorization, or the time of import of odorized propane, shall pay the assessment based on the volume of odorized propane sold and placed into commerce. Assessments are payable to the Council on a monthly basis by the 25th of the month following the month of such sale. Propane exported from the United States to another country is not subject to the assessment. (c) Alternative Collection Rules.--The Secretary may by regulation, with the concurrence of the Council, establish an alternative means of collecting the assessment if another means is found to be more efficient and effective. The Secretary may by regulation establish a late payment charge and rate of interest to be imposed on any person who fails to remit, collect, or pay to the Council any amount due under this Act. (d) Investment of Funds.--Pending disbursement pursuant to a program, plan, or project, the Council may invest funds collected through assessments, and any other funds received by the Council, only in obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States. (e) State Programs.--After consultation with the Council, the Secretary may by regulation establish a program coordinating the operation of the Council with those of any State propane education and research council or similar entity created by State law. This may include a joint or coordinated assessment collection process, a reduced assessment, or an assessment rebate. If adopted, the reduction in assessment or rebate may be in an amount not to exceed 20 percent of the regular assessment collected in that State under this section. Assessment rebates shall be paid only to a State propane education and research council or similar entity that meets the requirements established by the Council, and only for specific projects approved by the Council. SEC. 7. ENFORCEMENT. (a) Cease and Desist Orders; Civil Penalties.--The Secretary, after providing notice and an opportunity for hearing, may, with respect to any person who violates any provision of this Act or any plan, regulation, or order issued under this Act-- (1) issue an order requiring that person to cease and desist from continuing such violation; and (2) assess a civil penalty not to exceed $5,000 for each such violation. Each day during which a violation continues shall be considered a separate violation. (b) Investigatory Powers.--In order to carry out this Act, the Secretary may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. The district courts of the United States may punish a failure to comply with a subpoena issued under this subsection as a contempt of the court. SEC. 8. LOBBYING RESTRICTIONS. No funds collected by the Council shall be used in any manner for influencing legislation or elections, except that the Council may recommend to the Secretary changes in this Act or other statutes that would further the purposes of this Act. SEC. 9. ADMINISTRATIVE PROVISIONS. Nothing in this Act may be construed to preempt or supersede any other program relating to propane education and research organized and operated under the laws of the United States or any State. SEC. 10. ISSUANCE OF REGULATIONS. Within 9 months after the date of enactment of this Act, the Secretary shall issue regulations for the implementation of this Act. The Secretary may require such reports or documentation as is necessary to document the referendum process and the nomination process for members of the Council and shall protect the confidentiality of all such documentation provided by industry members.

Propane Education and Research Act of 1993 - Directs the Secretary of Energy (the Secretary) to conduct a referendum among producers and retail marketers to authorize the creation of the Propane Education and Research Council and the levying of an assessment on odorized propane. Makes it the Council's mission to develop programs and enter into contracts for: (1) propane research and development; (2) consumer education; (3) propane market development; and (4) payment for program costs with funds collected under this Act. Prescribes guidelines under which the Council shall set annual assessments to cover program costs. Authorizes the Secretary to establish a program to coordinate Council operations with any State propane education and research council. Proscribes the use of Council funds for lobbying activities. Directs the Secretary to issue implementation regulations.

Propane Education and Research Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``West Nile Virus and Arboviral Disease Act''. SEC. 2. TEMPORARY PROGRAM FOR WEST NILE VIRUS AND RELATED ARBOVIRAL DISEASES. Section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended-- (1) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and (2) by inserting after subsection (a), the following: ``(b) Temporary Program for West Nile Virus and Related Arboviral Diseases.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may make grants to States for the prevention and control of West Nile Virus and related arboviral diseases. States that receive grants under this subsection are encouraged to work with local health entities to develop prevention and control programs. ``(2) Preference in making grants.--In awarding grants under paragraph (1), the Secretary may give preference to State that-- ``(A) have an incidence or prevalence of West Nile Virus or related arboviral diseases, or a population of infected mosquitoes, that is substantial relative to other States; or ``(B) have an increased risk of West Nile Virus or related arboviral diseases. ``(3) Use of funds.--Funds made available under a grant under this subsection shall be used for-- ``(A) the development, implementation, and evaluation by States and localities of community-based, comprehensive mosquito control plans, based upon the guidelines developed under paragraph (7); and ``(B) the development and implementation of programs on medical entomology, arbovirology, and other vector-borne diseases, that would support longer term prevention and control efforts, including training to assist in developing a competent workforce to direct and manage local mosquito and vector-borne disease control programs. ``(4) Matching funds and limitation on supplanting.-- ``(A) In general.--To be eligible to receive a grant under this subsection a State shall provide assurances to the Secretary that the State shall, with respect to the costs of the program to be carried out by the State under the grant, make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 50 percent of such costs (or $1 for each $1 of Federal funds provided under the grant). ``(B) Determination of amount contributed.--Non- Federal contributions required under subparagraph (A) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(C) Supplement not supplant.--Amounts provided under a grant under this subsection shall be used to supplement, and not supplant, State and local funds provided for activities of the type funded under this subsection. ``(D) Waiver.--The Secretary may waive the requirements of subparagraph (A) with respect to a State if the Secretary determines that extraordinary economic conditions in the State justify such a waiver. ``(5) Local involvement.-- ``(A) In general.--A State that receives funds under this subsection shall, to the extent practicable, involve localities in the planning, implementation, and evaluation of community-based, comprehensive mosquito control plans. ``(B) Local public health improvement.--A State that receives a grant under this subsection shall ensure that not less than 85 percent of the amount received under the grant is expended at the local level or for local public health improvement related to the West Nile Virus or related arboviral diseases. ``(6) Technical assistance.-- ``(A) In general.--Amounts appropriated to carry out this subsection may be used to expand the capability of the Centers for Disease Control and Prevention to provide technical support to State and local health departments in the implementation and evaluation of mosquito control programs and the containment of relevant arboviral diseases. Such technical assistance may include the development of guidelines, as described in paragraph (7). ``(B) Limitation.--Not to exceed 20 percent of the amount appropriated to carry out this subsection for a fiscal year may be used as provided for under subparagraph (A). ``(7) Mosquito abatement guidelines.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with public and private health and mosquito control organizations, shall provide for the development of a plan, together with standard operating procedures, to serve as a guideline for State and local communities for the development, implementation, and evaluation of sustainable, locally managed, integrated mosquito control programs. The elements of such guidelines shall be limited to those functions determined as appropriate by the Director for building the public health infrastructure. Such guidelines should include programs to-- ``(A) identify new human cases of disease; ``(B) track the spread of disease through monitoring infection in mosquitoes, birds, horses, and any other creatures that may be involved; ``(C) provide laboratory support for testing; ``(D) increase participation in the existing surveillance system for arboviruses; ``(E) provide for the conduct of educational and public outreach campaigns to reduce exposure to arboviruses; and ``(F) outline appropriate procedures for mosquito control and for monitoring possible health or environmental effects. ``(8) Evaluation.-- ``(A) In general.--The Secretary shall conduct an evaluation of the program established under this subsection. ``(B) Report.--Not later than 18 months after the date of enactment of the West Nile Virus and Arboviral Disease Act, the Secretary shall submit to Congress a report concerning the program established under this subsection, that shall include-- ``(i) the results of the evaluation conducted under subparagraph (A); ``(ii) information related to the development of a sustainable mosquito abatement program for those States that have received funds under this subsection; ``(iii) a description of the progress made in the development and implementation of the guidelines under paragraph (7); and ``(iv) an evaluation of the overall costs and benefits of the program established under this subsection. ``(9) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, such sums as may be necessary for each of fiscal years 2003 and 2004. In the case of control programs carried out in response to the West Nile Virus or related arboviruses that constitute a public health emergency, the authorization of appropriations under the preceding sentence is in addition to applicable authorizations under the Public Health Security and Bioterrorism Response Act of 2002 (or the amendments made by such Act). ``(10) Termination.--The program established under this subsection shall terminate on September 30, 2004, except that the Secretary, based on the evaluation conducted under paragraph (6), may extend such program for an additional fiscal year.''. SEC. 3. RESEARCH PROGRAM. Part B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following: ``SEC. 249. ARBOVIRUS RESEARCH PROGRAM. ``(a) In General.--The President shall expand, intensify, and enhance research (either directly or through the awarding of grants or contracts) to-- ``(1) identify or develop methods of controlling the population of insects that transmit to humans diseases that have significant adverse health consequences (including the West Nile Virus); ``(2) develop rapid screening tools for West Nile Virus in blood or organs; ``(3) develop pathogen inactivation technologies (technologies that safely and cost-effectively remove RNA and DNA from blood); and ``(4) develop additional methodologies for containing the spread of the West Nile Virus or other related arboviruses. ``(b) Scope of Activities.--Activities under subsection (a)(1) may include examining methodologies that have been used or are being used to control insect populations as well as developing new methodologies. ``(c) Entities Involved.--Activities under subsection (a) may be carried out through the National Institute of Environmental Health Sciences, other Institutes at the National Institutes of Health, the Environmental Protection Agency, the Centers for Disease Control and Prevention. the Food and Drug Administration, or any other relevant Federal Government entity. To the extent practicable, in carrying out this section, the President shall promote coordination between the relevant Federal agencies, the private sector, and individuals and organizations with appropriate expertise including expertise in public health, entomology, arbovirology, and veterinary health. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2003 through 2007.''.

West Nile Virus and Arboviral Disease Act - Amends the Public Health Service Act to establish a temporary program for West Nile Virus and related arboviral diseases, which may include grants by the Secretary of Health and Human Services to States for the prevention and control of such diseases. Directs grant funds to be used for: (1) the development, implementation, and evaluation by States and localities of community-based, comprehensive mosquito control plans; and (2) the development and implementation of programs on medical entomology, arbovirology, and other vector-borne diseases. Includes a 50 percent matching requirement for such grants.Requires 85 percent of grant funds to any State to be expended locally.Directs the Secretary, acting through the Director of the Centers for Disease Control and Prevention and with appropriate consultation, to develop a plan, together with standard operating procedures, to serve as a guideline for State and local mosquito control programs. Sets forth elements that such plan should include, including programs to: (1) identify new human cases of disease; and (2) provide laboratory support for testing. Sets a termination date of September 30, 2004, for the temporary program.Directs the President to expand, intensify, and enhance research for various activities, including to: (1) identify and develop methods of controlling the population of insects that transmit to humans diseases that have significant adverse health consequences (including the West Nile Virus); and (2) develop rapid screening tools for West Nile Virus in blood or organs.

A bill to amend the Public Health Service Act to provide grants for the operation of enhanced mosquito control programs to prevent and control mosquito-borne diseases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bodegas as Catalysts for Healthy Living Act''. SEC. 2. GRANTS FOR SMALL BUSINESSES AND CONSUMER EDUCATION AND OUTREACH. (a) Program Required.--The Administrator of the Small Business Administration shall carry out a program under which the Administrator makes grants to any of the following: (1) A locally-based organization that represents small business concerns. (2) A local redevelopment agency that is chartered, established, or otherwise sanctioned by a State or local government. (b) Use of Grant Amounts.--The recipient of a grant under this section shall use the grant amounts for one or more of the following activities: (1) To provide, to independently owned and operated small business concerns, such as bodegas and corner stores, assistance (such as assistance in purchasing appropriate equipment, or assistance in hiring and training personnel) in expanding their inventory to include one or more of the following products: (A) Fresh fruits and vegetables. (B) Healthy alternatives (as defined by the Department of Agriculture) such as whole milk alternatives, pure fruit juices, and products with 0 grams of transfat). (2) To provide, to community-based organizations, such as community health centers, assistance in carrying out consumer education and outreach activities to encourage the purchase of such products, such as by informing communities about the health risks associated with high-calorie, low-exercise lifestyles and the benefits of healthy living. (c) Collaboration Required.--A small business concern may receive assistance in expanding inventory under subsection (b)(1) only if the small business concern works in collaboration with one or more community-based organizations in expanding that inventory. A community- based organization may receive assistance in carrying out activities under subsection (b)(2) only if the community-based organization works in collaboration with one or more small business concerns in carrying out those activities. (d) Maximum Grant.--A grant under this section may not exceed $100,000. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2007. SEC. 3. COVERAGE OF ADDITIONAL PRIMARY CARE AND PREVENTIVE SERVICES UNDER THE MEDICARE AND MEDICAID PROGRAMS. (a) Medicare Program.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (A) in subsection (s)(2), by adding at the end the following new subparagraph: ``(BB) additional primary and preventive services described in subsection (ccc);''; and (B) by adding at the end the following new subsection: ``Additional Primary and Preventive Services ``(ccc) The term `additional primary and preventive services' means such primary and preventive services that are not otherwise covered under this title as the Secretary shall specify when provided by qualified providers, as specified by the Secretary. Such term includes the following: ``(1) Services for the prevention and treatment of obesity and obesity-related disease. ``(2) Supervised exercise sessions. ``(3) Exercise stress testing for the purpose of exercise prescriptions. ``(4) Lifestyle modification education. ``(5) Culinary arts education for the purpose of promoting proper nutrition.''. (2) Conforming amendments.--(A) Section 1862(a)(1) of such Act (42 U.S.C. 1395y(a)(1)) is amended-- (i) by striking ``and'' at the end of subparagraph (M); (ii) by adding ``and'' at the end of subparagraph (N); and (iii) by adding at the end the following new subparagraph: ``(O) in the case of additional primary care and preventive services, which are performed more frequently than the Secretary may specify;''. (B) Section 1833(b)(5) of such Act (42 U.S.C. 1395l(b)(5)) is amended by inserting ``or additional primary care or preventive services (as defined in section 1861(ccc))'' after ``(jj))''. (b) Medicaid Program.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (1) by striking ``and'' at the end of paragraph (27); (2) by redesignating paragraph (28) as paragraph (29); and (3) by inserting after paragraph (27) the following new paragraph: ``(28) additional primary care and preventive services (as defined in section 1861(ccc)) which are not otherwise covered under this subsection; and''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first calendar quarter beginning after the date of the enactment of this Act, with regard to whether regulations to implement such amendments are in effect as of such date.

Bodegas as Catalysts for Healthy Living Act - Directs the Administrator of the Small Business Administration to make grants to local organizations that represent small business concerns and local redevelopment agencies to assist: (1) independently owned and operated small businesses, such as bodegas and corner stores, in expanding their inventories to include fresh fruits and vegetables and healthy alternatives (as defined by the Department of Agriculture); and (2) community-based organizations, such as community health centers, in carrying out consumer outreach and education programs to encourage the purchase of fresh fruits, vegetables, and healthy alternatives and to inform communities about health risks and the benefits of healthy living. Requires small businesses and community-based organizations to collaborate in carrying out the purposes of this Act. Limits grant amounts to $100,000. Amends title XVIII (Medicare) and title XIX (Medicaid) of the Social Security Act to cover additional primary and preventive services relating to obesity treatment and prevention, supervised exercise sessions, stress testing, lifestyle modification education, and nutrition education.

To increase access to and consumption of fresh fruits, vegetables, and healthy alternatives in low-income communities with high incidences of obesity and obesity-related disease.

SECTION 1. POTENTIAL PROBLEM OFFICER EARLY WARNING PROGRAMS. (a) Declarations.--The Congress finds and declares that-- (1) police brutality is a problem of deep concern; and (2) the Congress has an interest in assisting local units in creating early warning systems that are effective, resilient, and affordable to the local units. (b) Definition.--In this Act, ``potential problem officer early warning program'' means a system of procedures that is designed to-- (1) identify police officers who have been the subject of an excessive number of legitimate complaints of excessive use of force by members of the public or have otherwise demonstrated the potentiality of having difficulty dealing appropriately with members of the public; (2) provide assistance to such officers in avoiding such difficulty in the future, including the provision of training in communication techniques, conflict resolution, and stress management; and (3) apply discipline where appropriate. (c) Evaluation and Report.-- (1) Evaluation.--The Attorney General, acting through the Director of the National Institute of Justice, shall-- (A) conduct an evaluation of potential problem officer early warning programs that are being or have been utilized by units of local government, including analyses of-- (i) the effect on such programs of factors such as the population and geographic size and characteristics of a jurisdiction and the ability of such programs to adjust in a resilient manner to changes in such factors; (ii) the potential savings that local governments can realize from the operation of such programs as a result of the reduction in the number of citizen complaints, the reduction in the number of occasions in which it is necessary to change the duty assignments of or to dismiss (and replace) problem officers, and other beneficial effects; (iii) the positive and negative effects that such programs may have on the law enforcement system, such as their effect on police morale and the ability of police officers to perform their law enforcement duties; (iv) the ability of such programs to ensure the exoneration of officers whose conduct is proper while identifying those whose conduct indicates the necessity or desirability of prophylactic action; and (v) the costs of establishing such programs and of operating and monitoring the effectiveness of such programs on a permanent basis; (B) develop a model early warning system that is effective, capable of adjusting to changing circumstances, and affordable to units (or combinations of units) of local government of jurisdictions (or combinations of jurisdictions) with populations of 50,000 or more; and (C) prepare and disseminate to the law enforcement community, including Federal, State and local law enforcement agencies, findings and recommendations made as a result of the evaluation for the establishment of such programs. (2) Report.--On or before October 1, 1994, the Attorney General shall submit to Congress a report addressing the matters described in paragraph (1), with recommendations concerning the need or appropriateness of further action by the Federal Government. (3) Expenses.--Expenses incurred in conducting the evaluation and developing a model potential problem officer early warning system under paragraph (1) shall be paid out of funds that are available to the National Institute of Justice and not specifically appropriated for other purposes, to the extent that such funds can be made available without increasing the amount of appropriations for the National Institute of Justice for any fiscal year over the amount appropriated for fiscal year 1993. (d) Sense of Congress.--It is the sense of Congress that-- (1) the Attorney General should, under existing authorities and using appropriations available for those authorities and funds otherwise available to the Attorney General, make seed money grants of up to $25,000 each to units (or combinations of units) of local government of jurisdictions (or combinations of jurisdictions) of a population of 50,000 or more for the purpose of assisting the police department (or other entity that performs the functions of a police department) in establishing a potential problem officer early warning program; (2) a unit of local government should be eligible to receive a grant described in subsection (c) if-- (A) its police department (or other entity that performs the functions of a police department) adopts and enforces-- (i) a written policy prohibiting the use of unreasonable or unnecessary physical force by law enforcement officers; and (ii) written procedures for receiving and investigating citizen complaints alleging misconduct by law enforcement officers; (B) the program to be funded includes provisions for continuing self-monitoring of the program, including the provision to the Attorney General of information that may be useful in performing the evaluation and developing the model program described in subsection (d)(1); and (C) the grant recipient demonstrates a commitment to the long-term continuance of the program and the reduction of the incidence of police brutality; (3) a policy described in paragraph (2)(A) should-- (A) restrict the use of force to circumstances authorized by law and to the degree minimally necessary to accomplish a lawful law enforcement purpose; and (B) include procedures for reporting and monitoring the use of force by officers within the jurisdiction of the department; (4) the procedures described in paragraph (2)(B) should require that complainants-- (A) be allowed to receive copies of their complaints; (B) be informed of the findings, disposition, and specific disciplinary actions, if any, resulting from their complaints; and (C) be permitted to attend any disciplinary hearings that result from their complaints; (5) a unit (or combination of units) of local government should receive grants described in this subsection in amounts that do not exceed $50,000 in the aggregate; and (6) the total amount of grants described in this subsection that are made during fiscal years 1994, 1995, 1996, 1997, and 1998 should not exceed $5,000,000.

Directs the Attorney General to: (1) conduct an evaluation of potential problem officer early warning programs utilized by local governments; (2) develop a model early warning system that is effective, capable of adjusting to changing circumstances, and affordable to local governments of jurisdictions with populations of 50,000 or more; and (3) prepare and disseminate findings and recommendations to the law enforcement community for the establishment of such programs. Sets forth provisions regarding: (1) reporting requirements; and (2) payment of expenses incurred in conducting the evaluation and developing a model system. Expresses thhe sense of the Congress that: (1) the Attorney General should make seed money grants of up to $25,000 to local governments for assisting in establishing such programs; and (2) local governments should be eligible if they adopt and enforce policies prohibiting unreasonable or unnecessary force by law enforcement officers and procedures for receiving and investigating citizen complaints.

A bill to require the Attorney General to prepare an evaluation and report on potential problem officer early warning programs and to develop a model potential problem officer early warning program, and to express the sense of the Congress that the Attorney General, under existing authorities, should provide assistance to local jurisdictions in establishing procedures to identify and provide guidance to police officers who demonstrate the potentiality of having difficulty dealing with members of the public on a consistent basis.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fuel-Efficient Fleets Act of 2006''. SEC. 2. FUEL ECONOMY OF THE FEDERAL FLEET. Section 32917 of title 49, United States Code, is amended by adding at the end the following: ``(c) New Vehicles.-- ``(1) In general.--Except as provided in paragraph (2), or by a waiver granted by the Adminstrator of the General Services Administration, each passenger automobile purchased, or leased for at least 60 consecutive days, by an executive agency after the date of enactment of the Fuel-Efficient Fleets Act of 2006 shall achieve a minimum fuel economy as follows: ``(A) For vans (except minivans), not less than 15 miles per gallon. ``(B) For minivans, not less than 20 miles per gallon. ``(C) For pickup trucks, not less than 24 miles per gallon. ``(D) For sport utility vehicles, not less than 36 miles per gallon. ``(E) For passenger automobiles not described in subparagraphs (A) through (D), not less than 45 miles per gallon. ``(2) Phase-in period.--Of the automobiles described in paragraph (1), not fewer than-- ``(A) 25 percent of such automobiles purchased by an executive agency during the 1-year period beginning on the date of the enactment of the Fuel-Efficient Fleets Act of 2006 shall achieve the minimum fuel economy described in paragraph (1)(D); ``(B) 50 percent of such automobiles purchased by an executive agency during the 1-year period beginning 1 year after the date of the enactment of the Fuel- Efficient Fleets Act of 2006 shall achieve the minimum fuel economy described in paragraph (1)(D); and ``(C) 75 percent of such automobiles purchased by an executive agency during the 1-year period beginning 2 years after the date of the enactment of the Fuel- Efficient Fleets Act of 2006 shall achieve the minimum fuel economy described in paragraph (1)(D); and ``(D) 100 percent of such automobiles purchased by an executive agency during the 1-year period beginning 3 years after the date of the enactment of the Fuel- Efficient Fleets Act of 2006 shall achieve the minimum fuel economy described in paragraph (1)(D).''. SEC. 3. FUEL ECONOMY STANDARD EVALUATION. (a) Study.--The Secretary of Energy, in consultation with the Secretary of Transportation, shall annually evaluate the fuel economy standards under section 32917(c)(1) of title 49, United States Code, based on relevant technological advances during the previous year. (b) Increased Standards.--If the Secretary of Energy determines that significant technological improvements make it feasible to achieve higher fuel economy, the Secretary shall increase the fuel economy standards under section 32917(c)(1) of title 49, United States Code consistent with such determination. SEC. 4. GRANTS TO STATES. (a) Grants Authorized.--The Secretary of Transportation may award grants to assist States to purchase vans, trucks, sport utility vehicles, minivans, or passenger automobiles that meet the fuel economy requirements for new federal fleet vehicles described in section 32917(c) of title 49, United States Code, as added by section 2. (b) Eligibility.--Grants shall be made available to States that comply with the minimum fuel economy standards described in section 32917(c) of title 49, United States Code. (c) Duration.--The Secretary shall award grants to eligible States under this section for periods not to exceed 1 year. (d) Use of Funds.--Grants awarded under this section shall be used to purchase vehicles that meet the fuel economy requirements described in subsection (b). (e) Application.--The appropriate official of a State seeking a grant under this section shall submit an application to the Secretary of Transportation, at such time and in such manner as the Secretary may require, containing a vehicle purchase plan in accordance with subsection (b). (f) Authorization of Appropriations.--There are authorized to be appropriated $100,000,000 for fiscal year 2007, which shall remain available for the 5-year period beginning on the date of the enactment of this Act, for grants to eligible States under this section. SEC. 5. BUY AMERICAN PREFERENCE. An executive agency (as defined in section 32917(a) of title 49, United States Code) that purchases or leases (for at least 60 consecutive days) passenger automobiles (as defined in section 32901 of title 49, United States Code) shall, when determining which models to purchase, give a preference to automobiles that are assembled in the United States from components, of which not less than 50 percent were manufactured in the United States.

Fuel-Efficient Fleets Act of 2006 - Amends federal transportation law to set forth certain phased-in minimum fuel economy standards for new federal fleet vehicles. Authorizes the award of grants to assist states in purchasing vans, trucks, sport utility vehicles, minivans, or passenger automobiles that meet the new federal fleet vehicle fuel economy standards. Subjects federal agencies to Buy American requirements requiring not less than 50% of newly purchased or leased federal fleet vehicles to be U.S. manufactured.

A bill to amend title 49, United States Code, to set minimum fuel economy requirements for federal vehicles, to authorize grants to States to purchase fuel efficient vehicles, and for other purposes.

SECTION 1. SHORT TITLE. This bill may be cited as the ``Freedom to Fish Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Recreational fishing is traditionally one of the most popular outdoor sports with more than 45 million participants of all ages, in all regions of the country. (2) Recreational fishing makes substantial contributions to the local, State, and national economies. According to the most recent economic figures, recreational fishing infuses $108 billion annually into the national economy. Nationally, over 1.2 million jobs are related to recreational fishing; this represents approximately 1 percent of the nation's entire civilian work force. For those communities and small businesses that rely on seasonal tourism, the expenditures of recreational fishers result in substantial benefits to the local economies. (3) Recreational fishers have long demonstrated a conservation ethic. Through catch-and-release fisheries and through the use of non-lethal fishing gear. In addition to payment of Federal excise taxes on fishing equipment, motorboats and fuel, as well as license fees, recreational fishers contribute over $500 million annually to State fisheries conservation management programs and projects. (4) The single most important element of recreational fishing is open access to places to fish. The open access principle is universally accepted on all Federal lands and waters including wildlife refuges, national parks, wilderness areas, and the exclusive economic zone. (5) All recreational fishery resources can be maintained through a variety of management measures including take limits, minimum size requirements, and closed seasons without unnecessarily restricting public access to places to fish. (6) The absence of clear Congressional policy has confused the general public as to how programs within the National Oceanic and Atmospheric Administration complement one another with respect to recreational fishing. SEC. 3. POLICY. It is the policy of the Congress in this Act-- (1) to ensure that all Federal regulations promote open access for recreational fishing to the maximum extent practicable; (2) to ensure that recreational fishers will be actively involved in any regulatory procedures that contemplate restrictions on their access to places to fish; and (3) to ensure that whenever access to fishing places is restricted, that the restricted areas be as small as are scientifically necessary to provide for the conservation of the fishery resource. SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT AMENDMENT. Section 303(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)) is amended-- (1) by striking ``and'' after the semicolon in paragraph (13); (2) by striking ``fishery.'' in paragraph (14) and inserting ``fishery; and''; and (3) by adding at the end the following: ``(15) not establish areas closed to recreational fishing unless-- ``(A) there is a clear indication that recreational fishermen are the cause of a specific conservation problem and that less severe conservation measures, such as gear restrictions, quotas, or closed seasons will not adequately provide for conservation and management of the affected stocks of fish; ``(B) the closed area regulation includes specific measurable criteria to determine the conservation benefit of the closed area on the affected stocks of fish and provides a timetable for periodic review of the continued need for the closed area at least once every three years; ``(C) the closed area is no larger than that which is supported by the best available scientific information; or ``(D) provision is made to reopen the closed area to recreational fishing whenever the condition in subparagraph (A), (B), or (C) that was the basis of the closure no longer exists.''. SEC. 5. NATIONAL MARINE SANCTUARIES ACT AMENDMENT. Section 304(a)(5) of the National Marine Sanctuaries Act (16 U.S.C. 1434(a)(5)) is amended to read as follows: ``(5) Fishing regulations.--The Secretary shall provide the appropriate Regional Fishery Management Council with the opportunity to propose, and revise from time to time, all regulations applicable to fishing within designated marine sanctuaries according to the standards and procedures of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). The regulations, upon approval by the Secretary, shall apply within the exclusive economic zone, and may be applied within the boundaries of a State, with the approval of the Governor of the State, or pursuant to the authority of the Secretary under section 306(b) of that Act (16 U.S.C. 1856(b)).''.

Amends the National Marine Sanctuaries Act to direct the Secretary to provide such a Council with the opportunity to propose and revise all regulations applicable to fishing within designated marine sanctuaries according to the standards and procedures of the Magnuson-Stevens Fishery Conservation and Management Act. Requires such regulations, upon approval by the Secretary, to apply within the exclusive economic zone and allows them to be applied within a State, with the approval of the State's Governor or pursuant to the Secretary's authority under such Act.

Freedom to Fish Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Induced Rape Prevention and Punishment Act of 1996''. SEC. 2. PROVISIONS RELATING TO USE OF A CONTROLLED SUBSTANCE WITH INTENT TO COMMIT A CRIME OF VIOLENCE. (a) Penalties for Distribution.--Section 401(b) of the Controlled Substances Act is amended by adding at the end the following: ``(7) Penalties for distribution.-- ``(A) In general.--Whoever, with intent to commit a crime of violence, as defined in section 16 of title 18, United States Code (including rape), against an individual, violates subsection (a) by distributing a controlled substance to that individual without that individual's knowledge, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. ``(B) Definition.--For purposes of this paragraph, the term `without that individual's knowledge' means that the individual is unaware that a substance with the ability to alter that individual's ability to appraise conduct or to decline participation in or communicate unwillingness to participate in conduct is administered to the individual.''. (b) Additional Penalties Relating to Flunitrazepam.-- (1) General penalties.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended-- (A) in subsection (b)(1)(C), by inserting ``, or 1 gram of flunitrazepam,'' after ``I or II''; and (B) in subsection (b)(1)(D), by inserting ``or 30 milligrams of flunitrazepam,'' after ``schedule III,''. (2) Import and export penalties.-- (A) Section 1009(a) of the Controlled Substances Import and Export Act (21 U.S.C. 959(a)) is amended by inserting ``or flunitrazepam'' after ``I or II''. (B) Section 1010(b)(3) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended by inserting ``or flunitrazepam,'' after ``I or II,''. (C) Section 1010(b)(4) of the Controlled Substances Import and Export Act is amended by inserting ``(except a violation involving flunitrazepam)'' after ``III, IV, or V,''. (3) Sentencing guidelines.-- (A) Amendment of sentencing guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend, as appropriate, the sentencing guidelines for offenses involving flunitrazepam. (B) Summary.--The United States Sentencing Commission shall submit to the Congress-- (i) a summary of its review under subparagraph (A); and (ii) an explanation for any amendment to the sentencing guidelines made under subparagraph (A). (C) Serious nature of offenses.--In carrying out this paragraph, the United States Sentencing Commission shall ensure that the sentencing guidelines for offenses involving flunitrazepam reflect the serious nature of such offenses. (c) Increased Penalties for Unlawful Simple Possession of Flunitrazepam.--Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by inserting after ``exceeds 1 gram.'' the following: ``Notwithstanding any penalty provided in this subsection, any person convicted under this subsection for the possession of flunitrazepam shall be imprisoned for not more than 3 years, shall be fined as otherwise provided in this section, or both.''. SEC. 3. STUDY ON RESCHEDULING FLUNITRAZEPAM. (a) Study.--The Administrator of the Drug Enforcement Administration shall, in consultation with other Federal and State agencies, as appropriate, conduct a study on the appropriateness and desirability of rescheduling flunitrazepam as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. 801 et seq.). (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Committees on the Judiciary of the House of Representatives and the Senate the results of the study conducted under subsection (a), together with any recommendations regarding rescheduling of flunitrazepam as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. 801 et seq.). SEC. 4. EDUCATIONAL PROGRAM FOR POLICE DEPARTMENTS. The Attorney General may-- (1) create educational materials regarding the use of controlled substances (as that term is defined in section 102 of the Controlled Substances Act) in the furtherance of rapes and sexual assaults; and (2) disseminate those materials to police departments throughout the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Drug-Induced Rape Prevention and Punishment Act of 1996 - Amends the Controlled Substances Act (CSA) to impose penalties of up to 20 years' imprisonment and a fine for violating CSA provisions by distributing a controlled substance to an individual without that individual's knowledge, with intent to commit a crime of violence (including rape) against such individual. Enhances penalties for certain activities involving flunitrazepam under: (1) the CSA, including manufacturing, distributing, or possessing with intent to distribute specified quantities of flunitrazepam (and increases penalties for unlawful simple possession of flunitrazepam); and (2) the Controlled Substances Import and Export Act, including possessing, manufacturing, and distributing for purposes of unlawful importation of such quantities. Directs: (1) the United States Sentencing Commission to review and amend, as appropriate, the sentencing guidelines for offenses involving flunitrazepam and to ensure that such guidelines reflect the serious nature of such offenses; and (2) the Administrator of the Drug Enforcement Administration, in consultation with other Federal and State agencies as appropriate, to conduct a study on the appropriateness of rescheduling flunitrazepam as a Schedule I controlled substance. Sets forth reporting requirements. Authorizes the Attorney General to create educational materials regarding the use of controlled substances in the furtherance of rapes and sexual assaults for dissemination to police departments throughout the United States.

Drug-Induced Rape Prevention and Punishment Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Employment Reduction Assistance Act of 1998''. SEC. 2. DEFINITIONS. For the purpose of this Act: (1) The term ``employee'' means an employee (as defined by section 2105 of title 5, United States Code) of the Department of Veterans Affairs who is serving under an appointment without time limitation and has been currently employed by the Department for a continuous period of at least 3 years, but does not include-- (A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; (B) an employee having a disability on the basis of which such employee is eligible for disability retirement under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; (C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance; (D) an employee who previously has received any voluntary separation incentive payment by the Government under this Act or any other authority; (E) an employee covered by statutory reemployment rights who is on transfer to another organization; or (F) an employee who, during the 24-month period preceding the date of separation, has received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or a recruitment bonus under section 7458 of title 38, United States Code; and (G) any employee who, during the 12-month period preceding the date of separation, received a retention allowance under section 5754 of title 5, United States Code, or a retention bonus under section 7458 of title 38, United States Code. (2) The term ``Department'' means the Department of Veterans Affairs. (3) The term ``Secretary'' means the Secretary of Veterans Affairs. SEC. 3. DEPARTMENT PLANS; APPROVAL. (a) In General.--The Secretary, before obligating any resources for voluntary separation incentive payments, shall submit to the Director of the Office of Management and Budget a strategic plan outlining the use of such incentive payments and a proposed organizational chart for the Department once such incentive payments have been completed. (b) Contents.--The plan shall specify-- (1) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level; the proposed coverage may be based on-- (A) any component of the Department of Veterans Affairs; (B) any occupation, occupation level or type of position; (C) any geographic location; or (D) any appropriate combination of the factors in subparagraphs (A), (B), and (C); (2) the manner in which such reductions will improve operating efficiency or meet actual or anticipated levels of budget or staffing resources; (3) the period of time during which incentives may be paid; and (4) a description of how the affected components of the Department of Veterans Affairs will operate without the eliminated functions and positions. (c) Approval.--The Director of the Office of Management and Budget shall approve or disapprove each plan submitted under subsection (a) and may make appropriate modifications to the plan with respect to the time period in which voluntary separation incentives may be paid, with respect to the number and amounts of incentive payments, or with respect to the coverage of incentives on the basis of the factors in subsection (b)(1). SEC. 4. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. (a) Authority To Provide Voluntary Separation Incentive Payments.-- (1) In general.--The Secretary may pay a voluntary separation incentive payment to an employee only to the extent necessary to reduce or eliminate the positions and functions identified by the strategic plan. (2) Employees who may receive incentives.--In order to receive a voluntary separation incentive payment, an employee must separate from service with the Department voluntarily (whether by retirement or resignation) under the provisions of this Act. (b) Amount and Treatment of Payments.--A voluntary separation incentive payment-- (1) shall be paid in a lump sum after the employee's separation; (2) shall be equal to the lesser of-- (A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code, if the employee were entitled to payment under such section (without adjustment for any previous payment made under that section); or (B) an amount determined by the Secretary, not to exceed $25,000; (3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; (4) shall not be taken into account in determining the amount of severance pay to which an employee may be entitled under section 5595 of title 5, United States Code, based on any other separation; and (5) shall be paid from the appropriations or funds available for payment of the basic pay of the employee. SEC. 5. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT. (a) Repayment Upon Subsequent Employment.--An individual who has received a voluntary separation incentive payment under this Act and accepts any employment with the Government, or who works for any agency of the Government through a personal services contract, within five years after the date of the separation on which the payment is based shall be required to repay, before the individual's first day of employment, the entire amount of the incentive payment to the Department. (b) Waiver Authority for Certain Individuals.--(1) If the employment under subsection (a) is with an Executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (2) If the employment under subsection (a) is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) If the employment under subsection (a) is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (c) Definition.--For the purpose of this section, the term ``employment'' includes-- (1) for the purposes of subsections (a) and (b), employment of any length or under any type of appointment, but does not include employment that is without compensation; and (2) for the purposes of subsection (a), employment with any agency of the Government through a personal services contract. SEC. 6. ADDITIONAL AGENCY CONTRIBUTION TO RETIREMENT FUND. (a) Additional Contribution.--In addition to any other payments which it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, the Secretary shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the Department who is covered under subchapter III of chapter 83 or chapter 84 of title 5 to whom a voluntary separation incentive has been paid under this Act. (b) Definition.--For the purpose of this section, the term ``final basic pay'', with respect to an employee, means the total amount of basic pay that would be payable for a year of service by that employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. SEC. 7. REDUCTION OF AGENCY EMPLOYMENT LEVELS. (a) In General.--The total full-time equivalent employment in the Department shall be reduced by one for each separation of an employee who receives a voluntary separation incentive payment under this Act. The reduction shall be calculated by comparing the Department's full- time equivalent employment for the fiscal year in which the voluntary separation payments are made with the actual full-time equivalent employment for the prior fiscal year. (b) Enforcement.--The President, through the Office of Management and Budget, shall monitor the Department and take any action necessary to ensure that the requirements of this section are met. (c) Waiver Authority.--Subsection (a) may be waived upon a determination by the President that-- (1) the existence of a state of war or other national emergency so requires; or (2) the existence of an extraordinary emergency which threatens life, health, safety, property, or the environment so requires. SEC. 8. CONTINUED HEALTH INSURANCE COVERAGE. Section 8905a(d)(4) of title 5, United States Code, is amended-- (1) in subparagraph (A), by inserting after force ``, or an involuntary separation from a position in or under the Department of Veterans Affairs due to a reduction in force or a title 38 staffing adjustment''; (2) in subparagraph (B), by inserting at the beginning thereof ``With respect to the Department of Defense,''; (3) by redesignating subparagraph (C) as subparagraph (D); (4) by inserting after subparagraph (B) the following new subparagraph (C): ``(C) With respect to the Department of Veterans Affairs, this paragraph shall apply with respect to any individual whose continued coverage is based on a separation occurring on or after the date of the enactment of this subparagraph and before-- ``(i) October 1, 2004; or ``(ii) February 1, 2005, if specific notice of such separation was given to such individual before October 1, 2004.''. SEC. 9. REGULATIONS. The Director of the Office of Personnel Management may prescribe any regulations necessary to administer the provisions of this Act. SEC. 10. LIMITATION; SAVINGS CLAUSE. (a) Limitation.--No voluntary separation incentive under this Act may be paid based on the separation of an employee after September 30, 2004. (b) Savings Clause.--This Act supplements and does not supersede other authority of the Secretary. SEC. 11. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.

Department of Veterans Affairs Employment Reduction Assistance Act of 1998 - Directs the Secretary of Veterans Affairs, before obligating any resources for voluntary separation incentive payments (payments), to submit to the Director of the Office of Management and Budget a strategic plan outlining the use of such payments and a proposed organizational chart for the Department of Veterans Affairs once such payments have been completed. Requires such plan to include: (1) the positions and functions to be reduced or eliminated; (2) their effects on meeting efficiency, budget, or staffing goals; (3) the period of time during which such incentives may be paid; and (4) a description of how the affected Department components will operate without the eliminated functions and positions. Authorizes the Secretary to make such a payment only to reduce or eliminate positions or functions identified in the plan. Requires such payments to be in a lump sum and no greater than $25,000 apiece. Requires full repayment from any individual who is subsequently reemployed with any Federal department or agency, with exceptions for certain employment in which the individual possesses unique abilities and is the only qualified applicant available. Requires the Secretary to remit to the Office of Personnel Management for credit to the Civil Service Retirement and Disability Fund 15 percent of the final basic pay of each individual receiving such payments. Reduces the total full-time equivalent employees in the Department by one for each individual receiving such a payment. Authorizes the President to waive such reductions upon a determination of the existence of: (1) a state of war or other national emergency; or (2) an extraordinary emergency which threatens life, health, safety, property, or the environment. Provides for continued temporary health insurance coverage for individuals receiving such payments. Prohibits any payment based on the separation of an employee after September 30, 2004.

Department of Veterans Affairs Employment Reduction Assistance Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health First Act of 2013''. SEC. 2. MENTAL HEALTH FIRST AID TRAINING GRANTS. Section 520J of the Public Health Service Act (42 U.S.C. 290bb-41) is amended to read as follows: ``SEC. 520J. MENTAL HEALTH FIRST AID TRAINING GRANTS. ``(a) Grants.--The Secretary, acting through the Administrator, shall award grants to States, political subdivisions of States, Indian tribes, tribal organizations, and nonprofit private entities to initiate and sustain mental health first aid training programs. ``(b) Program Requirements.-- ``(1) In general.--To be eligible for funding under subsection (a), a mental health first aid training program shall-- ``(A) be designed to train individuals in the categories listed in paragraph (2) to accomplish the objectives described in paragraph (3); ``(B) ensure that training is conducted by trainers that are properly licensed and credentialed by nonprofit entities as designated by the Secretary; and ``(C) include-- ``(i) at a minimum-- ``(I) a core live training course for individuals in the categories listed in paragraph (2) on the skills, resources, and knowledge to assist individuals in crisis to connect with appropriate local mental health care services; ``(II) training on mental health resources, including the location of community mental health centers described in section 1913(c), in the State and local community; and ``(III) training on action plans and protocols for referral to such resources; and ``(ii) where feasible, continuing education and updated training for individuals in the categories listed in paragraph (2). ``(2) Categories of individuals to be trained.--The categories of individuals listed in this paragraph are the following: ``(A) Emergency services personnel and other first responders. ``(B) Police officers and other law enforcement personnel. ``(C) Teachers and school administrators. ``(D) Human resources professionals. ``(E) Faith community leaders. ``(F) Nurses and other primary care personnel. ``(G) Students enrolled in an elementary school, a secondary school, or an institution of higher education. ``(H) The parents of students described in subparagraph (G). ``(I) Veterans. ``(J) Other individuals, audiences or training populations as determined appropriate by the Secretary. ``(3) Objectives of training.--To be eligible for funding under subsection (a), a mental health first aid training program shall be designed to train individuals in the categories listed in paragraph (2) to accomplish each of the following objectives (as appropriate for the individuals to be trained, taking into consideration their age): ``(A) Safe de-escalation of crisis situations. ``(B) Recognition of the signs and symptoms of mental illness, including such common psychiatric conditions as schizophrenia, bipolar disorder, major clinical depression, and anxiety disorders. ``(C) Timely referral to mental health services in the early stages of developing mental disorders in order to-- ``(i) avoid more costly subsequent behavioral health care; and ``(ii) enhance the effectiveness of mental health services. ``(c) Distribution of Awards.--In awarding grants under this section, the Secretary shall-- ``(1) ensure that grants are equitably distributed among the geographical regions of the United States; and ``(2) pay particular attention to the mental health training needs of populations and target audiences residing in rural areas. ``(d) Application.--A State, political subdivision of a State, Indian tribe, tribal organization, or nonprofit private entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for the rigorous evaluation of activities that are carried out with funds received under such grant. ``(e) Evaluation.--A State, political subdivision of a State, Indian tribe, tribal organization, or nonprofit private entity that receives a grant under this section shall prepare and submit an evaluation to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including an evaluation of activities carried out with funds received under such grant and a process and outcome evaluation. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $20,000,000 for fiscal year 2014 and such sums as may be necessary for each of fiscal years 2015 and 2016.''.

Mental Health First Act of 2013 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Administrator of the Substance Abuse and Mental Health Services Administration (SAMHSA), to award grants to initiate and sustain mental health first aid training programs. Requires such a program to include: (1) core live training courses on the skills, resources, and knowledge necessary to assist individuals in crisis to connect with appropriate local mental health care services; (2) training on mental health resources, including the location of community mental health centers in the state and local community; and (3) training on action plans and protocols for referral to such resources. Sets forth the categories of individuals to be trained under the program, including emergency services personnel and other first responders, police officers and law enforcement personnel, teachers and school administrators, human resources professionals, faith community leaders, nurses and other primary care personnel, students enrolled in school, parents of students, veterans, and other individuals, audiences or training populations as appropriate. Requires such programs to train individuals to accomplish: (1) safe de-escalation of crisis situations, (2) recognition of the signs and symptoms of mental illness, and (3) timely referral to mental health services in the early stages of developing mental disorders. Requires the Secretary, in awarding grants, to: (1) ensure that grants are equitably distributed among the geographical regions of the United States, and (2) pay particular attention to the mental health training needs of populations and target audiences residing in rural areas.

Mental Health First Act of 2013

SECTION 1. FINDINGS. Congress makes the following findings: (1) The United States has run persistent trade deficits since 1978, and many of the trade deficits since 2000 have been especially large. (2) The United States trade deficit rose from $374,900,000,000 in 2009 to $497,800,000,000 in 2010, an increase of 33 percent. (3) Many of the trade deficits are structural--that is, with the same countries, year after year. In 2010, the United States continued to have significant merchandise trade deficits with the People's Republic of China ($273,100,000,000), the European Union ($79,800,000,000), Japan ($59,800,000,000), and Mexico ($66,300,000,000), notwithstanding the overall decline in the United States trade deficit. In fact, in 2010, China accounted for 42 percent of the United States merchandise trade deficit. (4) While the United States has one of the most open borders and economies in the world, the United States faces significant tariff and nontariff trade barriers with its trading partners. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the Emergency Trade Deficit Commission (in this Act referred to as the ``Commission''). (b) Membership of Commission.-- (1) Composition.--The Commission shall be composed of 11 members, of whom-- (A) three persons shall be appointed by the President, of whom one shall be appointed to represent labor interests, one shall be appointed to represent small businesses, and one shall be appointed to represent manufacturing interests; (B) two persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the majority leader of the Senate, after consultation with the Chairman of the Committee on Finance of the Senate; (C) two persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the minority leader of the Senate, after consultation with the ranking minority member of the Committee on Finance of the Senate; (D) two persons shall be appointed by the Speaker of the House of Representatives, after consultation with the Chairman of the Committee on Ways and Means of the House of Representatives; and (E) two persons shall be appointed by the minority leader of the House of Representatives, after consultation with the ranking minority member of the Committee on Ways and Means of the House of Representatives. (2) Qualifications of members.-- (A) Presidential appointments.--Of the persons appointed under paragraph (1)(A), not more than one may be an officer, employee, or paid consultant of the executive branch. (B) Other appointments.--Persons appointed under subparagraph (B), (C), (D), or (E) of paragraph (1) shall be persons who-- (i) have expertise in economics, international trade, manufacturing, labor, environment, or business, or have other pertinent qualifications or experience; and (ii) are not officers or employees of the United States. (C) Other considerations.--In appointing members of the Commission, every effort shall be made to ensure that the members-- (i) are representative of a broad cross- section of economic and trade perspectives within the United States; and (ii) provide fresh insights in to identifying the causes and consequences of the United States trade deficit and developing recommendations to address structural trade imbalances. (c) Period of Appointment; Vacancies.-- (1) In general.--Members shall be appointed not later than 60 days after the date of the enactment of this Act and the appointment shall be for the life of the Commission. (2) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment was made. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Chairperson and Vice Chairperson.--The members of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (h) Voting.--Each member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other member of the Commission. SEC. 3. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall be responsible for examining the nature, causes, and consequences of the United States trade deficit and providing recommendations on how to address and reduce structural trade imbalances, including with respect to the United States merchandise trade deficit, in order to promote sustainable economic growth that provides broad-based income and employment gains. (b) Causes of U.S. Trade Deficit.--In examining the causes of the United States trade deficit, the Commission shall, among other things-- (1) identify and assess the impact of macroeconomic factors, including currency practices, foreign government purchases of United States assets, and savings and investment rates, including savings rates of foreign state-owned enterprises, on United States bilateral trade imbalances and global trade imbalances; (2) with respect to countries with which the United States has significant, persistent sectoral or bilateral trade deficits, assess with respect to the magnitude and composition of such trade deficits-- (A) the impact of tariff and nontariff barriers maintained by such countries and the lack of reciprocal market access as a result of such barriers; (B) the impact of investment, offset, and technology transfer requirements by such countries; (C) any impact due to the failure of such countries to adhere to internationally recognized labor standards, including the extent to which such failure affects conditions of competition with the United States or the ability of consumers in such countries to buy United States goods and services; (D) any impact due to differences in levels of environmental protection and enforcement of environmental laws between such countries and the United States, including the extent to which such differences affect conditions of competition with the United States; (E) policies maintained by such countries that assist manufacturers in such countries, including the impact of such policies on manufacturers in the United States; and (F) the impact of border tax adjustments by such countries; (3) examine the impact of free trade agreements on the United States trade deficit; (4) examine the impact of investment flows both into and out of the United States on the trade deficit, including-- (A) the impact of United States outbound investment on the United States trade deficit and on standards of living and production in the United States; (B) the impact that the relocation of production facilities overseas has on the United States trade deficit, including by reviewing major domestic plant closures over an appropriate representative period to determine how much production terminated from such closures was relocated offshore; (C) the impact of foreign direct investment in the United States on the United States trade deficit and on standards of living and production in the United States; and (D) the impact of United States bilateral investment treaties, including bilateral investment treaties under negotiation, on the United States trade deficit; (5) examine the role and impact of imports of oil and other energy products on the United States trade deficit; and (6) assess the extent to which United States foreign policy interests influence United States economic and trade policies. (c) Consequences of U.S. Trade Deficit.--In examining the consequences of the United States trade deficit, the Commission shall, among other things-- (1) identify and, to the extent practicable, quantify the impact of the trade deficit on the overall domestic economy, and, with respect to different sectors of the economy, on manufacturing capacity, on the number and quality of jobs, on wages, and on health, safety, and environmental standards; (2) assess the effects the trade deficits in the areas of manufacturing and technology have on defense production and innovation capabilities of the United States; and (3) assess the impact of significant, persistent trade deficits, including sectoral and bilateral trade deficits, on United States economic growth. (d) Recommendations.--In making recommendations, the Commission shall, among other things-- (1) identify specific strategies for achieving improved trade balances with those countries with which the United States has significant, persistent sectoral or bilateral trade deficits; (2) identify United States trade policy tools including enforcement mechanisms that can be more effectively used to address the underlying causes of structural trade deficits; (3) identify domestic and trade policies that can enhance the competitiveness of United States manufacturers domestically and globally, including those policies of the United States and other countries that have been successful in promoting competitiveness; (4) address ways to improve the coordination and accountability of Federal departments and agencies relating to trade; and (5) examine ways to improve the adequacy of the collection and reporting of trade data, including identifying and developing additional databases and economic measurements that may be needed to properly assess the causes and consequences of the United States trade deficit. SEC. 4. REPORT. (a) Report.--Not later than 16 months after the date of the enactment of this Act, the Commission shall submit to the President and the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that contains-- (1) the findings and conclusions of the Commission described in section 3; and (2) any recommendations for administrative and legislative actions as the Commission considers necessary. (b) Separate Views.--Any member of the Commission may submit additional findings and recommendations as part of the report. SEC. 5. POWERS OF COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. The Commission shall hold at least seven public hearings, one or more in Washington, DC, and four in different regions of the United States. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of duties of the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. AUTHORIZATION OF APPROPRIATIONS; GAO AUDIT. (a) In General.--There are authorized to be appropriated $2,000,000 to the Commission to carry out this Act. (b) GAO Audit.--Not later than 6 months after the date on which the Commission terminates, the Comptroller General of the United States shall complete an audit of the financial books and records of the Commission and shall submit a report on the audit to the President and the Congress. SEC. 8. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the date on which the Commission submits its report under section 4(a). SEC. 9. MORATORIUM ON FREE TRADE AGREEMENTS. The President shall not submit to the Congress any free trade agreement, or any legislation implementing a free trade agreement, until the report of the Commission has been delivered to the Congress and the President under section 4(a).

Establishes the Emergency Trade Deficit Commission to examine, and report to the President and Congress on, the causes of the U.S. trade deficit, together with recommendations to address and reduce trade imbalances, such as the U.S. merchandise trade deficit, in order to promote sustainable economic growth that provides broad-based income and employment gains. Prohibits the President from submitting to Congress any free trade agreement or legislation implementing one until the report has been delivered to Congress and to the President.

To establish the Emergency Trade Deficit Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``Jason's Law''. SEC. 2. TRUCK PARKING FACILITIES. (a) Establishment.--In cooperation with appropriate State, regional, and local governments, the Secretary of Transportation (referred to in this Act as the ``Secretary'') shall implement a pilot program to address the shortage of long-term parking for commercial motor vehicles on the National Highway System. (b) Allocation of Funds.-- (1) In general.--The Secretary shall allocate funds made available to carry out this section among States, metropolitan planning organizations, and local governments. (2) Applications.--To be eligible for an allocation under this section, a State (as defined in section 101(a) of title 23, United States Code), metropolitan planning organization, or local government shall submit to the Secretary an application at such time and containing such information as the Secretary may require. (3) Eligible projects.-- (A) In general.--Funds allocated under this subsection shall be used by the recipient for projects described in an application approved by the Secretary. (B) Types of projects.--A project carried out using funds allocated under this subsection-- (i) shall serve the National Highway System; and (ii) may include-- (I) construction of safety rest areas (as defined in section 120(c) of title 23, United States Code) that include parking for commercial motor vehicles; (II) construction of commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas; (III) the opening of existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park-and-ride facilities; (IV) promotion of the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means; (V) construction of turnouts along the National Highway System for commercial motor vehicles; (VI) making capital improvements to public commercial motor vehicle parking facilities that, as of the date of enactment of this Act, are closed on a seasonal basis; and (VII) improvement of the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities. (4) Priority.--In allocating funds made available to carry out this section, the Secretary shall give priority to applicants that-- (A) demonstrate a severe shortage of commercial motor vehicle parking capacity in the corridor to be addressed; (B) have consulted with affected State and local governments, community groups, private providers of commercial motor vehicle parking, and motorist and trucking organizations; and (C) demonstrate that the proposed projects are likely to have positive effects on highway safety, traffic congestion, or air quality. (c) Report to Congress.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the pilot program. (d) Funding.-- (1) In general.--There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $20,000,000 for each of fiscal years 2010 through 2015. (2) Contract authority.--Funds authorized under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that-- (A) the funds shall not be transferable and shall remain available until expended; and (B) the Federal share of the cost of a project under this section shall be determined in accordance with subsections (b) and (c) of sections 120 of that title. (e) Treatment of Projects.--Notwithstanding any other provision of law, projects funded under this section shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code.

Jason's Law - Directs the Secretary of Transportation to: (1) implement a pilot program to allocate funds to states, metropolitan planning organizations, and local governments that submit an application approved by the Secretary for eligible projects to establish long-term parking facilities for commercial motor vehicles (trucks) on the National Highway System; and (2) give priority to applicants that demonstrate a severe shortage of truck parking capacity and whose proposed projects are likely to have positive effects on highway safety, traffic congestion, or air quality.

A bill to implement a pilot program to establish truck parking facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access for Afghan Women Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Despite the removal of the Taliban from power, Afghan women continue to experience brutal violation of their human rights, generally outside of Kabul where warlords are reexerting control. (2) Strong and continued United States support can ensure that the advances made by Afghan women since the fall of the Taliban will continue and grow, rather than recede. (3) The United States has made a substantial contribution to the emergency relief and humanitarian efforts for Afghanistan. Completing the United States mission in Afghanistan will also require significant and long-term investments in development and reconstruction assistance. (4) The maternal mortality rate in Afghanistan is one of the highest in the world, with recent reports estimating that every 30 minutes an Afghan women dies (about 15,000 women every year) of pregnancy related causes. The estimated maternal mortality rate of 1,700 deaths per 100,000 live births can be significantly and rapidly reduced through access to primary health care services, including safe birthing supplies, emergency obstetric care, prenatal and postnatal care, contraception, and prevention and treatment for the effects of sexual coercion and rape. (5) Women make up 75 percent or more of the refugees and internally displaced in camps, urban areas, and villages. (6) Eighty-five percent of Afghanistan's population lives in rural areas. The women in rural areas perform vital roles in food production, processing, and preparation. Successful reconstruction and development assistance must target rural women as part of any agricultural interventions. (7) Within Afghanistan and outside of Afghanistan, local women's organizations are delivering critical services and have the knowledge and experience to assist the United States in delivering effective relief aid. (8) The Afghan Ministry for Women's Affairs is an important new ministry that is essential for re-establishing women's human rights, ensuring that women are included in all development efforts, and delivering critical legal, health, education, and economic services to women throughout Afghanistan's 30 provinces. (9) Afghan women are taking the initiative to reach across the conflict divide and foster peace. Women's perspectives and experiences in seeking solutions to conflicts are necessary to ensure lasting peace. (10) Adequate security in both urban and rural areas is essential if women and girls are to exercise their human rights, work, attend school, and otherwise participate in and benefit from humanitarian and development programs sponsored by the United States. SEC. 3. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN AFGHANISTAN. (a) In General.--Activities described in subsections (b) through (e) that are carried out by the United States in Afghanistan shall comply with the applicable requirements contained in such subsections. (b) Governance of Afghanistan.--With respect to the governance of Afghanistan, the applicable requirements are the following: (1) Include the perspectives and advice of Afghan women's organizations, networks, and leaders in United States policymaking related to the governance of Afghanistan. (2) Promote the inclusion of a significant number of women in the Loya Jirga and future legislative bodies to ensure that women's full range of human rights are included and upheld in any constitution or legal structures of Afghanistan. (3) Promote the continuation and strengthening of the Ministry for Women's Affairs as the Afghan Government transitions to a long-term government structure, and encourage the appointment of women to high level positions within Afghan ministries. (c) Post-Conflict Reconstruction and Development.--With respect to activities relating to post-conflict stability in Afghanistan, the applicable requirements are the following: (1) Ensure that a significant portion of United States development, humanitarian, and relief assistance is channeled to local and United States-based Afghan organizations, particularly Afghan women's organizations. Provide technical assistance, training, and capacity-building for local organizations to ensure that United States funded efforts will be both effective and sustainable. (2) Encourage United States organizations that receive funds authorized by this Act to partner with or create Afghan- led counterpart organizations and provide these organizations with significant financial resources, technical assistance, and capacity building. (3) Provide direct financial and programmatic assistance to the Ministry of Women's Affairs adequate to ensure that the Ministry is able to fulfill its mandate. (4) Promote multiyear women-centered economic development programs, including programs to assist widows, female heads of household, women in rural areas, and disabled women. (5) Increase women's access to or ownership of productive assets such as land, water, agricultural inputs, credit, and property. (6) Provide long-term financial assistance for primary, secondary, higher, nontraditional, and vocational education for Afghan girls, women, boys, and men. (7) Provide financial assistance to build the health infrastructure and to deliver high-quality comprehensive health care programs, including primary, maternal, child, reproductive, and mental health care. (8) Integrate education and training programs for former combatants with economic development programs to encourage their reintegration into society and to promote post-conflict stability. (9) Provide assistance to rehabilitate children affected by the conflict, particularly child soldiers. (10) Support educational efforts to increase awareness with respect to landmines, facilitate the removal of landmines, and provide services to individuals with disabilities caused by landmines. (11) Include programs to prevent trafficking in persons, assist victims, and apprehend and prosecute traffickers in persons. (d) Afghan Military and Police.--With respect to training for military and police forces in Afghanistan, the applicable requirements are the following: (1) Include training on the protection, rights, and the particular needs of women and emphasize that violations of women's rights are intolerable and should be prosecuted. (2) Encourage such trainers who will carry out the activities in paragraph (1) to consult with women's organizations in Afghanistan to ensure that training content and materials are adequate, appropriate, and comprehensive. (e) Relief, Resettlement, and Repatriation of Refugees and the Internally Displaced.--With respect to the relief, resettlement, and repatriation of refugees and internally displaced in Afghanistan, the applicable requirements are the following: (1) Take all necessary steps to ensure that women refugees and internally displaced in camps, urban areas, and villages are directly receiving food aid, shelter, relief supplies, and other services from United States-sponsored programs. (2) Take all necessary steps to ensure that women refugees in camps, urban areas, and villages are accessing high-quality health and medical services, including primary, maternal, child, and mental health services. (3) Take all necessary steps to ensure that women and children in refugee camps are protected from sexual exploitation. (4) Take all necessary steps to ensure refugees and internally displaced persons that seek to return to their place of origin can do so voluntarily, safely, and with the full protection of their rights. United States-sponsored efforts shall not coerce refugees or internally displaced persons to return to their places of origin. SEC. 4. REPORTING REQUIREMENTS. Not later than 60 days after the date of enactment of this Act, and annually thereafter, the President shall prepare and transmit to Congress a report that contains documentation of the progress in implementing the requirements of section 3. All data shall be disaggregated by sex.

Access for Afghan Women Act - Directs the United States to undertake a variety of measures to guard and enhance the quality of life of Afghan women, including: (1) incorporating the perspectives and advice of Afghan women's organizations and leaders in U.S. policymaking related to the governance of Afghanistan; (2) promoting the inclusion of a significant number of women in the Loya Jirga and future legislative bodies to ensure that women's human rights are included in any constitution for Afghanistan; (3) ensuring a significant portion of U.S. assistance is channeled to local and U.S.-based Afghan organizations, particularly Afghan women's organizations, and to high-quality comprehensive health care programs and education and training programs in Afghanistan; (4) training on the protection, rights, and the particular needs of women with respect to training for military and police forces in Afghanistan; and (5) ensuring that women refugees and those internally displaced in camps, urban areas, and villages are receiving food aid, health and medical services, and are free from sexual exploitation.

A bill to require that activities carried out by the United States in Afghanistan relating to governance, reconstruction and development, and refugee relief and assistance will support the basic human rights of women and women's participation and leadership in these areas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Veterans Health Care Access Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) One out of every six veterans who have returned from serving in Operation Enduring Freedom or Operation Iraqi Freedom have diagnosable post-traumatic stress disorder. (2) The Department of Veterans Affairs and the Department of Defense face a shortfall of trained mental health professionals. (3) The demands placed on the Department of Veterans Affairs health care system exceed the capacity of that system to serve veterans. (4) Veterans who live in rural areas serviced by distant Department of Veterans Affairs facilities have no option other than excessive travel for diagnosis and long-term treatment. (5) The variety of mental ailments acquired during or as a result of deployment in a war zone frequently require long- term, intensive, and highly-personalized care. (6) The system of the Veterans Health Administration of the Department of Veterans Affairs in effect as of the date of the enactment of this Act for providing long-term mental health care creates unnecessary and unacceptable stress for veterans and the Department of Veterans Affairs. (7) The long-term needs associated with mental health conditions require a positive change in the way the Department of Veterans Affairs provides mental health services. SEC. 3. PILOT PROGRAM TO PROVIDE MENTAL HEALTH SERVICES TO CERTAIN VETERANS OF CONTINGENCY OPERATIONS. (a) Establishment.--The Secretary of Veterans Affairs shall establish and carry out a pilot program to provide mental health counseling to eligible veterans at facilities other than medical facilities of the Department of Veterans Affairs. (b) Eligible Veteran.--For purposes of this section, the term ``eligible veteran'' means a veteran who-- (1) served on active duty in support of a contingency operation, as that term is defined in section 101(13) of title 10, United States Code; (2) is eligible to receive hospital care and medical services under section 1710 of title 38, United States Code; (3) has been diagnosed with a mental health condition for which a certified mental health provider has recommended the veteran receive mental health counseling; and (4) resides at least 30 miles from a medical facility of the Department of Veterans Affairs that employs a full-time mental health professional. (c) Provision of Vouchers.-- (1) Vouchers.-- (A) Six month supply.--Under the pilot program established under subsection (a), upon the request of an eligible veteran, the Secretary of Veterans Affairs shall issue to the eligible veteran a six-month supply of vouchers that may be used to provide for full payment for counseling services provided by any mental health provider on the list established under paragraph (2). (B) Additional vouchers.--If a veteran receives a supply of vouchers under the preceding sentence and, not later than five months after receiving such vouchers requests an additional six-month supply of vouchers, the Secretary may issue to the veteran an additional six-month supplies of vouchers, as the Secretary determines is appropriate. (C) Deadline.--The Secretary of Veterans Affairs shall issue the vouchers under this paragraph not later than 30 days after the date of the date on which the veteran requests the vouchers. (2) List of service providers.--The Secretary shall compile and maintain a list of mental health care providers, including family counseling providers, who have entered into an agreement with the Secretary to accept the vouchers issued under paragraph (1) as payment in full for visits to the provider for mental health counseling. (3) Compliance with department protocols.--Each mental health care provider on the list maintained by the Secretary under paragraph (2) shall comply with applicable protocols of the Department of Veterans Affairs before incurring any liability on behalf of the Department for the provision of services as part of the pilot program. (d) Family Counseling.--If a certified mental health provider or the Secretary of Veterans Affairs has recommended that an eligible veteran and the veteran's family receive family counseling, that veteran may use a voucher provided under subsection (c) as payment in full for visits to a family counseling provider on the list maintained under paragraph (2) of such subsection for such counseling. (e) Rate of Provider Reimbursement.--The Secretary of Veterans Affairs shall provide for payment under the voucher of a mental health provider at the reimbursement rate (if any) in effect under the TRICARE program under chapter 55, of title 10, United States Code, for such services (or similar services) of such a provider in the area or, in the absence of such a reimbursement rate, at the payment rates for such services (or similar services) in effect under part B of title XVIII of the Social Security Act. In order to receive payment under a voucher, a mental health provider shall submit to the Secretary the voucher bearing the signature of the provider and the veteran who received counseling from the provider in exchange for the voucher. (f) Veterans Integrated Service Networks.--The Secretary shall carry out the pilot program under this section in Veterans Integrated Service Networks 1, 4, 7, 12, 17, 20, and 23. (g) Termination; Extension.-- (1) Termination.--The authority of the Secretary to carry out a pilot program under this subsection shall terminate on the date that is five years after the date of enactment of this section. (2) Study; Extension.--Not later than four years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a study on the effectiveness of the pilot program under this section, in which the Secretary shall recommend whether the program should be extended or expanded. Notwithstanding paragraph (1), if the Secretary determines the program should be extended or expanded, the Secretary may extend or expand the existing program.

Rural Veterans Health Care Access Act of 2007 - Directs the Secretary of Veterans Affairs (Secretary) to establish and implement a pilot program to provide mental health counseling services to eligible veterans at non-Department of Veterans Affairs (VA) medical facilities. Defines "eligible veteran" as one who: (1) served on active duty in support of a contingency operation; (2) is eligible to receive hospital care and medical services; (3) has been diagnosed with a mental health condition and recommended to receive mental health counseling; and (4) resides at least 30 miles from a VA medical facility that employs a full-time mental health professional. Requires the Secretary to issue to an eligible veteran a six-month supply of vouchers to be used to pay for counseling (including family counseling) services provided by the mental health provider. Requires the Secretary to conduct a study on the effectiveness of the pilot program.

To direct the Secretary of Veterans Affairs to carry out a pilot program to provide mental health services to certain veterans of Operation Enduring Freedom and Operation Iraqi Freedom.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Film Disclosure Act of 1993''. SEC. 2. AMENDMENT TO THE LANHAM ACT. Section 43 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'', approved July 5, 1946, commonly known as the Lanham Act (15 U.S.C. 1125), is amended by adding at the end the following: ``(c)(1)(A) Any distributor or network that proposes to exploit a materially altered motion picture shall-- ``(i) make a good faith effort to notify each artistic author of the motion picture in writing and by registered mail and in a reasonable amount of time prior to such exploitation; ``(ii) determine the objections of any artistic author so notified to any material alteration of the motion picture; ``(iii) determine the objection of any artistic author so notified by the questionnaire set forth in paragraph (9) to any type of future material alterations which are in addition to those specifically proposed for the motion picture to be exploited; ``(iv) if any objections under clause (ii) or (iii) are determined, include the applicable label under paragraph (6) or (8) in, or affix such label to, all copies of the motion picture before-- ``(I) the public performance of the materially altered motion picture if it is already in distribution, or ``(II) the initial distribution of the materially altered motion picture to any exhibitor or retail provider; and ``(v) in the event of objections by an artistic author to any future material alterations, include or affix such objections to any copy of the motion picture distributed or transmitted to any exhibitor or retail provider. ``(B) Whenever a distributor or network exploits a motion picture which has already been materially altered, such distributor or network shall not be required to satisfy the requirements of subparagraph (A) (i), (ii), and (iii), if-- ``(i) such distributor or network does not further materially alter such motion picture; and ``(ii) such motion picture was materially altered by another distributor or network that complied fully with all of the requirements of subparagraph (A). ``(C)(i) The requirement of a good faith effort under subparagraph (A)(i) is satisfied if a distributor or network that has not previously been notified by each artistic author of a motion picture-- ``(I) requests in writing the name and address of each artistic author of the motion picture from the appropriate professional guild, indicating a response date of not earlier than 30 days after the date of the request, by which the appropriate professional guild must respond; and ``(II) upon receipt of such information from the appropriate professional guild within the time specified in the request, notifies each artistic author of the motion picture in a reasonable amount of time before the exploitation of the motion picture by such network or distributor. ``(ii) The notice to each artistic author under this paragraph shall contain a specific date, not earlier than 30 days after the date of such notice, by which the individual so notified shall respond in accordance with subparagraph (A)(ii). Failure of the artistic author or the appropriate professional guild to respond within the time period specified in the notice shall relieve the distributor or network of all liability under subparagraph (A). ``(D) The requirements of this paragraph for an exhibitor shall be limited to-- ``(i) broadcasting, cablecasting, exhibiting, or distributing all labels required under this section in their entirety that are included with or distributed by the network or distributor of the motion picture; and ``(ii) including or affixing a label described in paragraphs (6) and (8) on a materially altered motion picture for any material alterations performed by the exhibitor to which any artistic author has objected under subparagraph (A)(iii). ``(E)(i) The provisions of this paragraph shall apply with respect to motion pictures intended for home use through either retail purchase or rental, except that no requirement imposed under this paragraph shall apply to a motion picture which has been packaged for distribution to retail providers before the effective date of this subsection. ``(ii) The obligations under this paragraph of a retail provider of motion pictures intended for home use shall be limited to including or distributing all labels required under this paragraph in their entirety that are affixed or included by a distributor or network. ``(F) There shall be no consideration in excess of one dollar given in exchange for an artistic author's waiver of any objection or waiver of the right to object under this subsection. ``(2)(A) Any artistic author of a motion picture that is exploited within the United States who believes he or she is or is likely to be damaged by a violation of this subsection may bring a civil action for appropriate relief, as provided in this paragraph, on account of such violation, without regard to the nationality or domicile of the artistic author. ``(B)(i) In any action under subparagraph (A), the court shall have power to grant injunctions, according to the principles of equity and upon such terms as the court deems reasonable, to prevent the violation of this subsection. Any such injunction may include a provision directing the defendant to file with the court and serve on the plaintiff, within 30 days after the service on the defendant of such injunction, or such extended period as the court may direct, a report in writing under oath setting forth in detail the manner and form in which the defendant has complied with the injunction. Any such injunction granted upon hearing, after notice to the defendant, by any district court of the United States-- ``(I) may be served on the parties against whom such injunction is granted anywhere in the United States where they may be found; and ``(II) shall be operative and may be enforced by proceedings to punish for contempt, or otherwise, by the court by which such injunction was granted, or by any other United States district court in whose jurisdiction the defendant may be found. ``(ii) When a violation of any right of an artistic author is established in any civil action arising under this subsection, the plaintiff shall be entitled to the remedies provided under section 35(a). ``(iii) In any action under subparagraph (A), the court may order that all film packaging of a materially altered motion picture (including film packages of motion pictures intended for home use through either retail purchase or rental) that is the subject of the violation shall be delivered up and destroyed. ``(C) No action shall be maintained under this paragraph unless it is commenced within 1 year after the right of action accrues. ``(3) Any disclosure requirements imposed under the common law or statutes of any State respecting the material alteration of motion pictures are preempted by this subsection. ``(4) To facilitate the location of a potentially aggrieved party, each artistic author of a motion picture may notify the copyright owner of the motion picture or any appropriate professional guild. The professional guilds may each maintain a Professional Guild Registry including the names and addresses of artistic authors so notifying them and may make available information contained in a Professional Guild Registry in order to facilitate the location of any artistic author for purposes of paragraph (1)(A). No cause of action shall accrue against any professional guild for failure to create or maintain a Professional Guild Registry or for any failure to provide information pursuant to paragraph (1)(A)(i). ``(5) As used in this subsection-- ``(A) the term `artistic author' means the principal director and principal screenwriter of a motion picture and, to the extent a motion picture is colorized or its photographic images materially altered, the principal cinematographer of the motion picture; ``(B) the term `colorize' means to add color, by whatever means, to a motion picture originally made in black and white, and the term `colorization' means the act of colorizing;. ``(C) the term `distributor'-- ``(i) means any person, vendor, or syndicator who engages in the wholesale distribution of motion pictures to any exhibitor, network, retail provider, or other person who publicly performs motion pictures by means of any technology, and ``(ii) does not include laboratories or other providers of technical services to the motion picture, video, or television industry; ``(D) the term `editing' means the purposeful or accidental removal of existing material or insertion of new material; ``(E) the term `exhibitor' means any local broadcast station, cable system, airline, motion picture theater, or other person that publicly performs a motion picture by means of any technology; ``(F) the term `exploit' means to exhibit publicly or offer to the public through sale or lease, and the term `exploitation' means the act of exploiting; ``(G) the term `film' or `motion picture' means-- ``(i) a theatrical motion picture, after its publication, of 60 minutes duration or greater, intended for exhibition, public performance, public sale or lease, and ``(ii) does not include episodic television programs of less than 60 minutes duration (exclusive of commercials), motion pictures prepared for private commercial or industrial purposes, or advertisements; ``(H) the term `lexiconning' means altering the sound track of a motion picture to conform the speed of the vocal or musical portion of the motion picture to the visual images of the motion picture, in a case in which the motion picture has been the subject of time compression or expansion; ``(I) the terms `materially alter' and `material alteration'-- ``(i) refer to any change made to a motion picture; ``(ii) include, but are not limited to, the processes of colorization, lexiconning, time compression or expansion, panning and scanning, and editing; and ``(iii) do not include insertions for commercial breaks or public service announcements, editing to comply with the requirements of the Federal Communications Commission (in this subparagraph referred to as the `FCC'), transfer of film to videotape or any other secondary media preparation of a motion picture for foreign distribution to the extent that subtitling and editing are limited to those alterations made under foreign standards which are no more stringent than existing FCC standards, or activities the purpose of which is the restoration of the motion picture to its original version; ``(J) the term `network' means any person who distributes motion pictures to broadcasting stations or cable systems on a regional or national basis for public performance on an interconnected basis; ``(K) the term `panning and scanning' means the process by which a motion picture, composed for viewing on theater screens, is adapted for viewing on television screens by modification of the ratio of width to height of the motion picture and the selection, by a person other than the principal director of the motion picture, of some portion of the entire picture for viewing; ``(L) the term `professional guild' means-- ``(i) in the case of directors, the Directors Guild of America (DGA); ``(ii) in the case of screenwriters, the Writers Guild of America-West (WGA-W) and the Writers Guild of America-East (WGA-E); and ``(iii) in the case of cinematographers, the International Photographers Guild (IPG), and the American Society of Cinematographers (ASC); ``(M) the term `Professional Guild Registry' means a list of names and addresses of artistic authors that is readily available from the files of a professional guild; ``(N) the term `publication' means, with respect to a motion picture, the first paid public exhibition of the work other than previews, trial runs, and festivals; ``(O) the term `retail provider' means the proprietor of a retail outlet that sells or leases motion pictures for home use; ``(P) the term `secondary media' means any medium, including, but not limited to, video cassette or video disc, other than television broadcast or theatrical release, for use on which motion pictures are sold, leased, or distributed to the public; ``(Q) the term `syndicator' means any person who distributes a motion picture to a broadcast television station, cable television system, or any other means of distribution by which programming is delivered to television viewers; ``(R) the terms `time compression' and `time expansion' mean the alteration of the speed of a motion picture or a portion thereof with the result of shortening or lengthening the running time of the motion picture; and ``(S) the term `vendor' means the wholesaler or packager of a motion picture which is intended for wholesale distribution to retail providers. ``(6)(A) A label for a materially altered version of a motion picture intended for public performance or home use shall consist of a panel card immediately preceding the commencement of the motion picture, which bears one or more of the following statements, as appropriate, in legible type and displayed on a conspicuous and readable basis: `THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED. ______ mins. and ______ secs. have been cut [or, if appropriate, added]. The director, __________________ ____________________, and screenwriter, __________ __________, object because this alteration changes the narrative and/or characterization. It has (also) been panned and scanned. The director and cinematographer, __________ __________, object because this alteration removes visual information and changes the composition of the images. It has (also) been colorized. Colors have been added by computer to the original black and white images. The director and cinematographer object to this alteration because it eliminates the black and white photography and changes the photographic images of the actors. It has (also) been electronically speeded up (or slowed down). The director objects because this alteration changes the pace of the performances.' ``(B) A label for a motion picture that has been materially altered in a manner not described by any of the label elements set forth in subparagraph (A) shall contain a statement similar in form and substance to those set forth in subparagraph (A) which accurately describes the material alteration and the objection of the artistic author. ``(7) A label for a motion picture which has been materially altered in more than one manner, or of which an individual served as more than one artistic author, need only state the name of the artistic author once, in the first objection of the artistic author so listed. In addition, a label for a motion picture which has been materially altered in more than one manner need only state once, at the beginning of the label: `THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED.'. ``(8) A label for a film package of a materially altered motion picture shall consist of-- ``(A) an area of a rectangle on the front of the package which bears, as appropriate, one or more of the statements listed in paragraph (6) in a conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package; and ``(B) an area of a rectangle on the side of the package which bears, as appropriate, one or more of the statements listed in paragraph (6) in a conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package. ``(9) The questionnaire required under paragraph (1)(A)(iii) shall consist of the following statement and related questions: `In order to conform [insert name of motion picture], of which you are an ``artistic author'', to ancillary media such as television, airline exhibition, video cassettes, video discs, or any other media, do you object to: `(a) Editing (purposeful or accidental deletion or addition of program material)? Yes____________ No______________ `(b) Time compression/time expansion/lexiconning? Yes____________ No______________ `(c) Panning and scanning? Yes____________ No______________ `(d) Colorization, if the motion picture was originally made in black and white? Yes____________ No______________'.'' SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. HR 1731 IH----2

Film Disclosure Act of 1993 - Amends the Lanham Act to require that any distributor or network that proposes to exploit a materially altered motion picture bear a label which conspicuously discloses the fact of: (1) the film's material alteration from the form in which it was first released to the public; (2) the nature of such alteration; and (3) any objections raised by the artistic authors with reference to such alteration. Delineates the compliance procedure for distributors or networks that propose to exploit a materially altered film. Grants an artistic author the right to seek injunctive relief in U.S. district courts to prevent violation of his or her rights under this Act.

Film Disclosure Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Consumer Protection Act of 2017''. SEC. 2. INTERLINING. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue a final rule requiring an air carrier to seek, in the event of a delay exceeding 3 hours, cancellation, or misconnection as a result of circumstances or an event within an air carrier's control, as determined by the Secretary of Transportation, alternative transportation for displaced passengers, including aboard another air carrier capable of transporting the passenger to his or her originally scheduled destination, and to accept, for a reasonable fee, the passengers of another air carrier who have been displaced by circumstances or an event within that air carriers control, as determined by the Secretary of Transportation, or if the passenger has been involuntarily denied boarding due to a lack of available seats. SEC. 3. GAO STUDY. Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing a review of the following: (1) The commonalities and differences of computer network architecture used by air carriers operating under part 121 of title 14, Code of Federal Regulations. (2) Analysis of operationally critical functions, including consideration of passenger-facing functions such as reservation and notification systems, aircraft dispatch functions and how information regarding such functions and systems is transmitted to outstations, maintenance monitoring and planning systems, and crew scheduling systems. (3) The impact of consolidated systems and software that handle multiple critical functions. (4) The most common causes of airline computer network disruptions. (5) Industry best practices to prevent, and mitigate the impacts of, network disruptions. SEC. 4. COMPUTER NETWORK RESILIENCY. (a) In General.--Any schedule change resulting from a computer network disruption, security breach, or other inoperability, may be considered an event within an air carrier's control as determined by the Secretary of Transportation. (b) Computer Network Resiliency Working Group.--The Secretary of Transportation shall work closely with the airline industry computer network resiliency working group established under section 5 to improve computer networks for air carriers. (c) Final Rule.--Not later than 1 year after the enactment of this Act, the Secretary of Transportation shall publish a final rule that requires an air carrier operating under part 121 of title 14, Code of Federal Regulations, to submit to the Administrator of the Federal Aviation Administration a plan detailing, at a minimum-- (1) the maintenance of computer network systems used to perform functions critical to the normal operation of the carrier; (2) the carrier's plan for restoring full functionality of such systems in the event of a service disruption; (3) the carrier's backup systems; and (4) the level of service and amenities offered to passengers whose flights are delayed or cancelled as a result of a computer network disruption and how the air carrier will comply with the plan requirements of section 6. (d) Plan Details.--Not later than 1 year after the establishment of the airline industry computer network resiliency working group under section 5, the contingency plan referred to in subsection (c) shall be submitted to the Administrator of the Federal Aviation Administration. Notwithstanding section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), such plan may not disclose to the public any plan specifics. The air carrier shall make available a general outline of the plan to the public. SEC. 5. AIRLINE INDUSTRY COMPUTER NETWORK RESILIENCY WORKING GROUP. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall establish the airline industry computer network resiliency working group (referred to in this section as ``the working group'') to serve as subject matter experts to the Secretary to foster collaboration and facilitate improvements in the resilience of computer networks used by air carriers in carrying out functions critical to the maintenance of regularly scheduled air transportation service, and in the recovery of operations in the event of network disruptions. (b) Objectives.--Objectives of the working group shall include efforts-- (1) to promote communication and coordination regarding computer network architecture across the airline industry; (2) to promote engagement between industry and government stakeholders regarding the development of guidelines and best practices; (3) to review past disruptions and lessons learned; and (4) to serve as the liaison between industry and government representatives on research and development and emerging technologies that enhance computer network resiliency. (c) Membership.--Membership on the working group shall include representatives who have responsibility for computer networks and their maintenance, including-- (1) at a minimum, Government representatives of the Federal Aviation Administration and the Department of Homeland Security; and (2) voluntary participation of representatives from the airline industry and their contractors and suppliers. (d) Meetings.--The working group shall meet not less than twice each year and may convene for additional meetings as needed. The group shall meet for a period of not less than 2 years. (e) Report.--The working group shall submit a report to the Secretary of Transportation that establishes voluntary guidelines for the resiliency of airline computer networks that handle operationally critical functions, best practices, and the conditions under which the working group may need to periodically meet or reconvene. SEC. 6. IMPROVED ACCOMMODATION OF DISPLACED PASSENGERS. Not later than 1 year after the enactment of this Act, the Secretary of Transportation shall modify part 259 of title 14, Code of Federal Regulations to include the following: (1) Adoption of plan.--Each covered carrier shall adopt a contingency plan for lengthy terminal delays for its scheduled flights at each large hub airport, medium hub airport, small hub airport and non-hub airport in the United States at which it operates or markets such air transportation service and shall adhere to its plan's terms. (2) Contents of plan.--Each contingency plan for any delay, cancellation, or misconnection, affecting a passenger who has been involuntarily denied boarding as a result of circumstances or an event within an air carrier's control, as determined by the Administration of the Federal Aviation Administration (except in the case in which the flight crew determines that a passenger poses a danger to the safety of the flight), shall include, at a minimum, the following: (A) Essential needs.--An air carrier shall ensure that essential needs, including food, water, restroom facilities, and assistance in the case of a medical emergency are met. If the only available seating on the carrier's next flight to the passenger's destination is a higher class of service than purchased, the carrier shall transport the passenger on the flight at no additional cost. (B) Meal voucher.--In the case of a delay exceeding 4 hours, the air carrier shall provide a meal voucher or, if at the request of the passenger, cash equivalent to the value of a meal voucher. An air carrier shall not be liable to reimburse the passenger for expenses related to meals if the passenger did not accepted such compensation when offered. (C) Lodging, transportation, and other vouchers.-- (i) In general.--In the case of a delay, cancellation, or misconnection as a result of circumstances or an event within an air carrier's control, as determined by the Secretary of Transportation, of which any portion exceeding 2 hours occurs between the period of time between 10 p.m. and 3 a.m., local time, of the following day, and with no guarantee of reaccommodation aboard another flight to the passenger's destination within the following 2 hours after the initial 2-hour delay, an air carrier shall provide the passenger with lodging, transportation to and from the airport to the place of lodging, and meal expenses. At the request of the passenger, the carrier shall alternatively compensate such passenger with the cash equivalent to the value of the lodging, meals, and transportation, or a voucher of equivalent value for future travel on the carrier. (ii) Lodging unavailable.--If lodging is unavailable, an carrier shall compensate a passenger with the cash equivalent to the value of the lodging, meals, and transportation, or, at the request of the passenger, a voucher of equivalent value for future travel on the carrier. (iii) Proximity to residence.--The provisions of clauses (i) and (ii) shall not apply to a passenger whose permanent residence is 60 miles or less from the airport where such delay, cancellation, or misconnection occurred. (iv) Failure to accept initial compensation.--An air carrier shall not be liable to reimburse the passenger for expenses related to meals if the passenger did not accept such compensation when offered. SEC. 7. AIRCRAFT FLIGHTS WITHOUT FUNCTIONING LAVATORIES. (a) Limitation on Certain Aircraft Flights.--Chapter 417 of title 49, United States Code is amended by adding the following: ``Sec. 41725. Limitation on aircraft flights without functioning lavatories ``Not later than 90 days after the enactment of this Act, the Secretary of Transportation shall issue regulations to ensure that a passenger who has purchased a ticket in scheduled passenger interstate or intrastate air transportation or in an aircraft in nonscheduled passenger interstate or intrastate air transportation, shall not pay any associated fee to select an alternative flight if it is determined before departure that the lavatory is not functioning.''. (b) Clerical Amendment.--The analysis for such chapter is amended by adding at the end of the following: ``41725. Limitation on aircraft flights without functioning lavatories''.

Airline Consumer Protection Act of 2017 This bill directs the Department of Transportation (DOT) to issue a final rule to require an air carrier to: seek, for a delay exceeding three hours, a cancellation, or a misconnection as a result of circumstances within the air carrier's control, alternative transportation for a displaced passenger; and accept, for a reasonable fee, a displaced passenger from another air carrier or a passenger involuntarily denied boarding due to a lack of available seats. The Government Accountability Office shall submit a report that reviews airline computer network functions. Any air carrier schedule change resulting from a computer network disruption, security breach, or other inoperability may be considered an event within a carrier's control. DOT shall: publish a final rule to require an air carrier to submit to the Federal Aviation Administration a plan for restoring full functionality of its computer network systems in the event of a service disruption; establish an airline industry computer network resiliency working group; modify federal regulations to require each air carrier to adopt a contingency plan for any delay, cancellation, or misconnection affecting a passenger; and issue regulations to ensure that a ticketed passenger shall not pay a fee to select an alternative flight if the aircraft's lavatory is not functioning.

Airline Consumer Protection Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Repeal of Obamacare Act''. SEC. 2. FINDINGS. Congress finds the following with respect to the impact of Public Law 111-148 and related provisions of Public Law 111-152 (collectively referred to in this section as ``the law''): (1) President Obama promised the American people that if they liked their current health coverage, they could keep it. But even the Obama Administration admits that tens of millions of Americans are at risk of losing their health care coverage, including as many as 8 in 10 plans offered by small businesses. (2) Despite projected spending of more than two trillion dollars over the next 10 years, cutting Medicare by more than one-half trillion dollars over that period, and increasing taxes by over $800 billion dollars over that period, the law does not lower health care costs. In fact, the law actually makes coverage more expensive for millions of Americans. The average American family already paid a premium increase of approximately $1,200 in the year following passage of the law. The Congressional Budget Office (CBO) predicts that health insurance premiums for individuals buying private health coverage on their own will increase by $2,100 in 2016 compared to what the premiums would have been in 2016 if the law had not passed. (3) The law cuts more than one-half trillion dollars in Medicare and uses the funds to create a new entitlement program rather than to protect and strengthen the Medicare program. Actuaries at the Centers for Medicare & Medicaid Services (CMS) warn that the Medicare cuts contained in the law are so drastic that ``providers might end their participation in the program (possibly jeopardizing access to care for beneficiaries)''. CBO cautioned that the Medicare cuts ``might be difficult to sustain over a long period of time''. According to the CMS actuaries, 7.4 million Medicare beneficiaries who would have been enrolled in a Medicare Advantage plan in 2017 will lose access to their plan because the law cuts $206 billion in payments to Medicare Advantage plans. The Trustees of the Medicare Trust Funds predict that the law will result in a substantial decline in employer-sponsored retiree drug coverage, and 90 percent of seniors will no longer have access to retiree drug coverage by 2016 as a result of the law. (4) The law creates a 15-member, unelected Independent Payment Advisory Board that is empowered to make binding decisions regarding what treatments Medicare will cover and how much Medicare will pay for treatments solely to cut spending, restricting access to health care for seniors. (5) The law and the more than 13,000 pages of related regulations issued before July 11, 2012, are causing great uncertainty, slowing economic growth, and limiting hiring opportunities for the approximately 13 million Americans searching for work. Imposing higher costs on businesses will lead to lower wages, fewer workers, or both. (6) The law imposes 21 new or higher taxes on American families and businesses, including 12 taxes on families making less than $250,000 a year. (7) While President Obama promised that nothing in the law would fund elective abortion, the law expands the role of the Federal Government in funding and facilitating abortion and plans that cover abortion. The law appropriates billions of dollars in new funding without explicitly prohibiting the use of these funds for abortion, and it provides Federal subsidies for health plans covering elective abortions. Moreover, the law effectively forces millions of individuals to personally pay a separate abortion premium in violation of their sincerely held religious, ethical, or moral beliefs. (8) Until enactment of the law, the Federal Government has not sought to impose specific coverage or care requirements that infringe on the rights of conscience of insurers, purchasers of insurance, plan sponsors, beneficiaries, and other stakeholders, such as individual or institutional health care providers. The law creates a new nationwide requirement for health plans to cover ``essential health benefits'' and ``preventive services'', but does not allow stakeholders to opt out of covering items or services to which they have a religious or moral objection, in violation of the Religious Freedom Restoration Act (Public Law 103-141). By creating new barriers to health insurance and causing the loss of existing insurance arrangements, these inflexible mandates jeopardize the ability of institutions and individuals to exercise their rights of conscience and their ability to freely participate in the health insurance and health care marketplace. (9) The law expands Government control over health care, adds trillions of dollars to existing liabilities, drives costs up even further, and too often puts Federal bureaucrats, instead of doctors and patients, in charge of health care decisionmaking. (10) The path to patient-centered care and lower costs for all Americans must begin with a full repeal of the law. SEC. 3. REPEAL OF OBAMACARE. (a) PPACA.--Effective as of the enactment of Public Law 111-148, such Act (other than subsection (d) of section 1899A of the Social Security Act, as added and amended by sections 3403 and 10320 of such Public Law) is repealed, and the provisions of law amended or repealed by such Act (other than such subsection (d)) are restored or revived as if such Act had not been enacted. (b) Health Care-Related Provisions in the Health Care and Education Reconciliation Act of 2010.--Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010 (Public Law 111- 152), title I and subtitle B of title II of such Act are repealed, and the provisions of law amended or repealed by such title or subtitle, respectively, are restored or revived as if such title and subtitle had not been enacted. SEC. 4. BUDGETARY EFFECTS OF THIS ACT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, as long as such statement has been submitted prior to the vote on passage of this Act. Passed the House of Representatives July 11, 2012. Attest: KAREN L. HAAS, Clerk.

Repeal of Obamacare Act - Repeals the Patient Protection and Affordable Care Act, effective as of its enactment. Restores provisions of law amended by such Act. Repeals the health care provisions of the Health Care and Education and Reconciliation Act of 2010, effective as of the Act's enactment. Restores provisions of law amended by the Act's health care provisions.

To repeal the Patient Protection and Affordable Care Act and health care-related provisions in the Health Care and Education Reconciliation Act of 2010.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sikes Act Amendments Act of 2011''. SEC. 2. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES USED FOR THE NATIONAL DEFENSE. (a) Improvements to Act.--The Sikes Act (16 U.S.C. 670 et seq.) is amended as follows: (1) Definitions.--Section 100 (16 U.S.C. 670) is amended-- (A) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (1) the following new paragraphs: ``(2) State.--The term `State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands. ``(3) State-owned national guard installation.--The term `State-owned National Guard installation' means land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32, United States Code, with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense.''. (2) Funding of integrated natural resources management plans.--Section 101 (16 U.S.C. 670a) is amended-- (A) in subsection (a)(1)(B)-- (i) by inserting ``(i)'' before ``To facilitate''; and (ii) by adding at the end the following new clause: ``(ii) The Secretary of a military department may, subject to the availability of appropriations, develop and implement an integrated natural resources management plan for a State-owned National Guard installation. Such a plan shall be developed and implemented in coordination with the chief executive officer of the State in which the State-owned National Guard installation is located. Such a plan is deemed, for purposes of any other provision of law, to be for lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use.''; (B) in subsection (a)(2), by inserting ``or State- owned National Guard installation'' after ``military installation'' both places it appears; (C) in subsection (a)(3)-- (i) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (ii) by inserting ``(A)'' before ``Consistent''; (iii) in subparagraph (A), as designated by clause (ii) of this subparagraph, by inserting ``and State-owned National Guard installations'' after ``military installations'' the first place it appears; (iv) in clause (i) of subparagraph (A), as redesignated by clause (i) of this subparagraph, by striking ``military installations'' and inserting ``such installations''; (v) in clause (ii) of subparagraph (A), as redesignated by clause (i) of this subparagraph, by inserting ``on such installations'' after ``resources''; and (vi) by adding at the end the following subparagraph: ``(B) In the case of a State-owned National Guard installation, such program shall be carried out in coordination with the chief executive officer of the State in which the installation is located.''; (D) in subsection (b), by inserting ``and State- owned National Guard installations'' after ``military installations'' the first place it appears; (E) in subparagraphs (G) and (I) of subsection (b)(1), by striking ``military installation'' each place it appears and inserting ``installation''; and (F) in subsection (b)(3), by inserting ``, in the case of a military installation,'' after ``(3) may''. (3) Cooperative agreements.--Section 103a(a) (16 U.S.C. 670c-1(a)) is amended-- (A) in paragraph (1), by striking ``Department of Defense installations'' and inserting ``military installations and State-owned National Guard installations''; and (B) in paragraph (2), by striking ``Department of Defense installation'' and inserting ``military installation or State-owned National Guard installation''. (b) Section and Subsection Headings.--Such Act is further amended as follows: (1) Section 101 (16 U.S.C. 670a) is amended-- (A) by inserting at the beginning the following: ``SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND REHABILITATION.''; (B) by striking ``Sec. 101.''; (C) in subsection (c), by inserting ``Prohibitions on Sale and Lease of Lands Unless Effects Compatible With Plan.--'' after ``(c)''; (D) in subsection (d), by inserting ``Implementation and Enforcement of Integrated Natural Resources Management Plans.--'' after (d); and (E) in subsection (e)-- (i) by inserting ``Applicability of Other Laws.--'' after ``(e)''; and (ii) by inserting a comma after ``Code''. (2) Section 102 (16 U.S.C. 670b) is amended-- (A) by inserting at the beginning the following: ``SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.''; (B) by striking ``Sec. 102.'' and inserting ``(a) Integrated Natural Resources Management Plan.--''; and (C) by striking ``agency:'' and all that follows through ``possession'' and inserting ``agency. ``(b) Applicability of Other Laws.--Possession''. (3) Section 103a (16 U.S.C. 670c-1) is further amended-- (A) by inserting at the beginning the following: ``SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT ON INSTALLATIONS.''; (B) by striking ``Sec. 103a.''; (C) in subsection (a), by inserting ``Authority of Secretary of Military Department.--'' after ``(a)''; and (D) in subsection (c), by inserting ``Availability of Funds; Agreements Under Other Laws.--'' after ``(c)''. (4) Section 104 (16 U.S.C. 670d) is amended-- (A) by inserting at the beginning the following: ``SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER GENERAL.''; and (B) by striking ``Sec. 104.''. (5) Section 105 (16 U.S.C. 670e) is amended-- (A) by inserting at the beginning the following: ``SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL FOREST LANDS.''; and (B) by striking ``Sec. 105.''. (6) Section 108 (16 U.S.C. 670f) is amended-- (A) by inserting at the beginning the following: ``SEC. 108. APPROPRIATIONS AND EXPENDITURES.''; (B) by striking ``Sec. 108.''; (C) in subsection (a), by inserting ``Expenditures of Collected Funds Under Integrated Natural Resources Management Plans.--'' after ``(a)''; (D) in subsection (b), by inserting ``Authorization of Appropriations to Secretary of Defense.--'' after ``(b)''; (E) in subsection (c), by inserting ``Authorization of Appropriations to Secretary of the Interior.--'' after ``(c)''; and (F) in subsection (d), by inserting ``Use of Other Conservation or Rehabilitation Authorities.--'' after ``(d)''. (7) Section 201 (16 U.S.C. 670g) is amended-- (A) by inserting at the beginning the following: ``SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND REHABILITATION PROGRAMS.''; (B) by striking ``Sec. 201.''; (C) in subsection (a), by inserting ``Programs Required.--'' after ``(a)''; and (D) in subsection (b), by inserting ``Implementation of Programs.--'' after ``(b)''. (8) Section 202 (16 U.S.C. 670h) is amended-- (A) by inserting at the beginning the following: ``SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION AND REHABILITATION PROGRAMS.''; (B) by striking ``Sec. 202.''; (C) in subsection (a), by inserting ``Development of Plans.--'' after ``(a)''; (D) in subsection (b), by inserting ``Consistency With Overall Land Use and Management Plans; Hunting, Trapping, and Fishing.--'' after ``(b)''; (E) in subsection (c), by inserting ``Cooperative Agreements by State Agencies for Implementation of Programs.--'' after ``(c)''; and (F) in subsection (d), by inserting ``State Agency Agreements Not Cooperative Agreements Under Other Provisions.--'' after ``(d)''. (9) Section 203 (16 U.S.C. 670i) is amended-- (A) by inserting at the beginning the following: ``SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS FOR HUNTING, TRAPPING, AND FISHING ON PUBLIC LANDS SUBJECT TO PROGRAMS.''; (B) by striking ``Sec. 203.''; (C) in subsection (a), by inserting ``Agreements To Require Stamps.--'' after ``(a)''; and (D) in subsection (b)-- (i) by inserting ``Conditions for Agreements.--'' after ``(b)''; and (ii) by moving paragraph (3) 2 ems to the right, so that the left-hand margin aligns with that of paragraph (2). (10) Section 204 (16 U.S.C. 670j) is amended-- (A) by inserting at the beginning the following: ``SEC. 204. ENFORCEMENT PROVISIONS.''; (B) by striking ``Sec. 204.''; (C) in subsection (a), by inserting ``Violations and Penalties.--'' after ``(a)''; (D) in subsection (b), by inserting ``Enforcement Powers and Proceedings.--'' after ``(b)''; (E) in subsection (c), by inserting ``Seizure and Forfeiture.--'' after ``(c)''; and (F) in subsection (d), by inserting ``Applicability of Customs Laws.--'' after ``(d)''. (11) Section 205 (16 U.S.C. 670k) is amended-- (A) by inserting at the beginning the following: ``SEC. 205. DEFINITIONS.''; and (B) by striking ``Sec. 205.''. (12) Section 206 (16 U.S.C. 670l) is amended-- (A) by inserting at the beginning the following: ``SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO FOREST SERVICE AND BUREAU OF LAND MANAGEMENT LANDS; AUTHORIZED FEES.''; and (B) by striking ``Sec. 206.''. (13) Section 207 (16 U.S.C. 670m) is amended-- (A) by inserting at the beginning the following: ``SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDICTION REGULATING INDIAN RIGHTS.''; and (B) by striking ``Sec. 207.''. (14) Section 209 (16 U.S.C. 670o) is amended-- (A) by inserting at the beginning the following: ``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.''; (B) by striking ``Sec. 209.''; (C) in subsection (a), by inserting ``Functions and Responsibilities of Secretary of the Interior.--'' after ``(a)''; (D) in subsection (b), by inserting ``Functions and Responsibilities of Secretary of Agriculture.--'' after ``(b)''; (E) in subsection (c), by inserting ``Use of Other Conservation or Rehabilitation Authorities.--'' after ``(c)''; and (F) in subsection (d), by inserting ``Contract Authority.--'' after ``(d)''. (c) Codification of Change of Name.--Section 204(b) of such Act (16 U.S.C. 670j) is amended by striking ``magistrate'' both places it appears and inserting ``magistrate judge''. (d) Repeal of Obsolete Section.--Section 208 of such Act is repealed, and section 209 of such Act (16 U.S.C. 670o) is redesignated as section 208.

Sikes Act Amendments Act of 2011 - Amends the Sikes Act (conservation programs on military installations and facilities) to include under such Act's coverage state-owned facilities used for National Guard training. Authorizes the Secretary of a military department to develop and implement an integrated natural resources management plan for a state-owned National Guard installation.

To amend the Sikes Act to improve the application of that Act to State-owned facilities used for the national defense.

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Department of the Interior Reform and Savings Act of 1993''. TITLE I--IMPROVE THE FEDERAL HELIUM PROGRAM SEC. 101. AMENDMENTS TO HELIUM ACT AMENDMENTS OF 1960. (a) Section 4 of the Helium Act Amendments of 1960 (74 Stat. 920, 50 U.S.C. 167b) is amended to insert after ``lands acquired, leased, or reserved;'' the following: ``reduce costs and increase operational efficiencies, especially in operations that do not produce revenue; establish and adjust fees charged private industry for storage, transmission, and withdrawal of privately-owned helium from Government storage facilities to compensate fully for all costs incurred;''. (b) Section 6 of the Helium Act Amendments of 1960 (74 Stat. 921, 50 U.S.C. 167d) is amended-- (1) by amending subsection (b) to read: ``(b) The Secretary is authorized to sell helium for Federal, medical, scientific, and commercial uses in such quantities and under such terms and conditions as the Secretary determines. Sales shall be made in quantities and a manner to avoid undue disruption of the usual markets of producers, processors, and consumers of helium and to protect the United States against avoidable loss.''; and (2) by amending subsection (c) to read: ``(c) Sales of helium by the Secretary shall be at prices, as established by the Secretary, that are adequate to cover all costs incurred in carrying out the provisions of this Act. Helium shall be sold at prices comparable to helium sold by private industry. An annual review of price comparability shall be made and adjustments shall be made accordingly.''. SEC. 102. LONG-TERM COMPREHENSIVE PLAN. The Secretary of the Interior shall prepare and develop a long- term, comprehensive plan to (1) cancel the outstanding debt owed to the Treasury by the Department of the Interior related to the Federal helium program; and (2) improve Federal helium program operations over a multi-year period. The plan should analyze various options to accomplish (1) and (2) above, with emphasis on ways to minimize adverse impacts on Federal employment, Federal helium purchasers, and U.S. private sector helium markets. The plan, with the Secretary's preferred options, shall be presented to the President within 4 months of enactment of this Act. The President may adopt the plan, in whole or in part, and is authorized to cancel the out-standing debt upon a finding that such debt cancellation is in the national interest. TITLE II--IMPROVE MINERALS MANAGEMENT SERVICE ROYALTY COLLECTION SEC. 201. IMPROVEMENT OF MINERALS MANAGEMENT SERVICE ROYALTY COLLECTION. (a) The Secretary of the Interior shall, by fiscal year 1995, direct the Minerals Management Service, Royalty Management Program, to develop and implement (1) an automated business information system to provide to its auditors a lease history that includes reference, royalty, production, financial, compliance history, pricing and valuation, and other information; (2) the optimum methods to identify and resolve anomalies and to verify that royalties are paid correctly; (3) a more efficient and cost-effective royalty collection process by instituting new compliance and enforcement measures, including assessments and penalties for erroneous reporting and underreporting; and (4) such other actions as may be necessary to reduce royalty underpayment and increase revenue to the U.S. Treasury by an estimated total of $28 million by fiscal year 1999. (b) The Federal Oil and Gas Royalty Management Act of 1982 (Public Law No. 97-451), (30 U.S.C. 1701 et seq.) is amended by adding a new subsection 111(h) as follows: ``penalty assessment for substantial underreporting of royalty'' ``Sec. 111. (h)(1) If there is any underreporting of royalty owned on production from any lease issued or administered by the Secretary for the production of oil, gas, coal, any other mineral, or geothermal steam, from any Federal or Indian lands or the Outer Continental Shelf, for any production month, by any person who is responsible for paying royalty, the Secretary may assess a penalty of 10 percent of the amount of that underreporting. ``(2) If there is a substantial underreporting of royalty owed on production from any lease issued or administered by the Secretary for the production of oil, gas, coal, any other mineral, or geothermal steam, from any Federal or Indian lands or the Outer Continental Shelf, for any production month, by any person who is responsible for paying royalty, the Secretary may access a penalty of 20 percent of the amount of that substantial underreporting. ``(3) For purposes of this section, the term `undereporting' means the difference between the royalty on the value of the production which should have been reported and the royalty on the value of the production which was reported, if the value of the production which should have been reported is greater than the value of the production which was reported. An underreporting constitutes a `substantial underreporting' if such difference exceeds 10 percent of the royalty on the value of the production which should have been reported. ``(4) The Secretary shall not impose the assessment provided in paragraphs (1) or (2) if the person corrects the underreporting before the date the person receives notice from the Secretary that an underreporting may have occurred, or before 90 days after the date of enactment of this section, whichever is later. ``(5) The Secretary shall waive any portion of an assessment provided in paragraphs (1) or (2) attributable to that portion of the underreporting for which the person demonstrates that-- ``(i) the person had written authorization from the Secretary to report royalty on the value of the production on the basis on which it was reported, or ``(ii) the person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported, or ``(iii) the person previously had notified the Secretary, in such manner as the Secretary may by rule prescribe, of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting, or ``(iv) the person meets any other exception which the Secretary may, by rule, establish. ``(6) All penalties collected under this subsection shall be deposited to the same accounts in the Treasury or paid to the same recipients in the same manner as the royalty with respect to which such penalty is paid.''. TITLE III--PHASE OUT THE MINERAL INSTITUTE PROGRAM SEC. 301. PHASE OUT OF MINERAL INSTITUTE PROGRAM. The Secretary of the Interior, beginning in fiscal year 1995, shall take action to phase out the Mining and Mineral Resources Research Institute Act of 1984, Public Law 98-409, as amended (98 Stat. 1536 through 1541 and 102 Stat. 2339 through 2341, 30 U.S.C. 1221 through 1230). There are hereby authorized to be appropriated under the Act the following amounts: fiscal year 1995--$6.5 million; fiscal year 1996--$5 million; fiscal year 1997--$3 million; and fiscal year 1998--$1.5 million. No further appropriations for this Act are authorized after September 30, 1998.

TABLE OF CONTENTS: Title I: Improve the Federal Helium Program Title II: Improve Minerals Management Service Royalty Collection Title III: Phase Out the Mineral Institute Program Department of the Interior Reform and Savings Act of 1993 - Title I: Improve the Federal Helium Program - Amends the Helium Act Amendments of 1960 to authorize the Secretary of the Interior (the Secretary) to: (1) reduce costs and increase operational efficiencies; and (2) set fees charged private industry for storage, transmission, and withdrawal of privately-owned helium from Federal storage facilities to compensate fully for all costs incurred. Directs the Secretary to: (1) make helium sales in a manner that avoids undue disruption of the usual helium market and protects the United States against avoidable loss; (2) sell helium at prices comparable to those set by private industry; and (3) develop a long-term comprehensive plan to cancel the outstanding debt owed to the Treasury related to the Federal helium program, and to improve Federal helium program operations. Title II: Improve Minerals Management Service Royalty Collection - Requires the Secretary to direct the Minerals Management Service, Royalty Management Program, to develop and implement: (1) an automated business information system to provide its auditors a lease history; (2) optimum methods to identify and resolve anomalies and to verify royalty payments; (3) new royalty compliance and enforcement measures; and (4) other actions necessary to reduce royalty underpayment and increase revenues by a specified amount. Amends the Federal Oil and Gas Royalty Management Act of 1982 to authorize the Secretary to assess a penalty of ten percent of the amount of underreported royalty, and 20 percent of the amount of substantially underreported royalty. Title III: Phase Out the Mineral Institute Program - Directs the Secretary to phase out the Mining and Mineral Resources Research Institute Act of 1984 by the end of FY 1998.

Department of the Interior Reform and Savings Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Jamming Prevention Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The most fundamental right accorded to United States citizens by the Constitution is the right to vote, and unimpeded exercise of the right to vote is essential to the functioning of our democracy. (2) Historically, significant efforts have been undertaken to prevent qualified individuals from exercising this right. (3) Poll taxes, property requirements, and literacy tests were once used to restrict voters' access to the polls. Now, efforts like deceptive practices, intimidation, and dirty tricks are used to impede qualified voters' exercise of their right to vote, to prevent voters from making informed decisions as to how to cast that vote, and to prevent candidates, parties, and organizations from engaging in constitutionally protected political speech. (4) In recent elections, there have been allegations of political campaigns and committees using telephone jamming techniques to shut down the communication operations of groups supporting their political opponents. (5) In November 2002, according to the Department of Justice, groups working on behalf of the Republican candidates in New Hampshire conspired to shut down Democratic get-out-the- vote efforts by placing hang-up calls to the phones of the Manchester Democratic Party and the Manchester Professional Firefighters Association, which were providing qualified voters rides to the election polling places. Several people have pled guilty or been convicted in connection with the incident. (6) As a result of the hang-up call effort, the phone lines of the Manchester Democratic Party and the Manchester Professional Firefighters Association were jammed on election day 2002 and qualified voters were unable to access information that would have facilitated their access to polling places. (7) The use of telephones or other communication devices to jam election-related communications should be prohibited in order to protect qualified voters' right to vote. SEC. 3. PROHIBITION ON PREVENTING OR OBSTRUCTING THE BROADCAST OR EXCHANGE OF INFORMATION THROUGH TELECOMMUNICATIONS DEVICES. (a) Prohibition.-- (1) In general.--Subparagraph (C) of section 223(a)(1) of the Communications Act of 1934 (47 U.S.C. 223(a)(1)(C)) is amended by striking ``with the intent to annoy, abuse, threaten, or harass any person at the called number or who receives the communications;'' and inserting ``with the intent to-- ``(i) annoy, abuse, threaten, or harass any person at the called number or who receives the communications; ``(ii) prevent or obstruct the broadcast or exchange of election-related information; or ``(iii) impair or obstruct any other telecommunications device from being used to engage in communications containing election- related information;''. (2) Election-related information.--Subsection (h) of section 223 of the Communications Act of 1934 (47 U.S.C. 223(h)) is amended by adding at the end the following new paragraph: ``(5) The term `election-related information' means information related to-- ``(A) the endorsement, support, promotion of, or opposition to any clearly identified candidate or slate of candidates for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a territory or possession; ``(B) the time, place, or manner for the election of such offices; or ``(C) the facilitation of transport to or from polling places for any such election.''. (b) Private Right of Action.--Section 223 of the Communications Act of 1934 (47 U.S.C. 223) is amended by adding at the end the following new subsection: ``(i) Private Right of Action for Injunctive or Declarative Relief Against Certain Actions.--Any person aggrieved by a violation of subsection (a)(1)(C) may bring a civil action or other proper proceeding for injunctive or declarative relief in any court of competent jurisdiction, including an application in a United States district court.''.

Election Jamming Prevention Act of 2006 - Amends the Communications Act of 1934 to prohibit the use of telecommunications devices to: (1) prevent or obstruct the broadcast or exchange of election-related information; or (2) impair or obstruct any other telecommunications device from being used to engage in communications containing election-related information. Defines "election-related information." Provides a private right of action for injunctive or declarative relief against such violations (including a violation of the existing prohibition on annoying, abusing, threatening, or harassing any person at the called number or who receives the communications).

A bill to amend the Communications Act of 1934 to prohibit the use of telecommunications devices for the purposes of preventing or obstructing the broadcast or exchange of election-related information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Innovation and Coastal Protection Act of 1993''. SEC. 2. PROGRAM AUTHORITY. (a) In General.--Chapter III of the National Flood Insurance Act of 1968 (42 U.S.C. 4101 et seq.) is amended by adding at the end the following new section: ``SEC. 1366. EROSION MITIGATION DEMONSTRATION PROGRAM. ``(a) In General.--The Director shall make grants, with amounts made available from the Coastal Erosion Control Fund established under section 1367, to demonstrate the feasibility of innovative mitigation activities designed to minimize coastal erosion, preserve shorelines, and avoid environmental degradation. ``(b) Eligible Recipients.--The Director may make grants under this section to-- ``(1) any State; and ``(2) any community participating in the national flood insurance program under this title that-- ``(A) has suffered recurring flood damages and claims, as determined by the Director; and ``(B) is in full compliance with the requirements under the national flood insurance program. ``(c) Eligible Activities.-- ``(1) In general.--A grant under this section may be used to develop and test innovative techniques to minimize coastal erosion and preserve shorelines. ``(2) Priority.--In making grants under this section, the Director shall give a priority to eligible recipients that conduct projects to demonstrate the feasibility of techniques that-- ``(A) have application to more than 1 location; ``(B) substantially broaden the applicability of proven erosion control techniques; or ``(C) avoid permanent structural alterations and rely instead on natural designs, including the use of vegetation, or temporary structures, to accomplish their goal. ``(d) Applications.--The Director shall make grants under this section on the basis of a nationwide competition, in accordance with such application forms and procedures as the Director may establish. ``(e) Maximum Amount.--The total amount of any grant under this section may not exceed $500,000 for any project assisted under this section. ``(f) Program Requirements.-- ``(1) Matching requirements.-- ``(A) In general.--Except as provided in subparagraph (C), a grant under this section may not exceed 3 times the amount that the recipient certifies, as the Director shall require, that the recipient will contribute from non-Federal funds to carry out activities assisted with amounts provided under this section. ``(B) Non-federal funds.--For purposes of this subsection, the term `non-Federal funds' includes-- ``(i) State or local agency funds, ``(ii) any salary paid to staff to carry out the activities of the recipient, ``(iii) the value of the time and services contributed by volunteers to carry out such activities (at a rate determined by the Director), and ``(iv) the value of any donated material or building and the value of any lease on a building. ``(C) No match required for evaluation.--No non- Federal contribution is required for the conduct of evaluations under paragraph (2). ``(2) Report.--Not later than 5 years after the receipt of a grant under this section, the recipient of the grant shall transmit to the Director a report that-- ``(A) evaluates the long-term effectiveness of the techniques that were developed under this section; and ``(B) assesses any impact that such techniques have had on adjacent coastal areas. ``(g) Report to Congress.--The Director shall transmit to the Congress an annual report that-- ``(1) summarizes the erosion mitigation techniques developed pursuant to this section; ``(2) describes the status of the Coastal Erosion Control Fund established under section 1367; and ``(3) recommends any legislative or administrative action necessary to further the purpose of this section. ``(h) Authorization.--There are authorized to be appropriated to carry out this section, from the Coastal Erosion Control Fund under section 1367, $12,500,000 for each of the fiscal years 1994 through 1997.''. SEC. 3. ESTABLISHMENT OF COASTAL EROSION CONTROL FUND. Chapter III of the National Flood Insurance Act of 1968 (42 U.S.C. 4101 et seq.), as amended by section 2, is further amended by adding at the end the following new section: ``SEC. 1367. ESTABLISHMENT OF COASTAL EROSION CONTROL FUND. ``(a) In General.--The Director shall establish in the Treasury of the United States a fund to be known as the Coastal Erosion Control Fund (hereafter in this section referred to as the `Fund'), which shall be available, to the extent provided in appropriation Acts, for grants under section 1366. ``(b) Credits.--The Fund shall be credited with any premium surcharges assessed under section 1308(e).''. SEC. 4. INSURANCE PREMIUM MITIGATION SURCHARGE. (a) In General.--Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the following new subsections: ``(e) Notwithstanding any other provision of this title, the Director shall assess, with respect to each contract for flood insurance coverage under this title, an annual mitigation surcharge of $5. The surcharges shall be paid into the Coastal Erosion Control Fund under section 1367, and shall not be subject to any agents' commissions, company expenses allowances, or State or local premium taxes. ``(f) The Director shall not assess any surcharge under subsection (e) if the balance of the Fund exceeds $15,000,000. ``(g) The Director shall transmit to those who paid a surcharge under subsection (e)-- ``(1) an annual report describing the expenditures of the Fund during the preceding fiscal year; and ``(2) any unobligated funds that remain in the Fund at the end of fiscal year 1997.''. (b) Applicability.--The amendment made by subsection (a) shall apply to any contract for flood insurance under the National Flood Insurance Act of 1968 issued or renewed after the date of enactment of this Act. SEC. 5. INSURANCE RATE INCENTIVES FOR EROSION MITIGATION EFFORTS. Chapter III of the National Flood Insurance Act of 1968 (42 U.S.C. 4101 et seq.), as amended by sections 2 and 3, is further amended by adding at the end the following new section: ``SEC. 1368. INSURANCE RATE INCENTIVES FOR EROSION MITIGATION EFFORTS. ``(a) Preferred Erosion Mitigation Measures.--The Director shall evaluate the effectiveness of the erosion mitigation measures funded under section 1366 and shall publish a list of the most effective of such measures in the Federal Register. ``(b) Rate Incentives for Communities.--The Director shall provide incentives in the form of adjustments in the premium rates for flood insurance coverage in areas that the Director determines have implemented erosion mitigation measures contained in the list published pursuant to subsection (a).''.

Local Innovation and Coastal Protection Act of 1993 - Amends the National Flood Insurance Act of 1968 to require the Director of the Federal Emergency Management Agency to make grants ($500,000 maximum with matching fund requirements) from the Coastal Erosion Control Fund (established by this Act) to States and qualifying communities for an erosion mitigation demonstration program. Gives grant priority to projects that: (1) have multiple location applicability; (2) broaden existing erosion control techniques; or (3) rely on natural designs rather than structural alterations. Authorizes appropriations. Establishes in the Treasury the Coastal Erosion Control Fund. Requires the Director to: (1) assess an annual five-dollar flood insurance premium mitigation surcharge to be paid into such Fund, unless the Fund's balance exceeds $15 million; (2) evaluate and publish a list of the most effective erosion mitigation measures; and (3) provide flood insurance rate incentives for erosion mitigation efforts.

Local Innovation and Coastal Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Overtime Reform and Review Act''. SEC. 2. INCREMENTAL INCREASES TO SALARY THRESHOLD. (a) In General.--Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended-- (1) in subsection (a)(1), by inserting ``subsection (k) and'' after ``subject to''; and (2) by adding at the end the following: ``(k) Requirements for Salary Threshold.-- ``(1) In general.--In promulgating regulations for purposes of defining and delimiting the terms defining employees exempt under subsection (a)(1), the Secretary shall require that any employee exempt under such subsection is compensated at a rate that is not less than the applicable salary threshold established under paragraph (2). ``(2) Incremental increases.-- ``(A) Initial threshold.--The Secretary shall establish an applicable salary threshold, beginning on December 1, 2016, that is a rate of compensation equal to $35,984 per year, or $692 per week. ``(B) Subsequent increases.--Notwithstanding subparagraph (A) and subject to paragraph (3), the applicable salary threshold established under subparagraph (A) may be increased to a rate of compensation that is equal to-- ``(i) beginning on December 1, 2018, $39,780 per year or $765 per week; ``(ii) beginning on December 1, 2019, $43,628 per year or $839 per week; ``(iii) beginning on December 1, 2020, $47,476 per year or $913 per week; and ``(iv) beginning on December 1, 2021, any rate of compensation provided by the Secretary in accordance with paragraph (4) and subsection (l). ``(3) Requirements for increases.--With respect to nonprofit organizations (including nonprofit institutions of higher education), Medicare or Medicaid dependent health care providers, and State and local governments, the increases provided in clauses (i), (ii), and (iii) of paragraph (2)(B) shall occur only if-- ``(A) the Comptroller General of the United States conducts and submits the study under section 3 of the Overtime Reform and Review Act in accordance with that section; and ``(B) not later than June 1, 2018, the Comptroller General, in coordination with the Secretary and the Chief Counsel for Advocacy of the Small Business Administration, certifies that the increase in the salary threshold under paragraph (2)(A) from the salary threshold in effect prior to December 1, 2016, has not-- ``(i) resulted in an increased rate of part-time employment; or ``(ii) negatively impacted workplace flexibility, benefit structures, career advancement opportunity, or job growth. ``(4) Salary threshold after december 1, 2021.--Not prior to December 1, 2021, the Secretary may issue a rule through notice and comment rulemaking in accordance with section 553 of title 5, United States Code, to change the rate of compensation for the applicable salary threshold under paragraph (2). ``(5) Rule of construction.--Nothing in this subsection shall require the Secretary to promulgate the regulations described in this subsection in accordance with the formal rulemaking provisions of sections 556 and 557 of title 5, United States Code.''. (b) Definitions.--Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following: ``(z) `Medicare or Medicaid dependent health care provider' means an employer who derives more than 50 percent of its revenue from payments under the Medicare program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), a State plan under the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.), or both.''. (c) Effective Date.--This section, and the amendments made by this section, shall take effect on December 1, 2016. SEC. 3. GAO STUDY. (a) In General.--Not later than March 1, 2018, the Comptroller General of the United States shall conduct, and submit in accordance with subsection (c), a study on the implementation of the salary threshold provided under section 13(k)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(k)(2)(A)). (b) Contents.--The study under this section shall include each of the following: (1) The number of small entities affected by the increase in the salary threshold provided under section 13(k)(2)(A) of the Fair Labor Standards Act of 1938 compared to the salary threshold in effect prior to December 1, 2016. (2) An analysis of the impact of such increase based on regional, State, metropolitan, and nonmetropolitan salary data and cost-of-living differences. (3) The percentile of full-time salaried workers affected by such increase, including disaggregation by-- (A) State; (B) industry subsector; (C) small organizations; (D) small government jurisdictions; (E) nonprofit organizations; (F) institutions of higher education as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); (G) Medicare or Medicaid dependent health care providers, as defined in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203); and (H) small businesses. (4) Management and human resource costs for all employers in implementing such increase. (5) The impact of the increase on lower-wage industries, including by geographic area. (6) All nonfinancial costs associated with the increase, including the impact on employment (including rates of unemployment and part-time employment), workplace flexibility, employee benefit structures, career advancement opportunity, new business formation and termination, and loss of market share to foreign competition. (7) The impact of the increase on the number of individuals in the United States who are ``marginally attached'' or ``discouraged'' as defined by the Bureau of Labor Statistics. (c) Submission.--The study under this section shall be submitted to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives. SEC. 4. ENFORCEMENT OF DEPARTMENT OF LABOR RULE. (a) In General.--Beginning on the date of enactment of this Act, or December 1, 2016, whichever date is earlier-- (1) the rule submitted by the Department of Labor entitled ``Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees'' (81 Fed. Reg. 32391 (May 23, 2016)) shall cease to have any force or effect; (2) the Secretary of Labor shall not enforce such rule based on conduct occurring before or after such date; (3) an employee shall not have any right of action against an employer for the employer's failure to comply with such rule at any time prior to or after such date; and (4) any regulations that were amended by such rule shall be restored and revived as if such rule had never taken effect. (b) Clarification.--Notwithstanding subsection (a), nothing in this Act shall be construed to create a right of action for an employer against an employee for the recoupment of any payments made to the employee prior to the date of enactment of this Act, or December 1, 2016, whichever date is earlier, that were in compliance with the rule described in subsection (a)(1). SEC. 5. FAIR LABOR STANDARDS ACT OF 1938 CLARIFICATION. (a) Sense of the Senate.--It is the sense of the Senate that section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)), including as in effect on the day before the date of enactment of this Act-- (1) requires the Secretary of Labor to issue a new rule through notice and comment rulemaking in accordance with section 553 of title 5, United States Code, for each specific and enumerated change to the salary threshold provided in regulations promulgated under such section 13(a)(1), proposed by the Secretary of Labor; and (2) prohibits any rule that would result in a change to the salary threshold for which a specific and enumerated rate of compensation for the salary threshold was not proposed, including any procedure that automatically updates the salary threshold. (b) FLSA Amendment.--Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213), as amended by section 2, is further amended-- (1) in subsection (a)(1), by inserting ``in accordance with subsection (l)'' after ``regulations of the Secretary''; and (2) by adding at the end the following: ``(l) Requirements for Updating the Salary Threshold.-- ``(1) In general.--For any change to the salary threshold provided in regulations promulgated under subsection (a)(1), the Secretary shall-- ``(A) propose a specific and enumerated rate of compensation required for an employee to be exempt under such subsection; and ``(B) issue a rule through notice and comment rulemaking in accordance with section 553 of title 5, United States Code. ``(2) Prohibition on automatic updates.--In accordance with paragraph (1), the Secretary may not issue any rule that would result in a change to the salary threshold provided in regulations promulgated under subsection (a)(1) based on any procedure that automatically updates the salary threshold without taking each action required under paragraph (1).''.

Overtime Reform and Review Act This bill amends the Fair Labor Standards Act of 1938 (FLSA) with respect to exemptions from minimum wage and maximum hour requirements for executive, administrative, professional and outside sales employees to increase over a five-year period the salary threshold for such exemptions, beginning on December 1, 2016, with a subsequent increase on December 1, 2018, and each December 1 through 2021. The Government Accountability Office shall conduct, and submit to Congress, a study of the implementation of the 2016 initial salary threshold. The rule submitted by the Department of Labor entitled "Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees" shall cease to have any force or effect. This bill amends the FLSA, with respect to requirements for updating the salary threshold, to direct Labor, for any change to the salary threshold, to: (1) propose a specific and enumerated rate of compensation required for an employee to be exempt from minimum wage and maximum hour requirements, and (2) issue a rule through notice and comment rulemaking.

Overtime Reform and Review Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Detainee Basic Medical Care Act of 2008''. SEC. 2. MEDICAL CARE STANDARDS FOR IMMIGRATION DETAINEES OF THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--The Secretary of Homeland Security shall establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in the custody of the Department of Homeland Security. Such procedures shall address all immigration detainee health needs, including primary care, emergency care, chronic care, prenatal care, dental care, eye care, mental health care, medical dietary needs, and other medically necessary specialized care. (b) Medical Screenings and Examinations.--The Secretary's procedures shall be designed to ensure continuity of medical and mental health care services for each immigration detainee upon arrival at a detention facility. At a minimum, such procedures shall be designed to ensure that-- (1) each immigration detainee receives a comprehensive medical and mental health intake screening by a qualified health care professional upon arrival at the facility; (2) each immigration detainee receives a comprehensive medical and mental health examination and assessment by a qualified health care professional not later than 14 days after arrival; (3) each immigration detainee taking prescribed medications prior to detention is allowed to continue taking such medications, on schedule and without interruption, until and unless a qualified health care professional examines the immigration detainee and decides upon an alternative course of treatment; and (4) subject to the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), each immigration detainee with a serious medical or mental health care condition is given priority consideration for release on parole, on bond, or into an alternative to detention program, with periodic reevaluations for such immigration detainees not initially released. (c) Continuity of Care.--The Secretary's procedures shall be designed to ensure continuity of medical and mental health care services for each immigration detainee throughout detention. At a minimum, such procedures shall be designed to ensure that-- (1) immigration detainees are informed of available medical and mental health care services and how to request such services; (2) a prompt response is provided to any request for medical or mental health care; (3) treatment decisions are based solely on professional clinical judgments; (4) prescribed medications and medically necessary treatment are provided to immigration detainees on schedule and without interruption; and (5) the medical and mental health of an immigration detainee is considered prior to any decision to transfer the immigration detainee to another detention facility, and such immigration detainee suffers no interruption in the provision of medical treatment, including the delivery of prescribed medications, during and after such transfer. (d) Medical Records.--The Secretary's procedures shall be designed to ensure the availability of medical records to appropriate personnel. At a minimum, such procedures shall be designed to ensure that-- (1) immediately upon an immigration detainee's transfer from one detention facility to another, the immigration detainee's complete medical records, including any transfer summary, are provided to the receiving facility; (2) within 72 hours of receiving a written request, an immigration detainee's complete medical records are provided to the immigration detainee or any person designated by the immigration detainee; and (3) an immigration detainee shall be provided the appropriate forms where necessary to comply with this subsection and relevant privacy laws. (e) Administrative Appeals Process.--The Secretary's procedures shall include an administrative appeals process for denials of medical or mental health care. At a minimum, such procedures shall be designed to ensure that-- (1) the Secretary responds promptly to any request by an on-site medical provider for authorization to provide medical or mental health care to an immigration detainee; (2) in each case in which the Secretary denies or fails to grant such a request, a written explanation of the reasons for the decision shall be conveyed without delay to the on-site medical provider and the immigration detainee; (3) the on-site medical provider and immigration detainee (or legally appointed advocate) are provided an opportunity to appeal the denial of or failure to grant the requested health care service; and (4) such appeal is resolved in writing within 30 days by an impartial board, which shall include health care professionals in the fields relevant to the request for medical or mental health care, and the written decision is conveyed without delay to the on-site medical provider and the immigration detainee. (f) Discharge Planning.--The Secretary's procedures shall include discharge planning to ensure continuity of care, for a reasonable period of time, upon removal or release for persons with serious medical or mental health conditions. (g) Reporting Requirements.--The Secretary of Homeland Security shall report to the Offices of Inspector General for the Department of Homeland Security and the Department of Justice, within 48 hours, information regarding the death of any immigration detainee in the Secretary's custody. Not later than 60 days after the end of each fiscal year, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives containing detailed information regarding the death of all immigration detainees in the Secretary's custody during the preceding fiscal year. SEC. 3. DEFINITIONS. In this Act-- (1) ``detention facility'' means any Federal, State, or local facility used by the Secretary of Homeland Security to hold immigration detainees for more than 72 hours, regardless of whether use of such facility is subject to a contract or other agreement. (2) ``immigration detainee'' means any person in the custody of the Secretary of Homeland Security under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) at any detention facility.

Detainee Basic Medical Care Act of 2008 - Directs: (1) the Secretary of Homeland Security to establish procedures for the delivery of medical and mental health care to all immigration detainees in Department of Homeland Security (DHS) custody; and (2) that such procedures address all detainee health needs, including primary care, emergency care, chronic care, prenatal care, dental care, eye care, mental health care, medical dietary needs, and other medically necessary specialized care.

To require the Secretary of Homeland Security to establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in custody, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Nutrition Disclosure Act of 2012''. SEC. 2. AMENDING CERTAIN DISCLOSURE REQUIREMENTS FOR RESTAURANTS, SIMILAR RETAIL FOOD ESTABLISHMENTS, AND VENDING MACHINES. Section 403(q)(5)(H) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 343(q)(5)(H)) is amended-- (1) in subclause (ii)-- (A) in item (I)(aa) by striking ``the number of calories contained in the standard menu item, as usually prepared and offered for sale'' and inserting ``the number of calories contained in the whole product, or the number of servings and number of calories per serving, or the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer''; (B) in item (II)(aa), by striking ``the number of calories contained in the standard menu item, as usually prepared and offered for sale'' and inserting ``the number of calories contained in the whole product, or the number of servings and number of calories per serving, or the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer''; and (C) by adding at the end the following flush text: ``In the case of restaurants or similar retail food establishments where the majority of orders are placed by customers who are off- premises at the time such order is placed, the information required to be disclosed under this subclause may be provided by a remote-access menu, such as one available on the internet, instead of an on-premises menu.''; (2) in subclause (iv)-- (A) by striking ``For the purposes of this clause,'', inserting the following (and indenting the text that follows appropriately): ``(I) In general.--For the purposes of this clause,''; (B) by striking ``and other reasonable means'' and inserting ``or other reasonable means''; and (C) by adding at the end the following: ``(II) Reasonable basis defined.-- For purposes of this subclause, with respect to a nutrient disclosure, the term `reasonable basis' means that the nutrient disclosure is within acceptable allowances for variation in nutrient content. Such acceptable allowances shall include allowances for variation in serving size, inadvertent human error in formulation of menu items, and variations in ingredients.''; (3) in subclause (v)-- (A) by inserting ``contained in the whole product, or the number of servings and information per serving, or the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer,'' before ``that come in different flavors, varieties, or combinations,''; (B) by striking ``, through means determined by the Secretary, including ranges, averages, or other methods''; and (C) by adding at the end, after the period, the following: ``A restaurant or similar retail food establishment may determine and disclosure such content by using any of the following methods: ranges, averages, individual labeling of flavors or components; or labeling of one preset standard build. In addition to such methods, the Secretary may allow the use of other methods, to be determined by the Secretary, for which there is a reasonable basis (as such term is used in subclause (iv)).''; and (4) in subclause (xi)-- (A) in the heading, by striking ``Definition'' and inserting ``Definitions''; (B) by striking ``clause, the term `menu''' and inserting the following (and indenting the text that follows appropriately): ``clause: ``(I) Menu; menu board.--The term `menu'''; and (C) by adding at the end the following: ``(II) Preset standard build.--The term `preset standard build' means the finished version of a menu item most commonly ordered by consumers. ``(III) Restaurant or similar retail food establishment.--The term `restaurant or similar retail food establishment' means a retail food establishment that derives more than 50 percent of its total revenue from the sale of food of the type described in subclause (i) or (ii) of clause (A).''.

Common Sense Nutrition Disclosure Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to revise the nutritional information that restaurants and retail food establishments must disclose. Requires the nutrient content disclosure statement on the menu or menu board to include: (1) the number of calories contained in the whole product; (2) the number of servings and number of calories per serving; or (3) the number of calories per the common unit division of the product, such as for a multi-serving item that is typically divided before presentation to the consumer. Permits such information to be provided by a remote-access menu, such as through the internet, for food establishments where the majority of orders are placed by customers who are off-premises at the time the order is placed. Defines “reasonable basis” for a restaurant or similar food establishment’s nutrient content disclosures to mean that the nutrient disclosure is within acceptable allowances for variation in nutrient content, which shall include allowances for variations in serving size, inadvertent human error in formulation of menu items, and variations in ingredients. Sets forth the methods a restaurant or similar food establishment may use to determine nutritional content for disclosure, including ranges, averages, individual labeling of flavors or components, or labeling of one preset standard build. Defines "preset standard build" as the finished version of a menu item most commonly ordered by consumers. Applies the nutritional disclosure requirements to retail food establishments that derive more than 50% of their total revenue from the sale of food.

To amend section 403 of the Federal Food, Drug, and Cosmetic Act to improve and clarify certain disclosure requirements for restaurants, similar retail food establishments, and vending machines.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade and Environment Reporting Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States promotes efforts to prevent harm to the environment generally, including fish, wildlife, endangered species, and other natural resources, and to encourage sustainable development. (2) Free trade agreements and other major trade actions may have significant effects, positive and negative, on environmental resources. (3) Those effects may be within or outside of the territorial jurisdiction of the United States. (4) The interaction between increased liberalized trade and the environment is a complex and little understood issue. (5) Free trade agreements and other major trade actions have traditionally been excluded from any environmental assessment or monitoring requirements. (6) As part of its responsibilities under the Constitution to regulate commerce with foreign nations, the Congress considers legislation to grant negotiating authority to the President for free trade agreements, and legislation to implement those agreements. (7) The Congress and the public should be apprised of the environmental effects of free trade agreements and other major trade actions. (8) The environmental effects of free trade agreements and other major trade actions should be identified and considered by the President before entering into such actions. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Environmental resources.--The term ``environmental resources'' means the environment generally, including fish, wildlife, endangered species, and other natural resources. (2) Free trade agreement.--The term ``free trade agreement'' means an agreement between the United States and another nation or nations-- (A) the purpose of which is to regulate or liberalize trade between the United States and such nation or nations; (B) which has been signed by the President; and (C) which requires implementing legislation. (3) Major trade action.-- (A) Generally.--The term ``major trade action''-- (i) means any trade action which may have effects on an environmental resource; and (ii) includes any free trade agreement. (B) Regulations.--The United States Trade Representative, in consultation with the Administrator of the Environmental Protection Agency, the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, shall issue regulations which describe trade actions which are major trade actions under this paragraph. SEC. 4. CONSULTATION ON MAJOR TRADE ACTIONS; ENVIRONMENTAL ASSESSMENTS OF FREE TRADE AGREEMENTS. (a) Consultation.-- (1) Requirement.--Before entering into negotiations for any free trade agreement or other major trade action, the United States Trade Representative shall consult, in accordance with the procedures established under paragraph (2), with the Congress, appropriate advisory committees established under the Trade Act of 1974, including the Trade and Environment Policy Advisory Committee, Federal agencies, environmental organizations, and other interested persons, for the purpose of-- (A) identifying environmental resources that may be affected by the free trade agreement or other major trade action; and (B) in the case of a negotiation for a free trade agreement, determining the scope of the environmental assessment required under subsection (b). (2) Procedures.--Not later than 90 days after the date of the enactment of this Act, the United States Trade Representative, in consultation with the Council on Environmental Quality and after publication of notice and an opportunity for public comment, shall issue regulations which establish procedures for consultations under this subsection, including a requirement for publication of notice and an opportunity for public comment on the subject matter of the consultations. (b) Environmental Assessments.-- (1) In general.--The United States Trade Representative, in consultation with the Administrator of the Environmental Protection Agency, the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of the Interior, and the Council on Environmental Quality, shall prepare an environmental assessment for each free trade agreement. (2) Contents of assessments.--Each environmental assessment shall include-- (A) identification of the potential effects of the free trade agreement on environmental resources; (B) the environmental resources protection laws of the United States that may be affected by the free trade agreement; (C) measures to supplement the free trade agreement that would minimize adverse effects identified under subparagraph (A); and (D) a detailed summary of the manner in which the results of consultations under subsection (a) with respect to the free trade agreement were taken into consideration in accordance with section 5. (3) Submission to congress.--The United States Trade Representative shall submit to the Congress the environmental assessment prepared for a free trade agreement-- (A) after the free trade agreement is signed by the President; and (B) at least 60 days before the President transmits legislation to implement the free trade agreement to the Congress. (4) Public availability.--The United States Trade Representative shall-- (A) make each environmental assessment under this subsection publicly available on and after the date it is submitted to the Congress under paragraph (3); and (B) publish notice of that availability in the Federal Register. SEC. 5. REQUIREMENT TO CONSIDER ENVIRONMENTAL EFFECTS. The United States Trade Representative shall-- (1) consider the results of all consultations under section 4(a) with respect to a major trade action before formulating any negotiating position for the major trade action; and (2) review each such negotiating position and determine its compatibility with the laws of the United States that protect environmental resources or encourage sustainable development. SEC. 6. MONITORING AND REPORTING. (a) Monitoring.-- (1) Effects on united states.--The Council on Environmental Quality, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, and the United States Trade Representative, shall monitor the effects of major trade actions on environmental resources within the territorial jurisdiction of the United States. (2) Effects on other nations.--The Council on Environmental Quality, in consideration with the officials referred to in paragraph (1) and the Secretary of State, shall cooperate with other nations to monitor and determine, to the extent practicable, the effects of major trade actions on environmental resources outside the territorial jurisdiction of the United States. (3) Report.--The Council on Environmental Quality shall report to the Congress every 3 years on the results of the monitoring required under this section. (b) Obligations Under Section 5.--The United States Trade Representative shall report to the Congress each year on the manner in which he or she has complied with section 5.

Trade and Environment Reporting Act of 1994 - Requires the United States Trade Representative (USTR), at the onset of negotiations for any free trade agreement or other major trade actions, to consult with the Congress, appropriate advisory committees, including the Trade and Environment Policy Advisory Committee, Federal agencies, environmental organizations, and other interested persons, for the purpose of: (1) identifying environmental resources and Federal and State environmental laws that may be affected by such agreements or actions; and (2) determining the scope of a specified environmental assessment in the case of a negotiation for a free trade agreement. (Sec. 4) Directs the USTR to prepare an environmental assessment for each free trade agreement. (Sec. 5) Directs the USTR to: (1) consider the results of such consultations with respect to a major trade action before formulating any negotiating position for such action; and (2) review such negotiating position and determine its compatibility with U.S. laws that protect environmental resources or encourage sustainable development. (Sec. 6) Directs the Council on Environmental Quality: (1) to monitor the effects of major trade actions on environmental resources within the United States; and (2) together with the Secretary of State to cooperate with other nations to monitor and determine the effects of such actions on such resources outside the United States. Requires the Council to report every three years to the Congress on the results of such monitoring.

Trade and Environment Reporting Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2015''. SEC. 2. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND RESEARCH. Title III of the Public Health Service Act is amended by inserting after section 399V-5 of such Act (42 U.S.C. 280g-16) the following: ``SEC. 399V-6. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND RESEARCH. ``(a) In General.--The Secretary, acting through the Administrator of the Agency for Toxic Substances and Disease Registry, shall develop a patient registry to collect data on mesothelioma, including information with respect to the incidence and prevalence of the disease in the United States. ``(b) Uses.--The Secretary shall use the registry under subsection (a)-- ``(1) to enhance and expand infrastructure and activities for tracking the epidemiology of mesothelioma patients; ``(2) to collect, consolidate, and report on health information on patients who have been diagnosed with mesothelioma, including with respect to-- ``(A) treatment outcomes, including patient longevity; and ``(B) the number of patients receiving treatment for mesothelioma disaggregated by hospital; ``(3) to better describe the incidence and prevalence of mesothelioma in the United States; ``(4) to facilitate further research on mesothelioma; ``(5) to examine factors, such as environmental and occupational factors, that may be associated with mesothelioma; ``(6) to better outline key demographic factors (such as age, race or ethnicity, gender, and family history) associated with mesothelioma; and ``(7) to make the information in such registry, other than individually identifiable information, available to the public to facilitate and enhance research on, and prevention and treatment of, mesothelioma. ``(c) Content.--In carrying out this section, the Secretary-- ``(1) shall provide for the collection and storage of information on the incidence and prevalence of mesothelioma in the United States; ``(2) when scientifically possible, shall provide for the collection and storage of other available information on mesothelioma, such as information concerning-- ``(A) demographics and other information associated or possibly associated with mesothelioma, such as age, race, ethnicity, sex, geographic location, and family history; ``(B) risk factors associated or possibly associated with mesothelioma, including genetic and environmental risk factors; and ``(C) diagnosis and progression markers; and ``(3) may provide for the collection and storage of information relevant to analysis on mesothelioma, such as information concerning-- ``(A) the epidemiology of the disease; ``(B) the natural history of the disease; ``(C) the prevention of the disease; ``(D) the detection, management, and treatment approaches for the disease; and ``(E) the development of outcomes measures. ``(d) Consultation.--In carrying out this section, the Secretary shall consult with individuals with appropriate expertise, including non-Federal mesothelioma experts including-- ``(1) epidemiologists with experience in disease surveillance or registries; ``(2) representatives of national voluntary associations that focus on mesothelioma or have demonstrated experience in research, care, or patient service for mesothelioma; ``(3) health information technology experts or other information management specialists; ``(4) clinicians with expertise in mesothelioma; and ``(5) research scientists with experience conducting translational research or utilizing surveillance systems for scientific research purposes. ``(e) Coordination With Other Federal Agencies.--The Secretary shall make information in and analysis derived from the registry under this section available, as appropriate, to Federal departments and agencies, such as the National Institutes of Health, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the Department of Veterans Affairs, and the Department of Defense. ``(f) Public Access.--Subject to subsection (g), the Secretary shall make information in, and analysis derived from, the registry under this section available, as appropriate, to the public, including researchers. ``(g) Privacy.--The Secretary shall ensure that privacy and security protections applicable to the registry under this section are at least as stringent as the privacy and security protections under HIPAA privacy and security law (as defined in section 3009). ``(h) Reports to Congress.-- ``(1) Initial report.--Not later than 18 months after the date of enactment of the Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2015, the Secretary shall submit to the Congress a report that-- ``(A) shall outline-- ``(i) the findings in the mesothelioma patient registry under subsection (a); ``(ii) future plans for expansion or revision of such registry; and ``(iii) the scope of such registry; and ``(B) may include a description of the activities undertaken by the Secretary to establish partnerships with research and patient advocacy communities to expand such registry. ``(2) Subsequent report.--Not later than 4 years after the date of enactment of the Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2015, the Secretary shall submit a report to the Congress concerning the implementation of this section. Such report should include information on-- ``(A) the development and maintenance of the mesothelioma patient registry under subsection (a); ``(B) the type of information collected and stored in the registry; ``(C) the use and availability of such information, including guidelines for such use; and ``(D) the use and coordination of databases that collect or maintain information on mesothelioma.''.

Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2015 This bill amends the Public Health Service Act to direct the Agency for Toxic Substances and Disease Registry to develop a patient registry to collect data on mesothelioma. The Agency shall use the registry to: enhance and expand infrastructure and activities for tracking the epidemiology of mesothelioma patients; collect, consolidate, and report on health information on mesothelioma patients; describe the incidence and prevalence of mesothelioma in the United States; facilitate research on mesothelioma; examine factors that may be associated with mesothelioma; outline key demographic factors associated with mesothelioma; and make information available to the public to facilitate and enhance research on, and the prevention and treatment of, mesothelioma. The Agency: (1) shall provide for the collection and storage of information on the incidence and prevalence of mesothelioma in the United States and information concerning demographics and other information associated with mesothelioma, such as geographic location and family history, risk factors, and diagnosis and progression markers; (2) may provide for the collection and storage of information relevant to analysis on mesothelioma, such as information concerning the epidemiology, natural history, and prevention of the disease, the detection, management, and treatment approaches for the disease, and the development of outcomes measures; and (3) shall make registry information available to federal agencies and the public.

Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Industry Stabilization Act of 2003''. SEC. 2. AMENDMENT OF TITLE 49, 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 a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 49, United States Code. SEC. 3. AVIATION INSURANCE. (a) Authority.--Section 44302(a)(1) is amended by striking ``may'' and inserting ``shall''. (b) Extension of Policies.--Section 44302(f)(1) is amended by striking ``August 31, 2003, and may extend through December 31, 2003,'' and inserting ``December 31, 2007,''. (c) Coverage.--Section 44303 is amended-- (1) in subsection (a) by striking ``In general.--'' and inserting ``In General.--''; and (2) in subsection (b)-- (A) by striking ``during the period beginning on'' and inserting ``on or after''; and (B) by striking ``and ending on December 31, 2003,''. (d) Termination Date.--Section 44310 and the item relating to such section in the analysis for chapter 443 are repealed. SEC. 4. LOAN GUARANTEES AND LINES OF CREDIT FOR AVIATION FUEL COSTS. (a) Extension of Application Period.--Notwithstanding section 1300.16 of title 14, Code of Federal Regulations, or any other provision of law or regulation, applications for Federal credit instruments authorized by section 101 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 230) may be filed for a period of 30 days following the date on which the President authorizes the military to use force against the Republic of Iraq in calendar year 2003, and the Air Transportation Stabilization Board determines that an extraordinary increase in jet fuel prices (as defined in section 11(a)(3)) has occurred. (b) Publication of Notice.--The Board shall publish a notice in the Federal Register announcing that applications may be filed under subsection (a) and another notice when the time for such applications will end. (c) Limitations on Federal Credit Instruments.--A Federal credit instrument issued by the Board in accordance with this section shall-- (1) be for the purpose of allowing an air carrier to secure financial obligations to pay for its aviation fuel purchases for a period of 6 months or the period that begins on the date the Board determines that an extraordinary increase in jet fuel prices has occurred and ends on the date that the Secretary of Transportation determines that the average price for jet fuel in calendar year 2003 is equal to or less than the average price reported by major air carriers for calendar year 2002, whichever period ends sooner; and (2) be for the actual increased aviation fuel cost incurred by the air carrier or a reasonable estimate of such cost over the average price of commercial aviation fuel reported to the Secretary of Transportation by air carriers during calendar year 2002, as determined by the Board. (d) Maximum Amount of Federal Credit Instruments.--The maximum amount of Federal credit instruments that may be issued by the Board in accordance with this section shall be $3,000,000,000. The Board shall establish a formula setting the maximum amount of Federal credit instruments that may be issued to any air carrier based on the percentage of gallons of aviation fuel consumed by that air carrier in proportion to the total gallons of aviation fuel consumed by all air carriers during calendar year 2002. (e) Special Rules.-- (1) Limitation on applicability.--Sections 102(c), 102(d)(1), and 102(d)(2) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 231- 232) shall not apply to Federal credit instruments to be issued in accordance with this section. (2) Inclusion of lines of credit.--For purposes of Federal credit instruments to be issued in accordance with this section, the term ``Federal credit instrument'', as used in section 107(2) of the Air Transportation Safety and System Stabilization Act (115 Stat. 234), includes a line of credit and a guarantee of a line of credit issued by a third party. (3) Treatment of time period.--The 2-year period referred to in section 104(a) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 233) shall be treated with respect to an application filed in accordance with subsection (a) of this section as being the 2- year period beginning on the date of enactment of this Act. (f) Savings Clause.--Nothing in this section shall be construed as affecting an application filed before the date of enactment of this Act for a Federal credit instrument authorized by section 101 of the Air Transportation Safety and Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 230). (g) Major Air Carrier Defined.--In this section, the term ``major air carrier'' has the meaning such term has under section 41720(a) of title 49, United States Code. SEC. 5. AIR MARSHALS. Not later than 90 days after all cockpit doors that are required to be strengthened under section 104(a) of the Aviation and Transportation Security Act (49 U.S.C. 44903 note; 115 Stat. 605-606) are strengthened, the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall consider whether it is necessary to require Federal air marshals to be seated in the first class cabin of an aircraft with strengthened cockpit doors and report to Congress (in classified form if necessary) on the results of such reconsideration. SEC. 6. SCREENING OF MAIL. (a) Improved Screening.--Not later than 30 days after the date of enactment of this Act, the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall undertake, without a decrease in aviation security, such action as may be necessary to improve the screening of mail so that it can be carried on passenger flights of air carriers. (b) Report.--Not later than 120 days after the date of enactment of this Act, the Under Secretary shall transmit to Congress a report on the Transportation Security Administration's pilot program to determine whether canine teams can be used to screen mail before being placed aboard passenger-carrying aircraft. SEC. 7. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND RELATED ACTIVITIES. The Under Secretary for Border and Transportation Security of the Department of Homeland Security, within available resources, shall reimburse air carriers and airports for the following: (1) All screening and related activities that the air carriers or airports perform or are responsible for performing, including-- (A) the screening of catering supplies; (B) checking documents at security checkpoints; (C) screening of passengers; and (D) screening of persons with access to aircraft. (2) The provision of space and facilities used to perform screening functions if such space and facilities have been previously used, or were intended to be used, for revenue- producing purposes. SEC. 8. REIMBURSEMENT OF AIR CARRIERS FOR FORTIFYING COCKPIT DOOR. The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall reimburse air carriers for the cost of fortifying cockpit doors in accordance with section 48301(b) of title 49, United States Code. SEC. 9. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN LOSSES RESULTING FROM WAR WITH IRAQ. (a) In General.--The Secretary of Transportation shall reimburse an air carrier for any financial losses that the Secretary determines are attributable to the loss of air traffic resulting from the use of force against the Republic of Iraq in calendar year 2003. (b) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 10. AIRLIFT SERVICES. Section 41106 is amended by adding at the end the following: ``(e) Compensation of Contractors.--An airlift services contract entered into by the Secretary of Defense and an air carrier described in subsection (a) shall ensure that the air carrier is compensated for the positioning, de-positioning, and other ferry portions of missions performed under the contract.''. SEC. 11. STRATEGIC PETROLEUM RESERVE. (a) Requirement.-- (1) Drawdown.--Notwithstanding any other provision of law, if the President authorizes the military to use force against the Republic of Iraq in calendar year 2003, the Secretary of Energy shall drawdown and distribute petroleum from the Strategic Petroleum Reserve in quantities of not less than 500,000 barrels per day, to the extent necessary to remedy a dislocation in the jet fuel market or an extraordinary increase in the price of jet fuel. (2) Dislocation in jet fuel market.--For purposes of paragraph (1), a dislocation in the jet fuel market occurs when the inventories of United States domestic jet fuel (as reported by the Department of Energy) decrease by more than 25 percent over the previous 3-year rolling average. (3) Extraordinary price increase.-- (A) In general.--For purposes of paragraph (1) and section 4, an extraordinary increase in the price of jet fuel occurs when the quotient exceeds by 50 percent the average price for jet fuel reported to the Secretary of Transportation by air carriers for 2002. (B) Calculation of quotient.--For purposes of subparagraph (A), the quotient is calculated by dividing by 2 the sum of the Gulf Coast and New York Harbor 5-day spot average prices of jet fuel. (b) Cessation.-- The Secretary of Energy may cease any drawdown under subsection (a) if the Secretary determines that-- (1) there no longer is any dislocation in the jet fuel market; or (2) in the case of a drawdown resulting from an extraordinary increase in the price of jet fuel, the quotient calculated under subsection (a)(3) no longer exceeds by 50 percent the average price for jet fuel reported to the Secretary of Transportation by air carriers for 2002. SEC. 12. CARGO CARRIED ABOARD PASSENGER-CARRYING AIRCRAFT. (a) Establishment of Working Group.--The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall establish an air cargo security working group with industry experts from the Transportation Security Administration, passenger airlines, indirect air carriers, shippers, small businesses, and other related groups to develop recommendations on the enhancement of the current known shipper program. (b) Duties of Working Group.--The working group shall analyze the effectiveness of the current known shipper program, develop recommended enhancements, and present its findings and recommendations to the Under Secretary. In developing its recommendations, the working group shall take into consideration the extraordinary air transportation needs of small or isolated communities and unique operational aspects of carriers that serve such communities. SEC. 13. FACTORS CONTRIBUTING TO AIR CARRIER FINANCIAL DIFFICULTIES. (a) Analysis.--The Comptroller General shall analyze the factors contributing to the financial difficulties of air carriers for the purpose of determining possible approaches to alleviate such difficulties. (b) Report.--Not later than 90 days after the date of enactment of this Act, the Comptroller General shall transmit to Congress a report on the results of the analysis, together with recommendations.

Aviation Industry Stabilization Act of 2003 - Amends Federal transportation law to change from discretionary to mandatory the authority of the Secretary of Transportation to provide insurance and reinsurance against loss or damage arising out of any risk from the operation of an American aircraft or foreign-flag aircraft.Grants the Secretary authority to extend through calendar year 2007 the termination date of any insurance policy issued to an air carrier.Makes permanent the Secretary's authority to declare an air carrier a victim of terrorism not liable for third party claims arising out of acts of terrorism.Extends the period for an air carrier to apply for a loan guarantee or line of credit to pay for its aviation fuel costs or increases in aviation fuel costs under the Air Transportation Safety and System Stabilization Act.Requires the Under Secretary for Border and Transportation Security, after all cockpit doors are strengthened, to consider and report to Congress on whether it is necessary to require Federal air marshals to be seated in the first class cabin of an aircraft with strengthened cockpit doors.Requires the Under Secretary to: (1) undertake action necessary to improve the screening of mail so that it can be carried on passenger flights; and (2) reimburse air carriers for certain screening and related activities as well as the cost of fortifying cockpit doors, and for any financial losses attributed to the loss of air traffic resulting from the use of force against Iraq in calendar year 2003.Requires that an airlift services contract entered into by the Secretary of Defense and an air carrier provide for the air carrier to be compensated for the positioning, repositioning, and other ferry portions of missions performed under the contract.Requires the Secretary of Energy, if the use of force against Iraq is authorized in calendar year 2003, to drawdown and distribute petroleum from the Strategic Petroleum Reserve to the extent necessary to remedy a dislocation in the jet fuel market or an extraordinary increase in the price of jet fuel.Establishes an air cargo security working group composed of various groups to develop recommendations on the enhancement of the current known shipper program.Directs the Comptroller General to analyze factors contributing to the financial difficulties of air carriers to determine possible approaches to alleviate such difficulties.

To amend title 49, United States Code, to provide relief to the airline industry, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Change Drinking Water Adaptation Research Act.''. SEC. 2. FINDINGS. Congress finds that-- (1) the consensus among climate scientists is overwhelming that climate change is occurring more rapidly than can be attributed to natural causes, and that significant impacts to the water supply are already occurring; (2) among the first and most critical of those impacts will be change to patterns of precipitation around the world, which will affect water availability for the most basic drinking water and domestic water needs of populations in many areas of the United States; (3) drinking water utilities throughout the United States, as well as those in Europe, Australia, and Asia, are concerned that extended changes in precipitation will lead to extended droughts; (4) supplying water is highly energy-intensive and will become more so as climate change forces more utilities to turn to alternative supplies; (5) energy production consumes a significant percentage of the fresh water resources of the United States; (6) since 2003, the drinking water industry of the United States has sponsored, through a nonprofit water research foundation, various studies to assess the impacts of climate change on drinking water supplies; (7) those studies demonstrate the need for a comprehensive program of research into the full range of impacts on drinking water utilities, including impacts on water supplies, facilities, and customers; (8) that nonprofit water research foundation is also coordinating internationally with other drinking water utilities on shared research projects and has hosted international workshops with counterpart European and Asian water research organizations to develop a unified research agenda for applied research on adaptive strategies to address climate change impacts; (9) research data in existence as of the date of enactment of this Act-- (A) summarize the best available scientific evidence on climate change; (B) identify the implications of climate change for the water cycle and the availability and quality of water resources; and (C) provide general guidance on planning and adaptation strategies for water utilities; and (10) given uncertainties about specific climate changes in particular areas, drinking water utilities need to prepare for a wider range of likely possibilities in managing and delivery of water. SEC. 3. RESEARCH ON THE EFFECTS OF CLIMATE CHANGE ON DRINKING WATER UTILITIES. (a) In General.--The Administrator of the Environmental Protection Agency, in cooperation with the Secretary of Commerce, the Secretary of Energy, and the Secretary of the Interior, shall establish and provide funding for a program of directed and applied research, to be conducted through a nonprofit water research foundation and sponsored by drinking water utilities, to assist suppliers of drinking water in adapting to the effects of climate change. (b) Research Areas.--The research conducted in accordance with subsection (a) shall include research into-- (1) water quality impacts and solutions, including research-- (A) to address probable impacts on raw water quality resulting from-- (i) erosion and turbidity from extreme precipitation events; (ii) watershed vegetation changes; and (iii) increasing ranges of pathogens, algae, and nuisance organisms resulting from warmer temperatures; and (B) on mitigating increasing damage to watersheds and water quality by evaluating extreme events, such as wildfires and hurricanes, to learn and develop management approaches to mitigate-- (i) permanent watershed damage; (ii) quality and yield impacts on source waters; and (iii) increased costs of water treatment; (2) impacts on groundwater supplies from carbon sequestration, including research to evaluate potential water quality consequences of carbon sequestration in various regional aquifers, soil conditions, and mineral deposits; (3) water quantity impacts and solutions, including research-- (A) to evaluate climate change impacts on water resources throughout hydrological basins of the United States; (B) to improve the accuracy and resolution of climate change models at a regional level; (C) to identify and explore options for increasing conjunctive use of aboveground and underground storage of water; and (D) to optimize operation of existing and new reservoirs in diminished and erratic periods of precipitation and runoff; (4) infrastructure impacts and solutions for water treatment facilities and underground pipelines, including research-- (A) to evaluate and mitigate the impacts of sea level rise on-- (i) near-shore facilities; (ii) soil drying and subsidence; and (iii) reduced flows in water and wastewater pipelines; and (B) on ways of increasing the resilience of existing infrastructure and development of new design standards for future infrastructure; (5) desalination, water reuse, and alternative supply technologies, including research-- (A) to improve and optimize existing membrane technologies, and to identify and develop breakthrough technologies, to enable the use of seawater, brackish groundwater, treated wastewater, and other impaired sources; (B) into new sources of water through more cost- effective water treatment practices in recycling and desalination; and (C) to improve technologies for use in-- (i) managing and minimizing the volume of desalination and reuse concentrate streams; and (ii) minimizing the environmental impacts of seawater intake at desalination facilities; (6) energy efficiency and greenhouse gas minimization, including research-- (A) on optimizing the energy efficiency of water supply and improving water efficiency in energy production; and (B) to identify and develop renewable, carbon- neutral energy options for the water supply industry; (7) regional and hydrological basin cooperative water management solutions, including research into-- (A) institutional mechanisms for greater regional cooperation and use of water exchanges, banking, and transfers; and (B) the economic benefits of sharing risks of shortage across wider areas; (8) utility management, decision support systems, and water management models, including research-- (A) into improved decision support systems and modeling tools for use by water utility managers to assist with increased water supply uncertainty and adaptation strategies posed by climate change; (B) to provide financial tools, including new rate structures, to manage financial resources and investments, because increased conservation practices may diminish revenue and increase investments in infrastructure; and (C) to develop improved systems and models for use in evaluating-- (i) successful alternative methods for conservation and demand management; and (ii) climate change impacts on groundwater resources; (9) reducing greenhouse gas emissions and energy demand management, including research to improve energy efficiency in water collection, production, transmission, treatment, distribution, and disposal to provide more sustainability and means to assist drinking water utilities in reducing the production of greenhouse gas emissions in the collection, production, transmission, treatment, distribution, and disposal of drinking water; (10) water conservation and demand management, including research-- (A) to develop strategic approaches to water demand management that offer the lowest-cost, noninfrastructural options to serve growing populations or manage declining supplies, primarily through-- (i) efficiencies in water use and reallocation of the saved water; (ii) demand management tools; (iii) economic incentives; and (iv) water-saving technologies; and (B) into efficiencies in water management through integrated water resource management that incorporates-- (i) supply-side and demand-side processes; (ii) continuous adaptive management; and (iii) the inclusion of stakeholders in decisionmaking processes; and (11) communications, education, and public acceptance, including research-- (A) into improved strategies and approaches for communicating with customers, decisionmakers, and other stakeholders about the implications of climate change on water supply; and (B) to develop effective communication approaches to gain-- (i) public acceptance of alternative water supplies and new policies and practices, including conservation and demand management; and (ii) public recognition and acceptance of increased costs. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2009 through 2019.

Climate Change Drinking Water Adaptation Research Act - Requires the Administrator of the Environmental Protection Agency (EPA) to establish and provide funding for a program of directed and applied research, to be conducted through a nonprofit water research foundation and sponsored by drinking water utilities, to assist suppliers of drinking water in adapting to the effects of climate change. Requires research areas to include: (1) water quality and quantity impacts and solutions; (2) impacts on groundwater supplies from carbon sequestration; (3) infrastructure impacts and solutions; (4) desalination, water reuse, and alternative supply technologies; (5) energy efficiency and greenhouse gas minimization; (6) regional and hydrological basin cooperative water management solutions; (7) utilities management, decision support systems, and water management models; (8) greenhouse gas emissions reduction and energy demand management; (9) water conservation and demand management; and (10) communications, education, and public acceptance.

To enhance the ability of drinking water utilities in the United States to develop and implement climate change adaptation programs and policies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hope Offered through Principled, Ethically-Sound Stem Cell Research Act'' or the ``HOPE Act''. SEC. 2. PURPOSES. It is the purpose of this Act to-- (1) intensify research that may result in improved understanding of or treatments for diseases and other adverse health conditions; and (2) promote the derivation of pluripotent stem cell lines without the creation of human embryos for research purposes or discarding, destroying, or knowingly harming a human embryo. SEC. 3. DEFINITIONS. In this Act: (1) Altered nuclear transfer.--The term ``altered nuclear transfer'' means a method for obtaining pluripotent stem cells using a modified form of somatic cell nuclear transfer to produce a biological artifact. (2) Biological artifact.--The term ``biological artifact'' means an artificially created non-embryonic cellular system, engineered to lack the essential elements of embryogenesis but still capable of some cell division and growth. (3) Direct reprogramming of adult cells.--The term ``direct reprogramming of adult cells'' means a procedure whereby differentiated, somatic cells are restored to a more undifferentiated, multipotent condition. Such process is also known as ``dedifferentiation''. (4) Embryo adoption.--The term ``embryo adoption'' means the occurrence of a woman receiving into her uterus a human embryo or embryos to which neither she nor her partner has contributed a gamete for the purpose of child bearing. (5) Embryonic stem cells.--The term ``embryonic stem cells'' means primitive cells derived from the inner cell mass of the human embryo or embryos, that have the potential to become a wide variety of specialized cell types. (6) Human embryo or embryos.--The term ``human embryo or embryos'' includes any organism, not protected as a human subject under part 46 of title 45, Code of Federal Regulations, as of the date of enactment of this section, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. (7) In vitro fertilization.--The term ``in vitro fertilization'' means the union of an egg and sperm, where the event takes place outside the body and in an artificial environment. (8) Oocyte.--The term ``oocyte'' means an unfertilized human egg cell. (9) Organismically dead embryo.--The term ``organismically dead embryo'' means the irreversible loss of the capacity of continued and integrated cellular division, growth and differentiation. (10) Pluripotent cell.--The term ``pluipotent cell'' means a cell that can produce all the cell types of the developing body. Embryonic stem cells, as well as the inner cell mass cells of the blastocyst, are pluripotent cells. (11) Pluripotent stem cells.--The term ``pluripotent stem cells'' means precursor cells that are capable both of perpetuating themselves as stem cells and of producing all or almost all the cell types of the developing body, and that have functional capacity (stable pluripotency) as an embryonic stem cell, though not necessarily the same origin. (12) Review board.--The term ``Review Board'' means the National Stem Cell Review Board established under section 5. (13) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (14) Stem cell line.--The term ``stem cell line'' means stem cells which have been cultured under in vitro conditions that allow proliferation without differentiation from months to years. SEC. 4. PROVISION OF FEDERAL FUNDING. (a) Basic and Applied Research.-- (1) In general.--The Secretary shall conduct and support basic and applied research to develop techniques for the isolation, derivation, production, or testing of pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not they have an embryonic source), and may result in improved understanding of or treatments for diseases and other adverse health conditions, provided that such isolation, derivation, production, or testing will not involve-- (A) the creation of a human embryo or embryos for research purposes; or (B) the destruction or discarding of a human embryo or embryos, or knowingly subjecting a human embryo or embryos to risk of injury or death greater than that allowed for research on fetuses in utero under section 498(b) of this Act and section 46.204(b) of title 45, Code of Federal Regulations. (2) Inclusions.--Research under paragraph (1) may include-- (A) Methods that use-- (i) cells derived from altered nuclear transfer; or (ii) cells derived from organismically dead embryos; and (B) the investigation of evidence for pluripotent potential in adult stem cells from various sources; or (C) the direct reprogramming of adult cells, the derivation of stem cells from human germ cells, and other methods that do not harm or destroy a human embryo or embryos and that are certified by the Review Board. (b) Limitations.--If any research described in subsection (a) is determined by the Secretary to create an embryo or embryos for research purposes, or harm or destroy a human embryo or embryos, such research shall immediately be terminated until such determination is reviewed and resolved to the satisfaction of the Review Board. (c) Guidelines.--Not later than 90 days after the date of the enactment of this section, the Secretary, after consultation with the Director, shall issue final guidelines that-- (1) provide guidance concerning the next steps required for additional research, which shall include a determination of the extent to which specific techniques may require additional basic or animal research to ensure that any research involving human cells using these techniques would clearly be consistent with subsection (a); (2) prioritize research with the greatest potential for near-term clinical benefit; and (3) consistent with subsection (a), take into account techniques outlined by the President's Council on Bioethics and any other appropriate techniques and research. (d) Reporting Requirements.--Not later than January 1 of each year, the Secretary shall prepare and submit to the appropriate committees of the Congress a report describing the activities carried out under this section during the fiscal year, including a description of the research conducted under this section. (e) Rule of Construction.--Nothing in this section shall be construed as altering the policy in effect on the date of enactment of this section regarding the eligibility of stem cell lines for funding by the National Institutes of Health. SEC. 5. NATIONAL STEM CELL RESEARCH REVIEW BOARD. (a) In General.--There shall be established within the Department of Health and Human Services a board to be known as the ``National Stem Cell Research Review Board'' which shall be responsible for-- (1) monitoring research to ensure that it is in compliance with the principles of this Act; (2) prioritizing research with the greatest potential for near term benefits; (3) ensuring fair consideration of both embryonic stem cell and adult stem cell research for funding; and (4) completing their duties under this section in a timely matter to promote rather than hinder appropriate research. (b) Composition.-- (1) In general.--The Review Board shall be composed of 11 individuals, to be appointed by the Secretary. (2) Requirements.--The members appointed under paragraph (1) shall include-- (A) scientists or physicians with relevant expertise (including areas of assisted reproduction, developmental biology, and clinical medicine), including scientists that are not directly engaged in the research considered by the Board; (B) ethicists or professionals from other disciplines with a specialized ability to interpret the moral justifications and implications of the research considered by the Board; (C) members or advisors familiar with relevant national legal statutes governing the research considered by the Board; and (D) community members, unaffiliated with the institutions involved through employment or other remunerative relationships, who are objective and reasonably familiar with the views and needs of research subjects, patients and patient communities who could be benefitted or harmed by stem cell research, and community standards. (3) Terms of office.-- (A) In general.--The term of office of a member of a the Review Board appointed under paragraph (1) shall be 4 years, except that any member appointed to fill a vacancy for an unexpired term shall serve for the remainder of such term. The Secretary shall ensure that appointments are made to the Board in such a manner as to ensure that the terms of the members not all expire in the same year and that not all members' terms concur with the 4-year Presidential term. A member of the Board may serve after the expiration of such member's term until a successor has been appointed and taken office. (B) Time for appointment.--If a vacancy occurs among the members of the Review Board, the Secretary shall ensure that an appointment to fill such vacancy occurs within 90 days from the date the vacancy occurs. (c) Limitation.--The Review Board shall not be responsible for dispersing funds. The Board shall ensure that funds which are to be provided by the Federal Government are being used appropriately and under the provisions of this Act. (d) Additional Administrative Provisions.-- (1) Compensation.--Members of the Review Board who are officers or employees of the United States shall not receive any compensation for service on the Board. The remaining members of the Board shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent to the annual rate in effect for grade GS-15 of the General Schedule. (2) Executive secretary and staff.--The Review Board may appoint an individual to serve as the Executive Secretary of the Board. The Secretary shall make available to the Board such staff, information, and other assistance as it may require to carry out its functions. SEC. 6. INFORMED CONSENT PROVISIONS. (a) Purpose.--It is the purpose of this section to ensure that individuals are empowered to make voluntary and informed decisions regarding the use of human embryo or embryos created using their biological materials or their oocytes. (b) Timing of Consent.--Consent from an individual for the donation of materials for research described in this Act shall be obtained from such individual, in writing, at the time of the proposed transfer of the donated materials from the storage site to the research team. (c) Provision of Information to Donors.--At the time that the consent described in subsection (b) is given, the donor shall be informed, verbally and in writing, that the donor retains the right to withdraw such consent until such time as the donated materials involved are actually utilized in research. SEC. 7. PRIVACY. Provisions protecting individually identifiable information under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note) shall apply to donors under this Act. SEC. 8. PROHIBITION ON PROFITEERING FROM COMMERCE IN EMBRYOS, HUMAN OVUMS, OR EMBRYONIC STEM CELL LINES. (a) No Valuable Consideration.--Section 301 of the National Organ Transplant Act (42 U.S.C. 274e) is amended-- (1) in subsection (a), by inserting ``, human ovum, human blastocyst, human embryo, or stem cell derived from a human embryo'' after ``any human organ''; and (2) in subsection (c)(2)-- (A) by striking ``human organ'' each place the term appears and inserting ``human organ, human ovum, human blastocyst, human embryo, or stem cell derived from a human embryo''; and (B) by inserting ``, ovum, blastocyst, embryo, or stem cell'' after ``the organ''. (b) No Profits From Therapies That Destroy Human Embryos.--Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by adding at the end the following: ``SEC. 498D. REQUIREMENTS FOR RESEARCH INVOLVING HUMAN EMBRYOS. ``(a) Ensuring Access to Affordable Treatments.-- ``(1) In general.--It shall be unlawful for any person to knowingly receive any valuable consideration for any therapy that-- ``(A) affects interstate commerce or is funded, in full or in part, by Federal assistance; and ``(B) utilizes cells from a human embryo, if the process of deriving such cells destroyed the embryo. ``(2) Definition of valuable consideration.--In this subsection, the term `valuable consideration' does not include the reasonable production and administrative costs associated with developing a therapy described in paragraph (1).''. SEC. 9. FUNDING FOR STEM CELL RESEARCH. (a) In General.--There is authorized to be appropriated to carry out this Act, $5,000,000,000 for the period beginning with fiscal year 2008 and ending with fiscal year 2017. (b) Distribution of Funds.-- (1) In general.--Not less than 90 percent of the amount appropriated in each fiscal year under subsection (a) shall be allocated by the Secretary for the research and administrative costs described in this Act. (2) Remainder.--Not more than 10 percent of the amount appropriated in each fiscal year under subsection (a) shall be allocated by the Secretary for-- (A) the Federal promotion of human embryo or embryos adoption from in vitro fertilization clinics; (B) research towards prevention and medical treatment of genetic conditions consistent with this Act that do not involve harming or destroying human embryos in order to promote the health of the population; and (C) research to advance the understanding of clinical techniques to minimize the creation of human embryo or embryos that remain unimplanted after clinical in vitro fertilization treatments.

Hope Offered through Principled, Ethically-Sound Stem Cell Research Act or the HOPE Act - Requires the Secretary of Health and Human Services to conduct and support research to develop techniques for the isolation, derivation, production, or testing of pluripotent stem cells that have the flexibility of embryonic stem cells and that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, provided that such techniques do not involve: (1) the creation of a viable human embryo for research purposes; (2) the destruction or discarding of a human embryo; or (3) knowingly subjecting a human embryo to risk of injury or death greater than that allowed on fetuses in utero. Establishes the National Stem Cell Research Review Board to: (1) monitor research to ensure that it is in compliance with this Act; (2) prioritize research with the greatest potential for near term benefits; and (3) ensure fair consideration of both embryonic and adult stem cell research for funding. Sets forth consent requirements for the donation of materials for research. Applies federal provisions protecting individually identifiable health information to donors. Amends the National Organ Transplant Act to prohibit the transfer of any human ovum, human blastocyst, human embryo, or stem cell derived from a human embryo for valuable consideration. Amends the Public Health Service Act to prohibit any person from knowingly receiving any valuable consideration for any therapy that: (1) affects interstate commerce or is funded by federal assistance; and (2) utilizes cells from a human embryo if the process of deriving such cells destroyed the embryo.

A bill to provide increased Federal funding for stem cell research, to expand the number of embryonic stem cell lines available for Federally funded research, to provide ethical guidelines for stem cell research, to derive human pluripotent stem cell lines using techniques that do not create an embryo or embryos for research or knowingly harm human embryo or embryos, and for other purposes.

SECTION. 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Assistance and Credit Crunch Relief Act of 1993''. (b) Table of Contents.--The following is a table of contents for this Act: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Capital requirement flexibility. Sec. 5. New Federal banking regulations subject to regulatory impact analysis. Sec. 6. Review of statutory and regulatory provisions affecting small banks. Sec. 7. Real estate appraisals. Sec. 8. Truth in Lending Act. Sec. 9. Community Reinvestment Act. Sec. 10. Paperwork reduction study. Sec. 11. Sunset provision. SEC. 2. FINDINGS. The Congress finds that-- (1) credit availability is essential for small businesses to expand, to purchase new equipment, and to hire new workers; (2) the Nation's small business sector is expected to create 70 percent of the new jobs in the United States in 1993; (3) a severe credit crunch is denying small businesses the capital necessary to hire new workers and to grow; and (4) the cumulative burden of unnecessary Federal banking regulations has served as a disincentive for small community banks to lend to small businesses. SEC. 3. DEFINITIONS. For the purposes of this Act, the following definitions shall apply: (1) Incorporated definitions.--The terms ``appropriate Federal banking agency'', ``bank'', ``insured depository institution'', and ``savings association'' have the same meanings as in section 3 of the Federal Deposit Insurance Act. (2) Regulatory impact analysis.--The term ``regulatory impact analysis'' means a review of the potential costs and benefits to society of a proposed regulation, and in particular, the costs to small banks and their customers. (3) Small bank.--The term ``small bank'' means a bank or savings association with total assets of less than $400,000,000. SEC. 4. CAPITAL REQUIREMENT FLEXIBILITY. Section 38(a)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1831o(a)(2)) is amended to read as follows: ``(2) Prompt corrective action required; factors to consider.--Each appropriate Federal banking agency and the Corporation (acting in the Corporation's capacity as the insurer of depository institutions under this Act) shall take prompt corrective action to resolve the problems of an insured depository institution after taking into consideration, in addition to the other criteria described in this section-- ``(A) the management expertise of the directors, officers, and employees of the insured depository institution; ``(B) any recent earnings history that suggests an improvement in the financial condition of the insured depository institution; ``(C) the quality of the assets held by the insured depository institution; and ``(D) the potential disruption to the local economy if the insured depository institution is closed or otherwise made subject to sanctions by Federal regulators.''. SEC. 5. NEW FEDERAL BANKING REGULATIONS SUBJECT TO REGULATORY IMPACT ANALYSIS. (a) Regulatory Impact Analysis.-- (1) In general.--Notwithstanding any other provision of law, no new regulation shall be promulgated by an appropriate Federal banking agency until such agency has conducted a regulatory impact analysis and concluded that the benefits of the proposed regulation outweigh the costs of implementing and complying with the regulation, including the particular benefits and costs of compliance with the proposed regulation for small banks. (2) Definition.--For purposes of this subsection, a regulation shall be considered to be ``new'' if it is promulgated, modified, amended, or reissued on or after the date of enactment of this Act. (b) Costs.--In reviewing the costs of implementing and complying with a proposed regulation under subsection (a), the appropriate Federal banking agency shall consider the impact of the proposed regulation on-- (1) the national economy (including the potential for job creation); (2) consumers; (3) small businesses; (4) small banks (including administrative and personnel costs); (5) other users of financial services; and (6) new paperwork and documentation requirements. (c) Benefits.--In reviewing the benefits of a proposed regulation under subsection (a), the appropriate Federal banking agency shall consider the benefits of the proposed regulation to-- (1) the public; (2) taxpayers; and (3) the overall safety and soundness of the Nation's banking system. (d) Easing Burden on Small Banks.--In conducting the regulatory impact analysis under subsection (a), the appropriate Federal banking agency shall consider including in the proposed regulation a provision that eases the regulatory burden on small banks, including special compliance provisions. (e) Estimate Required.--The regulatory impact analysis required by subsection (a) shall include an estimate of the number of small banks and small businesses that will be affected by the regulation. SEC. 6. REVIEW OF STATUTORY AND REGULATORY PROVISIONS AFFECTING SMALL BANKS. (a) In General.--Each appropriate Federal banking agency shall conduct a thorough review and evaluation of all-- (1) statutory provisions affecting small banks; and (2) regulatory provisions affecting small banks that have been promulgated by such appropriate Federal banking agency. (b) Review.--The review conducted pursuant to subsection (a) shall include-- (1) an analysis of the purposes of the provision; (2) the effectiveness of the provision in achieving such purposes; (3) whether any other provision provides an alternative or duplicative means of achieving those purposes; (4) the cost imposed by compliance with such provisions upon insured depository institutions and consumers; and (5) the relationship between such provision, compliance costs, and the availability of credit in the United States. (c) Suspension.--If an appropriate Federal banking agency makes a determination described in subsection (d), the appropriate Federal banking agency shall-- (1) not later than 90 days after the date of enactment of this Act, submit a written recommendation to the Congress to suspend the applicability of any law that affects small banks (or any portion thereof); and (2) not later than 30 days after the date of enactment of this Act, suspend the applicability of any Federal regulation or guideline promulgated by such appropriate Federal banking agency that affects small banks (or any portion thereof). (d) Determination.--For the purpose of subsection (c), a determination is described in this subsection if it is a determination by an appropriate Federal banking agency that-- (1) the law, regulation, or guideline has already accomplished its goal and is therefore no longer necessary; (2) the law, regulation, or guideline is not as effective in achieving its intended purpose as other available alternatives that would impose lesser costs on small banks, their customers, or the economy; (3) the cost of compliance with the law, regulation, or guideline outweighs the potential benefits sought to be accomplished by the law, regulation, or guideline; or (4) the law, regulation, or guideline has an adverse impact on the availability of credit in the United States which substantially outweighs the benefits sought to be accomplished by the law, regulation, or guideline. (e) Publication and Effective Date.--Any suspension of the applicability of any Federal regulation or guideline pursuant to subsection (c)(2) shall be published in the Federal Register, and shall become effective 30 days after the date of such publication, unless the appropriate Federal banking agency, for good cause, determines that a shorter period is necessary and in the public interest. (f) Consultation and Notification.-- (1) Consultation.--In making a determination under subsection (d), the appropriate Federal banking agency shall consult with the Secretary of the Treasury, the Chairperson of the Federal Deposit Insurance Corporation, the Chairman of the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Director of the Office of Thrift Supervision. (2) Notification.--The appropriate Federal banking agency shall notify the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives prior to suspending the applicability of a regulation or guideline under subsection (c)(2). (g) Restriction.--Nothing in this section authorizes an appropriate Federal banking agency to recommend the suspension of any law, or to suspend any regulation or guideline-- (1) that is necessary for the safe and sound operation of insured depository institutions; or (2) that-- (A) prohibits discrimination in the provision of financial services based on race, sex, national origin, marital status, or age; (B) relates directly to the conduct of monetary policy; or (C) pertains to an enforcement proceeding or supervisory action with respect to a particular institution or party. SEC. 7. REAL ESTATE APPRAISALS. Section 1112(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3341(b)) is amended by inserting ``, which shall be not less than $250,000,'' after ``establish a threshold level''. SEC. 8. TRUTH IN LENDING ACT. Section 104 of the Truth in Lending Act (15 U.S.C. 1603) is amended by adding at the end the following new paragraph: ``(7) Credit transactions involving a bank or savings association with total assets of less than $400,000,000, and a consumer who had individual income of more than $200,000 in each of the 2 most recent years, or who, at the time of the transaction, has an individual net worth of more than $1,000,000.''. SEC. 9. COMMUNITY REINVESTMENT ACT. (a) Paperwork Reduction.--Section 804(a) of the Community Reinvestment Act of 1977 (12 U.S.C. 2903(a)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(3) minimize the regulatory paperwork burden and costs to small banks associated with compliance with this title.''. (b) Applications.--Section 804(a) of the Community Reinvestment Act of 1977 (12 U.S.C. 2903(a)) is amended by adding at the end the following: ``The appropriate Federal financial supervisory agency shall not deny an application for a deposit facility by a regulated financial institution having total assets of less than $400,000,000 on the basis of such institution's compliance with this Act if the institution received a rating on its last evaluation under this section of `Outstanding' in its record of meeting community credit needs, as provided in section 807(b).''. (c) Paperwork Reduction for Small Banks.--The Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.) is amended by adding at the end the following new section: ``SEC. 809. SMALL BANKS. ``(a) `Outstanding' Rating.-- ``(1) Paperwork reduction.--Except as provided in paragraph (2), a regulated financial institution that-- ``(A) receives a rating under section 804 of `Outstanding record of meeting community credit needs', as provided in section 807(b); and ``(B) has total assets of less than $400,000,000; shall be exempt from any documentation requirements of this title. ``(2) New documentation regulations.--Not later than 30 days after the date of enactment of this section, the appropriate Federal financial supervisory agency shall promulgate documentation requirements for the regulated financial institutions described in paragraph (1). Such regulations shall substantially reduce or eliminate the paperwork requirements imposed on such regulated financial institutions. ``(3) Disclosure of evaluation criteria.--Not later than 30 days after the date of enactment of this section, the appropriate Federal financial supervisory agency shall disclose to each regulated financial institution, in detail, the specific criteria an insured financial institution must satisfy in order to secure a rating of `Outstanding' on an evaluation under section 807(b). ``(b) `Substantial Noncompliance' Rating.--A regulated financial institution that receives a rating under section 804 of `Substantial noncompliance in meeting community credit needs', as provided in section 807(b), for 2 or more consecutive years, and has total assets of less than $400,000,000 shall be-- ``(1) subject to a civil penalty assessed by the appropriate Federal financial supervisory agency in an amount not to exceed $20,000; and ``(2) required to enter into a written agreement with the appropriate Federal financial supervisory agency to improve the institution's ability to ascertain and to help meet the credit needs of its local community.''. SEC. 10. PAPERWORK REDUCTION STUDY. Not later than 18 months after the date of enactment of this Act, each appropriate Federal banking agency, in consultation with insured depository institutions and other interested parties, shall-- (1) review the extent to which this Act has-- (A) reduced unnecessary internal written policies; and (B) eliminated such policies, where appropriate, while maintaining the applicable safety and soundness requirements; and (2) issue a recommendation as to whether the provisions of this Act should be extended beyond the sunset date established in section 11. SEC. 11. SUNSET PROVISION. The provisions of this Act and the amendments made by this Act shall remain in effect for a period of 3 years beginning on the date of enactment of this Act.

Small Business Assistance and Credit Crunch Relief Act of 1993 - Amends the Federal Deposit Insurance Act to require each appropriate Federal banking agency and the Federal Deposit Insurance Corporation (FDIC) to take into consideration, in resolving the problems of an insured depository institution, the potential disruption to the local economy if the institution is closed or otherwise subjected to sanctions by Federal regulators. Prohibits such an agency from promulgating any new regulation until it has conducted a regulatory impact analysis and concluded that the regulation's benefits outweigh its costs, including the benefits and costs for small banks (those with total assets of less than $400 million). Directs each agency to conduct a thorough review and evaluation of all: (1) statutory provisions affecting small banks; and (2) regulatory provisions affecting such banks that have been promulgated by such agency. Provides for the suspension of regulations determined to be no longer necessary or ineffective and for the submission to the Congress of a recommendation to suspend the applicability of any Federal law that affects small banks. Requires publication of such suspensions in the Federal Register and appropriate consultation for such determinations. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to raise from $100,000 to $250,000 the threshold for licensed or certified real estate appraisals on small business loans. Amends the Community Reinvestment Act of 1977 to require the minimization of regulatory paperwork burden and costs of compliance under such Act for small banks with the highest (outstanding) compliance rating as determined under such Act. Exempts small banks rated "outstanding" from any documentation requirements. Outlines penalties and documentation requirements for small banks receiving a "substantial noncompliance" rating. Requires each appropriate Federal banking agency to: (1) review the extent to which this Act has reduced and eliminated unnecessary internal written policies; and (2) issue a recommendation as to whether this Act should be extended beyond the sunset date of three years after its enactment.

Small Business Assistance and Credit Crunch Relief Act of 1993

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Department of Energy Laboratory Modernization and Technology Transfer Act of 2015''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Savings clause. TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY Sec. 101. Technology transfer and transitions assessment. Sec. 102. Sense of Congress. Sec. 103. Nuclear energy innovation. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS Sec. 201. Agreements for Commercializing Technology pilot program. Sec. 202. Public-private partnerships for commercialization. Sec. 203. Inclusion of early-stage technology demonstration in authorized technology transfer activities. Sec. 204. Funding competitiveness for institutions of higher education and other nonprofit institutions. Sec. 205. Participation in the Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT Sec. 301. Report by Government Accountability Office. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) National laboratory.--The term ``National Laboratory'' means a Department of Energy nonmilitary national laboratory, including-- (A) Ames Laboratory; (B) Argonne National Laboratory; (C) Brookhaven National Laboratory; (D) Fermi National Accelerator Laboratory; (E) Idaho National Laboratory; (F) Lawrence Berkeley National Laboratory; (G) National Energy Technology Laboratory; (H) National Renewable Energy Laboratory; (I) Oak Ridge National Laboratory; (J) Pacific Northwest National Laboratory; (K) Princeton Plasma Physics Laboratory; (L) Savannah River National Laboratory; (M) Stanford Linear Accelerator Center; (N) Thomas Jefferson National Accelerator Facility; and (O) any laboratory operated by the National Nuclear Security Administration, but only with respect to the civilian energy activities thereof. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. SAVINGS CLAUSE. Nothing in this Act or an amendment made by this Act abrogates or otherwise affects the primary responsibilities of any National Laboratory to the Department. TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY SEC. 101. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report which shall include-- (1) an assessment of the Department's current ability to carry out the goals of section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391), including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and (2) recommended departmental policy changes and legislative changes to section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) to improve the Department's ability to successfully transfer new energy technologies to the private sector. SEC. 102. SENSE OF CONGRESS. It is the sense of the Congress that the Secretary should encourage the National Laboratories and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act. SEC. 103. NUCLEAR ENERGY INNOVATION. Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report assessing the Department's capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at Department-owned sites. For purposes of this report, the Secretary shall consider the Department's capabilities to facilitate privately- funded prototypes up to 20 megawatts thermal output. The report shall address the following: (1) The Department's safety review and oversight capabilities. (2) Potential sites capable of hosting research, development, and demonstration of prototype reactors and related facilities for the purpose of reducing technical risk. (3) The Department's and National Laboratories' existing physical and technical capabilities relevant to research, development, and oversight. (4) The efficacy of the Department's available contractual mechanisms, including cooperative research and development agreements, work for others agreements, and agreements for commercializing technology. (5) Potential cost structures related to physical security, decommissioning, liability, and other long-term project costs. (6) Other challenges or considerations identified by the Secretary, including issues related to potential cases of demonstration reactors up to 2 gigawatts of thermal output. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM. (a) In General.--The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section. (b) Terms.--Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, payment structures, performance guarantees, and multiparty collaborations. (c) Eligibility.-- (1) In general.--Any director of a National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a). (2) Agreements with non-federal entities.--To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with a non-Federal entity, including a non-Federal entity already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1), provided that such funding is solely used to carry out the purposes of the Federal award. (3) Restriction.--The requirements of chapter 18 of title 35, United States Code (commonly known as the ``Bayh-Dole Act'') shall apply if-- (A) the agreement is a funding agreement (as that term is defined in section 201 of that title); and (B) at least 1 of the parties to the funding agreement is eligible to receive rights under that chapter. (d) Submission to Secretary.--Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section-- (1) a summary of information relating to the relevant project; (2) the total estimated costs of the project; (3) estimated commencement and completion dates of the project; and (4) other documentation determined to be appropriate by the Secretary. (e) Certification.--The Secretary shall require the contractor of the affected National Laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section-- (1) is not in direct competition with the private sector; and (2) does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (f) Extension.--The pilot program referred to in subsection (a) shall be extended until October 31, 2017. (g) Reports.-- (1) Overall assessment.--Not later than 60 days after the date described in subsection (f), the Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that-- (A) assesses the overall effectiveness of the pilot program referred to in subsection (a); (B) identifies opportunities to improve the effectiveness of the pilot program; (C) assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and (D) provides a recommendation regarding the future of the pilot program. (2) Transparency.--The Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report that accounts for all incidences of, and provides a justification for, non-Federal entities using funds derived from a Federal contract or award to carry out agreements pursuant to this section. SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION. (a) In General.--Subject to subsections (b) and (c), the Secretary shall delegate to directors of the National Laboratories signature authority with respect to any agreement described in subsection (b) the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000, if such an agreement falls within the scope of-- (1) a strategic plan for the National Laboratory that has been approved by the Department; or (2) the most recent Congressionally approved budget for Department activities to be carried out by the National Laboratory. (b) Agreements.--Subsection (a) applies to-- (1) a cooperative research and development agreement; (2) a non-Federal work-for-others agreement; and (3) any other agreement determined to be appropriate by the Secretary, in collaboration with the directors of the National Laboratories. (c) Administration.-- (1) Accountability.--The director of the affected National Laboratory and the affected contractor shall carry out an agreement under this section in accordance with applicable policies of the Department, including by ensuring that the agreement does not compromise any national security, economic, or environmental interest of the United States. (2) Certification.--The director of the affected National Laboratory and the affected contractor shall certify that each activity carried out under a project for which an agreement is entered into under this section does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (3) Availability of records.--Within 30 days of entering an agreement under this section, the director of a National Laboratory shall submit to the Secretary for monitoring and review all records of the National Laboratory relating to the agreement. (4) Rates.--The director of a National Laboratory may charge higher rates for services performed under a partnership agreement entered into pursuant to this section, regardless of the full cost of recovery, if such funds are used exclusively to support further research and development activities at the respective National Laboratory. (d) Exception.--This section does not apply to any agreement with a majority foreign-owned company. (e) Conforming Amendment.--Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (B) by striking ``Each Federal agency'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), each Federal agency''; and (C) by adding at the end the following: ``(2) Exception.--Notwithstanding paragraph (1), in accordance with section 202(a) of the Department of Energy Laboratory Modernization and Technology Transfer Act of 2015, approval by the Secretary of Energy shall not be required for any technology transfer agreement proposed to be entered into by a National Laboratory of the Department of Energy, the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000.''; and (2) in subsection (b), by striking ``subsection (a)(1)'' each place it appears and inserting ``subsection (a)(1)(A)''. SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES. Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is amended by-- (1) redesignating subsection (g) as subsection (h); and (2) inserting after subsection (f) the following: ``(g) Early-Stage Technology Demonstration.--The Secretary shall permit the directors of the National Laboratories to use funds authorized to support technology transfer within the Department to carry out early-stage and pre-commercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities.''. SEC. 204. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION AND OTHER NONPROFIT INSTITUTIONS. Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. 16352(b)) is amended-- (1) in paragraph (1), by striking ``Except as provided in paragraphs (2) and (3)'' and inserting ``Except as provided in paragraphs (2), (3), and (4)''; and (2) by adding at the end the following: ``(4) Exemption for institutions of higher education and other nonprofit institutions.-- ``(A) In general.--Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)). ``(B) Termination date.--The exemption under subparagraph (A) shall apply during the 6-year period beginning on the date of enactment of this paragraph.''. SEC. 205. PARTICIPATION IN THE INNOVATION CORPS PROGRAM. The Secretary may enter into an agreement with the Director of the National Science Foundation to enable researchers funded by the Department to participate in the National Science Foundation Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report-- (1) describing the results of the projects developed under sections 201, 202, and 203, including information regarding-- (A) partnerships initiated as a result of those projects and the potential linkages presented by those partnerships with respect to national priorities and other taxpayer-funded research; and (B) whether the activities carried out under those projects result in-- (i) fiscal savings; (ii) expansion of National Laboratory capabilities; (iii) increased efficiency of technology transfers; or (iv) an increase in general efficiency of the National Laboratory system; and (2) assess the scale, scope, efficacy, and impact of the Department's efforts to promote technology transfer and private sector engagement at the National Laboratories, and make recommendations on how the Department can improve these activities. Passed the House of Representatives May 19, 2015. Attest: KAREN L. HAAS, Clerk.

Department of Energy Laboratory Modernization and Technology Transfer Act of 2015 TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY (Sec. 101) Directs the Department of Energy (DOE) to: (1) report annually on its ability to improve the technology transfer and commercialization of energy technologies, including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and (2) recommend changes to improve the ability to successfully transfer new energy technologies to the private sector. (Sec. 102) Expresses the sense of Congress that DOE should encourage the nonmilitary national laboratories (national laboratories) and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act. (Sec. 103) Requires DOE to report on its capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at DOE-owned sites. Instructs DOE, for purposes of such report, to consider DOE's capabilities to facilitate privately-funded prototypes of up to 20 megawatts thermal output. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS (Sec. 201) Directs DOE to carry out the Agreements for Commercializing Technology pilot program in accordance with this Act, including by giving the contractors of the DOE nonmilitary national laboratories increased authority to negotiate contract terms and making every such facility eligible for the program. Permits the directors of the national laboratories to execute agreements with non-federal entities, provided that such funding is only used to carry out the purposes of the federal award. Subjects agreements that are funding agreements to the requirements of the Bayh-Dole Act (concerning patent rights to inventions arising from federally-supported research and development). Imposes contractor certification requirements for the avoidance of direct competition with the private sector and conflicts of interest. Extends the pilot program until October 31, 2017. Requires DOE to report to Congress on the overall effectiveness of the pilot program and to annually account for, and justify, incidences of use by non-federal entities of funds derived from a federal contract or award to carry out agreements pursuant to the pilot program. (Sec. 202) Requires DOE to delegate to the directors of the national laboratories signature authority with respect to certain agreements the total cost of which is less than $1 million, if such an agreement falls within the scope of: (1) a strategic plan for the national laboratory that has been approved by DOE; or (2) the most recent congressionally approved budget for DOE activities to be carried out by that laboratory. Makes this section inapplicable to any agreement with a majority foreign-owned company. (Sec. 203) Permits the directors of national laboratories to use funds authorized to support technology transfer within DOE to carry out early-stage and pre-commercial technology demonstration activities to: (1) remove technology barriers that limit private sector interest, and (2) demonstrate potential commercial applications of any research and technologies arising from national laboratory activities. (Sec. 204) Amends the Energy Policy Act of 2005 to exempt institutions of higher education and nonprofit institutions from the cost-sharing requirements for research and development for six years. (Sec. 205) Authorizes DOE to enter into an agreement with the National Science Foundation to enable the participation of DOE researchers in the National Science Foundation Innovation Corps program. TITLE III--ASSESSMENT OF IMPACT (Sec. 301) Requires the Government Accountability Office to report to Congress on the results of projects developed under this Act and on the impact of DOE efforts to promote technology transfer and private sector engagement at the national laboratories.

Department of Energy Laboratory Modernization and Technology Transfer Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guidance, Understanding, and Information for Dual Eligibles (GUIDE) Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds the following: (1) Nearly 8,800,000 Americans were eligible for benefits under the Medicare program and for medical assistance under Medicaid (dual eligible beneficiaries) in fiscal year 2005. Of these ``dual eligible beneficiaries'', almost 40 percent have cognitive impairments, including Alzheimer's disease, dementia, serious mental illnesses, and intellectual disabilities. Until December 31, 2005, dual eligible beneficiaries received outpatient prescription drug benefits through medical assistance under Medicaid. On January 1, 2006, drug coverage for dual eligibles switched from Medicaid to Medicare. (2) In 2008, 53 percent of dual eligible beneficiaries had medication access problems and of those, 27 percent experienced significant adverse clinical events. (3) Individuals with medication access issues experience significantly more adverse clinical events. Among dual eligible beneficiaries with mental illness who had medication access problems, 27 percent experienced significant adverse clinical events, which included emergency room visits and hospitalizations. (4) In total, over 1,000,000 dual eligible beneficiaries and low-income subsidy beneficiaries were automatically auto- enrolled to new benchmark prescription drug plans under part D of the Medicare program between 2006 and 2007. (5) Community providers are at the front line of helping the most vulnerable dual eligible beneficiaries obtain prescription drug coverage under the Medicare program and navigate complex enrollment and low-income subsidy eligibility requirements under such program. (b) Purpose.--It is the purpose of this bill to help low-income persons with cognitive impairments to enroll in and navigate the prescription drug benefit under the Medicare program by providing front line community providers who serve the population daily with financial assistance to conduct vigorous education and outreach and direct case management. SEC. 3. MEDICARE PRESCRIPTION DRUG OUTREACH DEMONSTRATION PROGRAM FOR DUAL ELIGIBLE BENEFICIARIES WITH MENTAL DISABILITIES. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a 3-year demonstration program (in this section referred to as ``the demonstration program'') under which the Secretary awards grants and contracts to appropriate, qualified community programs and clinics for individuals with intellectual or developmental disabilities or such programs that are described in subsection (b)(1) of section 1913 of the Public Health Services Act, regardless of whether such program meets the criteria described in subsection (c) of such section, to employ qualified social workers and case managers to provide Medicare prescription drug assistance described in subsection (c) to target full-benefit dual eligible individuals. As a condition of receipt of a grant or contract under this subsection, a program or clinic shall collect and maintain data identified by the Centers for Medicare & Medicaid Services as critical for the final evaluation and report to Congress described in subsection (d). (b) Target Full-Benefit Dual Eligible Individual Defined.--For purposes of this section, the term ``target full-benefit dual eligible individual'' means a part D eligible individual, as defined in section 1860D-1(a)(3)(A) of the Social Security Act (42 U.S.C. 1395w- 101(a)(3)(A)), who is a full-benefit dual eligible individual (as defined in section 1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-5(c)(6))) with one or more mental disabilities, including mental retardation, dementia, mental illnesses, Alzheimer's disease, autism, or any other related condition that produces serious cognitive impairments. (c) Types of Assistance.--For purposes of subsection (a), the Medicare prescription drug assistance described in this subsection is one-on-one counseling with respect to one or more of the following areas of assistance: (1) Assistance with initial enrollment in a prescription drug plan under part D of title XVIII of the Social Security Act or in an MA-PD plan under part C of such title. (2) Assistance with switching from one such prescription drug plan or MA-PD plan to another such prescription drug plan or MA-PD plan. (3) Assistance with filing for an exception to a formulary used by such a plan. (4) Assistance with filing a grievance, reconsideration, or appeal under section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104), including assistance with collecting relevant information to file such a grievance, reconsideration, or appeal. (5) Assistance with navigating utilization management programs administered by a PDP sponsor offering a prescription drug plan under part D of title XVIII of the Social Security Act or a Medicare Advantage organization offering an MA-PD plan under part C of such title. (6) Assistance with obtaining prescription drugs from pharmacies participating with such a plan. (7) Assistance with facilitating contact with the Medicare Beneficiary Ombudsman appointed under section 1808(c) of the Social Security Act (42 U.S.C. 1395b-9). (d) Evaluation and Report.-- (1) Evaluation.--The Secretary shall provide for an evaluation of the demonstration program. Such evaluation may include an analysis of-- (A) the utilization of the assistance provided under the program; (B) the satisfaction of target full-benefit dual eligible individuals with such assistance; and (C) the success of the program in-- (i) facilitating access by such individuals to covered part D drugs (as defined in section 1860D-2(e) of the Social Security Act (42 U.S.C. 1395w-102(e)); and (ii) medication compliance. (2) Report.--Not later than 6 months after the date of the completion of the demonstration program, the Secretary shall submit to Congress a report on such evaluation and shall include in such report recommendations regarding the feasibility of permanently funding an education and outreach program on the prescription drug benefit under the Medicare program for target full-benefit dual eligible individuals. (e) Authorization of Appropriations.--There is authorized to be appropriated for each of the fiscal years 2011 through 2013-- (1) to carry out this section (other than subsection (d)), $10,000,000; and (2) such sums as may be necessary to carry out subsection (d).

Guidance, Understanding, and Information for Dual Eligibles (GUIDE) Act - Directs the Secretary of Health and Human Services to establish a three-year demonstration program under which the Secretary awards grants and contracts to appropriate, qualified community programs and clinics for individuals with intellectual or developmental disabilities, or certain programs under the Public Health Services Act, to employ qualified social workers and case managers to provide one-on-one counseling about benefits under part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to a full-benefit dual eligible individual (eligible for benefits under both Medicare and SSA title XIX [Medicaid]) who has one or more mental disabilities.

To provide for a Medicare prescription drug outreach demonstration program for individuals who are eligible for benefits under the Medicare Program and for medical assistance under Medicaid and who have mental disabilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Liberty and Charitable Donation Protection Act of 1997''. SEC. 2. DEFINITIONS. Section 548(d) of title 11, United States Code, is amended by adding at the end the following: ``(3) In this section, the term `charitable contribution' means a charitable contribution, as that term is defined in section 170(c) of the Internal Revenue Code of 1986, if that contribution-- ``(A) is made by a natural person; and ``(B) consists of-- ``(i) a financial instrument (as that term is defined in section 731(c)(2)(C) of the Internal Revenue Code of 1986); or ``(ii) cash. ``(4) In this section, the term `qualified religious or charitable entity or organization' means-- ``(A) an entity described in section 170(c)(1) of the Internal Revenue Code of 1986; or ``(B) an entity or organization described in section 170(c)(2) of the Internal Revenue Code of 1986.''. SEC. 3. TREATMENT OF PREPETITION QUALIFIED CHARITABLE CONTRIBUTIONS. (a) In General.--Section 548(a) of title 11, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by striking ``(1) made'' and inserting ``(A) made''; (3) by striking ``(2)(A)'' and inserting ``(B)(i); (4) by striking ``(B)(i)'' and inserting ``(ii)(I)''; (5) by striking ``(ii) was'' and inserting ``(II) was''; (6) by striking ``(iii)'' and inserting ``(III)''; and (7) by adding at the end the following: ``(2) A transfer of a charitable contribution to a qualified religious or charitable entity or organization shall not be considered to be a transfer covered under paragraph (1)(B) in any case in which-- ``(A) the amount of that contribution does not exceed 15 percent of the gross annual income of the debtor for the year in which the transfer of the contribution is made; or ``(B) the contribution made by a debtor exceeded the percentage amount of gross annual income specified in subparagraph (A), if the transfer was consistent with the practices of the debtor in making charitable contributions.''. (b) Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.--Section 544(b) of title 11, United States Code, is amended-- (1) by striking ``(b) The trustee'' and inserting ``(b)(1) Except as provided in paragraph (2), the trustee''; and (2) by adding at the end the following: ``(2) Paragraph (1) shall not apply to a transfer of a charitable contribution (as that term is defined in section 548(d)(3)) that is not covered under section 548(a)(1)(B), by reason of section 548(a)(2).''. (c) Conforming Amendments.--Section 546 of title 11, United States Code, is amended-- (1) in subsection (e)-- (A) by striking ``548(a)(2)'' and inserting ``548(a)(1)(B)''; and (B) by striking ``548(a)(1)'' and inserting ``548(a)(1)(A)''; (2) in subsection (f)-- (A) by striking ``548(a)(2)'' and inserting ``548(a)(1)(B)''; and (B) by striking ``548(a)(1)'' and inserting ``548(a)(1)(A)''; and (3) in subsection (g)-- (A) by striking ``section 548(a)(1)'' each place it appears and inserting ``section 548(a)(1)(A)''; and (B) by striking ``548(a)(2)'' and inserting ``548(a)(1)(B)''. SEC. 4. TREATMENT OF POST-PETITION CHARITABLE CONTRIBUTIONS. (a) Confirmation of Plan.--Section 1325(b)(2)(A) of title 11, United States Code, is amended by inserting before the semicolon the following: ``, including charitable contributions (that meet the definition of `charitable contribution' under section 548(d)(3)) to a qualified religious or charitable entity or organization (as that term is defined in section 548(d)(4)) in an amount not to exceed 15 percent of the gross income of the debtor for the year in which the contributions are made''. (b) Dismissal.--Section 707(b) of title 11, United States Code, is amended by adding at the end the following: ``In making a determination whether to dismiss a case under this section, the court may not take into consideration whether a debtor has made, or continues to make, charitable contributions (that meet the definition of `charitable contribution' under section 548(d)(3)) to any qualified religious or charitable entity or organization (as that term is defined in section 548(d)(4)).''. SEC. 5. APPLICABILITY. This Act and the amendments made by this Act shall apply to any case brought under an applicable provision of title 11, United States Code, that is pending or commenced on or after the date of enactment of this Act. SEC. 6. RULE OF CONSTRUCTION. Nothing in the amendments made by this Act is intended to limit the applicability of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2002bb et seq.).

Religious Liberty and Charitable Donation Protection Act of 1998 - Amends Federal bankruptcy law with respect to avoidance by the trustee in bankruptcy of fraudulent transfers and obligations to cite circumstances under which a transfer of a charitable contribution to a qualified religious or charitable unit shall not be considered to be fraudulent. Prohibits the trustee from avoiding such charitable contributions when acting as lien creditor and successor to certain creditors and purchasers. Excludes from "disposable income," for purposes of bankruptcy plan confirmation, up to 15 percent of the gross income of the debtor when it is expended for such charitable contributions. Prohibits the bankruptcy court, when it determines whether to dismiss a case, from taking into consideration whether a debtor makes charitable contributions to any qualified religious or charitable entity.

Religious Liberty and Charitable Donation Protection Act of 1998

SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN HEALTH. (a) Definitions.--In this section: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary for Indian Health appointed under subsection (b)(2)(A). (2) Department.--The term ``Department'' means the Department of Health and Human Services. (3) Office.--The term ``Office'' means the Office of the Assistant Secretary for Indian Health established by subsection (b)(1). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (b) Establishment.-- (1) In general.--There is established within the Department the Office of the Assistant Secretary for Indian Health. (2) Assistant secretary.-- (A) In general.--Except as provided in subparagraph (B), the Office shall be headed by an Assistant Secretary for Indian Health, to be appointed by the President, by and with the advice and consent of the Senate. (B) Continued service by incumbent.--The individual serving in the position of Director of the Indian Health Service on the day before the date of enactment of this Act may serve as Assistant Secretary at the pleasure of the President after the date of enactment of this Act. (3) Duties.--The position of Assistant Secretary is established to, in a manner consistent with the government-to- government relationship between the United States and Indian tribes-- (A) facilitate advocacy for the development of appropriate Indian health policy; and (B) promote consultation on matters relating to Indian health. (c) Assistant Secretary for Indian Health.--In addition to the functions performed as of the date of enactment of this Act by the Director of the Indian Health Service, the Assistant Secretary shall-- (1) report directly to the Secretary concerning all policy- and budget-related matters affecting Indian health; (2) collaborate with the Assistant Secretary for Health concerning appropriate matters of Indian health that affect the agencies of the Public Health Service; (3) advise each Assistant Secretary of the Department concerning matters of Indian health with respect to which that Assistant Secretary has authority and responsibility; (4) advise the heads of other agencies and programs of the Department concerning matters of Indian health with respect to which those heads have authority and responsibility; (5) coordinate the activities of the Department concerning matters of Indian health; and (6) perform such other functions as the Secretary may designate. (d) Rate of Pay.-- (1) Positions at level iv.--Section 5315 of title 5, United States Code, is amended by striking ``Assistant Secretaries of Health and Human Services (6).'' and inserting ``Assistant Secretaries of Health and Human Services (7).''. (2) Positions at level v.--Section 5316 of title 5, United States Code, is amended by striking ``Director, Indian Health Service, Department of Health and Human Services.''. (e) Duties of Assistant Secretary for Indian Health.--Section 601 of the Indian Health Care Improvement Act (25 U.S.C. 1661) is amended by striking the section heading and all that follows through subsection (a) and inserting the following: ``SEC. 601. ESTABLISHMENT OF THE INDIAN HEALTH SERVICE AS AN AGENCY OF THE PUBLIC HEALTH SERVICE. ``(a) Establishment.-- ``(1) In general.--In order to more effectively and efficiently carry out the responsibilities, authorities, and functions of the United States to provide health care services to Indians and Indian tribes, there is established within the Public Health Service of the Department of Health and Human Services the Indian Health Service. ``(2) Administration.--The Indian Health Service shall be administered by the Assistant Secretary for Indian Health. ``(3) Duties.--In carrying out paragraph (2), the Assistant Secretary shall-- ``(A) report directly to the Secretary concerning all policy- and budget-related matters affecting Indian health; ``(B) collaborate with the Assistant Secretary for Health concerning appropriate matters of Indian health that affect the agencies of the Public Health Service; ``(C) advise each Assistant Secretary of the Department of Health and Human Services concerning matters of Indian health with respect to which that Assistant Secretary has authority and responsibility; ``(D) advise the heads of other agencies and programs of the Department of Health and Human Services concerning matters of Indian health with respect to which those heads have authority and responsibility; ``(E) coordinate the activities of the Department of Health and Human Services concerning matters of Indian health; and ``(F) perform such other functions as the Secretary may designate.''. (f) Conforming Amendments.-- (1) Amendments to indian health care improvement act.--The Indian Health Care Improvement Act is amended-- (A) in section 601 (25 U.S.C. 1661)-- (i) in subsection (c), by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''; and (ii) in subsection (d)(1), by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''; and (B) in section 816(c)(1) (25 U.S.C. 1680f(c)(1)), by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (2) Amendments to other provisions of law.-- (A) Section 3307(b)(1)(C) of the Children's Health Act of 2000 (25 U.S.C. 1671 note; Public Law 106-310) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (B) The Indian Lands Open Dump Cleanup Act of 1994 is amended-- (i) in section 3 (25 U.S.C. 3902)-- (I) by striking paragraph (2); (II) by redesignating paragraphs (1), (3), (4), (5), and (6) as paragraphs (4), (5), (2), (6), and (1), respectively, and moving those paragraphs so as to appear in numerical order; and (III) by inserting before paragraph (4) (as redesignated by subclause (II)) the following: ``(3) Assistant secretary.--The term `Assistant Secretary' means the Assistant Secretary for Indian Health.''; (ii) in section 5 (25 U.S.C. 3904), by striking the section heading and inserting the following: ``SEC. 5. AUTHORITY OF ASSISTANT SECRETARY FOR INDIAN HEALTH.''; (iii) in section 6(a) (25 U.S.C. 3905(a)), in the subsection heading, by striking ``Director'' and inserting ``Assistant Secretary''; (iv) in section 9(a) (25 U.S.C. 3908(a)), in the subsection heading, by striking ``Director'' and inserting ``Assistant Secretary''; and (v) by striking ``Director'' each place it appears and inserting ``Assistant Secretary''. (C) Section 5504(d)(2) of the Augustus F. Hawkins- Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (25 U.S.C. 2001 note; Public Law 100-297) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (D) Section 203(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 763(a)(1)) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (E) Subsections (b) and (e) of section 518 of the Federal Water Pollution Control Act (33 U.S.C. 1377) are amended by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''. (F) Section 317M(b) of the Public Health Service Act (42 U.S.C. 247b-14(b)) is amended-- (i) by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''; and (ii) in paragraph (2)(A), by striking ``the Directors referred to in such paragraph'' and inserting ``the Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Indian Health''. (G) Section 417C(b) of the Public Health Service Act (42 U.S.C. 285-9(b)) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (H) Section 1452(i) of the Safe Drinking Water Act (42 U.S.C. 300j-12(i)) is amended by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health''. (I) Section 803B(d)(1) of the Native American Programs Act of 1974 (42 U.S.C. 2991b-2(d)(1)) is amended in the last sentence by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (J) Section 203(b) of the Michigan Indian Land Claims Settlement Act (Public Law 105-143; 111 Stat. 2666) is amended by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (g) References.--Any reference to the Director of the Indian Health Service in any other Federal law, Executive order, rule, regulation, or delegation of authority, or in any document of or relating to the Director of the Indian Health Service, shall be deemed to refer to the Assistant Secretary. Passed the Senate July 16, 2003. Attest: EMILY J. REYNOLDS, Secretary.

Establishes within the Department of Health and Human Services (HHS) the Office of the Assistant Secretary for Indian Health to facilitate advocacy for the development of appropriate Indian health policy, and promote consultation on matters related to Indian health, in a manner consistent with the government-to-government relationship between the United States and Indian tribes. Elevates the position of Director of the Indian Health Service to such Assistant Secretary position. Makes the Indian Health Service an agency of the Public Health Service.

A bill to elevate the position of Director of the Indian Health Service within the Department of Health and Human Services to Assistant Secretary for Indian Health, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Improvised Explosive Device Prevention and Preparedness Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Improvised explosive devices come in many forms, including-- (A) radio controlled improvised explosive devices; (B) suicide improvised explosive devices; (C) suicide or homicide improvised explosive devices; (D) vehicle-borne improvised explosive devices; (E) waterborne improvised explosive devices; and (F) underwater improvised explosive devices. (2) The United States has suffered numerous improvised explosive device attacks in the past 25 years, including-- (A) the 1983 United States embassy bombing in Beirut, Lebanon; (B) the 1983 United States Marine barracks bombing in Beirut, Lebanon; (C) the 1983 United States Senate bombing following the Grenada invasion; (D) the 1984 United States embassy annex bombing in Beirut, Lebanon; (E) the 1986 TWA Flight 840 bombing; (F) the 1986 LaBelle Discotheque bombing in Berlin, Germany; (G) the 1988 Pan Am Flight 103 bombing; (H) the 1993 World Trade Center bombing in New York City, New York; (I) the 1995 Alfred P. Murrah Federal Building bombing in Oklahoma City, Oklahoma; (J) the 1996 Khobar Towers bombing in Khobar, Saudi Arabia; (K) the 1996 Centennial Olympic Park bombing in Atlanta, Georgia; (L) the 1998 health clinic bombing in Birmingham, Alabama; (M) the 1998 United States embassy bombing in Dar es Salaam, Tanzania; (N) the 1998 United States embassy bombing in Nairobi, Kenya; (O) the 2000 USS Cole bombing in Aden, Yemen; and (P) the 2008 military recruiting office bombing in New York City, New York. (3) Improvised explosive devices are responsible for 60 percent of all United States combat casualties in Iraq and 50 percent of all United States combat casualties in Afghanistan. (4) The knowledge to assemble, arm, and detonate improvised explosive devices is highly importable due to advances in global communications networks. (5) The bomb squad, public safety dive team, explosive detection canine team, and special weapons and tactics team capabilities of the United States is inadequate for the domestic threat of an improvised explosive device attack. (6) Federal funding in support of bomb squad, public safety dive team, explosive detection canine team, and special weapons and tactics team capability development is inadequate and lacks sufficient strategic planning to properly equip, train, and prepare the Nation's emergency response providers. (7) Bomb squad, public safety dive teams, explosive detection canine teams, and special weapons and tactics teams operated by State and local governments are usually the first to respond to domestic bombing threats and best-positioned to discern funding shortfalls based on threats identified by Federal, State, and local government sources. SEC. 3. BOMBING PREVENTION. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 525. OFFICE FOR BOMBING PREVENTION. ``(a) Definition.--In this section, the term `IED first responder' means a bomb squad, explosive detection canine team, special weapons and tactics team, or public safety dive team operated by a State or local government. ``(b) Establishment.--There is established in the Agency an Office for Bombing Prevention (in this section referred to as `the Office'). ``(c) Responsibilities.--The Office shall have the primary responsibility within the Department for enhancing the ability, and coordinating the efforts, of the Nation to deter, detect, prevent, protect against, intercept, and respond to terrorist improvised explosive device attacks, including by-- ``(1) coordinating national and intergovernmental bombing prevention activities; ``(2) chairing any improvised explosive device working group or task force established by the Department; ``(3) conducting requirements, capabilities, and gap analyses of equipment and training of Federal, State, and local governments to deter, prevent, detect, protect against, intercept, and assist in any response to terrorist explosive attacks by-- ``(A) maintaining a national analysis database on the capabilities of IED first responders; ``(B) applying the analysis derived from the database described in subparagraph (A) in-- ``(i) evaluating progress toward closing identified gaps relating to national strategic goals and standards; and ``(ii) providing to the Administrator an assessment of the needs of State and local governments for Federal funds to equip and train IED first responders; and ``(C) providing the analysis derived from the database described in subparagraph (A) to other components of the Department and other departments and agencies of the Federal Government to inform decisions relating to homeland security policy, assistance, training, research and development efforts, testing and evaluation, and related requirements; ``(4) serving as the primary conduit between Federal, State, and local governments for conducting assessments for, and making changes necessary to close gaps identified through, the database described in paragraph (3)(A); ``(5) assisting State and local officials in developing multijurisdictional bombing prevention plans and identifying and prioritizing equipment requirements; ``(6) operating and maintaining an information portal for IED first responders to share critical information and lessons learned; ``(7) promoting other information sharing and improvised explosive device prevention awareness programs; ``(8) serving as a liaison to the Joint Improvised Explosive Device Defeat Organization of the Department of Defense; ``(9) coordinating and consulting with the Senior Advisory Committee on Improvised Explosive Device Prevention and Response established under section 890A; and ``(10) assisting, in cooperation with the Administrator of the Transportation Security Administration, departments and agencies of Federal, State, or local government in developing and implementing national explosive detection canine training and certification standards. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $20,000,000 for fiscal year 2009; ``(2) $25,000,000 for each of fiscal years 2010 and 2011; and ``(3) such sums as are necessary for each fiscal year thereafter.''. (b) Transfer of Existing Function.--There are transferred to the Office for Bombing Prevention established under section 525 of the Homeland Security Act, as added by this Act, all functions of the Office for Bombing Prevention of the Office of Infrastructure Protection of the Department of Homeland Security as of the day before the date of enactment of this Act, including its personnel, assets, components, authorities, and liabilities. SEC. 4. SENIOR ADVISORY COMMITTEE. Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following: ``SEC. 890A. SENIOR ADVISORY COMMITTEE ON IMPROVISED EXPLOSIVE DEVICE PREVENTION AND RESPONSE. ``(a) In General.--The Secretary shall ensure that a subcommittee of the Homeland Security Advisory Council established under section 871, or any successor thereto, is established that is responsible for improvised explosive device prevention and response, to be know as the `Senior Advisory Committee on Improvised Explosive Device Prevention and Response'. ``(b) Responsibilities.--The Senior Advisory Committee on Bombing Prevention and Response shall-- ``(1) provide policy guidance and recommendations to the Homeland Security Advisory Council, or any successor thereto, on all matters related to the preparedness of emergency response providers to respond to, detect, and defeat destructive devices; ``(2) develop best practices, training, and basic operational procedures to coordinate between, and integrate the responsibilities and functions of, bomb squads and special weapons and tactics teams; ``(3) promote interoperability and information sharing between the Federal Government and IED first responders, as that term is defined in section 525; and ``(4) meet annually to review applications for grants under the Bomb Prevention and Response Grant Program under section 526 and provide to the Administrator advice on the proposed allocation of such grants based on the gaps identified through the database described in section 525(c)(3)(A). ``(c) Membership.--The members of the Senior Advisory Committee on Bombing Prevention and Response shall be selected in consultation with-- ``(1) the Attorney General of the United States; ``(2) the Commandant of the Coast Guard; ``(3) the Administrator of the Transportation Security Administration; ``(4) the Administrator of the Federal Transit Administration; ``(5) the Executive Director of the National Tactical Officers Association; ``(6) the Chair of the National Bomb Squad Commanders Advisory Board; ``(7) the Chair of the Board of the International Association of Bomb Technicians and Investigators; ``(8) the Chair of the Scientific Working Group on Dog and Orthogonal Detector Guidelines; ``(9) the Executive Director of the National Emergency Management Association; ``(10) the President of the National Sheriff's Association; ``(11) the President of the Fraternal Order of Police; ``(12) the Chair of the Executive Committee of the National Governors Association; ``(13) the President of the United States Conference of Mayors; ``(14) the Regional Administrator for each region of the Federal Emergency Management Agency; and ``(15) the head of the Office for Bombing Prevention established under section 525.''. SEC. 5. IMPROVISED EXPLOSIVE DEVICE PREVENTION AND RESPONSE GRANTS. Title V of the Homeland Security Act of 2002 (6 U.S.C. 315 et seq.), as amended by this Act, is amended by adding at the end the following: ``SEC. 526. FIRST RESPONDER IED PREVENTION AND RESPONSE GRANT PROGRAM. ``(a) Establishment.--There is established an First Responder IED Prevention and Response Grant Program, under which the Administrator may make grants to State and local governments. ``(b) Application.--A State or local government desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Administrator shall establish. ``(c) Use of Grant Amounts.-- ``(1) In general.--A grant under this section may be used for equipment, training, and, subject to paragraph (2), salary and benefits for personnel of an IED first responder, as that term is defined in section 525. ``(2) Personnel.--Amounts provided under a grant under this section may be used for salary and benefits-- ``(A) for an employee who-- ``(i) is a veteran (as that term is defined in section 101(2) of title 38, United States Code) with experience relating to improvised explosive devices as a member of an explosive ordnance disposal or response team in Iraq or Afghanistan; ``(ii) is a graduate of a military education school for members of the Armed Forces for-- ``(I) explosive ordnance disposal technicians; or ``(II) explosive detection canine handlers; or ``(iii) is a sworn law enforcement officer who is certified as a bomb technician by the Hazardous Devices School of the Federal Bureau of Investigation; and ``(B) for any employee described in subparagraph (A), for not more than a 3-year period. ``(d) Grant Awards.--The Administrator shall award grant under this section based on the gaps identified through the database described in section 525(c)(3)(A). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $75,000,000 for fiscal year 2009; ``(2) $100,000,000 for fiscal year 2010; ``(3) $100,000,000 for fiscal year 2011; ``(4) $125,000,000 for fiscal year 2012; and ``(5) $125,000,000 for fiscal year 2013.''. SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended-- (1) by inserting after the item relating to section 524 the following: ``Sec. 525. Office for Bombing Prevention. ``Sec. 526. First Responder IED Prevention and Response Grant Program.''; and (2) by inserting after the item relating to section 890 the following: ``Sec. 890A. Senior Advisory Committee on Improvised Explosive Device Prevention and Response.''. SEC. 7. MARITIME TRANSPORTATION SECURITY. Section 70107(k)(3) of title 46, United States Code, is amended-- (1) by striking subparagraph (A) and inserting the following: ``(A) identifies any modifications necessary in funding to ensure the correction of vulnerabilities and capability gaps identified by the Coast Guard and the dive team component of the database described in section 525(c)(3)(A) of the Homeland Security Act of 2002, to ensure compliance with Area Maritime Transportation Security Plans and facility security plans;''; (2) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (3) by inserting after subparagraph (B) the following: ``(C) includes an assessment of progress in completing assessments for the dive team component of the database described in section 525(c)(3)(A) of the Homeland Security Act of 2002, for all applicable ports;''.

National Improvised Explosive Device Prevention and Preparedness Act of 2008 - Amends the Homeland Security Act of 2002 to establish the Office for Bombing Prevention, which shall have primary responsibility within the Department of Homeland Security (DHS) for enhancing the nation's ability, and coordinating its efforts, to deter, detect, prevent, protect against, intercept, and respond to terrorist improvised explosive device (IED) attacks. Transfers to the Office all functions of the current Office for Bombing Prevention of DHS's Office of Infrastructure Protection. Directs the Secretary of DHS to ensure that a Homeland Security Advisory Council subcommittee, to be known as the Senior Advisory Committee on Improvised Explosive Device Prevention and Response, is established. Requires the Committee to: (1) provide policy guidance and recommendations; (2) develop best practices, training, and basic operational procedures; (3) promote interoperability and information sharing between the federal government and IED first responders; and (4) meet annually to review grant applications under the Bomb Prevention and Response Grant Program (established by this Act) and provide advice on proposed grant allocations. Requires the Secretary's annual report on progress in achieving compliance with the correction of Coast Guard identified vulnerabilities in port security and compliance with Area Maritime Transportation Security Plans and facility security plans to include: (1) the identification of modifications necessary in funding to ensure the correction of capability gaps identified by the Coast Guard and the dive team component of the national analysis database on the capabilities of IED first responders (required to be maintained by the Office for Bombing Prevention); and (2) an assessment of progress in completing assessments for the dive team component for all applicable ports.

A bill to amend the Homeland Security Act of 2002, to establish the Office for Bombing Prevention, to enhance the role of State and local bomb squads, public safety dive teams, explosive detection canine teams, and special weapons and tactics teams in national improvised explosive device prevention policy, to establish a grant program to provide for training, equipment, and staffing of State and local improvised explosive device prevention, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American 5-Cent Coin Design Continuity Act of 2003''. TITLE I--UNITED STATES 5-CENT COIN DESIGN CONTINUITY SEC. 101. DESIGNS ON THE 5-CENT COIN. (a) In General.--Subject to subsection (b) and after consulting with the Citizens Coinage Advisory Committee and the Commission of Fine Arts, the Secretary of the Treasury may change the design on the obverse and the reverse of the 5-cent coin for coins issued in 2003, 2004, and 2005 in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark. (b) Design Specifications.-- (1) Obverse.--If the Secretary of the Treasury elects to change the obverse of 5-cent coins issued during 2003, 2004, and 2005, the design shall depict a likeness of President Thomas Jefferson, different from the likeness that appeared on the obverse of the 5- cent coins issued during 2002, in recognition of his role with respect to the Louisiana Purchase and the commissioning of the Lewis and Clark expedition. (2) Reverse.--If the Secretary of the Treasury elects to change the reverse of the 5-cent coins issued during 2003, 2004, and 2005, the design selected shall depict images that are emblematic of the Louisiana Purchase or the expedition of Meriwether Lewis and William Clark. (3) Other inscriptions.--5-cent coins issued during 2003, 2004, and 2005 shall continue to meet all other requirements for inscriptions and designations applicable to circulating coins under section 5112(d)(1) of title 31, United States Code. SEC. 102. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO THE RECOGNITION OF THE BICENTENNIAL OF THE LOUISIANA PURCHASE AND THE LEWIS AND CLARK EXPEDITION. (a) In General.--Section 5112(d)(1) of title 31, United States Code, is amended by inserting after the 4th sentence the following new sentence: ``Subject to other provisions of this subsection, the obverse of any 5-cent coin issued after December 31, 2005, shall bear the likeness of Thomas Jefferson and the reverse of any such 5-cent coin shall bear an image of the home of Thomas Jefferson at Monticello.''. (b) Design Consultation.--The 2d sentence of section 5112(d)(2) of title 31, United States Code, is amended by inserting ``, after consulting with the Citizens Coinage Advisory Committee and the Commission of Fine Arts,'' after ``The Secretary may''. SEC. 103. CITIZENS COINAGE ADVISORY COMMITTEE. (a) In General.--Section 5135 of title 31, United States Code, is amended to read as follows: ``Sec. 5135. Citizens Coinage Advisory Committee ``(a) Establishment.-- ``(1) In general.--There is hereby established the Citizens Coinage Advisory Committee (in this section referred to as the `Advisory Committee') to advise the Secretary of the Treasury on the selection of themes and designs for coins. ``(2) Oversight of advisory committee.--The Advisory Committee shall be subject to the authority of the Secretary of the Treasury (hereafter in this section referred to as the `Secretary'). ``(b) Membership.-- ``(1) Appointment.--The Advisory Committee shall consist of 11 members appointed by the Secretary as follows: ``(A) Seven persons appointed by the Secretary-- ``(i) one of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience as a nationally or internationally recognized curator in the United States of a numismatic collection; ``(ii) one of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their experience in the medallic arts or sculpture; ``(iii) one of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in American history; ``(iv) one of whom shall be appointed from among individuals who are specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience in numismatics; and ``(v) three of whom shall be appointed from among individuals who can represent the interests of the general public in the coinage of the United States. ``(B) Four persons appointed by the Secretary on the basis of the recommendations of the following officials who shall make the selection for such recommendation from among citizens whoare specially qualified to serve on the Advisory Committee by virtue of their education, training, or experience: ``(i) One person recommended by the Speaker of the House of Representatives. ``(ii) One person recommended by the minority leader of the House of Representatives. ``(iii) One person recommended by the majority leader of the Senate. ``(iv) One person recommended by the minority leader of the Senate. ``(2) Terms.-- ``(A) In general.--Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. ``(B) Terms of initial appointees.--As designated by the Secretary at the time of appointment, of the members first appointed-- ``(i) four of the members appointed under paragraph (1)(A) shall be appointed for a term of 4 years; ``(ii) the four members appointed under paragraph (1)(B) shall be appointed for a term of 3 years; and ``(iii) three of the members appointed under paragraph (1)(A) shall be appointed for a term of 2 years. ``(3) Preservation of public advisory status.--No individual may be appointed to the Advisory Committee while serving as an officer or employee of the Federal Government. ``(4) Continuation of service.--Each appointed member may continue to serve for up to 6 months after the expiration of the term of office to which such member was appointed until a successor has been appointed. ``(5) Vacancy and removal.-- ``(A) In general.--Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. ``(B) Removal.--Advisory Committee members shall serve at the discretion of the Secretary and may be removed at any time for good cause. ``(6) Chairperson.--The Chairperson of the Advisory Committee shall be appointed for a term of 1 year by the Secretary from among the members of the Advisory Committee. ``(7) Pay and expenses.--Members of the Advisory Committee shall serve without pay for such service but each member of the Advisory Committee shall be reimbursed from the United States Mint Public Enterprise Fund for travel, lodging, meals, and incidental expenses incurred in connection with attendance of such members at meetings of the Advisory Committee in the same amounts and under the same conditions as employees of the United States Mint who engage in official travel, as determined by the Secretary. ``(8) Meetings.-- ``(A) In general.--The Advisory Committee shall meet at the call of the Secretary, the chairperson, or a majority of the members, but not less frequently than twice annually. ``(B) Open meetings.--Each meeting of the Advisory Committee shall be open to the public. ``(C) Prior notice of meetings.--Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register, and timely notice of each meeting shall be made to trade publications and publications of general circulation. ``(9) Quorum.--Seven members of the Advisory Committee shall constitute a quorum. ``(c) Duties of the Advisory Committee.--The duties of the Advisory Committee are as follows: ``(1) Advising the Secretary of the Treasury on any theme or design proposals relating to circulating coinage, bullion coinage, congressional gold medals and national and other medals produced by the Secretary of the Treasury in accordance with section 5111 of title 31, United States Code. ``(2) Advising the Secretary of the Treasury with regard to-- ``(A) the events, persons, or places that the Advisory Committee recommends be commemorated by the issuance of commemorative coins in each of the 5 calendar years succeeding the year in which a commemorative coin designation is made; ``(B) the mintage level for any commemorative coin recommended under subparagraph (A); and ``(C) the proposed designs for commemorative coins. ``(d) Expenses.--The expenses of the Advisory Committee that the Secretary of the Treasury determines to be reasonable and appropriate shall be paid by the Secretary from the United States Mint Public Enterprise Fund. ``(e) Administrative Support, Technical Services, and Advice.--Upon the request of the Advisory Committee, or as necessary for the Advisory Committee to carry out the responsibilities of the Advisory Committee under this section, the Director of the United States Mint shall provide to the Advisory Committee the administrative support, technical services, and advice that the Secretary of the Treasury determines to be reasonable and appropriate. ``(f) Consultation Authority.--In carrying out the duties of the Advisory Committee under this section, the Advisory Committee may consult with the Commission of Fine Arts. ``(g) Annual Report.-- ``(1) Required.--Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretary, the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. Should circumstances arise in which the Advisory Committee cannot meet the September 30 deadline in any year, the Secretary shall advise the Chairpersons of the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate of the reasons for such delay and the date on which the submission of the report is anticipated. ``(2) Contents.--The report required by paragraph (1) shall describe the activities of the Advisory Committee during the preceding year and the reports and recommendations made by the Advisory Committee to the Secretary of the Treasury. ``(h) Federal Advisory Committee Act Does Not Apply.--Subject to the requirements of subsection (b)(8), the Federal Advisory Committee Act shall not apply with respect to the Committee.''. (b) Abolishment of Citizens Commemorative Coin Advisory Committee.--Effective on the date of the enactment of this Act, the Citizens CommemorativeCoin Advisory Committee (established by section 5135 of title 31, United States Code, as in effect before the amendment made by subsection (a)) is hereby abolished. (c) Continuity of Members of Citizens Commemorative Coin Advisory Committee.--Subject to paragraphs (1) and (2) of section 5135(b) of title 31, United States Code, any person who is a member of the Citizens Commemorative Coin Advisory Committee on the date of the enactment of this Act, other than the member of such committee who is appointed from among the officers or employees of the United States Mint, may continue to serve the remainder of the term to which such member was appointed as a member of the Citizens Coinage Advisory Committee in one of the positions as determined by the Secretary. (d) Technical and Conforming Amendments.-- (1) Section 5112(l)(4)(A)(ii) of title 31, United States Code, is amended by striking ``Citizens Commemorative Coin Advisory Committee'' and inserting ``Citizens Coinage Advisory Committee''. (2) Section 5134(c) of title 31, United States Code, is amended-- (A) by striking paragraph (4); and (B) by redesignating paragraph (5) as paragraph (4). TITLE II--TECHNICAL AND CLARIFYING PROVISIONS SEC. 201. CLARIFICATION OF EXISTING LAW. (a) In General.--Section 5134(f)(1) of title 31, United States Code, is amended to read as follows: ``(1) Payment of surcharges.-- ``(A) In general.--Notwithstanding any other provision of law, no amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item shall be paid from the fund to any designated recipient organization unless-- ``(i) all numismatic operation and program costs allocable to the program under which such numismatic item is produced and sold have been recovered; and ``(ii) the designated recipient organization submits an audited financial statement that demonstrates, to the satisfaction of the Secretary, that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the organization has raised funds from private sources for such projects and purposes in an amount that is equal to or greater than the total amount of the proceeds of such surcharge derived from the sale of such numismatic item. ``(B) Unpaid amounts.--If any amount derived from the proceeds of any surcharge imposed on the sale of any numismatic item that may otherwise be paid from the fund, under any provision of law relating to such numismatic item, to any designated recipient organization remains unpaid to such organization solely by reason of the matching fund requirement contained in subparagraph (A)(ii) after the end of the 2-year period beginning on the later of-- ``(i) the last day any such numismatic item is issued by the Secretary; or ``(ii) the date of the enactment of the American 5-Cent Coin Design Continuity Act of 2003, such unpaid amount shall be deposited in the Treasury as miscellaneous receipts.''. (b) Effective Date.--The amendment made by subsection (a) shall apply as of the date of the enactment of Public Law 104-208. 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 February 26, 2003. The summary of that version is repeated here.) American 5-Cent Coin Design Continuity Act of 2003 - Title I: United States American 5-Cent Coin Design Continuity - (Sec. 101) Authorizes the Secretary of the Treasury to change the design on the obverse and reverse sides of five-cent coins issued in 2003, 2004, and 2005, in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark.States that if the Secretary elects to change: (1) the obverse of 5-cent coins issued during 2003, 2004, and 2005, the design shall depict a likeness of President Thomas Jefferson, different from the likeness that appeared on the obverse of the 5-cent coins issued during 2002, in recognition of his role with respect to the Louisiana Purchase and the commissioning of the Lewis and Clark expedition; and (2) the reverse of the 5-cent coins issued during such years, the design selected shall depict images emblematic of the Louisiana Purchase or the expedition of Meriwether Lewis and William Clark. (Sec. 102) Requires the obverse of any 5-cent coin issued after December 31, 2005, to bear the likeness of Thomas Jefferson and the reverse of such coin bear an image of the home of Thomas Jefferson at Monticello. (Sec. 103) Establishes a seven-member Coin Design Advisory Committee to advise the Secretary on coin themes and designs.Abolishes the Citizens Commemorative Coin Advisory Committee. Authorizes certain Committee members to continue serving the remainder of their appointed term as a member of the Citizens Coinage Advisory Committee as determined by the Secretary.Title II: Technical and Clarifying Provisions - (Sec. 201) Amends Federal law to revise the requirements for payment of surcharges to recipient organizations.Requires deposit into the Treasury as unpaid receipts certain unpaid amounts derived from surcharge proceeds.

To ensure continuity for the design of the 5-cent coin, establish the Citizens Coinage Advisory Committee, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Safety Improvement Act of 2005''. SEC. 2. RAILWAY-ROAD GRADE CROSSINGS. (a) Elimination of Crossings.-- (1) In general.--Section 20134 of title 49, United States Code, is amended-- (A) in subsection (a), by inserting ``and motorists at railroad grade crossings'' after ``rights of way''; (B) by amending subsection (c) to read as follows: ``(c) Automated Video Image Analysis Pilot Program.--(1) The Secretary of Transportation, in consultation with the National Highway Traffic Safety Administration, shall establish a pilot program in the 5 States with the highest rates of collisions, injuries, and fatalities at highway-rail grade crossings that uses automated video image analysis technology to record violations by motorists at crossings equipped with automatic warning devices. ``(2) There are authorized to be appropriated such sums as may be necessary to carry out the program established under this paragraph (1).''; and (C) by adding at the end the following: ``(d) Plan to Eliminate Highway-Rail Grade Crossings.--(1) Not later than 1 year after the date of enactment of this subsection, the Secretary of Transportation, in consultation with appropriate transportation officials of States and units of local government with jurisdiction over highway-rail grade crossings, shall submit, to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, a plan-- ``(A) for annually eliminating highway-rail grade crossings in the United States that, as of the date of enactment of this subsection-- ``(i) are considered by the Secretary of Transportation to pose a safety threat; and ``(ii) have insufficient or outdated protective equipment; ``(B) that includes guidelines for establishing new crossings, if necessary, through careful traffic, zoning, and land use planning; and ``(C) that includes an estimate of the cost to carry out subparagraph (A). ``(2) In determining the order for closing highway-rail grade crossings under the plan developed under paragraph (1), the Secretary shall give priority to crossings in States that are among the top 5 States in terms of-- ``(A) the number of accidents at highway-rail grade crossings per mile of railroad tract; ``(B) the number of highway-rail grade crossings with insufficient or outdated protective equipment; or ``(C) the number of rail lines with a high volume of goods movement. ``(3) In developing the plan under paragraph (1), the Secretary shall consider-- ``(A) the feasibility of closing and improving a group of highway-rail grade crossings in a single community; ``(B) the impact of closure on access by emergency vehicles; ``(C) traffic delays; ``(D) public inconvenience; and ``(E) the willingness of units of local government to participate in the elimination or consolidation of highway-rail grade crossings.''. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall update and reissue ``A Guide to Crossing Consolidation and Closure'', which was originally published in July 1994. (b) Grants to Improve the Safety of Railway-Highway Grade Crossings.--Section 130 of title 23, United States Code, is amended-- (1) in subsection (d)-- (A) by striking ``Each State'' and inserting the following: ``(1) In general.--Each State''; and (B) by adding at the end the following: ``(2) Federal safety review.--Using information compiled by States under paragraph (1), the Secretary of Transportation shall conduct a comprehensive review of the safety of all public railway-highway grade crossings in the United States. The matters reviewed shall include security measures, safety conditions, past accidents, possible safety improvements, and any other factors that the Secretary considers relevant. ``(3) Priority list.--Based on the information collected from the review conducted under paragraph (2), the Secretary of Transportation shall compile, maintain, and submit to Congress a list of the 5,000 railway-highway grade crossings most in need of safety improvements, grouped based on relative need for such improvements.''; (2) in subsection (f)-- (A) by striking ``and 50'' and inserting ``25''; and (B) by striking ``States.'' and inserting ``States, and 25 percent of such funds shall be apportioned to the States in the ratio that total highway and rail traffic through railway-highway crossings in each State bears to the total of such traffic in all States.''; (3) in subsection (i)(3)(B), by striking ``$7,500'' and inserting ``$15,000''; (4) by redesignating subsection (j) as subsection (k); and (5) by inserting after subsection (i) the following: ``(j) Railway-Highway Grade Crossing Safety Improvement Grants.-- ``(1) Grants authorized.--The Secretary of Transportation may award grants to States to make necessary safety improvements to the railway-highway grade crossings identified under subsection (d)(3). ``(2) Prioritization.--In awarding grants under this subsection, the Secretary shall-- ``(A) give priority to projects to install automated warning systems at railway-highway grade crossings in States with the highest number of accidents at such crossings; and ``(B) strive to reduce the number of railway- highway grade crossings without automated warning systems by not less than 50 percent. ``(3) Application.--Each State desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(4) Matching requirement.--The Secretary may not award a grant to a State under this subsection unless that State agrees that, with respect to the costs to be incurred by the State in carrying out the program for which the grant was awarded, the State will make available non-Federal contributions in an amount equal to not less than $1 for every $9 of Federal financial assistance provided under the grant.''. (c) Funding.--Section 104(d) of title 23, United States Code, is amended-- (1) by amending the subsection header to read as follows: ``Funds Reserved for Improving Safety at Railway-Highway Crossings''; (2) by adding at the end the following: ``(3) Railway-road grade crossing safety improvements.-- Before making an apportionment of funds under subsection (b)(3) for a fiscal year, the Secretary shall set aside $178,000,000 of the funds made available for the surface transportation program for the fiscal year for grants under section 130(j).''. SEC. 3. PENALTIES FOR VIOLATING CROSSING SIGNS, SIGNALS, OR GATES. (a) Prevention of Trespassing and Vandalism on Railroad Property.-- Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall-- (1) analyze Federal, State, and local laws for preventing and responding to trespassing and vandalism on railroad property; and (2) update model strategies to prevent such trespassing and vandalism. (b) Model Legislation.--Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation, after consultation with States, units of local government, and railroad carriers shall develop and make available model legislation providing for civil and criminal penalties for individuals who violate grade crossing signs, signals, or gates. SEC. 4. OPERATION LIFESAVER FUNDING. Section 104(d)(1) of title 23, United States Code, is amended by striking ``set aside'' and all that follows and inserting the following: ``set aside, to carry out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities, and to improve driver performance at railway-road crossings-- ``(1) $1,250,000 for fiscal year 2006; ``(2) $1,300,000 for fiscal year 2007; ``(3) $1,350,000 for fiscal year 2008; ``(4) $1,400,000 for fiscal year 2009; and ``(5) $1,460,000 for fiscal year 2010.''. SEC. 5. INSPECTIONS AND INVESTIGATIONS. (a) Annual Inspections.--Section 20107 of title 49, United States Code, is amended by adding at the end the following: ``(c) Annual Inspections.--The Secretary of Transportation, acting through the Administrator of the Federal Railroad Administration, shall, physically inspect, on an annual basis, not less than 2 percent of all highway-rail grade crossings in the 10 States with the highest rates of collisions at such crossings during the 3-year period ending on the date of enactment of this Act.''. (b) Accident Investigations.--Section 20902 of title 49, United States Code, is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) Investigation of Fatal Accidents.-- ``(1) In general.--The Secretary of Transportation, acting through the Administrator of the Federal Railroad Administration, shall conduct an investigation of-- ``(A) all fatal accidents in the United States during the 1-year period ending on the date of enactment of this subsection; and ``(B) any fatal railroad accident occurring in the United States on or after the date of enactment of this subsection. ``(2) Report to congress.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit a report to Congress on the results of the investigations conducted under paragraph (1) during the 1- year period ending on the date of enactment of this Act and during each successive 1-year period.''. SEC. 6. DEFINITION. As used in this Act, and the amendments made by this Act, the term ``highway'' has the meaning given the term in section 101 of title 23, United States Code.

Railroad Safety Improvement Act of 2005 - Amends federal transportation law to direct the Secretary of Transportation to establish an automated video image analysis pilot program in states with the highest rates of accidents at highway-rail grade crossings to record motorist violations at crossings equipped with automatic warning devices. Requires the Secretary to submit to Congress a plan to eliminate highway-rail grade crossings, with priority given to crossings where the number of accidents are high or there is insufficient or outdated protective equipment. Directs the Secretary to: (1) review the safety of all public railway-highway grade crossings in the United States; and (2) compile and submit to Congress, based on such review, a list of the 5,000 railway-highway grade crossings most in need of safety improvements. Authorizes the Secretary to award grants to states to make necessary improvements to crossings identified for elimination and improvement. Requires the Secretary, in awarding such grants, to: (1) give priority to projects to install automated warning systems at crossings in states with the highest number of accidents; and (2) strive to reduce the number of crossings without automated warning systems by not less than 50%. Directs the Secretary to: (1) analyze all laws for preventing trespassing and vandalism on railroad property; and (2) develop model legislation providing for civil and criminal penalties for individuals who violate grade crossing signs, signals, or gates. Requires the Secretary to inspect annually at least 2% of all highway-rail grade crossings in the 10 states with the highest rates of collisions at such crossings. Requires the Secretary to investigate, and report to Congress, all fatal accidents in the United States (including fatal railroad accidents) that occur on or after enactment of this Act.

A bill to eliminate unsafe railway-road grade crossings, to enhance railroad safety through new safety technology, safety inspections, accident investigations, and for other purposes.

SECTION 1. EXCLUSION FROM ESTATE TAX FOR HISTORIC PROPERTY SUBJECT TO PRESERVATION EASEMENT. (a) In General.--Part IV of subchapter A of chapter 11 of the Internal Revenue of 1986 (relating to taxable estate) is amended by adding at the end the following new section: ``SEC. 2057. QUALIFIED HISTORIC PROPERTY. ``(a) General Rule.--For purposes of the tax imposed by section 2001, the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the value of any qualified historic property included in the gross estate. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified historic property.-- ``(A) In general.--The term `qualified historic property' means any historic property if-- ``(i) on or before the date on which the return of the tax imposed by section 2001 is filed, a qualified real property interest described in section 170(h)(2)(C) in such property is held by a qualified organization for the purpose described in section 170(h)(4)(A)(iv), and ``(ii) such property is covered by an agreement meeting the requirements of subsection (c) which is entered into on or before such date. ``(B) Treatment of personal property.--Such term includes personal property included within, or associated with, qualified historic property (as defined in paragraph (1)) if such personal property-- ``(i) is held by the decedent holding such qualified historic property, ``(ii) has been so included within, or associated with, such qualified historic property throughout the 10-year period ending on the date of the decedent's death, and ``(iii) is covered by the agreement referred to in subparagraph (A)(ii) which covers such qualified historic property. ``(2) Historic property.--The term `historic property' means-- ``(A) any building (and its structural components)-- ``(i) which is designated as a National Historic Landmark under section 101 of the National Historic Preservation Act throughout the 10-year period ending on the date of the decedent's death, ``(ii) which was owned by the decedent or a member of the decedent's family (as defined in section 2032A(e)(2)) throughout such 10-year period, and ``(iii) which was originally used for residential purposes, and ``(B) any other real property to the extent reasonably necessary for public view and visitation of the property described in subparagraph (A). ``(3) Qualified organization.--The term `qualified organization' has the meaning given to such term by section 170(h)(3). ``(4) Treatment of qualified historic property held by a corporation.--In the case of a corporation all of the stock in which was held on the date of the decedent's death by the decedent or members of the decedent's family (as defined in section 2032A(e)(2))-- ``(A) stock in such corporation shall be treated for purposes of this section as qualified historic property to the extent that the value of such stock is attributable to qualified historic property held by such corporation, but ``(B) the requirements of subsection (c) shall be met only if each member of the decedent's family holding such stock on such date sign the agreement referred to in subsection (c). ``(c) Requirements for Agreement.-- ``(1) In general.--For purposes of subsection (b)(1)(A)(ii), an agreement meets the requirements of this subsection if-- ``(A) such agreement is a written agreement signed by each person in being who has an interest (whether or not in possession) in the historic property (other than the qualified organization), ``(B) such agreement is entered into with a State historic preservation agency (or similar State agency) and filed with the Secretary with the return of the tax imposed by section 2001, ``(C) such agreement provides that the only activities carried on at the historic property are activities which are substantially related (aside from the need for income or funds or the use made of the profits derived) to-- ``(i) the public view and visitation of such property and the property described in the last sentence of subsection (b)(1) with respect to such property), and ``(ii) the maintenance and preservation of such property and surrounding areas for such public view and visitation, ``(D) such agreement provides that the historic property will be open to the public for a period of at least 20 years beginning on the date on which the return of the tax imposed by section 2001 is filed, and ``(E) such agreement provides that any admission fees (if any) shall bear a reasonable relationship to admission fees for other comparable tourist sites and shall be approved by such State historic preservation agency (or similar State agency). ``(2) Treatment of food, lodging, and meeting facilities provided to general public.--The regular carrying on-- ``(A) a trade or business of providing lodging shall be treated as not substantially related for purposes of paragraph (1)(C), ``(B) a trade or business of providing food shall be treated as not substantially related for purposes of paragraph (1)(C) unless-- ``(i) such food is only provided to individuals who pay the generally applicable admission fees (if any) for admission to the property by individuals to whom no food is provided, and ``(ii) only an insubstantial portion of the structures on the historic property is devoted to the provision of such food, and ``(C) a trade or business of providing facilities for meetings or events shall be treated as not substantially related for purposes of paragraph (1)(C) unless all of the net proceeds from such trade or business are used for maintenance or preservation of the historic property. ``(3) Open to the public.--For the purposes of paragraph (1)(D), the 20-year period referred to in such paragraph shall be suspended during reasonable periods of renovation. ``(d) Tax Treatment of Dispositions and Failure To Comply With Agreement.-- ``(1) Imposition of additional estate tax.--If, during the 20-year period referred to in subsection (c)(1)(D)-- ``(A) any person signing the written agreement referred to in subsection (c) disposes of any interest in the qualified historic property, or ``(B) there is a violation of any provision of such agreement (as determined under regulations prescribed by the Secretary), then there is hereby imposed an additional estate tax. ``(2) Exception for certain transferees who agree to be bound by agreement.--No tax shall be imposed under paragraph (1) by reason of any disposition if the person acquiring the property-- ``(A) is a qualified organization or is a member of the family (as defined in section 2032A(e)(2)) of the person disposing of such property, and ``(B) agrees to be bound by the agreement referred to in subsection (b)(4) and to be liable for any tax under this subsection in the same manner as the person disposing of such property. ``(3) Amount of additional tax.-- ``(A) In general.--The amount of the additional tax imposed by paragraph (1) with respect to any property shall be an amount equal to the applicable percentage of the excess of-- ``(i) what would (but for subsection (a)) have been the tax imposed by section 2001 (reduced by the credits allowable), over ``(ii) the tax imposed by section 2001 (as so reduced). ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage is the percentage determined in accordance with the following table for the year (of 20-year period referred to in subsection (c)(1)(D)) in which the event described in paragraph (1) occurs: ``If the event The applicable occurs during: percentage is: The 1st 12 years of such 20-year 100 percent period. The 13th or 14th year of such period. 80 percent The 15th or 16th year of such period. 60 percent The 17th or 18th year of such period. 40 percent The 19th or 20th year of such period. 20 percent. ``(4) Due date.--The additional tax imposed by this subsection shall be due and payable on the day which is 6 months after the date of the disposition or violation referred to in paragraph (1). ``(5) Liability for tax.--Any person signing the agreement referred to in subsection (c) (other than the executor) shall be personally liable for the additional tax imposed by this subsection. If more than 1 person is liable under this subsection, all such persons shall be jointly and severally liable. ``(6) Certain other rules to apply.--Rules similar to the rules of sections 1016(c), 2013(f), and 2032A(f) shall apply for purposes of this subsection. ``(e) Other Special Rules.-- ``(1) Coordination with deduction for transfer of easement.--Section 2055(f) shall not apply to any interest referred to therein with respect to property for which a deduction is allowed under subsection (a). ``(2) Denial of deduction of indebtedness on excluded property.--No deduction shall be allowed under section 2053 for indebtedness in respect of property the value of which is deducted under subsection (a). ``(3) Submission of annual inventories of personal property.--The Secretary shall require the submission to the Secretary of such inventories of personal property which is qualified historic property as the Secretary determines are necessary for purposes of this section.'' (b) Technical Amendments.-- (1) Subsection (a) of section 1014 of such Code is amended by striking the period at the end of paragraph (3) and inserting ``, or'' and by adding after paragraph (3) the following new paragraph: ``(4) in the case of property the value of which was deducted under section 2057(a), the adjusted basis of such property in the hands of the decedent immediately before the death of the decedent.'' (2) Subparagraph (A) of section 2056A(b)(10) of such Code is amended by inserting ``2057,'' after ``2056,''. (3) The table of sections for part IV of subchapter A of chapter 11 of such Code is amended by adding at the end the following new item: ``Sec. 2057. Qualified historic property.'' (c) Effective Date.--The amendments made by this section shall apply with respect to the estates of decedents dying after the date of the enactment of this Act.

Amends the Internal Revenue Code to provide that for purposes of determining estate tax the value of the taxable estate shall be determined by deducting from the value of the gross estate an amount equal to the value of any qualified historic property. Defines qualified historic property. Requires, among other things, that the historic property will be open to the public for a period of at least 20 years and will have reasonable admission fees.

A bill to amend the Internal Revenue Code of 1986 to provide that the value of qualified historic property shall not be included in determining the taxable estate of a decedent.

SECTION 1. SHORT TITLE. This Act may be cited as the ``King Cove Road Land Exchange Act''. SEC. 2. FINDING. Congress finds that the land exchange required under this Act (including the designation of the road corridor and the construction of the road along the road corridor) is in the public interest. SEC. 3. DEFINITIONS. In this Act: (1) Federal land.-- (A) In general.--The term ``Federal land'' means the approximately 206 acres of Federal land located within the Refuge as depicted on the map entitled ``Project Area Map'' and dated September 2012. (B) Inclusion.--The term ``Federal land'' includes the 131 acres of Federal land in the Wilderness, which shall be used for the road corridor along which the road is to be constructed in accordance with section 4(b)(2). (2) Non-federal land.--The term ``non-Federal land'' means the approximately 43,093 acres of land owned by the State as depicted on the map entitled ``Project Area Map'' and dated September 2012. (3) Refuge.--The term ``Refuge'' means the Izembek National Wildlife Refuge in the State. (4) Road corridor.--The term ``road corridor'' means the road corridor designated under section 4(b)(1). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Alaska. (7) Wilderness.--The term ``Wilderness'' means the Izembek Wilderness designated by section 702(6) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 1132 note; Public Law 96-487). SEC. 4. LAND EXCHANGE REQUIRED. (a) In General.--If the State offers to convey to the Secretary all right, title, and interest of the State in and to the non-Federal land, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Use of Federal Land.--The Federal land shall be conveyed to the State for the purposes of-- (1) designating a road corridor through the Refuge; and (2) constructing a single-lane gravel road along the road corridor subject to the requirements in section 6. (c) Valuation, Appraisals, and Equalization.-- (1) In general.--The value of the Federal land and the non- Federal land to be exchanged under this section-- (A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or (B) if not equal, shall be equalized in accordance with paragraph (3). (2) Appraisals.-- (A) In general.--As soon as practicable after the date of enactment of this Act, the Secretary and State shall select an appraiser to conduct appraisals of the Federal land and non-Federal land. (B) Requirements.--The appraisals required under subparagraph (A) shall be conducted in accordance with nationally recognized appraisal standards, including-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (3) Equalization.-- (A) Surplus of federal land.--If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land to be conveyed under the land exchange under this section, the value of the Federal land and non-Federal land shall be equalized-- (i) by conveying additional non-Federal land in the State to the Secretary, subject to the approval of the Secretary; (ii) by the State making a cash payment to the United States; or (iii) by using a combination of the methods described in clauses (i) and (ii). (B) Surplus of non-federal land.--If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land to be conveyed under the land exchange under this section, the value of the Federal land and non-Federal land shall be equalized by the State adjusting the acreage of the non-Federal land to be conveyed. (C) Amount of payment.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a payment under subparagraph (A)(ii) in excess of 25 percent of the value of the Federal land conveyed. (d) Administration.--On completion of the exchange of Federal land and non-Federal land under this section-- (1) the boundary of the Wilderness shall be modified to exclude the Federal land; and (2) the non-Federal land shall be-- (A) added to the Wilderness; and (B) administered in accordance with-- (i) the Wilderness Act (16 U.S.C. 1131 et seq.); and (ii) other applicable laws. (e) Deadline.--The land exchange under this section shall be completed not later than 180 days after the date of enactment of this Act. SEC. 5. ROUTE OF ROAD CORRIDOR. The route of the road corridor shall follow the southern road alignment as described in the alternative entitled ``Alternative 2-Land Exchange and Southern Road Alignment'' in the final environmental impact statement entitled ``Izembek National Wildlife Refuge Land Exchange/Road Corridor Final Environmental Impact Statement'' and dated February 5, 2013. SEC. 6. REQUIREMENTS RELATING TO ROAD. The requirements relating to usage, barrier cables, and dimensions and the limitation on support facilities under subsections (a) and (b) of section 6403 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1180) shall apply to the road constructed in the road corridor. SEC. 7. EFFECT. The exchange of Federal land and non-Federal land and the road to be constructed under this Act (including the issuance of any permit that may be required from any Federal agency to construct the road) shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

King Cove Road Land Exchange Act This bill declares that, if the state of Alaska offers to convey to the Department of the Interior 43,093 acres of state-owned land, Interior shall convey to Alaska, in exchange, 206 acres of federal land within the Izembek National Wildlife Refuge and 131 acres of federal land within the Izembek Wilderness, for purposes of: (1) designating a road corridor through the refuge, and (2) constructing a single-lane gravel road along the road corridor. The values of the federal and nonfederal lands to be exchanged shall be equal. Interior and Alaska shall select an appraiser to conduct appraisals of the federal and nonfederal lands in accordance with nationally recognized appraisal standards. The bill requires the route of the road corridor to follow a specified southern road alignment. The bill states that the exchange of the federal and nonfederal lands and the road to be constructed under this bill (including the issuance of any permit that may be required from any federal agency to construct such road) shall not constitute a major federal action requiring environmental impact review under the National Environmental Policy Act of 1969.

King Cove Road Land Exchange Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Reinvestment and High-Tech Job Creation Act of 1993''. SEC. 2. DEFENSE CONVERSION CREDIT. (a) General Rule.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended-- (1) by striking ``and'' at the end of paragraph (2), (2) by striking the period at the end of paragraph (3) and inserting ``, and'', and (3) by adding at the end thereof the following new paragraph: ``(4) the defense conversion credit.'' (b) Defense Conversion Credit.--Section 48 of such Code is amended by adding at the end thereof the following new subsection: ``(c) Defense Conversion Credit.-- ``(1) In general.--For purposes of section 46, the defense conversion credit for any taxable year is the sum of-- ``(A) the defense conversion employment credit for the taxable year, and ``(B) the defense conversion investment credit for the taxable year. ``(2) Defense conversion employment credit.-- ``(A) In general.--The defense conversion employment credit for any taxable year is 10 percent of the qualified wages paid or incurred by a qualified employer during such year. ``(B) Qualified wages.--For purposes of this subsection-- ``(i) In general.--The term `qualified wages' means the wages (as defined in clause (ii)) paid or incurred by the qualified employer during the taxable year to, and amounts paid or incurred by the qualified employer to third parties for retraining expenses with respect to, qualified conversion employees during the period commencing on July 31, 1993, and ending on December 31, 1995 (`the qualified period'). ``(ii) Wages defined.--Except as provided in subparagraph (C)(ii), the term `wages' has the meaning given to such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section), but the amount of wages during any taxable year which may be taken into account with respect to any individual shall not exceed 25 percent of the wages (determined without regard to this subsection) paid to such individual during such taxable year or portion thereof included within the qualified period. ``(iii) Retraining expenses.--The term `retraining expenses' includes all amounts paid or incurred with respect to educational or training programs in which a qualified conversion employee participates to learn or improve skills necessary or useful to such employee's employment in the qualified employer's nondefense-related business. ``(C) Qualified conversion employees.-- ``(i) In general.--For purposes of this subsection, the term `qualified conversion employees' means an employee of a qualified employer who had been employed by the qualified employer or another employer in a defense- related business and who is employed by the qualified employer in a nondefense-related business during the taxable year. ``(ii) Proration in case of dual employment.--If a qualified conversion employee is employed by the qualified employer in both a defense-related business and a nondefense- related business during the taxable year, only the portion of the employee's wages properly allocable to employment in the nondefense- related business shall be treated as `wages' for purposes of subparagraph (B)(ii). ``(D) Qualified employer.--For purposes of this paragraph, a qualified employer is an employer which is engaged in a qualified business (as defined in paragraph (3)(D)). ``(3) Defense conversion investment credit.-- ``(A) In general.--The defense conversion investment credit for any taxable year is the applicable percentage of the qualified conversion investment by a qualified business during the taxable year. ``(B) Applicable percentage.--For purposes of this paragraph-- ``(i) In general.--The applicable percentage shall be 7 percent for all taxable years ending after December 31, 1992, and on or before December 31, 1994, and shall be 5 percent for all taxable years ending after December 31, 1994, and on or before December 31, 1999. ``(ii) Incremental employment incentive percentage.--The applicable percentage shall be 10 percent for any taxable year ending after December 31, 1992, and on or before December 31, 1994, and shall be 8 percent for any taxable year ending after December 31, 1994, and on or before December 31, 1999, if in such year the number of employees of the qualified business increases 4 percent or more over the average number of employees of the qualified business during the 3 preceding years (the `qualifying increase'). ``(iii) Recapture in case of decreased employment.--If a qualified business claims the benefit of the incremental employment incentive percentage under clause (ii), and its average employment during any of the 3 years following the year in which the benefit of the increased percentage was claimed falls below the qualifying increase level (a `disqualifying decrease'), the qualified business shall increase its tax liability for the year during which the disqualifying decrease occurred by the difference between the credit to which it would have been entitled under clause (i) and the credit claimed under clause (ii). ``(C) Qualified conversion investment.--For purposes of this paragraph-- ``(i) In general.--The term `qualified conversion investment' means the costs paid or incurred by a qualified business during the taxable year for the purpose of acquiring, constructing, creating, or developing any tangible or intangible assets, in connection with the conduct of the qualified business' nondefense-related business, except that such term shall not include direct production costs of any property held by the qualified business for sale to customers in the ordinary course of its trade or business. ``(ii) Intangible assets.--The term `intangible assets' includes all `intangible property' as defined in section 936(h)(3)(B) (other than literary, musical or artistic compositions) and specifically includes processes and products, models, and prototypes. ``(D) Qualified business.--For purposes of this subsection and pursuant to regulations to be prescribed by the Secretary-- ``(i) In general.--The term `qualified business' means any corporation, partnership, or sole proprietorship or separate unit thereof in existence on January 1, 1993, which derived a substantial portion of its gross receipts or incurred a substantial portion of its gross costs during the 5 years preceding January 1, 1993, from 1 or more defense-related businesses, and which derives a significant portion of its gross receipts from (or incurs a significant amount of costs in acquiring or developing) 1 or more nondefense-related businesses during the taxable year. ``(ii) Defense-related business.--A `defense-related business' is an activity in connection with the development or production (pursuant to a contract or subcontract) of any property designed, modified, or equipped for military purposes (including NASA). ``(iii) Nondefense-related business.--A `nondefense-related business' is any activity in connection with the development or production of any property not designed, modified, or equipped for military purposes which uses a significant portion of assets and employees which had been employed in a defense- related business.'' (c) Accelerated Depreciation of Excess Defense Conversion Property.-- (1) Subsection (b)(3) of section 168 of such Code is amended by adding at the end thereof the following new subparagraph: ``(F) Property described in subsection (e)(3)(B)(vii).'' (2) Subsection (e)(3)(B) of section 168 of such Code is amended by striking ``and'' at the end of clause (v), by striking the period at the end of clause (vi) and inserting ``, and'', and by adding at the end thereof the following new clause: ``(vii) any qualifying excess defense conversion property.'' (3) Subsection (i) of section 168 of such Code is amended by adding at the end thereof the following new paragraph: ``(14) Qualifying excess defense conversion property.-- ``(A) The term `qualifying excess defense conversion property' means, with respect to property owned or leased by the taxpayer and otherwise subject to depreciation under this section and which is `excess defense conversion property' (as defined in subparagraph (B)), the basis of property (or the portion thereof) constituting excess defense conversion property owned by the taxpayer or the total discounted cost of lease obligations during the remaining term of the lease applicable to excess conversion property leased by the taxpayer. ``(B) The term `excess defense conversion property' means property that-- ``(i) has been used by the taxpayer in a defense-related business (as defined in section 48(c)(3)(D)); and ``(ii) is not being used in the taxable year, and is not reasonably expected to be used in the foreseeable future, in a defense-related business. ``(C) Any deductions claimed by a taxpayer with respect to property reported on its return as qualifying excess defense conversion property and which is later determined as not constituting excess defense conversion property shall be recaptured at the rate of 150 percent of the deductions so claimed. ``(D) For purposes of this section, the amount of the property's basis constituting qualifying excess defense conversion property shall be considered to be placed in service on the first day of the taxable year in which the property is determined to constitute qualifying excess defense conversion property.'' (d) Effective Date.--The amendments made by this section shall take effect on July 31, 1993.

Defense Reinvestment and High-Tech Job Creation Act of 1993 - Amends the Internal Revenue Code to allow a tax credit for defense conversion equal to the defense conversion employment credit (ten percent of wages paid by an employer) and the defense conversion investment credit (applicable percentage of a qualified business investment). Makes qualified excess defense conversion property eligible for the straight-line depreciation method and classifies it as five-year depreciable property.

Defense Reinvestment and High-Tech Job Creation Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Cancer Care Preservation Act''. SEC. 2. MEDICARE PAYMENT FOR DRUGS AND BIOLOGICALS. (a) In General.--Section 1842(o)(1) of the Social Security Act (42 U.S.C. 1395u(o)(1)) is amended by striking ``95 percent of the average wholesale price'' and inserting ``the payment amount specified in section 1834(n)(2)''. (b) Determination of Payment Amount.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(n) Payment for Drugs and Biologicals.-- ``(1) Reports by manufacturers.-- ``(A) In general.--Every drug manufacturer shall report to the Secretary, in the manner prescribed in this paragraph, its average sales price (as defined in subparagraph (B)) in the United States during each calendar quarter for drugs and biologicals covered under this part. ``(B) Definitions.--For purposes of this subsection-- ``(i) the term `manufacturer' means, with respect to a drug or biological, the entity identified by the Labeler Code portion of the National Drug Code of such drug or biological; and ``(ii) the term `average sales price' means the weighted average of all final sales prices to all purchasers, excluding sales specified in subparagraph (C). In determining such average sales prices, such prices shall be net of volume discounts, chargebacks, short- dated product discounts, free goods contingent on purchases, rebates (other than those made or authorized under section 1927), and all other price concessions that result in a reduction of the ultimate cost to the purchaser. ``(C) Consideration in calculation of average sales prices.--The calculation of average sales price under this subsection shall not include-- ``(i) prices that are excluded from the calculation of `best price' under section 1927(c)(1)(C); ``(ii) prices offered to entities that are considered under subparagraph (B)(i) to be the manufacturers of the drugs or biologicals involved; ``(iii) prices offered by a manufacturer to a hospital, nursing facility, hospice, or health maintenance organization; ``(iv) prices to governmental entities; and ``(v) nominal prices offered to bona fide charitable organizations. ``(D) Quarterly reports.--Each manufacturer shall submit the report required by subparagraph (A) to the Secretary by electronic means no later than 30 days after the end of a calendar quarter with respect to sales that occurred during such quarter. The Secretary shall prescribe the format and other requirements for the report. ``(E) Enforcement.-- ``(i) Failure to timely report.--The Secretary may impose a civil monetary penalty in an amount not to exceed $100,000 on a manufacturer that fails to provide the information required under this paragraph on a timely basis and in the manner required. ``(ii) False information.--For each item of false information, the Secretary may impose a civil money penalty in an amount not to exceed $100,000 on a manufacturer that knowingly provides false information under this paragraph. ``(iii) Manner of imposition of civil monetary penalties.--The provisions in section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(F) Confidentiality of information.-- Notwithstanding any other provision of law, information disclosed by manufacturers under this paragraph is confidential and shall not be disclosed by the Secretary in any form other than as specifically authorized by this subsection. ``(2) Calculation of payment amount.-- ``(A) In general.--Except as otherwise provided in this paragraph, the payment amount for a drug or biological furnished during a calendar quarter shall be 120 percent of the average sales price of the drug or biological for the second preceding calendar quarter as determined under paragraph (1). ``(B) Methodology.--In determining payment amounts under subparagraph (A), the Secretary may, in the Secretary's discretion, use either the average sales price for each drug or biological by specific drug or biological, or a cumulative average sales price based on sales data for all versions of a multiple-source drug that the Secretary, acting through the Food and Drug Administration, has determined are therapeutically equivalent (as evidenced by `A' ratings in the publication Approved Drug Products with Therapeutic Equivalence Evaluations). ``(C) Increase to reflect additional costs attributable to state and local taxes.--In the case of a drug or biological that was subject to a State or local sales tax or gross receipts tax when administered or dispensed, the payment amount determined under subparagraph (A) shall be increased by the amount of such tax paid with respect to such drug or biological. ``(D) Substitution of higher payment amount.--If a physician's, supplier's, or any other person's claim for payment for services under this Act documents that the price paid for a drug or biological was greater than the payment amount determined under subparagraph (A), the actual amount paid shall be substituted for the payment amount determined under subparagraph (A), unless the Secretary determines that the actual amount paid was unreasonable under the circumstances. ``(E) Increase for bad debt and certain other costs.--Upon the submission of supporting information, the Secretary shall make an additional payment to a physician or supplier to cover-- ``(i) uncollectible deductibles and coinsurance due from Medicare beneficiaries with respect to drugs and biologicals furnished to such beneficiaries; and ``(ii) costs incurred in procuring and billing for drugs and biologicals furnished to Medicare beneficiaries.''. SEC. 3. MEDICARE PAYMENT FOR DRUG ADMINISTRATION SERVICES. (a) General.--The Secretary of Health and Human Services (hereafter in this Act referred to as ``the Secretary'') shall revise the practice expense relative value units for drug administration services for years beginning with the year 2005 in accordance with this section. For purposes of this section, ``drug administration services'' includes chemotherapy administration services, therapeutic and diagnostic infusions and injections, and such other services as the Secretary specifies. (b) Direct Costs Equal to 100 Percent of CPEP Estimates.--Using the information, including estimates of clinical staff time, developed in the clinical practice expert panel process, including refinements by American Medical Association committees, the Secretary shall estimate the costs of the nursing and other clinical staff, supplies, and procedure-specific equipment (exceeding a cost specified by the Secretary) used in furnishing each type of drug administration service. The Secretary shall utilize without revision the minutes of clinical staff time determined in such process. The Secretary shall convert the information from such process to estimated costs by applying the most current available data on staff salary, supply, and equipment costs, and such costs shall be updated to 2005 based on estimated changes in prices since the date of such data. (c) Total Practice Expenses.--The Secretary shall estimate the total practice expenses of each drug administration service by assuming that the direct costs for the service determined under subsection (b) are 33.2 percent of such total practice expenses. (d) Conversion to Relative Value Units.--The Secretary shall convert the total practice expenses determined under subsection (c) to practice expense relative value units for each drug administration service by dividing such expenses by the conversion factor that will be in effect for the physician fee schedule for 2005. The relative value units as so determined shall be used in determining the fee schedule amounts paid for drug administration services under section 1848 of the Social Security Act (42 U.S.C. 1395w-4). (e) Updates.--For years after 2005, the relative values determined under subsection (d) shall continue in effect except that the Secretary shall revise them as necessary to maintain their accuracy, provided that such revisions are consistent with the methodology set forth in this section. (f) Multiple Pushes.--In establishing the payment amounts under this section, the Secretary shall establish the payment amount for intravenous chemotherapy administration by push technique based on the administration of a single drug. The Secretary shall make the same payment for each additional drug administered by push technique during the same encounter, except to the extent that the Secretary finds that the cost of administering additional drugs is less than the cost of administering the first drug. SEC. 4. PAYMENTS FOR CHEMOTHERAPY SUPPORT SERVICES. (a) General.--Beginning in the year 2005, the Secretary shall recognize and make payments under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for chemotherapy support services furnished incident to physicians' services. For the purposes of this section, ``chemotherapy support services'' are services furnished by the staff of physicians to patients undergoing treatment for cancer that were not included in the computation of clinical staff costs under section 3(b). Such services include social worker services, nutrition counseling, psychosocial services, and similar services. (b) Direct Costs.--The Secretary shall estimate the cost of the salary and benefits of staff furnishing chemotherapy support services as they are provided in oncology practices that furnish these services to cancer patients in a manner that is considered to be high quality care. The estimate shall be based on the weekly cost of such services per patient receiving chemotherapy. (c) Total Costs.--The Secretary shall estimate the total practice expenses of chemotherapy support services by assuming that the direct costs for the service determined under subsection (b) are 33.2 percent of such total practice expenses. (d) Conversion to Relative Value Units.--The Secretary shall convert the total practice expenses determined under subsection (c) to practice expense relative value units for chemotherapy support services by dividing such expenses by the conversion factor that will be in effect for the physician fee schedule for 2005. The relative value units as so determined shall be used in determining the fee schedule amounts paid for chemotherapy support services under such section 1848. (e) Updates.--For the years after 2005, the relative values determined under subsection (d) shall continue in effect except that the Secretary shall revise them as necessary to maintain their accuracy, provided that such revisions are consistent with the methodology set forth in this section. SEC. 5. CANCER THERAPY MANAGEMENT SERVICES. The Secretary shall recognize and establish a payment amount for the service of cancer therapy management to account for the greater pre-service and post-service work associated with visits and consultations conducted by physicians treating cancer patients compared to typical visits and consultations. The payment amount may vary by the level and type of the related visit or consultation. SEC. 6. OTHER SERVICES WITHOUT PHYSICIAN WORK RELATIVE VALUE UNITS. The Secretary shall develop a revised methodology for determining the payment amounts for services that are paid under the fee schedule established by section 1848 of the Social Security Act (42 U.S.C. 1395w-4) and that do not have physician work relative value units, including radiation oncology services. Such methodology shall result in payment amounts that fully cover the costs of furnishing such services. Until such time as the methodology for such services is revised and implemented, all such services shall be protected from further payment cuts due to factors such as shifts in utilization or removal of any one specialty's services that are paid under the fee schedule established by such section 1848 and that do not have physician work relative value units. SEC. 7. PHYSICIAN SUPERVISION OF SERVICES. Section 1834 of the Social Security Act (42 U.S.C. 1395m), as amended by section 2, is further amended by adding at the end the following new subsection: ``(o) Supervision Requirements.--If the Secretary requires direct supervision of a service by a physician, that supervision requirement may be fulfilled by one or more physicians other than the physician who ordered the service. If the supervising physician is different from the ordering physician for a particular service, the ordering physician may nevertheless bill for such service provided that the medical records for the service involved identify the supervising physician or physicians.''. SEC. 8. REPORT TO CONGRESS. No later than April 1, 2004, the Secretary shall submit to Congress a report on the payment amounts that are projected to be adopted under sections 2, 3, 4, and 5 of this Act. SEC. 9. INSTITUTE OF MEDICINE STUDY. (a) General.--The Secretary of Health and Human Services shall request the Institute of Medicine to conduct the study described in this section. (b) Baseline Study.--The first phase of the study shall include the following objectives: (1) An assessment of the extent to which the current Medicare payment system, prior to implementation of the amendments made by this Act, facilitates appropriate access to care by cancer patients in the various treatment settings. (2) The identification of the comprehensive range of services furnished to cancer patients in the outpatient setting, including support services such as psychosocial services and counseling, and recommendations regarding the types of services that ought to be furnished to Medicare patients with cancer. (3) A discussion of the practice standards necessary to assure the safe provision of services to cancer patients. (4) An analysis of the extent to which the current Medicare payment system supports the role of nurses in the provision of oncology services and recommendations for any necessary improvements in the payment system in that respect. (5) The development of a framework for assessing how the amendments made by this act affect the provision of care to Medicare patients with cancer in the various treatment settings. (c) Second Phase of Study.--After the implementation of the amendments made by this Act, the study shall determine whether and how those amendments affected the provision of care to Medicare patients with cancer. (d) Consultation.--The Institute of Medicine shall consult with the National Cancer Policy Board and organizations representing cancer patients and survivors, oncologists, oncology nurses, social workers, cancer centers, and other healthcare professionals who treat cancer patients in planning and carrying out this study. (e) Due Dates.-- (1) The study required by subsection (b) shall be submitted to the Congress and the Secretary of Health and Human Services no later than June 30, 2004. (2) The study required by subsection (c) shall be submitted to the Congress and the Secretary of Health and Human Services no later than December 31, 2006. SEC. 10. EFFECTIVE DATES. (a) General.--Except as provided in this section, the provisions of this Act shall apply to drugs, biologicals, and services furnished on or after January 1, 2005. (b) Reports From Manufacturers.--The first report by manufacturers required by the provisions of section 2 shall be submitted no later than October 30, 2004, with respect to sales that occurred in the quarter ending September 30, 2004. (c) Supervision of Services.--The amendment made by section 7 shall be effective upon enactment. (d) Services Other Than Drug Administration.--The Secretary shall implement the requirements of section 6 no later than January 1, 2005.

Quality Cancer Care Preservation Act - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act (SSA) to revise the payment amount for covered drugs and biologicals furnished during a calendar quarter that are not paid on a cost or prospective payment basis. Changes such amount from 95 percent of the average wholesale price to 120 percent of the average sales price of the drug or biological for the second preceding calendar quarter. Requires drug manufacturers to report average sales prices each calendar quarter for covered drugs and biologicals.Directs the Secretary of Health and Human Services to: (1) revise the practice expense relative value units for drug administration services (including chemotherapy administration services) in accordance with this Act to determine the units to be used in determining the fee schedule amounts paid for drug administration services under the Medicare program; (2) recognize and make payments under Medicare for chemotherapy support services furnished incident to physicians' services; (3) recognize and establish a payment amount for the service of cancer therapy management to account for the greater pre-service and post-service work associated with visits and consultations conducted by physicians treating cancer patients compared to typical visits and consultations; and (4) develop a revised methodology for determining the payment amounts for services that are paid under the Medicare fee schedule and that do not have physician work relative value units, including radiation oncology services.Amends SSA title XVIII to provide that if the Secretary requires direct supervision of a service by a physician, that supervision requirement may be fulfilled by one or more physicians other than the physician who ordered the service.

A bill to amend title XVIII of the Social Security Act and otherwise revise the Medicare Program to reform the method of paying for covered drugs, drug administration services, and chemotherapy support services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Making Education Affordable Act''. SEC. 2. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS. Part B of title VII of the Higher Education Act of 1965 (20 U.S.C. 1138 et seq.) is amended-- (1) by redesignating section 745 as section 746; (2) in section 746, as redesignated by paragraph (1), by striking ``fiscal year 2009'' and inserting ``fiscal year 2018''; and (3) by inserting after section 744 the following: ``SEC. 745. CREDIT-BASED ACADEMIC TRANSITION PROGRAMS. ``(a) Purpose.--The purpose of this section is to expand access for high school students to the opportunities offered in credit-based academic transition programs established through partnerships between high schools and institutions of higher education utilizing dual or concurrent enrollment programs or early college high school programs that enable such students to earn college credits while in high school. ``(b) Eligible Institution.--In this section, the term `eligible institution' means an institution of higher education that carries out a dual or concurrent enrollment program or an early college high school program that enables high school students to earn college credits while in high school. ``(c) Grants Authorized.--The Secretary may award grants to eligible institutions to carry out credit-based academic transition programs described in subsection (a). ``(d) Application.--An eligible institution that desires to receive a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible institutions that serve students from low-income families, students from rural communities, or students who are the first in their family to receive postsecondary education. ``(f) Use of Funds.--An eligible institution that receives a grant under this section shall use the grant funds-- ``(1) to carry out a dual or concurrent enrollment program or an early college high school program for high school students, through which such students while enrolled in high school are enrolled in postsecondary courses at the eligible institution, through which such students can earn college credits that can be transferred to 2-year and 4-year institutions of higher education in the State; ``(2) to provide teachers, principals, and other school leaders with professional development activities that enhance or enable the provision of postsecondary coursework through a dual or concurrent enrollment program or an early college high school program; and ``(3) to support activities such as-- ``(A) designing the curriculum and sequence of courses in collaboration with teachers from the local educational agency and faculty from the eligible institution; ``(B) establishing a course articulation process for defining and approving courses for high school and postsecondary credit or credentials for both 2-year and 4-year institutions of higher education in the State; ``(C) outreach programs to provide elementary school and secondary school students, especially those in middle grades, and their parents, teachers, school counselors, and principals information about and academic preparation for the credit-based academic transition programs described in subsection (a); ``(D) helping students meet eligibility criteria for postsecondary courses and ensuring that students understand how credits earned will transfer to institutions of higher education in the State; and ``(E) coordinating secondary and postsecondary support services and academic calendars. ``(g) Flexibility of Funds.--An eligible institution that receives a grant under this section may use grant funds for any of the costs associated with carrying out credit-based academic transition programs described in subsection (a), including the costs of-- ``(1) tuition and fees, books, and required instructional materials for such program so that students will not be required to pay tuition or fees for postsecondary courses; and ``(2) transportation to and from such program. ``(h) Evaluation and Report.--Each eligible institution receiving a grant under this section shall-- ``(1) conduct an independent evaluation of the effectiveness of the activities carried out by such eligible institution under this section; and ``(2) prepare and submit to the Secretary a report containing the results of the evaluation described in paragraph (1). ``(i) Rule of Construction.--Nothing in this section shall be construed to impose on any State or public institution of higher education any requirement or rule regarding credit-based academic transition programs described in subsection (a) that is inconsistent with State law.''.

Making Education Affordable Act This bill amends title VII (Graduate and Postsecondary Improvement Programs) of the Higher Education Act of 1965 to reauthorize through FY2018 the Fund for the Improvement of Postsecondary Education (FIPSE) program. The bill also authorizes new grants under the FIPSE program. Specifically, the Department of Education may award grants to institutions of higher education for dual or concurrent enrollment programs or early college high school programs that allow high school students to earn college credits.

Making Education Affordable Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pesticide Maintenance Fees Reauthorization Act''. SEC. 2. MAINTENANCE FEE. (a) Amounts for Registrants.--Section 4(i)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)) is amended-- (1) in subparagraph (A), by striking ``each year'' and all that follows and inserting ``each year $2,300 for each registration''; (2) in subparagraph (D)-- (A) in clause (i), by striking ``$55,000'' and inserting ``$70,000''; and (B) in clause (ii), by striking ``$95,000'' and inserting ``$120,000''; and (3) in subparagraph (E)(i)-- (A) in subclause (I) by striking ``$38,500'' and inserting ``$46,000''; and (B) in subclause (II), by striking ``$66,500'' and inserting ``$80,000''. (b) Total Amount of Fees.--Section 4(i)(5)(C) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(a)- 1(i)(5)(C)) is amended-- (1) by striking ``(C)(i) The'' and inserting the following: ``(C) Total amount of fees.--The''; (2) by striking ``$14,000,000 each fiscal year'' and inserting ``$20,000,000 for each of fiscal years 2002 through 2006''; and (3) by striking clause (ii). (c) Definition of Small Business.--Section 4(i)(5)(E)(ii) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a- 1(i)(5)(E)(ii)) is amended-- (1) in subclause (I), by striking ``150'' and inserting ``500''; and (2) in subclause (II), by striking ``gross revenue from chemicals that did not exceed $40,000,000'' and inserting ``global gross revenue from pesticides that did not exceed $60,000,000''. (d) Extension of Authority.--Section 4(i)(5)(H) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H)) is amended by striking ``2001'' and inserting ``2006''. SEC. 3. OTHER FEES. Section 4(i)(6) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(6)) is amended by striking ``2001'' and inserting ``2006''. SEC. 4. EXPEDITED PROCESSING OF SIMILAR APPLICATIONS. Section 4(k)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(k)(3)) is amended-- (1) in the paragraph heading, by striking ``Expedited'' and inserting ``Review of inert ingredients; expedited''; and (2) in subparagraph (A)-- (A) by striking ``1997 through 2001, not more than'' and inserting ``2002 through 2006,''; (B) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and adjusting the margins appropriately; and (C) by striking ``assure the expedited processing and review of any applicant that'' and inserting the following: ``(i) review and evaluate inert ingredients; and ``(ii) ensure the expedited processing and review of any application that--''. SEC. 5. PESTICIDE TOLERANCE PROCESSING FEES. Section 408(m)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(1)) is amended-- (1) by striking ``The Administrator'' and inserting the following: ``(A) In general.--The Administrator''; (2) by striking ``Under the regulations'' and inserting the following: ``(B) Inclusions.--Under the regulations''; (3) by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively, and adjusting the margins appropriately; (4) by striking ``The regulations may'' and inserting the following: ``(C) Waiver; refund.--The regulations may''; and (5) by adding at the end the following: ``(D) Tolerance processing fees.-- ``(i) In general.--Except as provided in clause (ii), during the period beginning on the date of enactment of this subparagraph and ending on September 30, 2006, the Administrator shall not promulgate regulations addressing pesticide tolerance processing fees. ``(ii) Exception for current fee schedule.--The Administrator may annually promulgate regulations to implement changes in the amounts in the schedule of pesticide tolerance processing fees in effect on the date of enactment of this subparagraph by the same percentage as the annual adjustment to the Federal General Schedule pay scale under section 5303 of title 5, United States Code.''.

Pesticide Maintenance Fees Authorization Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act, with respect to the pesticide registration maintenance fee system, to: (1) make uniform the amount of the annual fee for each registration; (2) set maximum amounts payable by a registrant and an increased aggregate amount of collected fees for FY 2002 through 2006; (3) expand the definition of a small business; and (4) extend the authority to collect such fees and the prohibition on levy of fees other than those specified in the Act's fee provisions.Extends the requirement that the Administrator of the Environmental Protection Agency use maintenance fees to ensure expedited processing of similar applications and adds a requirement that the fees be used to review inert ingredients.Amends the Federal Food, Drug, and Cosmetic Act to prohibit the Administrator, through FY 2006, from promulgating regulations addressing pesticide tolerance processing fees (except those changing current fee amounts by the same percentage as the annual adjustment to the Federal General Schedule pay scale).

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to extend and improve the collection of maintenance fees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Burma Human Rights and Democracy Act of 2014''. SEC. 2. ASSISTANCE FOR THE GOVERNMENT OF BURMA. (a) Limitation.-- (1) In general.--No funds authorized to be appropriated or otherwise made available for fiscal year 2014 or 2015 may be made available for security assistance described in paragraph (2) to the Government of Burma unless the Secretary of State certifies to the appropriate congressional committees that-- (A) the Government of Burma has taken concrete steps toward-- (i) establishing civilian oversight of the armed forces; (ii) addressing human rights abuses by the Burmese military, including publicly acknowledging that human rights abuses have been and continue to be committed by the Burmese military, and committing to a zero tolerance policy against such human rights abuses; and (iii) terminating military relations with North Korea; (B) the Government of Burma has taken concrete steps to establish a fair, transparent and inclusive process to amend the Constitution of Burma, including the full participation of the political opposition and all ethnic minority groups, and the constitutional reform process will provide the basis for free, fair, and competitive elections in Burma; (C) the Government of Burma has amended its constitution and laws to ensure civilian control of the military and implemented reforms to increase the transparency and accountability of the military's budget and operations, and the Burmese military has taken substantial and meaningful steps to divest itself from ownership of commercial businesses; (D) the Government of Burma is showing meaningful and well-documented efforts to promote peace agreements or political reconciliation and equal and fair treatment of all ethnic groups in conflict areas or areas of unrest, and to actively address the resettlement and humanitarian situation of displaced persons; and (E) the Burmese military is-- (i) improving its human rights record, as measured by consistent decreases in reports of forced labor, indefinite detention, torture, or cruel, inhumane, and degrading treatment of detainees, and use in armed conflict of indiscriminate or disproportionate methods and means of attack; (ii) demonstrating a genuine interest in reform by ceasing attacks against ethnic minority groups in both ceasefire and non- ceasefire areas; (iii) taking steps to withdraw forces from conflict zones, including by halting the use of soldiers in economic development projects; (iv) adhering to the conditions of ceasefire agreements; and (v) signing and implementing a code of conduct. (2) Definition.--In this subsection, the term ``security assistance'' means-- (A) assistance under chapter 2 (military assistance), chapter 5 (military education and training), or chapter 6 (peacekeeping operations) of part II of the Foreign Assistance Act of 1961; (B) assistance under chapter 8 of part II of the Foreign Assistance Act of 1961, chapter 9 of part II of such Act, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act, or the Foreign Assistance Act of 1961 for demining programs and activities to be carried out by or in conjunction with military units or personnel of a foreign country; (C) sales of defense articles or defense services, extensions of credits (including participations in credits), and guaranties of loans under the Arms Export Control Act; or (D) any license in effect with respect to the export of defense articles or defense services to or for the armed forces, police, intelligence, or other internal security forces of Burma under section 38 of the Arms Export Control Act. (3) Applicability to fy 2014 funds.--The limitation on the availability of funds under this subsection for fiscal year 2014 shall apply with respect to funds that are unobligated as of the date of the enactment of this Act. (4) Sense of congress.--Nothing in this Act should be construed either to prevent participation by Burmese authorities in training on civil-military relations and human rights, as carried out by the Defense Institute of International Legal Studies, or to prevent United States disaster assistance in Burma. (b) Report.-- (1) In general.--Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the strategy for, and plans and status of, engagement between the United States and the Burmese military. (2) Elements.--The report required under paragraph (1) shall include the following elements: (A) A description and assessment of the Government of Burma's strategy for security sector reform, an identification and comprehensive analysis of those reform elements that the United States Government should support, and a multi-year cost estimate for providing such support. (B) The United States strategy for the relationship between the United States and the Burmese military, including a description of how and why such engagements are necessary for United States national security. (C) An assessment of the human rights record of the Burmese military over the past decade, including-- (i) an account of violations of human rights and laws of armed conflict by the Burmese military and all paramilitary and security forces under its command, including against ethnic minority groups; (ii) a description of efforts by the Burmese military to implement human rights reforms; and (iii) a description of progress in the relationship between the United States and the Burmese military and such reforms. (D) An assessment of any substantial and meaningful steps taken by the Burmese military to implement reforms to increase transparency and accountability of the military's budget and operations and to divest itself from ownership of commercial business. (E) A list of ongoing activities conducted by the United States Government and other international donors with the Burmese military, including a description of each such activity. (F) An update on activities that were listed in previous reporting. (G) A list of activities that are planned to occur over the upcoming year, with a written description of each. (H) A description of progress on the peaceful settlement of armed conflicts between the Government of Burma and ethnic minority groups, including the steps taken by the Burmese military to demonstrate respect for ceasefires, laws of armed conflict, and human rights provisions prohibiting rape, torture, forced labor, trafficking, and the use of child soldiers. (I) A description of the concrete steps the Government of Burma has taken-- (i) to establish a fair, transparent, and inclusive process to amend the Constitution of Burma; (ii) to promote peace agreements or political reconciliation and equal and fair treatment of all ethnic groups in conflict areas or areas of unrest; and (iii) to actively address the resettlement and humanitarian situation of displaced persons. (J) An assessment of the status of the Burmese military's cooperation with civilian authorities to investigate and resolve cases of human rights violations. (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex as necessary. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

Burma Human Rights and Democracy Act of 2014 - Prohibits FY2014 or FY2015 funds from being made available for security assistance to the government of Burma unless the Secretary of State certifies to Congress that: (1) Burma has taken steps toward establishing civilian oversight of the armed forces, addressing human rights abuses by the military, and terminating military relations with North Korea; (2) Burma has taken steps to establish a fair and inclusive process to amend the Constitution of Burma, including the full participation of the political opposition and ethnic minority groups; (3) Burma has amended its constitution and laws to ensure civilian control of the military; (4) Burma is promoting peace agreements or political reconciliation and is addressing the resettlement and humanitarian situation of displaced persons; and (5) the Burmese military is improving its human rights record, taking steps to withdraw forces from conflict zones, and implementing a code of conduct. States that nothing in this Act should be construed to prevent participation by Burmese authorities in training on civil-military relations and human rights, as carried out by the Defense Institute of International Legal Studies, or to prevent U.S. disaster assistance in Burma. Directs the Secretary of State to report annually to Congress on the status of military-to-military engagement between the U.S. Armed Forces and the Burmese military.

Burma Human Rights and Democracy Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Health Professionals Education Debt Reduction Act''. SEC. 2. PROGRAM OF ASSISTANCE IN THE PAYMENT OF EDUCATION DEBTS INCURRED BY CERTAIN VETERANS HEALTH ADMINISTRATION EMPLOYEES. (a) Program.--(1) Chapter 76 of title 38, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VI--EDUCATION DEBT REDUCTION PROGRAM ``Sec. 7661. Authority for program ``(a) The Secretary may carry out an education debt reduction program under this subchapter. The program shall be known as the Department of Veterans Affairs Education Debt Reduction Program (hereafter in this subchapter referred to as the `Education Debt Reduction Program'). The purpose of the program is to assist personnel serving in health-care positions in the Veterans Health Administration in reducing the amount of debt incurred by such personnel in completing educational programs that qualify such personnel for such service. ``(b) Such assistance shall be in addition to the assistance available to individuals under the Educational Assistance Program established under this chapter. ``Sec. 7662. Eligibility; application ``(a) An individual eligible to participate in the Education Debt Reduction Program is any individual (other than a physician or dentist)-- ``(1) who is serving in a position in the Veterans Health Administration under an appointment under section 7402(b) of this title; and ``(2) who owes-- ``(A) any amount of principal or interest under a loan the proceeds of which were used by or on behalf of the individual to pay costs relating to a course of education or training at a qualifying educational institution which course led to a degree that qualified the individual for a position referred to in paragraph (1); or ``(B) any amount of principal or interest under a loan the proceeds of which are being used by or on behalf of the individual to pay costs relating to a course of education or training at a qualifying educational institution which course leads to a degree that qualifies the individual for such a position. ``(b) Any eligible individual seeking to participate in the Education Debt Reduction Program shall submit an application to the Secretary relating to such participation. ``Sec. 7663. Preference for assistance ``In selecting individuals for assistance under the Education Debt Reduction Program, the Secretary shall give preference to the following: ``(1) Individuals who have completed or are engaged in, as the case may be, a two-year or four-year course of education or training at an undergraduate institution leading to a degree that qualified or qualifies, as the case may be, the individuals for a position referred to in section 7662(a)(1) of this title. ``(2) Individuals who serve in the Veterans Health Administration-- ``(A) in areas in which the recruitment or retention of an adequate supply of qualified health- care personnel is difficult (as determined by the Secretary); or ``(B) in positions for which the recruitment or retention of such a supply of such personnel is difficult (as so determined). ``Sec. 7664. Amount of assistance ``(a) Subject to subsection (b), the Secretary may pay to an individual selected to receive assistance under the Education Debt Reduction Program an amount not to exceed $4,000 (adjusted in accordance with section 7631 of this title) for each full year served by the individual in a position in the Veterans Health Administration under section 7402(b) of this title (other than a position referred to in paragraph (1) or (2) of such section) after the date of such individual's selection. ``(b)(1) An individual may receive assistance under the Education Debt Reduction Program only to assist the individual in paying amounts (including principal and interest) owed by the individual under a loan referred to in section 7662(a)(2) of this title. ``(2) An individual may receive assistance under the Education Debt Reduction Program for a year if-- ``(A) the individual serves for the full year in a position referred to in subsection (a); and ``(B) maintains an acceptable level of performance during such service. ``(3) The total amount of assistance received by an individual under the Education Debt Reduction Program may not exceed $12,000 (adjusted in accordance with section 7631 of this title).''. (2) The table of sections at the beginning of such chapter is amended by adding at the end thereof the following: ``SUBCHAPTER VI--EDUCATION DEBT REDUCTION PROGRAM ``7661. Authority for program. ``7662. Eligibility; application. ``7663. Preference for assistance. ``7664. Amount of assistance.''. (b) Conforming Amendments.--Section 7631 of title 38, United States Code, is amended-- (1) in subsection (a), by striking out ``and the maximum Selected Reserve member stipend amount'' and inserting in lieu thereof ``the maximum Selected Reserve stipend amount, and the education debt reduction amount and limitation''; and (2) in subsection (b)-- (A) by redesignating paragraph (4) as paragraph (5); and (B) by inserting after paragraph (3) the following new paragraph (4): ``(4) The term `education debt reduction amount and limitation' means the maximum amount of assistance, and the limitation applicable to such assistance, for a person receiving assistance under subchapter VI of this chapter, as specified in section 7663 of this title and as previously adjusted (if at all) in accordance with this subsection.''. (c) Regulations.--The Secretary of Veterans Affairs shall prescribe regulations necessary to carry out the Education Debt Reduction Program established under subchapter VI of chapter 76 of title 38, United States Code (as added by subsection (a)). The Secretary shall prescribe such regulations not later than 90 days after the date of the enactment of this Act. (d) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the effectiveness of the Education Debt Reduction Program and the Department of Veterans Affairs Health Professional Scholarship Program established under subchapter II of chapter 76 of title 38, United States Code, in assisting the Secretary in the recruitment and retention of qualified health-care professionals for positions in the Veterans Health Administration. (e) Authorization of Appropriations.--(1) There is authorized to be appropriated for the Department of Veterans Affairs $10,000,000 for each of fiscal years 1994 through 1998 to carry out the Education Debt Reduction Program. (2) No funds may be used to provide assistance under the program unless expressly provided for in an appropriation Act. (f) Exemption from Limitation.--Section 523(b) of the Veterans Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 7601 note) shall not apply to the Education Debt Reduction Program.

Department of Veterans Affairs Health Professionals Education Debt Reduction Act - Authorizes the Secretary of Veterans Affairs to carry out the Department of Veterans Affairs Education Debt Reduction Program to assist Department health-care personnel serving in the Veterans Health Administration in reducing the amount of debt incurred in completing educational programs that qualify such personnel for such service. Makes eligible for such Program any individual other than a physician or dentist serving in a Department health care position and having an outstanding health education loan from a qualified educational institution. Provides certain assistance preferences. Limits the assistance to $4,000 for each full year served in a Department health-care position, up to a $12,000 maximum. Authorizes appropriations for the Program for FY 1994 through 1998.

Department of Veterans Affairs Health Professionals Education Debt Reduction Act

S. Section 304 of the Congressional Budget Act of 1974 is amended to read as follows: ``permissible revisions of budget resolutions ``Sec. 304. At any time after the joint resolution on the budget for a fiscal year has been enacted pursuant to section 301, and before the end of such fiscal year, the two Houses and the President may enact a joint resolution on the budget which revises or reaffirms the joint resolution on the budget for such fiscal year most recently enacted, and for purposes of the enforcement of the Congressional Budget Act of 1974, the chairman of the Budget Committee of the House of Representatives or the Senate, as applicable, may adjust levels as needed for the enforcement of the budget resolution.''. SEC. 6. LIMITATION ON THE CONTENT OF BUDGET RESOLUTIONS. Section 305 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(e) Limitation on Contents.--(1) It shall not be in order in the House of Representatives or in the Senate to consider any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter referred to in paragraph (2). ``(2) Any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter not permitted in section 301 (a) or (b) shall not be treated in the House of Representatives or the Senate as a budget resolution under subsection (a) or (b) or as a conference report on a budget resolution under subsection (c) of this section.''. SEC. 7. DEEMING OF BUDGETARY AGGREGATES, ALLOCATIONS, AND RECONCILIATION INSTRUCTIONS IN THE HOUSE AND SENATE UPON VETO OF JOINT RESOLUTION ON THE BUDGET. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following new section: ``automatic standing order upon veto of joint resolution on the budget ``Sec. 316. For purposes of congressional enforcement under titles III and IV of this Act and the rules of the House and the Senate, the joint resolution shall be considered as enforceable upon enactment or 15 days following presentment to the President, whichever occurs earlier.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Automatic standing order upon veto of joint resolution on the budget.''. SEC. 8. ADDITIONAL AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974 TO EFFECTUATE JOINT RESOLUTIONS ON THE BUDGET. (a) Additional Amendments to the Congressional Budget and Impoundment Control Act of 1974.--(1)(A) Sections 301, 302, 303, 304, 305, 308, 310, 311, 312, 314, 405, and 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) are amended by striking ``concurrent'' each place it appears and inserting ``joint''. (B)(i) Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1) of the Congressional Budget Act of 1974 are amended by striking ``most recently agreed to concurrent resolution on the budget'' each place it occurs and inserting ``most recently enacted joint resolution on the budget''. (ii) The section heading of section 301 of such Act is amended by striking ``annual adoption of concurrent resolution'' and inserting ``joint resolutions''. (C) Sections 302, 303, 304, 310, and 311 of the Congressional Budget Act of 1974 are amended by striking ``agreed to'' each place it appears and by inserting ``enacted''. (2) The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended-- (A) in the item relating to section 301, by striking ``Annual adoption of concurrent resolution'' and inserting ``Joint resolutions''; and (B) by striking ``concurrent'' and inserting ``joint'' in the item relating to section 305. (b) Conforming Amendment.--Any side heading within any section of title III of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking ``Concurrent'' and inserting ``Joint'' and any center heading in any section of that title is amended by striking ``concurrent'' and inserting ``joint''. SEC. 9. AMENDMENTS TO THE RULES OF THE HOUSE OF REPRESENTATIVES TO EFFECTUATE JOINT BUDGET RESOLUTIONS. Clauses 1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and 4(f)(2) of rule X, clause 10 of rule XVIII, clause 10 of rule XX, and clauses 7 and 10 of rule XXI of the Rules of the House of Representatives are amended by striking ``concurrent'' each place it appears and inserting ``joint''. SEC. 10. CONFORMING AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT OF 1985. Section 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907d(b)(1)) is amended by striking ``concurrent'' and inserting ``joint''.

Legally Binding Budget Act of 2015 This bill amends the Congressional Budget Act of 1974 to replace the concurrent resolution on the budget required under current law with a legally binding joint resolution on the budget. (Concurrent resolutions, which are currently used for congressional budget resolutions, address internal congressional matters, are not presented to the President for approval, and are not legally binding. A joint resolution is presented to the President after passing both chambers of Congress and has the force of law.) At any time after the annual budget resolution has been enacted and before the end of the fiscal year, Congress and the President may enact a new budget resolution revising or reaffirming the most recently enacted budget resolution. The contents of a budget resolution are limited to material that is permitted by the Congressional Budget Act of 1974. For purposes of congressional budget enforcement and the rules of the House and the Senate, the budget resolution is enforceable upon the earlier of enactment or 15 days following presentment to the President.

Legally Binding Budget Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Court Interpreter Grant Program Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the fair administration of justice depends on the ability of all participants in a courtroom proceeding to understand that proceeding, regardless of their English proficiency; (2) 18 percent of the population of the United States over 5 years of age speaks a language other than English at home; (3) only qualified court interpreters can ensure that persons with limited English proficiency comprehend judicial proceedings in which they are a party; (4) the knowledge and skills required of a qualified court interpreter differ substantially from those required in other interpretation settings, such as social service, medical, diplomatic, and conference interpreting; (5) the Federal Government has demonstrated its commitment to equal administration of justice regardless of English proficiency; (6) Executive Order 13166, issued August 11, 2000, requires Federal Agencies, including courts, to improve access for persons who have limited English proficiency; (7) 29 States have developed, or are developing, court interpreting programs; (8) robust, effective court interpreter programs-- (A) actively recruit skilled individuals to be court interpreters; (B) train those individuals in the interpretation of court proceedings; (C) develop and use a thorough, systematic certification process for court interpreters; (D) have sufficient funding to ensure that a qualified interpreter will be available to the court whenever necessary; and (9) Federal funding is necessary to-- (A) encourage States that do not have court interpreter programs to develop them; (B) assist States with nascent court interpreter programs to implement them; (C) assist States with limited court interpreter programs to enhance them; and (D) assist States with robust court interpreter programs to make further improvements and share successful programs with other States. SEC. 3. STATE COURT INTERPRETER PROGRAM. (a) Grants Authorized.-- (1) In general.--The Administrator of the Office of Justice Programs of the Department of Justice (referred to in this section as the ``Administrator'') shall make grants, in accordance with such regulations as the Attorney General may prescribe, to States to develop and implement programs to assist individuals with limited English proficiency to access and understand State court proceedings in which they are a party. (2) Technical assistance.--The Administrator shall allocate, for each fiscal year, $500,000 of the amount appropriated pursuant to section 4 to be used to establish a court interpreter technical assistance program to assist States receiving grants under this Act. (b) Use of Grants.--Grants awarded pursuant to subsection (a) may be used by States to-- (1) assess regional language demands; (2) develop a court interpreter program for the State; (3) develop, institute, and administer language certification examinations; (4) recruit, train, and certify qualified court interpreters; (5) pay for salaries, transportation, and technology necessary to implement the court interpreter program developed pursuant to paragraph (2); and (6) engage in other related activities, as prescribed by the Attorney General. (c) Application.--Each State desiring a grant under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. (d) State Allotments.-- (1) Base allotment.--From amounts appropriated for each fiscal year pursuant to section 4, the Administrator shall allocate $100,000 to each State, which has an application approved under subsection (c). (2) Discretionary allotment.--From amounts appropriated for each fiscal year pursuant to section 4, the Administrator shall allocate a total of $5,000,000 to the States that have extraordinary needs that must be addressed in order to develop, implement, or expand a State court interpreter program. (3) Additional allotment.--In addition to the allocations made under paragraphs (1) and (2), the Administrator shall allocate to each State, which has an application approved under subsection (c), an amount equal to the product reached by multiplying-- (A) the unallocated balance of the amount appropriated for each fiscal year pursuant to section 4; and (B) the ratio between the number of people over 5 years of age who speak a language other than English at home in the State and the number of people over 5 years of age who speak a language other than English at home in all the States that receive an allocation under paragraph (1), as those numbers are determined by the Bureau of the Census. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $15,000,000 for each of the fiscal years 2005 through 2008 to carry out this Act.

State Court Interpreter Grant Program Act - Directs the Administrator of the Office of Justice Programs of the Department of Justice to: (1) make grants to States to develop and implement programs to assist individuals with limited English proficiency to access and understand State court proceedings in which they are a party; and (2) allocate specified funds to establish a court interpreter technical assistance program to assist States receiving grants under this Act. Authorizes the use of grant awards by States to: (1) assess regional language demands; (2) develop a court interpreter program; (3) develop, institute, and administer language certification examinations; (4) recruit, train, and certify qualified court interpreters; and (5) pay for salaries, transportation, and technology necessary to implement the programs.

A bill to authorize the Attorney General to award grants to States to develop and implement State court interpreter programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Investment Research Act of 2016''. SEC. 2. SAFE HARBOR FOR INVESTMENT FUND RESEARCH. (a) Expansion of the Safe Harbor.--Not later than the end of the 45-day period beginning on the date of enactment of this Act, the Securities and Exchange Commission shall propose, and not later than the end of the 180-day period beginning on such date, the Commission shall adopt, upon such terms, conditions, or requirements as the Commission may determine necessary or appropriate in the public interest, for the protection of investors, and for the promotion of capital formation, revisions to section 230.139 of title 17, Code of Federal Regulations, to provide that a covered investment fund research report that is published or distributed by a broker or dealer-- (1) shall be deemed, for purposes of sections 2(a)(10) and 5(c) of the Securities Act of 1933 (15 U.S.C. 77b(a)(10), 77e(c)), not to constitute an offer for sale or an offer to sell a security that is the subject of an offering pursuant to a registration statement that is effective, even if the broker or dealer is participating or will participate in the registered offering of the covered investment fund's securities; and (2) shall be deemed to satisfy the conditions of paragraph (a)(1) or (a)(2) of section 230.139 of title 17, Code of Federal Regulations, or any successor provisions, for purposes of the Commission's rules and regulations under the Federal securities laws and the rules of any self-regulatory organization. (b) Implementation of Safe Harbor.--In implementing the safe harbor pursuant to subsection (a), the Commission shall-- (1) not, in the case of a covered investment fund with a class of securities in substantially continuous distribution, condition the safe harbor on whether the broker's or dealer's publication or distribution of a covered investment fund research report constitutes such broker's or dealer's initiation or reinitiation of research coverage on such covered investment fund or its securities; (2) not-- (A) require the covered investment fund to have been registered as an investment company under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) or subject to the reporting requirements of section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)) for any period exceeding the period of time referenced under paragraph (a)(1)(i)(A)(1) of section 230.139 of title 17, Code of Federal Regulations; or (B) impose a minimum float provision exceeding that referenced in paragraph (a)(1)(i)(A)(1)(i) of section 230.139 of title 17, Code of Federal Regulations; (3) provide that a self-regulatory organization may not maintain or enforce any rule that would-- (A) prohibit the ability of a member to publish or distribute a covered investment fund research report solely because the member is also participating in a registered offering or other distribution of any securities of such covered investment fund; or (B) prohibit the ability of a member to participate in a registered offering or other distribution of securities of a covered investment fund solely because the member has published or distributed a covered investment fund research report about such covered investment fund or its securities; and (4) provide that a covered investment fund research report shall not be subject to section 24(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-24(b)) or the rules and regulations thereunder, except that such report may still be subject to such section and the rules and regulations thereunder to the extent that it is otherwise not subject to the content standards in the rules of any self-regulatory organization related to research reports, including those contained in the rules governing communications with the public regarding investment companies or substantially similar standards. (c) Rules of Construction.--Nothing in this Act shall be construed as in any way limiting-- (1) the applicability of the antifraud or antimanipulation provisions of the Federal securities laws and rules adopted thereunder to a covered investment fund research report, including section 17 of the Securities Act of 1933 (15 U.S.C. 77q), section 34(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-33(b)), and sections 9 and 10 of the Securities Exchange Act of 1934 (15 U.S.C. 78i, 78j); or (2) the authority of any self-regulatory organization to examine or supervise a member's practices in connection with such member's publication or distribution of a covered investment fund research report for compliance with applicable provisions of the Federal securities laws or self-regulatory organization rules related to research reports, including those contained in rules governing communications with the public. (d) Interim Effectiveness of Safe Harbor.-- (1) In general.--From and after the 180-day period beginning on the date of enactment of this Act, if the Commission has not adopted revisions to section 230.139 of title 17, Code of Federal Regulations, as required by subsection (a), and until such time as the Commission has done so, a broker or dealer distributing or publishing a covered investment fund research report after such date shall be able to rely on the provisions of section 230.139 of title 17, Code of Federal Regulations, and the broker or dealer's publication of such report shall be deemed to satisfy the conditions of paragraph (a)(1) or (a)(2) of that section if the covered investment fund that is the subject of such report satisfies the reporting history requirements (without regard to Form S-3 or Form F-3 eligibility) and minimum float provisions of such subsections for purposes of the Commission's rules and regulations under the Federal securities laws and the rules of any self-regulatory organization, as if revised and implemented in accordance with subsections (a) and (b). (2) Status of covered investment fund.--After such period and until the Commission has adopted revisions to section 230.139 of title 17, Code of Federal Regulations, and FINRA has revised rule 2210, for purposes of subsection (c)(7)(O) of such rule, a covered investment fund shall be deemed to be a security that is listed on a national securities exchange and that is not subject to section 24(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-24(b)). Communications concerning only covered investment funds that fall within the scope of such section shall not be required to be filed with FINRA. (e) Definitions.--For purposes of this Act: (1) The term ``covered investment fund research report'' means a research report published or distributed by a broker or dealer about a covered investment fund or any securities issued by the covered investment fund, but does not include a research report to the extent that the research report is published or distributed by the covered investment fund or any affiliate of the covered investment fund. (2) The term ``covered investment fund'' means-- (A) an investment company registered under, or that has filed an election to be treated as a business development company under, the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.) and that has filed a registration statement under the Securities Act of 1933 (15 U.S.C. 77a et seq.) for the public offering of a class of its securities, which registration statement has been declared effective by the Commission; and (B) a trust or other person-- (i) issuing securities in an offering registered under the Securities Act of 1933 and which class of securities is listed for trading on a national securities exchange; (ii) the assets of which consist primarily of commodities, currencies, or derivative instruments that reference commodities or currencies, or interests in the foregoing; and (iii) that provides in its registration statement under the Securities Act of 1933 that a class of its securities are purchased or redeemed, subject to conditions or limitations, for a ratable share of its assets. (3) The term ``FINRA'' means the Financial Industry Regulatory Authority. (4) The term ``research report'' has the meaning given that term under section 2(a)(3) of the Securities Act of 1933 (15 U.S.C. 77b(a)(3)), except that such term shall not include an oral communication. (5) The term ``self-regulatory organization'' has the meaning given to that term under section 3(a)(26) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(26)).

Fair Access to Investment Research Act of 2016 This bill directs the Securities and Exchange Commission (SEC) to revise a specified regulation to create a safe harbor for certain publications or distributions of research reports by brokers or dealers distributing securities. The revised regulation shall declare that a published or distributed investment fund research report shall not be deemed to constitute an offer for sale or an offer to sell a security that is the subject of the offering pursuant to an effective registration statement, even if the broker or dealer is participating or will participate in the registered offering of the covered investment fund's securities. The covered investment fund research report shall indeed be deemed to satisfy the regulation's requirements as well as those of any self-regulatory organization. The SEC shall not impose specified conditions and requirements when implementing the safe harbor. Until the SEC has adopted such safe harbor revisions, and the Financial Industry Regulatory Authority (FINRA) has revised a related rule, a covered investment fund shall be deemed to be a security listed on a national securities exchange that is not subject to a certain filing requirement of the Investment Company Act of 1940.

Fair Access to Investment Research Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Heroes Credit Protection Act''. SEC. 2. PROTECTION OF CREDIT RATINGS OF MEMBERS OF THE RESERVE COMPONENTS DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS. (a) In General.--Title II of the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end the following new section: ``SEC. 208. PROTECTION OF CREDIT RATINGS OF MEMBERS OF RESERVE COMPONENTS DEPLOYED IN SUPPORT OF CONTINGENCY OPERATIONS. ``(a) Request for Military Service Deployment Explanation.--At any time during or after serving on active duty in support of a contingency operation, an eligible servicemember may request that a consumer reporting agency include a military service deployment explanation with respect to a qualifying account in the file of that servicemember at the consumer reporting agency. ``(b) Responsibilities of Consumer Reporting Agencies.--Upon receiving a request from an eligible servicemember under subsection (a), a consumer reporting agency shall-- ``(1) include a military service deployment explanation with respect to a qualifying account in the file of that servicemember and provide the military service deployment explanation to each person who requests the credit score or consumer report of the servicemember; ``(2) develop and maintain procedures for the referral to other such agencies of any military service deployment explanation received by the agency; and ``(3) notify the servicemember in writing that the inclusion of any explanation or notation in the file of the servicemember could potentially negatively affect the credit rating of the servicemember and may not mitigate a low credit score. ``(c) Duty of Reseller to Reconvey Military Service Deployment Explanation.--A reseller shall include in any report of the reseller on a servicemember any military service deployment explanation placed in the file of that servicemember by another consumer reporting agency pursuant to this section. ``(d) Acknowledgment of Military Service Deployment Explanation.-- Any prospective user of a consumer credit report containing a military service deployment explanation shall acknowledge such military service deployment explanation. ``(e) Definitions.--For the purposes of this section: ``(1) The term `eligible servicemember' means a member of a reserve component who serves on active duty outside the continental United States in support of a contingency operation under a call or order specifying a period of such service of not less than 180 days (or who enters such service under a call or order specifying a period of 180 days or less and who, without a break in service, receives orders extending the period of such service to a period of not less than 180 days). ``(2) The term `military service deployment explanation' means a code generated by a consumer reporting agency that is delivered in conjunction with a consumer report or credit score to a user of the consumer report or credit score to indicate that the consumer report or credit score of the consumer was adversely affected during a period in which the consumer was a servicemember serving on active duty outside the continental United States in support of a contingency operation. ``(3) The term `contingency operation' has the meaning given that term under section 101(a)(13) of title 10, United States Code. ``(4) The term `active duty' has the meaning given that term under section 101(d)(1) of title 10, United States Code. ``(5) The term `consumer reporting agency' has the meaning given that term under section 603 of the Fair Credit Reporting Act. ``(6) The term `reseller' has the meaning given that term under section 603 of the Fair Credit Reporting Act. ``(7) The term `qualifying account' means an account that was opened by a servicemember before the date on which the servicemember was deployed outside the continental United States in support of a contingency operation, but only with respect to obligations incurred before such date.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 207 the following new item: ``Sec. 208. Protection of credit ratings of certain servicemembers.''. (c) Military Service Deployment Explanation Not to Affect Certain Future Transactions.--Section 108 of such Act (50 U.S.C. App. 518) is amended in the matter preceding paragraph (1), by inserting after ``liability of that servicemember'' the following: ``, or the inclusion of a military service deployment explanation in a file of the servicemember at a consumer reporting agency pursuant to section 208,''. Passed the House of Representatives November 5, 2007. Attest: LORRAINE C. MILLER, Clerk.

National Heroes Credit Protection Act - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to authorize a member of the reserves who is deployed outside the United States for 180 days or more in support of a contingency operation (servicemember) to request that a consumer reporting agency (CRA) include in that servicemember's file a military service deployment explanation (explanation) with respect to an account that was opened by the servicemember before such deployment. Requires: (1) a reseller of credit reporting information to include in any report on a servicemember any explanation placed in such servicemember's file by another CRA; and (2) any user of a consumer credit report containing such explanation to acknowledge the explanation.

A bill to amend the Servicemembers Civil Relief Act to enhance the protection of credit ratings of members of the reserve component who serve on active duty in support of a contingency operation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Sky Wilderness and Backcountry Wilderness Management Area Act of 2004''. SEC. 2. ADDITION OF WILD SKY WILDERNESS TO NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Designation.--Certain Federal lands in the State of Washington comprising approximately 92,722 acres, as generally depicted on the map entitled ``Wild Sky Wilderness and Backcountry Wilderness Management Area Proposal'' and dated September 2004, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The Federal lands designated as wilderness by this subsection shall be known as the Wild Sky Wilderness. (b) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the Wild Sky Wilderness with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service. (c) Administration.--Subject to valid existing rights, the Secretary of Agriculture shall manage the Wild Sky Wilderness in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to the Wild Sky Wilderness, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. To fulfill the purposes of this Act and the Wilderness Act and to achieve administrative efficiencies, the Secretary may manage the Wild Sky Wilderness as a comprehensive part of the larger complex of adjacent and nearby wilderness areas. (d) Maintenance and Use of Certain Structures.-- (1) Repeater site.--Within the Wild Sky Wilderness, the Secretary of Agriculture is authorized to use helicopter access to construct and maintain a joint Forest Service and Snohomish County repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communication for safety, health, and emergency services. (2) Evergreen mountain lookout.--The designation of the Wild Sky Wilderness shall not preclude the operation and maintenance of the Evergreen Mountain Lookout, in the same manner and degree in which the operation and maintenance of the lookout was occurring as of the date of enactment of this Act. (e) Access.-- (1) Private inholdings.--Consistent with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary of Agriculture shall assure adequate access to private inholdings in the Wild Sky Wilderness. (2) Float plane access.--As provided by section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake Isabel in the Wild Sky Wilderness, where such use was established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines desirable. (f) Land Acquisition Authority.-- (1) In general.--The Secretary of Agriculture may acquire lands and interests therein in the Wild Sky Wilderness by purchase, donation, or exchange. The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in subsection (a). (2) Appraisal.--Valuation of private lands shall be determined without reference to any restrictions on access or use that arise out of designation of the Wild Sky Wilderness or inclusion of adjacent Federal lands in the Skykomish Backcountry Wilderness Management Area under section 3. (3) Boundary adjustment.--The boundaries of the Mt. Baker- Snoqualmie National Forests and the Wild Sky Wilderness shall be adjusted to reflect any land acquisitions or exchanges conducted under this subsection. SEC. 3. DESIGNATION OF BACKCOUNTRY WILDERNESS MANAGEMENT AREA, SKYKOMISH RIVER VALLEY, WASHINGTON. (a) Designation.--Certain Federal lands in the State of Washington comprising approximately 13,278 acres, as generally depicted on the map referred to in section 2(a), are hereby designated as the Skykomish Backcountry Wilderness Management Area for the purpose of conserving, protecting, and enhancing for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, and scenic resources of the Federal lands included in the management area. (b) Maps and Legal Descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the management area with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service. (c) Administration.--The Secretary of Agriculture shall manage the Federal lands included in the management area to preserve their natural character and to protect and enhance water quality. (d) Management Plan.--Not later than three years after the date of the enactment of this Act, the Secretary of Agriculture shall develop a management plan for the management area. The Secretary shall prepare the management plan in consultation with representatives of the State of Washington, the political subdivisions of the State containing the management area, and other interested persons. (e) Wildlife Management.--The designation of the management area neither affects nor diminishes the jurisdiction of the State of Washington with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, on Federal lands included in the management area. (f) Withdrawal.--Subject to valid existing rights, the Federal lands included in the management area are withdrawn from all forms of entry, appropriation, and disposal under the public land laws, location, entry, and patent under the mining laws, and operation of the mineral leasing, mineral materials, and geothermal leasing laws. (g) Motorized and Mechanized Travel Authorized.--Motorized and mechanized travel in the management area shall be restricted to designated trails and routes specified in the management plan required by subsection (d). Pending completion of the management plan, the Secretary of Agriculture may designate the trails and routes in the management area on which motorized and mechanized travel is authorized. Other trails and routes may be used for motorized and mechanized travel whenever the Secretary considers such use to be necessary for administrative purposes or to respond to an emergency. (h) Prohibition on Commercial Timber Harvesting.--The Secretary of Agriculture shall not permit the commercial harvest of timber in the management area. (i) Land Acquisition Authority.-- (1) In general.--The Secretary of Agriculture may acquire lands and interests therein in the management area by purchase, donation, or exchange. The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in section 2(a). (2) Appraisal.--Valuation of private lands shall be determined without reference to any restrictions on access or use that arise out of inclusion of adjacent Federal lands in the management area or designation of the Wild Sky Wilderness. (3) Boundary adjustment.--The boundaries of the Mt. Baker- Snoqualmie National Forests and the management area shall be adjusted to reflect any land acquisitions or exchanges conducted under this subsection. SEC. 4. DEVELOPMENT AND IMPLEMENTATION OF TRAIL PLAN. (a) Trail Plan Required.--The Secretary of Agriculture shall establish, in consultation with interested parties, a trail plan for National Forest System lands described in this paragraph in order to develop the following: (1) A system of hiking and equestrian trails in the Wild Sky Wilderness in a manner consistent with section 2 and the Wilderness Act (16 U.S.C. 1131 et seq.). (2) A system of hiking and equestrian trails in the Backcountry Wilderness Management Area in a manner consistent with section 3. (3) A system of trails adjacent to the Wild Sky Wilderness or the Backcountry Wilderness Management Area to provide access to such areas. (b) Implementation Report.--Within two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the trail plan. The report shall include the identification of those trails regarding which development is a priority. SEC. 5. LAND EXCHANGES, CHELAN COUNTY PUBLIC UTILITY DISTRICT, WASHINGTON. (a) Land Exchanges Required.--In accordance with this section, the Secretary of Agriculture shall carry out a land exchange with the Chelan County Public Utility District in the State of Washington to exchange lands and interests in lands, as generally depicted on the map entitled ``Chelan County Public Utility District Exchange'' and dated May 22, 2002. (b) Acceptance of Lands.--If, within 90 days after the date of enactment of this Act, the Chelan County Public Utility District offers to the Secretary of Agriculture approximately 371.8 acres of lands held by the Utility District in the Mt. Baker-Snoqualmie National Forests in the State of Washington, the Secretary shall accept such lands if the title is acceptable to the Secretary and there is no hazardous material on such lands, which is objectionable to the Secretary. (c) Conveyance of Easement.--Upon acceptance of title by the Secretary of Agriculture under subsection (b), the Secretary shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of the date of enactment of this Act, to maintain an existing snowtel site on 1.82 acres of Federal land in the Wenatchee National Forest in the State of Washington. (d) Reversion.--As a condition on the conveyance under subsection (c), the Chelan County Public Utility District shall notify the Secretary of Agriculture if the Utility District determines that there is no longer a need to maintain a snowtel site on the lands subject to the easement conveyed under subsection (c) to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin. Upon receipt of such notice, the easement shall be extinguished and all rights conveyed under such subsection shall revert to the United States.

Wild Sky Wilderness and Backcountry Wilderness Management Area Act of 2004 - Designates specified Federal lands in the State of Washington (the State) as: (1) the Wild Sky Wilderness (the Wilderness); and (2) the Skykomish Backcountry Wilderness Management Area (the Area). Directs the Secretary of Agriculture to manage the Wilderness in accordance with the Wilderness Act and this Act. Authorizes the Secretary to use helicopter access to construct and maintain a joint U.S. Forest Service and Snohomish County repeater site, in compliance with a Forest Service-approved communications site plan, to improve communication for safety, health, and emergency services. Directs the Secretary to: (1) develop a management plan for the Area (but prohibits the Secretary from permitting commercial timber harvest in the Area); (2) establish a trail plain for specified National Forest System lands to develop a system of hiking and equestrian trails in the Wilderness and the Area, and trails adjacent to the Wilderness or the Area; and (3) carry out a land exchange with the Chelan County Public Utility District in the State, subject to specified requirements.

To designate certain lower-elevation Federal lands in the Skykomish River valley of the State of Washington as wilderness, to designate a portion of such lands for management as a backcountry wilderness management area, and for other purposes.

SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF 13 INCH TELEVISIONS. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to the provisions of subsection (b), the United States Customs Service shall, not later than 180 days after the receipt of the request described in subsection (b), liquidate or reliquidate each entry described in subsection (d) containing any merchandise which, at the time of the original liquidation, was classified under the following subheadings of the Harmonized Tariff Schedule of the United States with respect to which there would have been no duty or a lesser duty if the amendments made by section 1003 of the Miscellaneous Trade and Technical Corrections Act of 1999 had applied to such entry or withdrawal: (1) Subheading 8528.12.12. (2) Subheading 8528.12.20. (3) Subheading 8528.12.62. (4) Subheading 8528.12.68. (5) Subheading 8528.12.76. (6) Subheading 8528.12.84. (7) Subheading 8528.21.16. (8) Subheading 8528.21.24. (9) Subheading 8528.21.55. (10) Subheading 8528.21.65. (11) Subheading 8528.21.75. (12) Subheading 8528.21.85. (13) Subheading 8528.30.62. (14) Subheading 8528.30.66. (15) Subheading 8540.11.24. (16) Subheading 8540.11.44. (b) Requests.--Reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefore is filed with the Customs Service within 90 days after the date of the enactment of this Act, and the request contains sufficient information to enable the Customs Service to locate the entry or reconstruct the entry if it cannot be located. (c) Payment of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid not later than 180 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a), are as follows: Entry number Date of entry Date of liquidation 110-17072538 11/03/98 09/17/99 110-17091314 11/23/98 10/08/99 110-17091322 11/23/98 10/08/99 110-17216804 12/31/98 11/12/99 110-20748215 04/20/99 03/03/00 110-20762802 04/28/99 03/10/00 110-20848544 05/12/99 03/31/00 110-20848569 05/18/99 03/31/00 110-20988456 06/22/99 05/04/00 110-20993563 06/22/99 05/15/00 110-20997705 06/22/99 05/05/00 110-63822017 06/09/97 05/05/00 110-63822041 06/09/97 110-63822082 06/09/97 110-68575370 07/11/97 05/22/98 110-68575610 07/11/97 05/22/98 110-15093163 10/05/98 08/20/99 110-15173551 11/02/98 09/17/99 110-17091132 11/07/98 09/24/99 110-17217265 12/05/98 10/15/99 110-20762364 04/12/99 02/18/00 110-63822025 06/09/97 110-75485118 02/12/98 12/28/98 110-75492643 02/12/98 12/28/98 110-75793447 07/07/98 05/21/99 110-20993704 06/20/99 05/05/00 110-66600972 06/07/97 04/17/98 110-66603414 06/14/97 ....................... 110-66603448 06/07/97 04/17/98 110-66617810 06/21/97 05/01/98 110-66618099 06/23/97 05/08/98 110-68156429 07/12/97 05/22/98 110-68165818 07/19/97 05/29/98 110-68165826 07/19/97 05/29/98 110-68171576 07/26/97 06/05/98 110-68175767 08/02/97 06/12/98 110-68177029 08/02/97 06/12/98 110-68217833 08/16/97 06/26/98 110-68220167 08/16/97 07/06/98 110-68220183 08/19/97 07/06/98 110-68233418 08/24/97 07/10/98 110-68234424 08/25/97 07/10/98 110-70008550 09/20/97 07/31/98 110-70014707 09/20/97 07/31/98 110-70014723 09/20/97 07/31/98 110-70014731 09/30/97 07/31/98 110-70014756 09/20/97 07/31/98 110-70014798 09/20/97 07/31/98 110-70100464 10/11/97 08/21/98 110-70106651 10/19/97 09/04/98 110-70106669 10/19/97 09/04/98 110-70112584 10/25/97 09/04/98 110-70113970 10/25/97 09/04/98 110-70113996 10/25/97 09/04/98 110-70115199 10/25/97 09/04/98 110-70190978 11/08/97 09/18/98 110-70192990 11/08/97 09/18/98 110-70198906 11/15/97 09/25/98 110-70198914 11/15/97 09/25/98 110-70204233 11/29/97 10/09/98 110-70204266 11/22/97 10/02/98 110-75399046 12/19/97 10/30/98 110-75399103 01/04/98 11/20/98 110-75481455 01/24/98 12/04/98 110-75485563 01/24/98 12/04/98 110-75494953 02/07/98 12/18/98 110-04901383 07/11/97 05/22/98 110-33326985 07/07/97 05/22/98 110-63019333 07/11/97 05/22/98 110-63821993 06/07/97 04/17/98 110-66600378 06/20/97 05/01/98 110-66601004 06/20/97 05/01/98 110-66603380 06/20/97 05/01/98 110-66625441 07/07/97 05/22/98 110-66626951 07/07/97 05/22/98 110-68175825 08/04/97 06/19/98 110-68182938 08/11/97 06/26/98 110-68184140 08/11/97 06/26/98 110-68184918 08/11/97 06/26/98 110-68184926 08/11/97 06/26/98 110-68184934 08/11/97 06/26/98 110-68184942 08/11/97 06/26/98 110-68229994 09/08/97 07/24/98 110-68230000 09/08/97 07/24/98 110-68230232 09/03/97 07/17/98 110-70009715 09/22/97 08/07/98 110-70024698 10/07/98 08/21/98 110-70028764 10/13/97 08/28/98 110-70028772 10/13/97 08/28/98 110-70103625 10/30/98 09/11/98 110-70186810 11/13/97 09/25/98 110-70190937 11/26/97 10/09/98 110-70192362 11/19/97 10/02/98 110-70199151 11/26/97 10/09/98 110-70204555 12/04/97 10/16/98 110-70204563 12/04/97 10/16/98 110-70206360 12/06/97 10/23/98 110-75399079 01/07/98 11/20/98 110-75492627 02/11/98 12/28/98 110-75492635 02/11/98 12/28/98 110-14975204 09/15/98 07/30/99 110-20848643 05/19/99 05/31/00 110-20988472 06/20/99 05/05/00 110-20993589 06/20/99 05/05/00 110-75485126 02/11/98 12/28/98 110-75793405 07/16/98 05/28/99 110-75793611 08/04/98 06/18/99 110-75931278 08/16/98 07/02/99 110-75938893 08/16/98 07/23/99

Directs the U.S. Customs Service to liquidate or reliquidate specified entries of 13-inch televisions and pay amounts owed.

To provide for reliquidation pursuant to section 1003 of the Miscellaneous Trade and Technical Corrections Act of 1999.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dual Incentive Education Act of 2002''. SEC. 2. GRADUATE STUDY REIMBURSEMENTS FOR CERTAIN LEGISLATIVE BRANCH EMPLOYEES. (a) In General.--The head of each employing office in the legislative branch may make payments to an eligible employee of the office to reimburse the employee for tuition and fees paid by the employee to an institution of higher education during a semester for enrollment in a program of post-baccalaureate study leading to a graduate degree. (b) Amount of Payment.--The amount of a payment made to an eligible employee under this Act shall be equal to the amount of tuition and fees paid by the employee to the institution of higher education for the semester (excluding any portion of such tuition and fees covered by a scholarship or other type of financial assistance which does not consist of a student loan), except that such amount may not exceed $3,000. SEC. 3. ELIGIBILITY OF EMPLOYEES. (a) In General.--For purposes of this section, an employee is eligible to receive a payment under this Act if-- (1) at the time the first payment is made to the employee under this Act, the employee has been continuously employed on a full-time basis by an employing office for not fewer than 12 consecutive months; (2) with respect to the semester for which the payment is made, the employee meets the student assistance eligibility requirements of section 484(a) of the Higher Education Assistance Act of 1965 (20 U.S.C. 1091(a)); (3) with respect to the semester for which the payment is made, the employee provides the head of the employing office with a certification from the institution of higher education in which the employee is enrolled of the employee's enrollment in a graduate program and of the amount of tuition and fees paid by the employee to the institution; (4) the employee has not received a payment under this Act for enrollment in another program of post-baccalaureate study, except that nothing in this paragraph may be construed to prohibit an employee from receiving a payment for enrollment in a program leading to more than one graduate degree; and (5) the employee provides the office with such other information and assurances as the head of the office may require. (b) Treatment of Payments as Addition to Basic Pay.--Any payment made to an eligible employee under this Act shall be in addition to basic pay and any other form of compensation otherwise payable to the employee involved. SEC. 4. PERMITTING PAYMENTS FOR PREVIOUS ENROLLMENT. An employing office which makes a payment under this Act to an eligible employee with respect to a semester may make a payment under this Act with respect to any semester occurring during the 12-month period which ends on the first day of the first semester for which a payment is made to the employee by such office under this Act if-- (1) the payment is made with respect to the same program of post-baccalaureate study for which the first payment is made to the employee by such office under this Act; and (2) the employee meets the eligibility requirements of section 3 with respect to such semester. SEC. 5. ASSISTANCE OF SECRETARY OF EDUCATION. The Secretary of Education shall assist employing offices in the legislative branch in carrying out this Act. SEC. 6. EMPLOYING OFFICE DEFINED. The term ``employing office in the legislative branch'' means any of the following: (1) The personal office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress). (2) A committee of the House of Representatives or a joint committee, except that the majority and minority office of such a committee shall each be considered as a separate employing office in the legislative branch. (3) Any other office headed by a person with the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of an employee of the House of Representatives. (4) The Office of the Architect of the Capitol. (5) The Capitol Police Board. (6) The Congressional Budget Office. (7) The General Accounting Office. (8) The Government Printing Office. (9) The Library of Congress (including the Congressional Research Service). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to each employing office such sums as may be necessary for making graduate study payments under this Act in fiscal year 2003 and each succeeding fiscal year.

Dual Incentive Education Act of 2002 - Permits the heads of legislative branch employing offices to make payments to employees of up to $3,000 for reimbursement of tuition and fees for a semester of graduate study. Requires beneficiaries to have been employed full-time for at least 12 consecutive months and to meet the student assistance eligibility requirements of the Higher Education Assistance Act of 1965. Excludes payments for any portion of tuition and fees covered by a scholarship or other type of financial assistance that does not consist of a student loan.

To establish a program under which employees of the legislative branch may be reimbursed for the costs of graduate school tuition and fees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Commerce Enhancement Act''. SEC. 2. REFERENCES. Except as otherwise specifically provided in this Act, whenever in this Act an amendment or repeal is expressed as the amendment or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Arms Export Control Act (22 U.S.C. 2751 et seq.). SEC. 3. FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND RESTRAINTS. (a) Value of Defense Articles and Services.--Section 3(d) (22 U.S.C. 2753(d)) is amended in paragraphs (1) and (3)(A)-- (1) by striking ``$14,000,000'' each place it appears and inserting ``$25,000,000''; and (2) by striking ``$50,000,000'' each place it appears and inserting ``$85,000,000''. (b) Transfers With Respect to NATO and Major Non-NATO Countries.-- Section 3(d) (22 U.S.C. 2753(d)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking ``Except as provided in subparagraph (B), unless'' and inserting ``Unless''; and (ii) in subparagraph (B) to read as follows: ``(B) Subparagraph (A) shall not apply in the case of a proposed transfer to the North Atlantic Treaty Organization, or any member country of such Organization, Japan, Australia, or New Zealand.''; and (iii) in subparagraph (C), by striking ``or (B)''; and (2) in paragraph (3)-- (A) in the second sentence of subparagraph (A), by striking ``shall be submitted'' and all that follows through ``unless the President'' and inserting ``shall be submitted at least 30 calendar days before such consent is given in the case of a transfer to a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, unless the President''; (B) in the third sentence of subparagraph (A), by striking ``(thus waiving the requirements of clause (i) or (ii), as the case may be, and of subparagraph (B))''; and (C) in subparagraph (B)-- (i) by striking ``15-day or''; and (ii) by striking ``subparagraph (A)(i) or (ii), as the case may be,'' and inserting ``subparagraph (A)''. SEC. 4. MILITARY EXPORT CONTROLS. (a) Value of Defense Articles and Services.--Section 36 (22 U.S.C. 2776) is amended in the first sentence of subsections (b)(1) and (c)(1)-- (1) by striking ``$14,000,000'' each place it appears and inserting ``$25,000,000''; and (2) by striking ``$50,000,000'' each place it appears and inserting ``$85,000,000''. (b) Transfers With Respect to NATO and Major Non-NATO Countries.-- Section 36 (22 U.S.C. 2776) is amended-- (1) in subsection (b)-- (A) in the matter following subparagraph (P) of paragraph (1), by striking ``proposed sale to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, if the Congress, within fifteen calendar days after receiving such certification, or with respect to a proposed sale to any other country or organization,'' and inserting ``proposed sale to a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, or to any other organization,''; and (B) in paragraph (2), strike ``, except that for purposes of consideration of any joint resolution'' and all that follows through ``its introduction''; (2) in subsection (c)(2)-- (A) in subparagraph (A)-- (i) by striking ``the North Atlantic Treaty Organization, any member country of that Organization, Japan, Australia, or New Zealand'' and inserting ``a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, or to any other organization''; (ii) by striking ``15'' each place it appears and inserting ``30''; and (iii) by adding ``and'' at the end; (B) in subparagraph (B), by striking ``; and'' and inserting a period; and (C) by striking subparagraph (C); and (3) in subsection (d)-- (A) in paragraph (2), by striking ``shall be submitted'' and all that follows through ``unless the President'' and inserting ``shall be submitted at least 30 days before approval is given in the case of an agreement for or in a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, unless the President''; and (B) in paragraph (4)-- (i) by striking ``15-day or''; and (ii) by striking ``paragraph (2)(A) or (B), as the case may be,'' and inserting ``paragraph (2)''. (c) License Applications for Commercial Sales.--Section 36(c)(1) (22 U.S.C. 2776(c)(1)) is amended in the first sentence by striking ``sold under a contract'' each place it appears and inserting ``to be sold under a contract, proposed contract, or formal proposal of sale''. SEC. 5. LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES. (a) Value of Defense Articles.--Section 63(a) (22 U.S.C. 2796b(a)) is amended-- (1) by striking ``$14,000,000'' and inserting ``$25,000,000''; and (2) by striking ``$50,000,000'' and inserting ``$85,000,000''. (b) Transfers With Respect to NATO and Major Non-NATO Countries.-- Chapter 6 (22 U.S.C. 2796) is amended-- (1) in section 62(c), by striking ``shall be transmitted'' and all that follows through ``organization or country'' and inserting ``shall be transmitted not less than 30 calendar days before the agreement is entered into or renewed in the case of an agreement with a country other than a country which is a member of the North Atlantic Treaty Organization, Japan, Australia, or New Zealand, or any other organization''; and (2) in section 63(a)-- (A) by striking ``15-day or''; and (B) by striking ``section 62(c) (1) or (2), as the case may be,'' and inserting ``section 62(c)''.

International Commerce Enhancement Act - Amends the Arms Export Control Act to increase threshold values of major defense equipment or defense articles or related training or other defense services whose transfer or lease to foreign countries would require a presidential certification to Congress. Exempts from specified congressional oversight requirements any such transfers to North Atlantic Treaty Organization (NATO) countries, Japan, Australia, or New Zealand.

To amend the Arms Export Control Act to update the export licensing requirements under that Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia College Access Improvement Act of 2002''. SEC. 2. PUBLIC SCHOOL PROGRAM. Section 3(c)(2) of the District of Columbia College Access Act of 1999 (sec. 38-2702(c)(2), D.C. Official Code) is amended by striking subparagraphs (A) through (C) and inserting the following: ``(A)(i) in the case of an individual who begins an undergraduate course of study within 3 calendar years (excluding any period of service on active duty in the armed forces, or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) or subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.)) of graduation from a secondary school, or obtaining the recognized equivalent of a secondary school diploma, was domiciled in the District of Columbia for not less than the 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; ``(ii) in the case of an individual who graduated from a secondary school or received the recognized equivalent of a secondary school diploma before January 1, 1998, and is currently enrolled at an eligible institution as of the date of enactment of the District of Columbia College Access Improvement Act of 2002, was domiciled in the District of Columbia for not less than the 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; or ``(iii) in the case of any other individual and an individual re-enrolling after more than a 3-year break in the individual's post-secondary education, has been domiciled in the District of Columbia for at least 5 consecutive years at the date of application; ``(B)(i) graduated from a secondary school or received the recognized equivalent of a secondary school diploma on or after January 1, 1998; ``(ii) in the case of an individual who did not graduate from a secondary school or receive a recognized equivalent of a secondary school diploma, is accepted for enrollment as a freshman at an eligible institution on or after January 1, 2002; or ``(iii) in the case of an individual who graduated from a secondary school or received the recognized equivalent of a secondary school diploma before January 1, 1998, is currently enrolled at an eligible institution as of the date of enactment of the District of Columbia College Access Improvement Act of 2002; ``(C) meets the citizenship and immigration status requirements described in section 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(5));''. SEC. 3. PRIVATE SCHOOL PROGRAM. Section 5(c)(1)(B) of the District of Columbia College Access Act of 1999 (sec. 38-2704(c)(1)(B), D.C. Official Code) is amended by striking ``the main campus of which is located in the State of Maryland or the Commonwealth of Virginia''. SEC. 4. GENERAL REQUIREMENTS. Section 6 of the District of Columbia College Access Act of 1999 (sec. 38-2705, D.C. Official Code) is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Administrative Expenses.-- ``(1) In general.--The Mayor of the District of Columbia may not use more than 7 percent of the total amount of Federal funds appropriated for the program, retroactive to the date of enactment of this Act (the District of Columbia College Access Act of 1999), for the administrative expenses of the program. ``(2) Definition.--In this subsection, the term `administrative expenses' means any expenses that are not directly used to pay the cost of tuition and fees for eligible students to attend eligible institutions.''; (2) by redesignating subsections (e) and (f) as subsections (f) and (g); (3) by inserting after subsection (d) the following: ``(e) Local Funds.--It is the sense of Congress that the District of Columbia may appropriate such local funds as necessary for the programs under sections 3 and 5.''; and (4) by adding at the end the following: ``(h) Dedicated Account for Programs.-- ``(1) Establishment.--The District of Columbia government shall establish a dedicated account for the programs under sections 3 and 5 consisting of the following amounts: ``(A) The Federal funds appropriated to carry out such programs under this Act or any other Act. ``(B) Any District of Columbia funds appropriated by the District of Columbia to carry out such programs. ``(C) Any unobligated balances in amounts made available for such programs in previous fiscal years. ``(D) Interest earned on balances of the dedicated account. ``(2) Use of funds.--Amounts in the dedicated account shall be used solely to carry out the programs under sections 3 and 5.''. SEC. 5. CONTINUATION OF CURRENT AGGREGATE LEVEL OF AUTHORIZATION OF APPROPRIATIONS. (a) In General.--The District of Columbia College Access Act of 1999 (sec. 38-2701 et seq., D.C. Official Code) is amended by adding at the end the following new section: ``SEC. 7. LIMIT ON AGGREGATE AMOUNT OF FEDERAL FUNDS FOR PUBLIC SCHOOL AND PRIVATE SCHOOL PROGRAMS. ``The aggregate amount authorized to be appropriated to the District of Columbia for the programs under sections 3 and 5 for any fiscal year may not exceed-- ``(1) $17,000,000, in the case of the aggregate amount for fiscal year 2003; ``(2) $17,000,000, in the case of the aggregate amount for fiscal year 2004; or ``(3) $17,000,000, in the case of the aggregate amount for fiscal year 2005.''. (b) Conforming Amendments.-- (1) Public school program.--Section 3(i) of such Act (sec. 38- 2702(i), D.C. Official Code) is amended by striking ``and such sums'' and inserting ``and (subject to section 7) such sums''. (2) Private school program.--Section 5(f) of such Act (sec. 38- 2704(f), D.C. Official Code) is amended by striking ``and such sums'' and inserting ``and (subject to section 7) such sums''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

District of Columbia College Access Improvement Act of 2001 - Revises eligibility requirements for tuition assistance under the District of Columbia College Access Act of 1999 (the Act) to allow the following to be eligible for such assistance: (1) applicants who graduated from a secondary school or received the recognized equivalent of a secondary school diploma before January 1, 1998, and are currently enrolled at an eligible institution as of the enactment of this Act, and were domiciled in the District of Columbia for not less than 12 consecutive months preceding the commencement of the freshman year at an institution of higher education; (2) applicants re-enrolling after more than a three-year break in their post-secondary education who have been domiciled in the District for at least five consecutive years at the application date; (3) applicants who did not graduate from a secondary school or receive a recognized equivalent of a secondary school diploma, but are accepted for enrollment as a freshman at an eligible institution on or after January 1, 2002; and (4) applicants who graduated from a secondary school or received the recognized equivalent of such school diploma before January 1, 1998 and are currently enrolled at an eligible institution as of the enactment of this Act. Requires all eligible students to meet the citizenship and immigration status requirements described in the Higher Education Act of 1965.Amends the Act: (1) to allow individuals who attend private historically black colleges and universities (HBCUs) nationwide (currently, HBCUs whose main campuses are located in Maryland and Virginia) to participate in such Tuition Assistance Program; and (2) to prohibit the Mayor from using more than seven percent of the total amount of Federal funds appropriated for such Program, retroactive to the Act's enactment, for the Program's administrative expenses.Expresses the sense of Congress that the District of Columbia may appropriate such local funds as necessary for the Program.Requires the District government to establish a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal years. Authorizes the use of such funds to help pay the cost of tuition and fees for eligible students to attend eligible institutions if the fiscal year appropriation for that year is insufficient to cover the cost of tuition and fees for that year.

An act to amend the District of Columbia College Access Act of 1999 to permit individuals who enroll in an institution of higher education more than 3 years after graduating from a secondary school and individuals who attend private historically black colleges and universities nationwide to participate in the tuition assistance programs under such Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Simplification and Opportunity Act of 2011''. SEC. 2. TEMPORARY STUDENT LOAN DEBT CONVERSION AUTHORITY. (a) Repeal.-- (1) In general.--Section 459A of the Higher Education Act of 1965 (20 U.S.C. 1087i-1) is repealed. (2) Conforming amendments.--Part D of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended-- (A) in section 451(a) (20 U.S.C. 1087a), by striking ``(1) to make loans to all eligible students (and the eligible parents of such students) in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions during the period beginning July 1, 1994; and (2) for purchasing loans under section 459A.'' and inserting ``to make loans to all eligible students (and the eligible parents of such students) in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions during the period beginning July 1, 1994.''; and (B) in section 459B(a)(2)(B) (20 U.S.C. 1087i- 2(a)(2)(B)), by striking ``purchased by the Secretary pursuant to section 459A'' and inserting ``purchased by the Secretary pursuant to section 459A under the terms of that provision in effect on or before June 30, 2010, or converted by the Secretary pursuant to section 459A''. (b) Student Loan Debt Conversion.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by inserting after section 459 the following: ``SEC. 459A. TEMPORARY AUTHORITY TO CONVERT STUDENT LOAN DEBT. ``(a) In General.-- ``(1) Authority.--The Secretary shall, at the request of an eligible borrower (as described in subsection (b)), convert an eligible student loan debt (as described in subsection (c)) into a Federal debt by paying the holder of the eligible student loan the outstanding balance of principal and interest on that loan, and the borrower shall enter into an agreement to repay to the Secretary the amount advanced to convert the debt to a Federal debt. ``(2) Duration of authority.--The Secretary shall convert eligible student loan debt under this section for those eligible borrowers whose applications for conversion are received on or after January 1, 2012 and before October 1, 2012. ``(3) Designation of loan.--The repayment obligation of the borrower whose eligible student loan debt was repaid by the Secretary and converted to a Federal debt under this section shall be referred to as a `FFEL Debt Conversion Loan'. ``(b) Eligible Borrower.--A borrower is eligible for a FFEL Debt Conversion Loan if the borrower, in addition to the loans described in subsection (c), has an outstanding loan that was made under this part, or an outstanding loan that was purchased by the Secretary pursuant to section 459A under the terms of that provision in effect on or before June 30, 2010. ``(c) Eligible Student Loan Debt.--A student loan of an eligible borrower is eligible for payment by a FFEL Debt Conversion Loan if-- ``(1) the loan was made, insured, or guaranteed under part B, and not previously purchased by the Secretary pursuant to section 459A under the terms of that provision in effect on or before June 30, 2010; ``(2) the loan is not in default; and ``(3) the loan is not delinquent for 270 days or more. ``(d) Terms and Conditions of Debt Conversion Loans.-- ``(1) Continuation of terms.--A FFEL Debt Conversion Loan shall be repayable by the borrower under the same terms and conditions as were applicable under the promissory note signed by the borrower for the eligible student loan debt being repaid by the Secretary under this section, including such terms as applied when the borrower entered repayment, and the availability of grace periods and deferments. ``(2) Aggregate loan limits.--Notwithstanding any other provision of this title, a FFEL Debt Conversion Loan shall be included in the calculation of the aggregate loan limit that was applicable to the borrower's eligible student loan for which the FFEL Debt Conversion Loan was obtained. ``(3) Other terms.-- ``(A) FFEL terms.--Other borrower benefits offered by the originating lender or the holder of the eligible student loan being repaid that are not specified in part B or in the borrower's promissory note for that loan are not available with respect to a FFEL Debt Conversion Loan. ``(B) Direct loan terms.--Except as provided in paragraph (5), benefits offered only for loans made under this part are not available with respect to a FFEL Debt Conversion Loan. ``(4) Fees.-- ``(A) No fees imposed by secretary.--The Secretary shall not charge the borrower any origination or other fee for the making of a FFEL Debt Conversion Loan. ``(B) No fees imposed by holder of eligible student loan debt.--Notwithstanding any other provision of law, the holder of an eligible student loan shall not charge the Secretary or the borrower any origination or other fee, including any fee for providing the information described in subsection (e), for the conversion of the eligible student loan debt to a FFEL Debt Conversion Loan. ``(5) Ffel debt conversion benefits.--The Secretary may offer benefits to a borrower of a FFEL Debt Conversion Loan, in an amount that shall not exceed 2 percent of the amount advanced on the FFEL Debt Conversion Loan, which may include payments to borrowers, reductions in the outstanding principal and interest on the FFEL Debt Conversion Loan, or such other benefits as the Secretary may establish. ``(e) Information From Holders of Student Loan Debt Eligible for Conversion.--A holder of an eligible student loan shall promptly provide the Secretary with the amount outstanding and such other information as may be needed to convert that debt under this section. ``(f) Notification.--Not later than December 1, 2011, the Secretary shall notify eligible borrowers-- ``(1) of their eligibility to convert an eligible student loan debt under this section; and ``(2) of the time frame for applying for such conversion.''. (c) Conforming Amendments.-- (1) Cohort default rate.--Section 435(m)(2) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)(2)) is amended by adding at the end the following: ``(E) For purposes of this subsection, a borrower who obtains a FFEL Debt Conversion Loan under section 459A shall continue to be considered as having entered repayment on the date the borrower entered repayment on the eligible student loan debt that was repaid by the Secretary and converted to a Federal debt under that section.''. (2) Contracts.--Section 456(b) of the Higher Education Act of 1965 (20 U.S.C. 1087f(b)) is amended-- (A) in paragraph (2), by inserting ``, converted,'' after ``made''; and (B) in paragraph (3), by inserting ``, converted,'' after ``made''. (3) Federal consolidation loans.--Section 428C(a)(4)(C) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(a)(4)(C)) is amended by inserting ``or converted'' after ``made''. (4) Income-based repayment.--Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended-- (A) in subsection (a)(3)(A), by inserting ``converted,'' after ``made,''; (B) in subsection (b)(1), by inserting ``converted,'' after ``made,''; and (C) in subsection (c), by inserting ``converted,'' after ``made,''. (d) Inapplicability of Title IV Negotiated Rulemaking and Master Calendar Exception.--Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the amendments made by this section, or to any regulations promulgated under those amendments. (e) Annual Cost Estimate.--Notwithstanding any other provision of this Act or an amendment made by this Act, the Secretary of Education shall carry out the requirement of section 459A(e)(3) of the Higher Education Act of 1965, as in effect on the day before the date of enactment of this Act, with respect to the annual cost estimates required to be submitted not later than February 15, 2012. (f) Funds for Federal Pell Grants.--The proceeds to the Federal Government from the temporary authority to convert student loan debt provided by the amendments made by this Act shall be used to carry out Federal Pell Grants under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a).

Student Loan Simplification and Opportunity Act of 2011 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to repeal the Secretary of Education's authority, under the Direct Loan (DL) program, to purchase or enter into forward commitments to purchase: (1) Federal Family Education Loans (FFELs) from lenders, upon the determination that there is an inadequate availability of loan capital to meet the demand for such loans; and (2) rehabilitated loans that eligible lenders purchased under the FFEL default reduction program. (Currently, the Secretary's authority to purchase or enter into forward commitments to purchase such loans is set to expire in July 2010, as is the FFEL program.) Authorizes the Secretary to offer borrowers FFEL Debt Conversion Loans, until October 2012, that cover FFELs that have not been purchased under the program this Act repeals, provided such borrowers: (1) are not in default or delinquent for 270 days or more on such loans, and (2) have an outstanding DL or an outstanding FFEL that was purchased pursuant to the program this Act repeals. (FFEL Debt Conversion Loans pay the holder of the FFEL the outstanding principal and interest on the loan, which the borrower is then obligated to repay to the Secretary under the terms of the converted FFEL.) Authorizes the Secretary to offer benefits to borrowers of FFEL Debt Conversion Loans in an amount up to 2% of the amount advanced on the FFEL Debt Conversion Loan. Requires federal proceeds from this Act's temporary authorization of FFEL Debt Conversion Loans to be used for the Pell grant program.

A bill to amend the Higher Education Act of 1965 to provide for temporary student loan debt conversion authority.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Building Code Incentive Act of 2012''. SEC. 2. FINDINGS. Congress finds that-- (1) mitigation planning is the foundation for saving lives, protecting residential and commercial properties, and developing disaster resistant communities; (2) recent studies of the performance of building structures during disasters have demonstrated that the adoption and active enforcement of State building codes have greatly reduced residential and commercial property damage and personal injury resulting from major disasters; (3) modern building codes govern all aspects of construction and are designed to ensure that single-family residential dwellings and commercial structures are protected from natural disasters; (4) the people of the United States rely on active enforcement of modern building codes for assurance that minimum standards for reducing personal injuries and property damages have been met in the buildings they live in, work in, and visit everyday; (5) active enforcement of building codes plays an increasingly important role in public safety and loss prevention of residential and commercial property; (6) active enforcement of building codes based on nationally recognized models reduces the need for public disaster aid, creates sustainable communities, promotes a level and consistent playing field for design professionals, suppliers, and builders, and can contribute to the durability of residential and commercial structures; (7) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal Emergency Management Agency provides Federal assistance to States for mitigation efforts; (8) it is beneficial and appropriate to expand Federal mitigation assistance to encourage States to take a comprehensive and integrated approach to disaster loss reduction; and (9) it is beneficial to the Federal Government and appropriate that Federal mitigation assistance be used to encourage the adoption and active enforcement of State building codes as a disaster mitigation strategy under the auspices of a comprehensive disaster loss reduction plan. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) substantially mitigate the occurrence of loss to residential and commercial property, reduce and minimize damage when losses to residential and commercial property occur, improve the quality and value of residential and commercial property, and reduce the need for public disaster aid; (2) provide incentives for the adoption and active enforcement of State building codes; (3) encourage States to continue their key responsibility to coordinate all State and local activities relating to hazard evaluation and mitigation, as specified in section 201.3(c) of title 44, Code of Federal Regulations, through the adoption and active enforcement of State building codes; and (4) encourage States to require that local governments use a current version of a nationally applicable model building code that address natural hazards as a basis for design and construction of State-sponsored mitigation projects described in section 201.5(b)(4)(iv) of title 44, Code of Federal Regulations. SEC. 4. ADDITIONAL MITIGATION ASSISTANCE. (a) In General.--Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following: ``(d) Additional Mitigation Assistance.-- ``(1) In general.--If, at the time of a declaration of a major disaster, the affected State has in effect and is actively enforcing throughout the State a State building code that satisfies the conditions in paragraph (2), the President may increase the maximum total of contributions under this section for the major disaster, as specified in subsection (a) and section 322(e), by an amount equal to 4 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this Act with respect to the major disaster. ``(2) Submission.--To be eligible for an increased Federal share under paragraph (1), a State shall certify to the President that the State has a building code that-- ``(A) is consistent with the most recent version of a nationally recognized model building code; ``(B) has been adopted by the State within 6 years of the most recent version of the nationally recognized model building code; and ``(C) uses the nationally recognized model building code as a minimum standard. ``(3) Approval.--The President shall approve the additional assistance under this section, if the President determines that the certification of the State provided under paragraph (2) is sufficient and is submitted not later than 90 days after the date of a declared disaster. ``(4) Periodic updates.--The President, acting through the Administrator, shall set appropriate standards, by regulation, for the periodic update, resubmittal, and approval of a State building code approved by the President in accordance with paragraph (3) that are consistent with similar requirements related to mitigation planning under section 322. ``(5) Definitions.--In this subsection, the following definitions apply: ``(A) Actively enforcing.--The term `actively enforcing' means effective jurisdictional execution of all phases of a State building code in the process of examination and approval of construction plans, specifications, and technical data and the inspection of new construction or renovation. ``(B) Nationally recognized model building code.-- The term `nationally recognized model building code' means a building code for residential and commercial construction and construction materials that-- ``(i) has been developed and published by a code organization in an open consensus type forum with input from national experts; and ``(ii) is based on national structural design standards that establish minimum acceptable criteria for the design, construction, and maintenance of residential and commercial buildings for the purpose of protecting the health, safety, and general welfare of the building's users against natural disasters. ``(C) State building code.--The term `State building code' means requirements and associated standards for residential and commercial construction and construction materials that are implemented on a statewide basis by ordinance, resolution, law, housing or building code, or zoning ordinance. At a minimum, such requirements and associated standards shall apply-- ``(i) to construction-related activities of residential building contractors applicable to single-family and 2-family residential structures; and ``(ii) to construction-related activities of engineers, architects, designers, and commercial building contractors applicable to the structural safety, design, and construction of commercial, industrial, and multifamily structures. ``(6) Regulations.--Not later than 180 days after the date of enactment of this subsection, the President, acting through the Administrator of the Federal Emergency Management Agency, shall issue such regulations as may be necessary to carry out this subsection.''. (b) Applicability.--Section 404(d) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by this section, shall apply to major disasters declared on or after October 24, 2012. Major disasters declared during the period beginning on October 24, 2012 and ending on the date of enactment of this Act, shall have 90 days from date of enactment of this Act to submit the certification required under 404(d)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by this Act.

Safe Building Code Incentive Act of 2012 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4% of the estimated aggregate amount of grants to be made under the Act if, at the time of a declaration of a major disaster, the affected state certifies that it has in effect and is actively enforcing a state building code that: (1) is consistent with the most recent version of a nationally recognized model building code, (2) has been adopted by the state within six years of the most recent version of the nationally recognized code, and (3) uses the nationally recognized code as a minimum standard. Directs the President to approve the additional assistance upon determining that such certification is sufficient and is submitted not later than 90 days after the date of a declared disaster. Requires the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to set appropriate standards for the periodic update, resubmittal, and approval of state building codes, consistent with similar mitigation planning requirements under the Stafford Act. Makes this Act applicable to major disasters declared on or after October 24, 2012. Allows 90 days from this Act's enactment for submission of the required certification for disasters declared between October 24, 2012, and such enactment.

A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to enhance existing programs providing mitigation assistance by encouraging States to adopt and actively enforce State building codes, 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 costs over $74,000,000,000 annually in lost work time, fuel consumption, and costs of infrastructure and equipment repair. (3) On average on-road-vehicles contribute 30 percent of nitrogen oxides emissions. (4) It is estimated that staying at home to work requires 3 times less energy consumption than commuting to work. (5) It was recently reported that if an identified 10 to 20 percent of commuters switched to teleworking, 1,800,000 tons of regulated pollutants would be eliminated, 3,500,000,000 gallons of gas would be saved, 3,100,000,000 hours of personal time would be freed up, and maintenance and infrastructure costs would decrease by $500,000,000 annually because of reduced congestion and reduced vehicle miles traveled. (6) The average American daily commute is 62 minutes for a 44-mile round-trip (a total of 6 days per year and 5,808 miles per year). (7) The increase in work from 1969 to 1996, the increase in hours mothers spend in paid work, combined with a shift toward single-parent families resulted in families on average experiencing a decrease of 22 hours a week (14 percent) in parental time available outside of paid work they could spend with their children. (8) Companies with teleworking programs have found that teleworking can boost employee productivity 5 percent to 20 percent. (9) Today 60 percent of the workforce is involved in information work (an increase of 43 percent since 1990) allowing and encouraging decentralization of paid work to occur. (10) In recent years, studies performed in the United States have shown a marked expansion of teleworking, with an estimate of 19,000,000 Americans teleworking by the year 2002, 5 times the amount in 1990. 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. 30B. 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 $500. ``(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 paragraph (1) shall be reduced by an amount which bears the same ratio to $500 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 (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following new paragraph: ``(28) to the extent provided in section 30B(e), in the case of amounts with respect to which a credit has been allowed under section 30B.''. (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. 30B. 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 a tax credit of up to $500 annually for "qualified teleworking expenses." Defines such expenses.

A bill 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 ``Unemployment Assistance Act of 2009''. SEC. 2. EXCLUSION FROM GROSS INCOME OF UNEMPLOYMENT DISTRIBUTIONS FROM TAX-FAVORED ACCOUNTS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code is amended by inserting after section 139B the following new section: ``SEC. 139C. DISTRIBUTIONS FROM TAX-FAVORED ACCOUNT DURING PERIODS OF UNEMPLOYMENT. ``(a) In General.--Gross income shall not include any qualified unemployment distribution from a tax-favored account. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified unemployment distribution.-- ``(A) In general.--The term `qualified unemployment distribution' means, with respect to an individual, any distribution from a tax-favored account of such individual to the extent such distribution-- ``(i) is made during a period of unemployment which does not exceed 2 years, and ``(ii) is used during such period by the individual to pay qualified living expenses, qualified health care expenses, or qualified education or job training expenses. ``(B) Qualified living expenses.--The term `qualified living expenses' means any of the following expenses of the taxpayer: rent, acquisition indebtedness (as defined in section 164(h)(3)(B)), groceries, repairs with respect to a vehicle or principal residence (within the meaning of section 121) of the taxpayer, and any other such necessary and common expenses of the individuals. Such term shall not include any prepayment of rent or acquisition indebtedness. ``(C) Qualified health care expenses.--The term `qualified health care expenses' means amounts paid by such individual for medical care (as defined in section 213(d) for such individual, the spouse of such individual, and any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual, but only to the extent such amounts are not compensated for by insurance or otherwise. ``(D) Qualified education or job training expenses.--The term `qualified education or job training expenses' means any expenses which would (but for subsection (c)) be qualified tuition and related expenses for purposes of section 25A(c) (relating to Lifetime Learning Credit). ``(2) Tax-favored account.--The term `tax-favored account' means any of the following: ``(A) An eligible retirement plan (as defined in section 402(c)(8)(B)). ``(B) A health savings account described in section 223. ``(C) A Roth IRA. ``(D) A qualified tuition program described in section 529. ``(c) Amount Distributed May Be Repaid.-- ``(1) In general.--Any individual who receives a qualified unemployment distribution may make one or more contributions in an aggregate amount not to exceed the amount of such distribution to a tax-favored account of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), 223(f)(5), or 529(c)(3)(C), as the case may be. ``(2) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified unemployment distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified unemployment distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(3) Treatment of repayments for distributions from iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified unemployment distribution from an individual retirement plan (as defined by section 7701(a)(37)), then, to the extent of the amount of the contribution, the qualified unemployment distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(4) Other tax-favored accounts.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified unemployment distribution-- ``(A) from a health savings account described in section 223, or ``(B) from a qualified tuition program described in section 529 then, to the extent of the amount of the contribution, the qualified unemployment distribution shall be treated as a distribution described in section 529(c)(3)(C) or 223(f)(5), as the case may be, and as having been transferred to such account or program, as the case may be, within 60 days of the distribution. ``(d) Denial of Double Benefit.--Any qualified unemployment distribution with respect to any expense described in (b)(1)(A)(ii) which is excluded from gross income under this section shall not be taken into account in determining any deduction or credit under this chapter relating to such an expense.''. (b) Conforming Amendment.--Paragraph (2) of section 72(t) of such Code is amended by adding at the end the following new subparagraph: ``(H) Unemployment distributions.--Any distribution excludable from gross income under section 139C (relating to distributions from tax-favored account during periods of unemployment).''. (c) 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 139B the following new section: ``Sec. 139C. Distributions from tax-favored account during periods of unemployment.''. (d) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act.

Unemployment Assistance Act of 2009 - Amends the Internal Revenue Code to exclude from gross income amounts distributed from tax-exempt retirement plans, health savings accounts, Roth individual retirement accounts (IRAs), and qualified tuition programs to pay for certain living, health care and education or job training expenses of a taxpayer during a period of unemployment not exceeding two years.

To amend the Internal Revenue Code of 1986 to exclude from gross income amounts distributed from tax-favored accounts during a period of unemployment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Pension Forfeiture Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) Members of Congress pledge to uphold the Constitution and the laws of the United States; (2) Members of Congress are elected to serve in the public trust and pledge to uphold the public trust; (3) a breach of the public trust by a Member of Congress is a serious offense that should have serious consequences; and (4) taxpayers should not pay for the retirement benefits of Members of Congress who have breached the public trust. SEC. 3. FORFEITURE. (a) Civil Service Retirement System.--Section 8332 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this subchapter, the service of an individual convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this subchapter. Any such individual (or other person determined under section 8342(c), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2)(A) An offense described in this paragraph is any offense described in subparagraph (B) for which the following apply: ``(i) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(ii) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(iii) The offense is committed during the One Hundred Sixth Congress or later. ``(B) The offenses described in this subparagraph are as follows: ``(i) An offense within the purview of-- ``(I) section 201 of title 18 (bribery of public officials and witnesses); ``(II) section 203 of title 18 (compensation to Members of Congress, officers, and others in matters affecting the Government); ``(III) section 204 of title 18 (practice in United States Court of Federal Claims or the United States Court of Appeals for the Federal Circuit by Members of Congress); ``(IV) section 219 of title 18 (officers and employees acting as agents of foreign principals); ``(V) section 286 of title 18 (conspiracy to defraud the Government with respect to claims); ``(VI) section 287 of title 18 (false, fictitious, or fraudulent claims); ``(VII) section 371 of title 18 (conspiracy to commit offense or to defraud the United States); ``(VIII) section 597 of title 18 (expenditures to influence voting); ``(IX) section 599 of title 18 (promise of appointment by candidate); ``(X) section 602 of title 18 (solicitation of political contributions); ``(XI) section 606 of title 18 (intimidation to secure political contributions); ``(XII) section 607 of title 18 (place of solicitation); ``(XIII) section 641 of title 18 (public money, property or records); ``(XIV) section 1001 of title 18 (statements or entries generally); ``(XV) section 1341 of title 18 (frauds and swindles); ``(XVI) section 1343 of title 18 (fraud by wire, radio, or television); ``(XVII) section 1503 of title 18 (influencing or injuring officer or juror); ``(XVIII) section 1951 of title 18 (interference with commerce by threats or violence); ``(XIX) section 1952 of title 18 (interstate and foreign travel or transportation in aid of racketeering enterprises); ``(XX) section 1962 of title 18 (prohibited activities); or ``(XXI) section 7201 of the Internal Revenue Code of 1986 (attempt to evade or defeat tax). ``(ii) Perjury committed under the statutes of the United States in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by clause (i). ``(iii) Subornation of perjury committed in connection with the false denial of another individual as specified by clause (ii). ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this subchapter while serving as a Member. ``(4) Except as provided in paragraph (5), the Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) The Executive Director (within the meaning of section 8401(13)) shall prescribe such regulations as may be necessary to carry out the purposes of this subsection with respect to the Thrift Savings Plan. Regulations under this paragraph shall include provisions requiring the return of all vested amounts. ``(6) Nothing in this subsection shall restrict any authority under subchapter II or any other provision of law to deny or withhold benefits authorized by statute. ``(7) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8331(2).''. (b) Federal Employees' Retirement System.--Section 8411 of title 5, United States Code, is amended by adding at the end the following: ``(i)(1) Notwithstanding any other provision of this chapter, the service of an individual convicted of an offense described in paragraph (2) shall not, if or to the extent rendered as a Member (irrespective of when rendered), be taken into account for purposes of this chapter. Any such individual (or other person determined under section 8424(d), if applicable) shall be entitled to be paid so much of such individual's lump-sum credit as is attributable to service to which the preceding sentence applies. ``(2) An offense described in this paragraph is any offense described in section 8332(o)(2)(B) for which the following apply: ``(A) The offense is committed by the individual (referred to in paragraph (1)) while a Member. ``(B) The conduct on which the offense is based is directly related to the individual's service as a Member. ``(C) The offense is committed during the One Hundred Sixth Congress or later. ``(3) An individual convicted of an offense described in paragraph (2) shall not, after the date of the conviction, be eligible to participate in the retirement system under this chapter while serving as a Member. ``(4) Except as provided in paragraph (5), the Office shall prescribe such regulations as may be necessary to carry out this subsection, including provisions under which interest on any lump-sum payment under the second sentence of paragraph (1) shall be limited in a manner similar to that specified in the last sentence of section 8316(b). ``(5) The Executive Director shall prescribe such regulations as may be necessary to carry out the purposes of this subsection with respect to the Thrift Savings Plan. Regulations under this paragraph shall include provisions requiring the return of all vested amounts. ``(6) Nothing in this subsection shall restrict any authority under subchapter II of chapter 83 or any other provision of law to deny or withhold benefits authorized by statute. ``(7) For purposes of this subsection, the term `Member' has the meaning given such term by section 2106, notwithstanding section 8401(20).''.

Congressional Pension Forfeiture Act of 1997 - Amends Federal law to provide that any service as a Member of Congress of an individual convicted of one of specified offenses committed while a Member and directly related to the individual's service during the 106th Congress or later shall not be taken into account as creditable service for purposes of annuity or retirement provisions. Includes among such offenses: (1) bribery of public officials; (2) conspiracy to defraud the Government with respect to claims; (3) making or receiving expenditures to influence voting; (4) acting as an agent of a foreign principal; (5) frauds and swindles; and (6) tax evasion. Entitles such individual (or his or her beneficiary or estate, if applicable) to be paid so much of such individual's lump-sum credit as is attributable to such service. Prohibits: (1) the individual, while serving as a Member after the date of the conviction, from being eligible to participate in the Civil Service Retirement System or the Federal Employees Retirement System; and (2) interest from being computed on such lump-sum payment for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.

Congressional Pension Forfeiture Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Review Panel Technical Amendments Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy. (2) Small businesses bear a disproportionate share of regulatory costs and burdens. (3) Federal agencies must consider the impact of their regulations on small businesses early in the rulemaking process. (4) The Small Business Advocacy Review Panel process that was established by the Small Business Regulatory Enforcement Fairness Act of 1996 has been effective in allowing small businesses to participate in rules that are being developed by the Environmental Protection Agency and the Occupational Safety and Health Administration. (b) Purposes.--The purposes of this Act are the following: (1) To provide a forum for the effective participation of small businesses in the Federal regulatory process. (2) To clarify and strengthen the Small Business Advocacy Review Panel process. (3) To expand the number of Federal agencies that are required to convene Small Business Advocacy Review Panels. SEC. 3. ENSURING FULL ANALYSIS OF POTENTIAL IMPACTS ON SMALL ENTITIES OF RULES PROPOSED BY CERTAIN AGENCIES. Section 609(b) of title 5, United States Code, is amended to read as follows: ``(b)(1) Before the publication of an initial regulatory flexibility analysis that a covered agency is required to conduct under this chapter, the head of the covered agency shall-- ``(A) notify the Chief Counsel for Advocacy of the Small Business Administration (in this subsection referred to as the `Chief Counsel') in writing; ``(B) provide the Chief Counsel with information on the potential impacts of the proposed rule on small entities and the type of small entities that might be affected; and ``(C) not later than 30 days after complying with subparagraphs (A) and (B)-- ``(i) with the concurrence of the Chief Counsel, identify affected small entity representatives; and ``(ii) transmit the information referred to in subparagraph (B) to the identified small entity representatives for the purposes of obtaining advice and recommendations about the potential impacts of the draft proposed rule. ``(2)(A) Not earlier than 30 days after the covered agency transmits information pursuant to paragraph (1)(C)(ii), the head of the covered agency shall convene a review panel for the draft proposed rule. The panel shall consist solely of full-time Federal employees of the office within the covered agency that will be responsible for carrying out the proposed rule, the Office of Information and Regulatory Affairs of the Office of Management and Budget, and the Chief Counsel. ``(B) The review panel shall-- ``(i) review any material the covered agency has prepared in connection with this chapter, including any draft proposed rule; ``(ii) collect advice and recommendations from the small entity representatives identified under paragraph (1)(C)(i) on issues related to paragraphs (3), (4), and (5) of section 603(b) and section 603(c); and ``(iii) allow any small entity representative identified under paragraph (1)(C)(i) to make an oral presentation to the panel, if requested. ``(C) Not later than 60 days after the date a covered agency convenes a review panel pursuant to this paragraph, the review panel shall report to the head of the covered agency on-- ``(i) the comments received from the small entity representatives identified under paragraph (1)(C)(i); and ``(ii) its findings regarding issues related to paragraphs (3), (4), and (5) of section 603(b) and section 603(c). ``(3) The head of the covered agency shall print in the Federal Register the report of the review panel under paragraph (2)(C), by the earlier of-- ``(A) 120 days after the date the head of the covered agency receives the report; or ``(B) as part of the publication of the notice of proposed rulemaking for the proposed rule. ``(4) Where appropriate, the covered agency shall modify the draft proposed rule, the initial regulatory flexibility analysis for the draft proposed rule, or the decision on whether an initial regulatory flexibility analysis is required for the draft proposed rule.''. SEC. 4. DEFINITIONS. Section 609(d) of title 5, United States Code, is amended to read as follows: ``(d) For the purposes of this section-- ``(1) the term `covered agency' means the Environmental Protection Agency, the Occupational Safety and Health Administration of the Department of Labor, and the Internal Revenue Service of the Department of the Treasury; and ``(2) the term `small entity representative' means a small entity, or an individual or organization that represents a small entity.''. SEC. 5. EFFECTIVE DATE. This Act shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act.

Small Business Review Panel Technical Amendments Act of 1999 (sic) - Amends Federal provisions concerning the promulgation of Federal rules to allow representatives of small entities that may be affected to make an oral presentation to a review panel for a proposed rule. Requires the head of an agency covered by the rule to print the report of the review panel in the Federal Register within 120 days after receiving it or as part of the publication of the notice of proposed rulemaking.

To amend provisions of law enacted by the Small Business Regulatory Enforcement Fairness Act of 1996 to ensure full analysis of potential impacts on small entities of rules proposed by certain agencies, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Health Care Fraud and Abuse Advisory Opinion Act of 1994''. (b) References in Act.--Except as otherwise specifically provided, whenever an amendment herein is expressed in terms of an amendment to, or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. SEC. 2. AUTHORIZING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO ISSUE ADVISORY OPINIONS UNDER TITLE XI. (a) Authorization.--Title XI, section 1128 (42 U.S.C. 1320a-7) is amended by the addition of the following new paragraph: ``(j) The Secretary shall issue advisory opinions as provided in this section. ``(1) Matters subject to advisory opinions.--The Secretary shall issue advisory opinions as to the following matters: ``(i) What constitutes prohibited remuneration within the meaning of section 1320a-7b(b) of title 42, United States Code. ``(ii) Whether an arrangement or proposed arrangement satisfies the criteria set forth in section 1320a-7b(b)(3) of title 42, United States Code as amended for activities which do not result in prohibited remuneration. ``(iii) Whether an arrangement or proposed arrangement satisfies the criteria which the Secretary has established, or shall establish by regulation for activities which do not result in prohibited remuneration. ``(iv) What constitutes an inducement to reduce or limit services to individuals entitled to benefits under part A or part B of title XVIII or title XIX within the meaning of section 1320a-7a(b) of title 42, United States Code. ``(v) Whether an arrangement, activity or proposed arrangement or proposed activity violates any other provision of the Act. ``(2) Matters not subject to advisory opinions.--Such advisory opinions shall not address the following matters: ``(i) Whether the fair market value shall be, or was paid or received for any goods, services or property. ``(ii) Whether an individual is a bona fide employee within the requirements of section 3121(d)(2) of title 26, United States Code. ``(3) Effect of advisory opinions.-- ``(i) Each advisory opinion issued by the Secretary shall be binding as to the Secretary and the party or parties requesting the opinion. ``(ii) The failure of a party to seek an advisory opinion may not be introduced into evidence to prove that the party intended to violate the provisions of sections 1320a-7, 1320a-7(a), or 1320a-7(b) of title 42, United States Code. ``(4) Regulations.--The Secretary within one hundred and eighty days of the date of enactment, shall issue regulations establishing a system for the issuance of advisory opinions. Such regulations shall provide for-- ``(i) the procedure to be followed by a party applying for an advisory opinion; ``(ii) the procedure to be followed by the Secretary in responding to a request for an advisory opinion; ``(iii) the interval in which the Secretary shall respond; ``(iv) the reasonable fee to be charged to the party requesting an advisory opinion; and ``(v) the manner in which advisory opinions will be made available to the public. ``(5) Interval for issuance of advisory opinions.--Under no circumstances shall the interval in which the Secretary shall respond to a party requesting an advisory opinion exceed 30 days.''. SEC. 3. AUTHORIZING THE SECRETARY OF HEALTH AND HUMAN SERVICES TO ISSUE ADVISORY OPINIONS UNDER TITLE XVIII. (a) Authorization.--Title XVIII, section 1877 (42 U.S.C. 1395nn) is amended by the addition of the following new paragraph: ``(i)(1) Advisory Opinions.--The Secretary shall issue advisory opinions on whether an arrangement or proposed arrangement will result in a prohibited referral within the meaning of section 1395nn of title 42, United States Code, as amended. ``(2) Effect of Advisory Opinions.-- ``(i) Each advisory opinion issued by the Secretary shall be binding as to the Secretary and the party or parties requesting the opinion. ``(ii) The failure of a party to seek an advisory opinion may not be introduced into evidence to prove that the party intended to violate the provisions of section 1395nn of title 42, United States Code. ``(3) Regulations.--The Secretary within one hundred and eighty days of the date of enactment, shall issue regulations establishing a system for the issuance of advisory opinions. Such regulations shall provide for-- ``(i) the procedure to be followed by a party applying for an advisory opinion; ``(ii) the procedure to be followed by the Secretary in responding to a request for an advisory opinion; ``(iii) the interval in which the Secretary shall respond; ``(iv) the reasonable fee to be charged to the party requesting an advisory opinion; and ``(v) the manner in which advisory opinions will be made available to the public. ``(4) Interval for Issuance of Advisory Opinions.--Under no circumstances shall the interval in which the Secretary shall respond to a party requesting an advisory opinion exceed thirty days.''. SEC. 4. EFFECTIVE DATE. Unless otherwise specified herein, the Health Care Fraud and Abuse Advisory Opinion Act of 1994 shall be effective upon enactment.

Health Care Fraud and Abuse Advisory Opinion Act of 1994 - Amends title XI of the Social Security Act (SSA) to give the Secretary of Health and Human Services the authority to issue binding advisory opinions addressing certain matters, such as what constitutes prohibited remuneration or an inducement to reduce or limit Medicare or Medicaid services, and whether an arrangement or activity, actual or proposed, violates any other SSA provisions. Amends SSA title XVIII (Medicare) to give the Secretary the authority to issue binding advisory opinions on whether an arrangement or proposed arrangement will result in a prohibited physician referral. Requires the Secretary to issue regulations establishing systems for the issuance of the advisory opinions above.

Health Care Fraud and Abuse Advisory Opinion Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jumpstarting Our Business Sector Act of 2011''. SEC. 2. REDUCTION IN CORPORATE INCOME TAX RATES. (a) In General.--Subsection (b) of section 11 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.--The amount of the tax imposed by subsection (a) shall be 0 percent of taxable income.''. (b) Conforming Amendments.-- (1) Section 55(b)(1)(B)(i) of such Code is amended by striking ``20 percent'' and inserting ``0 percent''. (2) Section 280C(c)(3)(B)(ii)(II) of such Code is amended by striking ``maximum rate of tax under section 11(b)(1)'' and inserting ``rate of tax under section 11(b)''. (3) Sections 860E(e)(2)(B), 860E(e)(6)(A)(ii), 860K(d)(2)(A)(ii), 860K(e)(1)(B)(ii), 1446(b)(2)(B), and 7874(e)(1)(B) of such Code are each amended by striking ``highest rate of tax specified in section 11(b)(1)'' and inserting ``rate of tax specified in section 11(b)''. (4) Section 904(b)(3)(D)(ii) of such Code is amended by striking ``(determined without regard to the last sentence of section 11(b)(1))''. (5) Section 962 of such Code is amended by striking subsection (c) and by redesignating subsection (d) as subsection (c). (6) Section 1201(a) of such Code is amended-- (A) by striking ``35 percent (determined without regard to the last 2 sentences of section 11(b)(1))'' and inserting ``0 percent'', and (B) by striking ``35 percent'' in paragraph (2) and inserting ``0 percent''. (7) Section 1561(a) of such Code is amended-- (A) by striking paragraph (1) and by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively, (B) by striking ``The amounts specified in paragraph (1), the'' and inserting ``The'', (C) by striking ``paragraph (2)'' and inserting ``paragraph (1)'', (D) by striking ``paragraph (3)'' both places it appears and inserting ``paragraph (2)'', (E) by striking ``paragraph (4)'' and inserting ``paragraph (3)'', and (F) by striking the fourth sentence. (8) Subsection (b) of section 1561 of such Code is amended to read as follows: ``(b) Certain Short Taxable Years.--If a corporation has a short taxable year which does not include a December 31 and is a component member of a controlled group of corporations with respect to such taxable year, then for purposes of this subtitle, the amount to be used in computing the accumulated earnings credit under section 535(c) (2) and (3) of such corporation for such taxable year shall be the amount specified in subsection (a)(1) divided by the number of corporations which are component members of such group on the last day of such taxable year. For purposes of the preceding sentence, section 1563(b) shall be applied as if such last day were substituted for December 31.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 3. ZERO PERCENT CAPITAL GAINS RATE FOR INDIVIDUALS AND CORPORATIONS. (a) Zero Percent Capital Gains Rate for Individuals.-- (1) In general.--Paragraph (1) of section 1(h) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) and subparagraphs (C) and (D), respectively, and by amending subparagraph (B) to read as follows: ``(B) 0 percent of the adjusted net capital gain (or, if less, taxable income);''. (2) Alternative minimum tax.--Paragraph (3) of section 55(b) is amended by striking subparagraph (C), by redesignating subparagraph (D) as subparagraph (C), and by amending subparagraph (B) to read as follows: ``(B) 0 percent of the adjusted net capital gain (or, if less, taxable excess), plus''. (3) Repeal of sunset of reduction in capital gains rates for individuals.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 shall not apply to section 301 of such Act. (b) Zero Percent Capital Gains Rate for Corporations.-- (1) In general.--Section 1201 of the Internal Revenue Code of 1986 is amended by redesignating subsection (b) as subsection (c), and by striking subsection (a) and inserting the following new subsections: ``(a) General Rule.--If for any taxable year a corporation has a net capital gain, then, in lieu of the tax imposed by sections 11, 511, 821(a) or (c), and 831(a), there is hereby imposed a tax (if such tax is less than the tax imposed by such sections) which shall consist of the sum of-- ``(1) a tax computed on the taxable income reduced by the amount of the net capital gain, at the rates and in the manner as if this subsection had not been enacted, ``(2) 0 percent of the adjusted net capital gain (or, if less, taxable income), ``(3) 25 percent of the excess (if any) of-- ``(A) the unrecaptured section 1250 gain (or, if less, the net capital gain (determined without regard to subsection (b)(2)), over ``(B) the excess (if any) of-- ``(i) the sum of the amount on which tax is determined under paragraph (1) plus the net capital gain, over ``(ii) taxable income, plus ``(4) 28 percent of the amount of taxable income in excess of the sum of the amounts on which tax is determined under the preceding paragraphs of this subsection. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) In general.--The terms `adjusted net capital gain' and `unrecaptured section 1250 gain' shall have the respective meanings given such terms in section 1(h). ``(2) Dividends taxed at net capital gain.--Except as otherwise provided in this section, the term `net capital gain' has the meaning given such term in section 1(h)(11).''. (2) Alternative minimum tax.--Section 55(b) of such Code is amended by adding at the end the following new paragraph: ``(4) Maximum rate of tax on net capital gain of corporations.--The amount determined under paragraph (1)(B)(i) shall not exceed the sum of-- ``(A) the amount determined under such paragraph computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the net capital gain, plus ``(B) the amount determined under section 1201.''. (3) Technical amendments.-- (A) Section 1445(e)(1) of such Code is amended by striking ``35 percent (or, to the extent provided in regulations, 15 percent)'' and inserting ``0 percent''. (B) Section 1445(e)(2) of such Code is amended by striking ``35 percent'' and inserting ``0 percent''. (C) Section 7518(g)(6)(A) of such Code is amended by striking ``15 percent (34 percent in the case of a corporation)'' and inserting ``0 percent''. (D) Section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended by striking ``15 percent (34 percent in the case of a corporation)'' and inserting ``0 percent''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) Withholding.--The amendments made by subparagraphs (A) and (B) of subsection (b)(3) shall apply to dispositions and distributions after the date of the enactment of this Act. SEC. 4. ONE-YEAR EXTENSION OF BONUS DEPRECIATION AND 100 PERCENT EXPENSING FOR CERTAIN BUSINESS ASSETS. (a) In General.-- (1) Bonus depreciation.--Paragraph (2) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``January 1, 2014'' in subparagraph (A)(iv) and inserting ``January 1, 2015'', and (B) by striking ``January 1, 2013'' each place it appears and inserting ``January 1, 2014''. (2) 100 percent expensing.--Paragraph (5) of section 168(k) is amended to read as follows: ``(5) Temporary 100 percent bonus depreciation.--Paragraph (1)(A) shall be applied by substituting `100 percent' for `50 percent' in the case of property placed in service by the taxpayer after September 8, 2010, which would be qualified property if-- ``(A) `January 1, 2013' were substituted for `January 1, 2014' each place it appears in paragraph (2), ``(B) `January 1, 2014' were substituted for `January 1, 2015' in clause (iv) of paragraph (2)(A), and ``(C) `September 8, 2010' were substituted for `December 31, 2007' each place it appears in paragraph (2).''. (3) Special rules relating to election to accelerate amt credit in lieu of bonus depreciation.-- (A) Subclause (II) of section 168(k)(4)(D)(iii) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (B) Clause (iv) of section 168(k)(4)(I) of such Code is amended-- (i) by inserting after ``Act of 2010'', and (ii) by striking ``of such Act'' and inserting ``or section 2(a)(3)(A) of either such Act, respectively''. (4) Conforming amendments.-- (A) The heading for subsection (k) of section 168 of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (B) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``pre- january 1, 2013'' and inserting ``pre-january 1, 2014''. (C) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (D) Subparagraph (D) of section 1400L(b)(2) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (E) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2011.

Jumpstarting Our Business Sector Act of 2011 - Amends the Internal Revenue Code to: (1) eliminate the corporate income tax and the tax on the capital gains of individuals and corporations; and (2) extend for one year the additional depreciation allowance for business and investment assets (bonus depreciation), the 100% expensing allowance for such assets, and the election to accelerate the alternative minimum tax (AMT) credit in lieu of bonus depreciation.

To amend the Internal Revenue Code of 1986 to provide individual and corporate income tax relief and to extend 100 percent bonus depreciation, and for other purposes.

SECTION 1. FINDINGS. Congress finds that-- (1) the 50-mile Handford Reach is the last free-flowing nontidal segment of the Columbia River in the United States and has been preserved in a relatively natural condition because of its location within the Hanford Nuclear Reservation; (2) in 1988, Congress, in Public Law 100-605 (102 Stat. 3043), called for an analysis of protection alternatives for the Hanford Reach and a report to Congress by the Secretary of the Interior, who concluded in the Hanford Reach Final Environmental Impact Statement dated June 1994 that the Hanford Reach should be designated as a recreational river under the Wild and Scenic Rivers Act; (3) the Hanford Reach is a vital migration corridor for anadromous fish and contains some of the most productive spawning areas in the Northwest United States, producing an estimated 80 percent of the Columbia Basin's fall chinook salmon and healthy runs of naturally spawning steelhead trout, sturgeon, and other highly valued fish species; (4) the Hanford Reach provides important habitat for wintering and migrating waterfowl, bald eagles, deer, elk, and a diversity of other wildlife, including numerous Federal and State-listed threatened and endangered plant and animal species, some of which are found nowhere else; (5) the White Bluffs and pristine conditions of the Hanford Reach offer scenic beauty, opportunities for solitude, and recreation, including hunting, fishing, boating, hiking, swimming, and wildlife observation, in close proximity to the Tri-Cities area of the State of Washington; (6) the Hanford Reach and its salmon runs have been important to mid-Columbia Native Americans for subsistence, cultural, and religious purposes for more than 10,000 years, and there are 150 registered archaeological sites in the area; (7) the southern shore of the Hanford Reach chronicles the history of the Manhattan Project, defense nuclear production during the cold war, and early Euro-American settlement of the area; (8) the White Bluffs and adjacent shoreline areas are a significant paleontological resource and are rich with fossils remains from the Pliocene period; (9) protection of the Hanford Reach as a national wild and scenic river can enhance local revenues from outdoor recreation and increase economic investment in the Tri-Cities area by highlighting the quality of life and natural amenities of the area; (10) economic activities along the river corridor in existence on the date of enactment of this Act, such as agriculture, power production and transmission, and water withdrawal, are compatible with the recreational classification of the river, and the classification made by this Act cannot be changed except by a subsequent Act of Congress; (11) designation of the Hanford Reach as a wild and scenic river can facilitate, and make less costly, the remediation of contaminated areas of the Hanford Nuclear Reservation by determining future land use within the river corridor and helping to ensure the Federal commitment to the cleanup of the Hanford Site; (12) the Hanford Reach has special significance as an outdoor laboratory and classroom and offers a singular opportunity for government agencies, tribes, and community organizations to develop a partnership around an education and interpretation program focused on the area's unique natural and human history; (13) the Columbia River shore immediately downstream of the Hanford Reach in the Tri-Cities area currently contains miles of high, steep levees which create a sterile gauntlet through which migrating anadromous fish must pass, and that flow controls on the Columbia River have reduced the need for levees of this height; (14) modifying levees in the Tri-Cities area could significantly improve the habitat value of this transition area to the Hanford Reach for fish and wildlife, decrease mortality of migratory fish and waterfowl, and have the additional benefits of improving rivershore access, recreation, and aesthetics; and (15) local jurisdictions in the Tri-Cities area have expressed interest in a partnership with the Army Corps of Engineers and other agencies to study rivershore restoration in the Tri-Cities area and develop a plan of action. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to protect the natural, cultural, scenic, and recreational resources of the Hanford Reach of the Columbia River; (2) to encourage education and interpretation of the Hanford Reach; and (3) to restore and enhance the natural habitat of the rivershore immediately downstream of the Hanford Reach in the vicinity of the Tri-Cities area of the State of Washington. SEC. 3. COLUMBIA RIVER NATIONAL WILD AND SCENIC RIVER. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(____) Hanford reach, columbia river, washington.--The river segment from river mile 346.5 to river mile 396, Hanford Reach, Columbia River, Washington, as a recreational river, subject to the following: ``(A) No privately owned land.--Only public land adjacent to the river segment, and no privately owned land, may be included in the river segment. ``(B) Management.-- ``(i) In general.--The Secretary of the Interior shall manage the river segment as a recreational river in accordance with the National Wildlife Refuge System Administration Act of 1996 (16 U.S.C. 668dd et seq.), this Act, and other applicable law. ``(ii) Rule of construction.--Nothing in this Act or any other law authorizes the Secretary of the Interior or any other governmental officer to alter the classification of the river segment as a recreational river. ``(C) Development of plan.--In developing and periodically revising a plan for the management of the river segment, the Secretary of the Interior shall-- ``(i) consult with-- ``(I) affected Indian tribes; ``(II) the State of Washington; ``(III) the Secretary of Energy; ``(IV) governments of local jurisdictions adjacent to the river segment; and ``(V) and advisory council composed of the chairperson of the county commissions for Benton County, Franklin County, and Grant County, Washington, and four citizens selected by the Governor of Washington from those counties to represent environmental, recreational, cultural, and other stakeholder interests; ``(ii) provide opportunity for public participation; ``(iii) develop a strategy for acquiring private land in the area defined by the applicable environmental impact statement by purchase, conservation easement, lease, or donation on a willing-seller basis only; ``(iv) recognize recreation as an outstandingly remarkable value of the designated area and give recreation a high management priority, along with protection of natural, cultural, and scenic resources; ``(v) coordinate and cooperate with State, local, and tribal governments and other entities in the development and implementation of educational and interpretive programs related to the Hanford Reach; and ``(vi) determine how-- ``(I) a Hanford Reach educational and interpretive center with appropriate exhibit, conference, and support facilities can be constructed or be incorporated into a compatible community facility; ``(II) interpretive education efforts can be coordinated with local governments and public school districts in the region; and ``(III) recreational tourism efforts associated with the Hanford Reach can be coordinated through a community-based visitor and convention bureau. ``(D) Access corridors.--Access corridors in existence on the date of enactment of this paragraph shall be retained. ``(E) Rules of construction.--The designation of the river segment shall not be construed as-- ``(i) prohibiting or approving relicensing of any hydroelectric facility by the Federal Energy Regulatory Commission; ``(ii) affecting any law, agreement, plan, or policy in effect on the date of enactment of this paragraph regarding water rights or instream flows on the river segment; ``(iii) prohibiting the operation or maintenance of any energy, transmission, water intake, or water outfall facility in existence on the date of enactment of this paragraph; ``(iv) prohibiting the modification, repair, or replacement of any energy, transmission, water intake, or water outfall facility so long as there is no substantial impact on the natural, cultural, or scenic resources of the river segment and adjacent land area; ``(v) establishing or imposing remediation requirements more restrictive than those that would apply but for this paragraph; ``(vi) prohibiting construction of temporary facilities essential to the remediation and restoration of contaminated areas within the viewshed of the river segment; or ``(vii) relieving the Secretary of Energy from any obligation or other liability at the Hanford Nuclear Reservation under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), and other applicable law or imposing any such obligation or other liability on the Secretary of the Interior. ``(F) Rivershore restoration and enhancement.--The Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers, in cooperation and coordination with the heads of other relevant Federal agencies and State and local governments, shall develop a comprehensive plan of improvement for restoration and enhancement of fish and wildlife habitat, recreation, river access, and overall aesthetics of the levees and other rivershore areas downstream of the river segment in the Tri-Cities area of the State of Washington. ``(G) Section 1135 projects.--The Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers-- ``(i) subject to receipt of a statement of interest from the non-Federal interests for the following projects, shall, not later than 180 days after the date of enactment of this paragraph, complete a preliminary restoration plan under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) for each of-- ``(I) a portion of the rivershore of Clover Island and a portion of the levee immediately upstream of Clover Island; ``(II) the rivershore immediately upstream of the portion described in subclause (I) in the city of Kennewick, Washington, to United States Route 395 bridge; ``(III) the levee modified in 1994 between road 39 and the United States Route 395 bridge in Franklin County, Washington; and ``(IV) the levee between the United States Route 395 bridge to the area immediately downstream of the 10th Avenue bridge in the city of Pasco, Washington; ``(ii) shall consider each of the projects described in subclauses (I), (II), (III), and (IV) of clause (i) to be a separate project for purposes of the program under section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a); and ``(iii) subject to receipt of necessary commitments from the non-Federal interests for the projects, shall, not later than 18 months after the date of enactment of this paragraph, complete a project modification report for each of the projects.''.

Amends the Wild and Scenic Rivers Act to designate a specified segment of the Hanford Reach of the Columbia River in Washington State as a component of the National Wild and Scenic Rivers System. Provides that only public land adjacent to the segment, and no privately-owned land, shall be included in it. Requires the Secretary of the Interior to: (1) manage the segment as a recreational river; and (2) meet specified criteria in developing and periodically revising a plan for the management of the segment. Retains access corridors in existence on the enactment of this Act. Requires the Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers in cooperation and coordination with the heads of relevant Federal agencies and State and local governments, to develop a comprehensive plan of improvement for restoration and enhancement of fish and wildlife habitat, recreation, river access, and overall aesthetics of the levees and other rivershore areas downstream of the segment in the Tri-Cities area of Washington State. Requires the Secretary, acting through the Chief and subject to receipt of a statement of interest from the non-Federal interests for the following projects, to complete a preliminary restoration plan under the Water Resources Development Act of 1986 for: (1) a portion of the Clover Island rivershore and a portion of the levee immediately upstream of Clover Island; (2) the rivershore immediately upstream of the portion in the city of Kennewick, Washington, to the U.S. Route 395 bridge; (3) the levee modified in 1994 between Road 39 and the U.S. Route 395 bridge in Franklin County, Washington; and (4) the levee between the U.S. Route 395 bridge to the area immediately downstream of the 10th Avenue bridge in the city of Pasco, Washington. Directs the Secretary, subject to the receipt of necessary commitments from the non-Federal interests, to complete a modification report for each project.

To amend the Wild and Scenic Rivers Act to designate a portion of the Columbia River as a recreational river, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Caregiver Assistance and Resource Enhancement Act''. SEC. 2. SUPPORT SERVICES FOR CAREGIVERS. (a) Definitions.--Section 1701 of title 38, United States Code, is amended by adding at the end the following new paragraphs: ``(10) The term `caregiver services' means noninstitutional extended care (as used in paragraph (6)). ``(11) The term `caregiver' means an individual who-- ``(A) with respect to a disabled veteran who is enrolled in the health care system established under section 1705(a) of this title, provides caregiver services to such veteran for such disability; and ``(B) is not a member of the family (including parents, spouses, children, siblings, step-family members, and extended family members) of such veteran. ``(12) The term `family caregiver' means an individual who-- ``(A) with respect to a disabled veteran who is enrolled in the health care system established under section 1705(a) of this title, provides caregiver services to such veteran for such disability; ``(B) is a member of the family (including parents, spouses, children, siblings, step-family members, and extended family members) of such veteran; and ``(C) may or may not reside with such veteran.''. (b) Support Services.-- (1) In general.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720G. Support services for caregivers and family caregivers ``(a) Establishment of Program.--The Secretary shall develop and carry out a program for caregivers and family caregivers that includes the following: ``(1) The educational sessions, stipends, and access to support services provided under this section. ``(2) Counseling and other services provided under section 1782 of this title. ``(3) Respite care provided under section 1720B of this title. ``(4) With respect to family caregivers, medical care provided under section 1781(e) of this title. ``(5) Travel expenses provided under section 111(e) of this title. ``(b) Educational Sessions.--(1) The Secretary shall make available educational sessions for caregivers, family caregivers, and individuals described in paragraph (2). Such educational sessions shall-- ``(A) be made available both in person and on an Internet website; ``(B) incorporate available technology, including telehealth technology to the extent practicable; and ``(C) teach techniques, strategies, and skills for caring for a disabled veteran, including, at a minimum, a veteran who-- ``(i) was deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom; and ``(ii) has post-traumatic stress disorder, a traumatic brain injury, or other severe injury or illness. ``(2) Individuals described in this paragraph are individuals who provide caregivers and family caregivers with support under this chapter or through an aging network (as defined in section 102(5) of the Older Americans Act of 1965 (42 U.S.C. 3002(5)), including-- ``(A) respite care providers; ``(B) nursing care providers; and ``(C) counselors. ``(c) Stipends.--(1) The Secretary shall provide monthly stipends to eligible family caregivers described in paragraph (2). ``(2) An eligible family caregiver described in this paragraph is a family caregiver who-- ``(A) provides caregiver services to a veteran who-- ``(i) was deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom; and ``(ii) for purposes of this subsection, is determined by the Secretary-- ``(I) to have a service-connected disability or illness that is severe; ``(II) to be in need of caregiver services, such that without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care; and ``(III) based on an examination by a physician employed by the Department (or, in areas where no such physician is available, by a physician carrying out such function under a contract or fee arrangement), to be unable to carry out the activities (including instrumental activities) of daily living; ``(B) with respect to such veteran, meets the definition of the term `family caregiver' under section 1701(12) of this title; ``(C) is designated by such veteran as the primary family caregiver for such veteran; and ``(D) is not-- ``(i) employed by a home health care agency to provide such caregiver services; or ``(ii) otherwise receiving payment for such services. ``(3) The authority of the Secretary to provide a stipend to an eligible family caregiver under this subsection shall expire on October 1, 2012. ``(d) Access to Support Services.--The Secretary shall provide caregivers and family caregivers with information concerning public, private, and non-profit agencies that offer support to caregivers. In providing such information, the Secretary shall-- ``(1) collaborate with the Assistant Secretary for Aging of the Department of Health and Human Services in order to provide caregivers and family caregivers access to aging and disability resource centers under the Administration on Aging of the Department of Health and Human Services; and ``(2) include on an Internet website that is dedicated to caregivers and family caregivers-- ``(A) a directory of services available for caregivers and family caregivers at the county level; and ``(B) tools that provide caregivers and family caregivers with the ability to interact with each other for the purpose of fostering peer support and creating support networks. ``(e) Information and Outreach.--(1) The Secretary shall conduct outreach to inform disabled veterans and the families of such veterans of the following: ``(A) Medical care, educational sessions, stipends, and other services available for caregivers and family caregivers under this chapter. ``(B) The ability of a family caregiver to be trained and certified by a home health care agency in order to be paid by such agency for providing caregiver services. ``(2) Outreach under this subsection shall include, at a minimum, the following: ``(A) Public service announcements. ``(B) Brochures and pamphlets. ``(C) Full use of Internet-based outreach methods, including such methods designed specifically for veterans and the families of such veterans who reside in rural areas. ``(3) With respect to a Department employee providing case management services (as defined in section 1720C(b)(2) of this title) to a disabled veteran, the Secretary shall ensure that such employee provides a caregiver or family caregiver of such veteran with information on the services described in subparagraphs (A) and (B) of paragraph (1).''. (2) Clerical amendment.--The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended by inserting after the item related to section 1720F the following new item: ``1720G. Support services for caregivers and family caregivers.''. (c) Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a plan for carrying out section 1720G of title 38, United States Code, as added by subsection (b) of this section. (d) Reports.--Not later than 180 days after the date on which the plan is submitted under subsection (c), and annually thereafter for the following five years, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report describing the implementation of the plan. SEC. 3. COUNSELING AND MENTAL HEALTH SERVICES FOR CAREGIVERS AND FAMILY CAREGIVERS. (a) In General.--Section 1782 of title 38, United States Code, is amended-- (1) in the section heading, by adding at the end the following: ``, caregivers, and family caregivers''; and (2) in subsection (c)-- (A) in paragraph (1), by striking ``; or'' and inserting a semicolon; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph (2): ``(2) a caregiver or family caregiver of a veteran; or''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended by striking the item relating to section 1782 and inserting the following new item: ``1782. Counseling, training, and mental health services for immediate family members, caregivers, and family caregivers.''. SEC. 4. RESPITE CARE TO ASSIST FAMILY CAREGIVERS. Section 1720B of title 38, United States Code, is amended-- (1) in subsection (a), by striking ``title.'' and inserting ``title or who receives care from a family caregiver.''; and (2) by adding at the end the following new subsection: ``(d) In furnishing respite care services under this section, the Secretary shall ensure that such services-- ``(1) fulfill the needs of the veteran receiving care (including 24-hour in-home respite care); and ``(2) are appropriate for the veteran with respect to the age of the veteran.''. SEC. 5. MEDICAL CARE FOR FAMILY CAREGIVERS. Section 1781 of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by inserting ``and'' at the end; and (C) by inserting after paragraph (3) the following new paragraph: ``(4) in accordance with subsection (e), a family caregiver,''; (2) in the third sentence of subsection (b), by striking ``dependent or survivor'' and inserting ``dependent, survivor, or family caregiver''; and (3) by adding at the end the following new subsection: ``(e)(1) The Secretary shall provide medical care to a family caregiver under this section if the Secretary determines that the family caregiver is not entitled to care or services under a health- plan contract as defined under section 1725(f)(2) of this title (determined, in the case of a health-plan contract as defined in subsection (f)(2)(B) or (f)(2)(C) of such section, without regard to any requirement or limitation relating to eligibility for care or services from any department or agency of the United States). ``(2) In this subsection, a family caregiver is an individual who-- ``(A) provides caregiver services to a veteran who-- ``(i) was deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom; and ``(ii) for purposes of this subsection, is determined by the Secretary-- ``(I) to have a service-connected disability or illness that is severe; ``(II) to be in need of caregiver services, such that without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care; and ``(III) based on an examination by a physician employed by the Department (or, in areas where no such physician is available, by a physician carrying out such function under a contract or fee arrangement), to be unable to carry out the activities (including instrumental activities) of daily living; ``(B) with respect to such veteran, meets the definition of the term `family caregiver' under section 1701(12) of this title; and ``(C) is designated by such veteran as the primary family caregiver for such veteran. ``(3) The authority of the Secretary to provide medical care to a family caregiver under this section shall expire on October 1, 2012.''. SEC. 6. LODGING AND SUBSISTENCE FOR FAMILY CAREGIVERS. Section 111(e) of title 38, United States Code, is amended-- (1) by striking ``When'' and inserting the following: ``(1) Except as provided in paragraph (2), when''; and (2) by adding at the end the following new paragraphs: ``(2) Without regard to whether a covered veteran entitled to mileage under this section requires an attendant in order to perform such travel, an attendant of such covered veteran may be allowed expenses of travel (including lodging and subsistence) upon the same basis as such veteran during-- ``(A) the period of time in which such veteran is traveling to and from a treatment facility; and ``(B) the duration of the treatment episode for such veteran. ``(3) The Secretary may prescribe regulations to carry out this subsection. Such regulations may include provisions-- ``(A) to limit the number of attendants that may receive expenses of travel under paragraph (2) for a single treatment episode of a covered veteran; and ``(B) to require such attendants to use certain travel services. ``(4) In this subsection, the term `covered veteran' means a veteran who-- ``(A) was deployed in support of Operation Enduring Freedom or Operation Iraqi Freedom; and ``(B) for purposes of this subsection, is determined by the Secretary-- ``(i) to have a service-connected disability or illness that is severe; ``(ii) to be in need of caregiver services, such that without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care; and ``(iii) based on an examination by a physician employed by the Department (or, in areas where no such physician is available, by a physician carrying out such function under a contract or fee arrangement), to be unable to carry out the activities (including instrumental activities) of daily living.''. SEC. 7. SURVEY ON CAREGIVERS AND FAMILY CAREGIVERS. (a) In General.--Not later than 270 days after the date of the enactment of this Act, and not less than once in each three-year period thereafter, the Secretary of Veterans Affairs shall design and conduct a survey of caregivers and family caregivers. In carrying out the survey, the Secretary shall collect the following information: (1) The number of caregivers. (2) The number of family caregivers. (3) The number of veterans receiving caregiver services from caregivers and family caregivers, including the era in which each veteran served in the Armed Forces. (4) The range of caregiver services provided by caregivers and family caregivers, including-- (A) the average schedule of such services; and (B) the average amount of time a caregiver and family caregiver has spent providing such services. (5) The average age of a caregiver and family caregiver. (6) The health care coverage of caregivers and family caregivers, including the sources of such coverage. (7) The employment status of caregivers and family caregivers. (8) Incidents of significant life changes related to being a caregiver or family caregiver, including unemployment and disenrollment from a course of education. (9) The number of family caregivers trained and certified through a home health care agency. (10) Other information the Secretary considers appropriate. (b) Survey Sample.--In carrying out the survey required by subsection (a), the Secretary shall ensure that-- (1) a statistically representative sample of caregivers and family caregivers is included in the survey; and (2) such sample covers veterans in each Veterans Integrated Service Network. (c) Findings.--The Secretary shall consider the findings of the survey when carrying out programs related to caregivers and family caregivers. (d) Reports.--Not later than 180 days after the date on which each survey is completed, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report on caregivers and family caregivers. Each such report shall include-- (1) the findings of the survey required by subsection (a); (2) a summary of the services made available to caregivers and family caregivers by the Secretary; (3) the number of caregivers and family caregivers who receive such services; (4) the cost to the Department of Veterans Affairs of providing each such service; and (5) other information the Secretary considers appropriate. (e) Definitions.--In this section: (1) The term ``caregiver'' has the meaning given such term in section 1701(11) of title 38, United States Code, as added by section 2(a) of this Act. (2) The term ``family caregiver'' has the meaning given such term in section 1701(12) of title 38, United States Code, as added by section 2(a) of this Act. Passed the House of Representatives July 27, 2009. Attest: LORRAINE C. MILLER, Clerk.

Caregiver Assistance and Resource Enhancement Act - (Sec. 2) Directs the Secretary of Veterans Affairs (VA) to develop and carry out a program of support services for family and non-family caregivers providing noninstitutional extended care to disabled veterans enrolled in the VA health care system. Requires such support services to include: (1) educational sessions, stipends, and access to support services; (2) counseling and related services; (3) respite care; (4) medical care for family caregivers; and (5) travel expenses in connection with the outpatient care of such veterans. Requires the Secretary to: (1) conduct outreach to inform disabled veterans and their families of services available for caregivers, as well as the ability of a caregiver to be trained and certified by a home health care agency in order to be paid for providing such services; (2) submit to the congressional veterans' committees a plan for implementation of such program; and (3) report annually thereafter for five years on plan implementation. (Sec. 3) Makes counseling and mental health services available to family and non-family caregivers of enrolled veterans. (Sec. 4) Directs the Secretary to ensure that respite care meets the needs of the veteran receiving such care, including 24-hour home respite care, and is appropriate with respect to the veteran's age. (Sec. 5) Authorizes the provision of medical care through the VA for family caregivers of eligible veterans, if the caregiver is without health insurance and ineligible for other public health insurance. Defines a "family caregiver" as an individual who provides care to a veteran who was deployed in support of Operations Iraqi Freedom or Enduring Freedom and are determined by the Secretary to: (1) have a severe service-connected disability or illness; (2) be in need of caregiver services since, without such services, the veteran would require hospitalization, nursing home care, or other residential institutional care; and (3) be unable to carry out the activities of daily living. (Sec. 6) Authorizes a lodging and subsistence allowance for family caregivers of eligible veterans described above, to cover the time in which the veteran is traveling to and from a treatment facility as well as the duration of the treatment period. (Sec. 7) Requires the Secretary to: (1) at least once every three years, design and conduct a survey of family and non-family caregivers; (2) consider survey findings when carrying out programs related to caregivers; and (3) report to the veterans' committees on survey results and services made available to caregivers.

To amend title 38, United States Code, to provide certain caregivers of veterans with training, support, and medical care, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Superfund Liability Relief Act of 1997''. SEC. 2. SMALL PARTY LIABILITY RELIEF UNDER SUPERFUND. (a) Liability Exemption.--Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)) is amended as follows: (1) In paragraph (4), by striking ``by such person,'' and all that follows through ``shall be liable for--'' and inserting in lieu thereof the following: ``by such person-- from which there is a release, or a threatened release, that causes the incurrence of response costs, of a hazardous substance, shall be liable for--''. (2) By designating the text beginning with ``The amounts recoverable'' and ending with ``this subsection commences.'' as paragraph (5) and aligning the margin of such text with paragraph (4). (3) By adding the following new paragraph after paragraph (5): ``(6)(A) Notwithstanding paragraphs (1) through (4) of this subsection, a person who does not impede the performance of a response action or natural resource restoration at a facility shall not be liable to the extent liability at such facility is based solely on paragraph (3) or (4) of this subsection, and the person arranged for disposal, treatment, or transport for disposal or treatment, or accepted for transport for disposal or treatment of only municipal solid waste or sewage sludge owned or possessed by such person, and the person is-- ``(i) the owner, operator, or lessee of residential property; ``(ii) a small business; or ``(iii) a small non-profit organization. ``(B) This paragraph shall have no effect on the liability of any other person.''. (b) Small Business Defined.--Section 101 of such Act (42 U.S.C. 9601) is amended by adding at the end the following new paragraph: ``(39) Small business.--The term `small business' refers to any business entity that employs no more than 100 individuals and is a `small business concern' as defined under the Small Business Act (15 U.S.C. 631 et seq.).''. SEC. 3. INNOCENT LANDOWNER PROTECTION UNDER SUPERFUND. (a) Environmental Site Assessment.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is further amended by adding at the end the following new subsection: ``(o) Innocent Landowners.-- ``(1) Conduct of environmental assessment.--A person who has acquired real property shall have made all appropriate inquiry within the meaning of subparagraph (B) of section 101(35) if he establishes that, within 180 days prior to the time of acquisition, an environmental site assessment of the real property was conducted which meets the requirements of paragraph (2). ``(2) Definition of environmental site assessment.--For purposes of this subsection, the term `environmental site assessment' means an assessment conducted in accordance with the standards set forth in the American Society for Testing and Materials (ASTM) Standard E1527-94, titled `Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process' or with alternative standards issued by rule by the President or promulgated or developed by others and designated by rule by the President. Before issuing or designating alternative standards, the President shall first conduct a study of commercial and industrial practices concerning environmental site assessments in the transfer of real property in the United States. Any such standards issued or designated by the President shall also be deemed to constitute commercially reasonable and generally accepted standards and practices for purposes of this paragraph. In issuing or designating any such standards, the President shall consider requirements governing each of the following: ``(A) Interviews of owners, operators, and occupants of the property to determine information regarding the potential for contamination. ``(B) Review of historical sources as necessary to determine previous uses and occupancies of the property since the property was first developed. For purposes of this subclause, the term `historical sources' means any of the following, if they are reasonably ascertainable: recorded chain of title documents regarding the real property, including all deeds, easements, leases, restrictions, and covenants, aerial photographs, fire insurance maps, property tax files, USGS 7.5 minutes topographic maps, local street directories, building department records, zoning/land use records, and any other sources that identify past uses and occupancies of the property. ``(C) Determination of the existence of recorded environmental cleanup liens against the real property which have arisen pursuant to Federal, State, or local statutes. ``(D) Review of reasonably ascertainable Federal, State, and local government records of sites or facilities that are likely to cause or contribute to contamination at the real property, including, as appropriate, investigation reports for such sites or facilities; records of activities likely to cause or contribute to contamination at the real property, including landfill and other disposal location records, underground storage tank records, hazardous waste handler and generator records and spill reporting records; and such other reasonably ascertainable Federal, State, and local government environmental records which could reflect incidents or activities which are likely to cause or contribute to contamination at the real property. ``(E) A visual site inspection of the real property and all facilities and improvements on the real property and a visual inspection of immediately adjacent properties, including an investigation of any hazardous substance use, storage, treatment, and disposal practices on the property. ``(F) Any specialized knowledge or experience on the part of the landowner. ``(G) The relationship of the purchase price to the value of the property if uncontaminated. ``(H) Commonly known or reasonably ascertainable information about the property. ``(I) The obviousness of the presence or likely presence of contamination at the property, and the ability to detect such contamination by appropriate investigation. A record shall be considered to be `reasonably ascertainable' for purposes of this paragraph if a copy or reasonable facsimile of the record is publicly available by request (within reasonable time and cost constraints) and the record is practically reviewable. ``(3) Appropriate inquiry.--A person shall not be treated as having made all appropriate inquiry under paragraph (1) unless-- ``(A) the person has maintained a compilation of the information reviewed and gathered in the course of the environmental site assessment; ``(B) the person exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop on-going releases, prevent threatened future releases of hazardous substances, and prevent or limit human or natural resource exposure to hazardous substances previously released into the environment; and ``(C) the person provides full cooperation, assistance, and facility access to persons authorized to conduct response actions or natural resource restoration at the facility, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action or natural resource restoration at the facility.''. (b) Cross Reference.--Section 101(35)(B) of such Act (42 U.S.C. 9601(35)(B)) is amended by inserting after ``all appropriate inquiry'' the following: ``(as specified in section 107(o))''. SEC. 4. PROSPECTIVE PURCHASER PROTECTION UNDER SUPERFUND. (a) Limitations on Liability.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is further amended by adding at the end the following new subsection: ``(p) Limitations on Liability for Prospective Purchasers.-- Notwithstanding paragraphs (1) through (4) of subsection (a), to the extent the liability of a person, with respect to a release or the threat of a release from a facility, is based solely on subsection (a)(1), the person shall not be liable under this Act if the person-- ``(1) is a bona fide prospective purchaser of the facility; and ``(2) does not impede the performance of any response action or natural resource restoration at a facility.''. (b) Prospective Purchaser and Windfall Lien.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (as amended by subsection (a)) is further amended by adding after subsection (p) the following new subsection: ``(q) Prospective Purchaser and Windfall Lien.-- ``(1) In general.--In any case in which there are unrecovered response costs at a facility for which an owner of the facility is not liable by reason of subsection (p), and the conditions described in paragraph (3) are met, the United States shall have a lien on the facility, or may obtain, from the appropriate responsible party or parties, a lien on other property or other assurances of payment satisfactory to the Administrator, for the unrecovered costs. ``(2) Amount; duration.--The lien-- ``(A) shall be for an amount not to exceed the increase in fair market value of the property attributable to the response action at the time of a subsequent sale or other disposition of the property; ``(B) shall arise at the time costs are first incurred by the United States with respect to a response action at the facility; ``(C) shall be subject to the requirements for notice and validity specified in subsection (l)(3); and ``(D) shall continue until the earlier of satisfaction of the lien or recovery of all response costs incurred at the facility. ``(3) Conditions.--The conditions referred to in paragraph (1) are the following: ``(A) Response action.--A response action for which there are unrecovered costs is carried out at the facility. ``(B) Fair market value.--The response action increases the fair market value of the facility above the fair market value of the facility that existed on the date that is 180 days before the response action was commenced.''. (c) Definition of Bona Fide Prospective Purchaser.--Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) is further amended by adding at the end the following: ``(40) Bona fide prospective purchaser.--The term `bona fide prospective purchaser' means a person who acquires ownership of a facility after the date of enactment of this paragraph, or a tenant of such a person, who can establish each of the following by a preponderance of the evidence: ``(A) Disposal prior to acquisition.--All active disposal of hazardous substances at the facility occurred before the person acquired the facility. ``(B) Inquiry.-- ``(i) In general.--The person made all appropriate inquiry into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices. ``(ii) Standards.--The ASTM standards described in section 107(o)(2) or the alternative standards issued or designated by the President pursuant to that section shall satisfy the requirements of this subparagraph. ``(iii) Residential property.--In the case of property in residential or other similar use at the time of purchase by a nongovernmental or noncommercial entity, a site inspection and title search that reveal no basis for further investigation shall satisfy the requirements of this subparagraph. ``(C) Notices.--The person provided all legally required notices with respect to the discovery or release of any hazardous substances at the facility. ``(D) Care.--The person exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to-- ``(i) stop ongoing releases; ``(ii) prevent threatened future releases of hazardous substances; and ``(iii) prevent or limit human or natural resource exposure to hazardous substances previously released into the environment. ``(E) Cooperation, assistance, and access.--The person provides full cooperation, assistance, and facility access to such persons as are authorized to conduct response actions at the facility, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action at the facility. ``(F) Relationship.--The person is not liable, or is not affiliated with any other person that is potentially liable, for response costs at the facility, through any direct or indirect familial relationship, or any contractual, corporate, or financial relationship other than that created by the instruments by which title to the facility is conveyed or financed.''.

Common Sense Superfund Liability Relief Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve of liability for response actions a person who does not impede a response action or natural resource restoration to the extent liability is based solely on arrangement, transportation, or acceptance provisions relating to disposal or treatment of hazardous substances and such activities only involved municipal solid waste or sewage sludge possessed by the person and the person is: (1) the owner, operator, or lessee of residential property; (2) a small business; or (3) a small nonprofit organization. Adds provisions related to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed 180 days before the action was taken.

Common Sense Superfund Liability Relief Act of 1997

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Strengthening the Transition and Reintegration Of the National Guard and Reserves Act'' or the ``STRONGR Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of transitional health care coverage to one year for members of reserve components for mental health care. Sec. 3. Increase in amount of basic educational assistance for members of the Selected Reserve and members of reserve components supporting contingency operations. Sec. 4. Nonreduction in pay while Federal employee is serving on active duty in a reserve component of the uniformed services. Sec. 5. Assistance for State and local governments that continue to pay employees who serve on active duty in a reserve component of the uniformed services. Sec. 6. Active-duty reserve component employee credit added to general business credit. SEC. 2. EXTENSION OF TRANSITIONAL HEALTH CARE COVERAGE TO ONE YEAR FOR MEMBERS OF RESERVE COMPONENTS FOR MENTAL HEALTH CARE. Section 1145(a) of title 10, United States Code, is amended in paragraph (3)-- (1) by inserting ``(A)'' after ``(3)''; and (2) by adding at the end the following new subparagraph: ``(B) In addition to the period described in subparagraph (A), transitional health care shall be available for an additional 180 days, for mental health care only, to a member of a reserve component described in paragraph (2)(B). The additional 180 days shall begin at the end of the period described in subparagraph (A).''. SEC. 3. INCREASE IN AMOUNT OF BASIC EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE AND MEMBERS OF RESERVE COMPONENTS SUPPORTING CONTINGENCY OPERATIONS. (a) Members of Selected Reserve.-- (1) Increase in amount of assistance.--Section 16131(b) of title 10, United States Code, is amended-- (A) in paragraph (1), by striking ``at the following rates'' and all that follows through the end and inserting ``at the rate provided under paragraph (2).''; and (B) in paragraph (2), by striking all and inserting the following: ``(2)(A) Educational assistance provided under this chapter shall be paid at a rate equal the applicable percentage under subparagraph (B) of the rate provided under section 3015(a) of title 38 for an approved program of education pursued on a full-time basis. ``(B) The applicable percentage under this subparagraph is-- ``(i) 50 percent for each month in which the individual pursues an approved program of education on a full time basis; ``(ii) 37.5 percent for each month in which the individual pursues an approved program of education on a three-quarter- time basis; ``(iii) 25 percent for each month in which the individual pursues an approved program of education on a half-time basis; and ``(iv) an appropriately reduced percent, as determined under regulations which the Secretary of Veterans Affairs shall prescribe, for each month in which the individual pursues an approved program of education on less than a half-time basis, except that no payment may be made to an individual for a month in which the individual pursues such a program on less than a half-time basis if tuition assistance is otherwise available to the individual for such pursuit from the military department concerned.''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to an educational assistance allowance under section 16131(b) of such title paid for months beginning after the date of the enactment of this Act. (b) Reserve Components Supporting Contingency Operations.-- (1) Increase in amount.--Section 16162(c)(4) of title 10, United States Code, is amended-- (A) in subparagraph (A) by striking ``40 percent'' and inserting ``60 percent''; and (B) in subparagraph (B) by striking ``60 percent'' and inserting ``70 percent''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to an educational assistance allowance under section 16162(c)(4) of such title paid for months beginning after the date of the enactment of this Act. SEC. 4. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS SERVING ON ACTIVE DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES. (a) In General.--Subchapter IV of chapter 55 of title 5, United States Code, is amended by adding at the end the following new section: ``Sec. 5538. Nonreduction in pay while serving on active duty in a reserve component ``(a) An employee who is also a member of a reserve component and is absent from a position of employment with the Federal Government under a call or order to serve on active duty for a period of more than 30 days shall be entitled to receive, for each pay period described in subsection (b), an amount equal to the amount by which-- ``(1) the amount of civilian basic pay that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the Government had not been interrupted by the service on active duty, exceeds (if at all) ``(2) the amount of military compensation that is payable to the employee for the service on active duty and is allocable to such pay period. ``(b)(1) Amounts under this section shall be payable with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted) that occurs-- ``(A) while the employee serves on active duty for a period of more than 30 days; ``(B) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(C) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). ``(2) Paragraph (1) shall not apply with respect to a pay period for which the employee receives civilian basic pay (including by taking any annual, military, or other paid leave) to which the employee is entitled by virtue of the employee's civilian employment with the Government. ``(c) Any amount payable under this section to an employee shall be paid-- ``(1) by the employing agency of the employee; ``(2) from the appropriation or fund that would be used to pay the employee if the employee were in a pay status; and ``(3) to the extent practicable, at the same time and in the same manner as would civilian basic pay if the employee's civilian employment had not been interrupted. ``(d) In consultation with Secretary of Defense, the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section. ``(e)(1) In consultation with the Office, the head of each agency referred to in section 2302(a)(2)(C)(ii) shall prescribe procedures to ensure that the rights under this section apply to the employees of such agency. ``(2) The Administrator of the Federal Aviation Administration shall, in consultation with the Office, prescribe procedures to ensure that the rights under this section apply to the employees of that agency. ``(f) For the purpose of this section-- ``(1) the terms `active duty for a period of more than 30 days', `member', and `reserve component' have the meanings given such terms in section 101 of title 37; ``(2) the term `civilian basic pay' includes any amount payable under section 5304; ``(3) the term `employing agency', as used with respect to an employee entitled to any payments under this section, means the agency or other entity of the Government (including an agency referred to in section 2302(a)(2)(C)(ii)) with respect to which the employee has reemployment rights under chapter 43 of title 38; and ``(4) the term `military compensation' has the meaning given the term `pay' in section 101(21) of title 37.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5537 the following new item: ``5538. Nonreduction in pay while serving on active duty in a reserve component.''. (c) Application of Amendment.--Section 5538 of title 5, United States Code, as added by subsection (a), shall apply with respect to pay periods (as described in subsection (b) of such section) beginning on or after the date of the enactment of this Act. SEC. 5. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT CONTINUE TO PAY EMPLOYEES WHO SERVE ON ACTIVE DUTY IN A RESERVE COMPONENT OF THE UNIFORMED SERVICES. (a) In General.--Chapter 17 of title 37, United States Code, is amended by adding at the end the following new section: ``Sec. 911. Assistance for State and local governments that continue to pay employees who serve on active duty ``(a) Continuation of Civilian Basic Pay.--It is the purpose of this section to encourage States and local governments to continue to pay a portion of the civilian compensation of those employees who are also members of a reserve component and are absent from a position of employment with the State or local government under a call or order to serve on active duty for a period of more than 30 days so that the employees receive compensation in an amount that, when taken together with their military pay, is at least equal to their civilian compensation. ``(b) Reimbursement Offered.--(1) At the request of a State or local government that continues to pay all or a portion of the civilian compensation of an employee described in subsection (a), the Secretary concerned shall reimburse the State or local government for 50 percent of the civilian compensation paid by the State or local government for each pay period described in subsection (c), but not to exceed 50 percent of the difference (if any) between-- ``(A) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the State or local government had not been interrupted by the service on active duty; and ``(B) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. ``(2) If the pay periods described in subsection (c) extend more than nine consecutive months after the first day of the first month during which the employee began to serve on active duty for a period of more than 30 days, the reimbursement rate shall become 100 percent for the subsequent payments. However, as is the case under paragraph (1), reimbursement shall be provided only for the difference (if any) between-- ``(A) the amount of civilian compensation that would otherwise have been payable to the employee for such pay period if the employee's civilian employment with the State or local government had not been interrupted by the service on active duty; and ``(B) the amount of military pay that is payable to the employee for the service on active duty and is allocable to such pay period. ``(c) Pay Periods.--Reimbursement shall be provided under this section with respect to each pay period (which would otherwise apply if the employee's civilian employment had not been interrupted) that occurs-- ``(1) while the employee serves on active duty for a period of more than 30 days; ``(2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in subparagraph (B). ``(d) Effect of Failure To Return to Employment.--(1) If an employee described in subsection (a), with respect to whom reimbursement is provided to a State or local government under this section, fails to report or apply for employment or reemployment with the State or local government by the end of the period referred to in subsection (c)(3), the employee shall refund to the Secretary concerned the total amount of the reimbursement provided with respect to the employee. ``(2) Subject to paragraph (3), an obligation to refund moneys to the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. ``(3) The Secretary concerned may waive, in whole or in part, a refund required under paragraph (1) if the Secretary concerned determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. ``(4) A discharge in bankruptcy under title 11 that is entered less than five years after the end of the period referred to in subsection (c)(3) does not discharge the employee from a debt arising under paragraph (1). This paragraph applies to any case commenced under title 11 after the date of the enactment of this section. ``(e) Regulations.--The Secretaries concerned shall prescribe regulations to carry out this section. ``(f) Definitions.--In this section: ``(1) The term `civilian compensation' means the wages or salary that an employee of a State or local government normally receives from the employee's employment by the State or local government. ``(2) The term `local government' means an agency or political subdivision of a State. ``(3) The term `military pay' has the meaning given the term `pay' in section 101(21) of this title. ``(4) The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and other territories or possessions of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 37, is amended by inserting after the item relating to section 909 the following new item: ``911. Assistance for State and local governments that continue to pay employees who serve on active duty.''. (c) Application of Amendment.--Section 911 of title 37, United States Code, as added by subsection (a), shall apply with respect to pay periods (as described in subsection (b) of such section) beginning on or after the date of the enactment of this Act. SEC. 6. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT ADDED TO GENERAL BUSINESS CREDIT. (a) Addition of Credit.--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. 45N. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of an employer, the active-duty reserve component employee credit determined under this section for the taxable year is an amount equal to 50 percent of the compensation paid by the employer to an employee who is also a member of a reserve component during the taxable year when the employee was absent from employment for a reason described in subsection (b). ``(b) Limitation.--The amount allowed as a credit under subsection (a) shall not exceed 50 percent of the difference (if any) between-- ``(1) the amount of compensation that would otherwise have been payable to the employee during such absence if the employee's employment with the employer had not been interrupted by the employee's absence; and ``(2) the amount of military pay that is payable to the employee during the absence. ``(c) Covered Pay Periods.--Subsection (a) shall apply with respect to an employee who is also a member of a reserve component-- ``(1) while the employee serves on active duty for a period of more than 30 days; ``(2) while the employee is hospitalized for, or convalescing from, an illness or injury incurred in, or aggravated during, the performance of such active duty; or ``(3) during the 14-day period beginning at the end of such active duty or the end of the period referred to in paragraph (2). ``(d) Days Not Taken Into Account.--No credit shall be allowed under subsection (a) with respect to an employee on any day on which the employee was not scheduled to work (for a reason other than such service on active duty) and ordinarily would not have worked. ``(e) Definitions.--For purposes of this section-- ``(1) The terms `active duty for a period of more than 30 days', `member', and `reserve component' have the meanings given such terms in section 101 of title 37, United States Code. ``(2) The term `compensation' means any remuneration for employment, whether in cash or in kind, which is paid or incurred by a taxpayer and which is deductible from the taxpayer's gross income under section 162(a)(1).''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(32) the active-duty reserve component employee credit determined under section 45N(a).''. (c) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45N. Active-duty reserve component employee credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.

Strengthening the Transition and Reintegration of the National Guard and Reserves Act or STRONGR Act - Provides an additional 180-day period of military mental health care coverage for members of the reserves separated from service following active duty of more than 30 days in support of a contingency operation. Increases the amount of basic educational assistance under the Montgomery GI Bill for members of the Selected Reserve and reserve personnel supporting contingency operations. Entitles a federal employee who is a member of a reserve component to receive the difference in pay between military compensation and civilian compensation during periods of active duty exceeding 30 days. Directs the Secretary of the military department concerned to reimburse states or local governments for 50% of the civilian compensation paid by such governments to equalize military and civilian pay. Increases the reimbursement rate to 100% if active duty extends beyond nine months. Amends the Internal Revenue Code to establish an active-duty reserve component employee credit for employers who provide compensation to employees on active duty.

To improve certain compensation, health care, and education benefits for individuals who serve in a reserve component of the uniformed services, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Short-Term Disability Insurance Act of 2011''. SEC. 2. PURPOSE. The purpose of this Act is to offer voluntary insurance to Federal employees for protection against the loss of pay resulting from-- (1) short-term injury or disability; (2) short-term leave taken for the purpose of caring for a family member; (3) the birth of a child of such an employee; or (4) making arrangements to adopt a child or to become a foster parent. SEC. 3. NON-WORK RELATED DISABILITY INSURANCE. (a) In General.--Title 5, United States Code, is amended by inserting after chapter 87 the following: ``CHAPTER 88--NON-WORK RELATED SHORT-TERM DISABILITY INSURANCE ``Sec. ``8801. Definitions. ``8802. Availability of insurance. ``8803. Contracting authority. ``8804. Benefits. ``8805. Premiums. ``8806. Preemption. ``8807. Studies, reports, and audits. ``8808. Jurisdiction of courts. ``8809. Administrative functions. ``8810. Cost accounting standards. ``Sec. 8801. Definitions ``For purposes of this chapter-- ``(1) the term `Director' means the Director of the Office of Personnel Management; ``(2) the term `employee' means-- ``(A) an employee defined in section 8901(1); and ``(B) an officer or employee of the United States Postal Service or of the Postal Regulatory Commission; ``(3) the term `injury or disability', with respect to an employee, means that such employee is unable to perform the essential functions of such employee's position of employment with the Federal Government; ``(4) the term `member of family' has the meaning given such term in section 8901(5); ``(5) the term `carrier' means an insurance company that is licensed to issue disability insurance in all States, taking into account any subsidiaries or affiliates of such a company; and ``(6) the term `State' includes the District of Columbia. ``Sec. 8802. Availability of insurance ``(a) The Director shall establish and administer a program to make insurance coverage available under this chapter-- ``(1) for an injury or disability not covered under chapter 81; ``(2) for leave to care for, or leave to make arrangements to care for, a member of family, including the birth of a son or a daughter; and ``(3) for leave to make arrangements-- ``(A) to become a foster parent; or ``(B) to adopt a child. ``(b) Insurance shall not be available under this chapter if the injury or disability of an employee is-- ``(1) caused by willful misconduct of such employee; ``(2) caused by such employee's intention to bring about such injury or disability to himself or to another individual; or ``(3) proximately caused by the intoxication of such employee. ``(c) In addition to the requirements otherwise applicable under section 8801(5), an insurance contract under this chapter must be fully insured, whether through reinsurance with other carriers or otherwise. ``Sec. 8803. Contracting authority ``(a) The Director shall, without regard to any statute requiring competitive bidding, contract with one or more carriers for a policy or policies of disability insurance as described under this chapter. The Director shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition. ``(b)(1) Each contract under this section shall contain-- ``(A) a detailed statement of the benefits offered (including any maximums, limitations, exclusions, and other definitions of benefits); ``(B) the premiums charged (including any limitations or other conditions on their subsequent adjustment); ``(C) the duration of the enrollment period; and ``(D) such other terms and conditions (including procedures for establishing eligibility for insurance under this chapter) as may be determined by the Director, consistent with the requirements of this chapter. ``(2) Premiums charged under a contract under this section shall reasonably and equitably reflect the cost of the benefits provided, as determined by the Director. ``(c)(1) Each contract under this section shall require the carrier-- ``(A) to provide payments or benefits described in section 8804(c) to an employee if such employee is entitled thereto under the terms of the contract; and ``(B) with respect to disputes regarding claims for payments or benefits under the terms of the contract-- ``(i) to establish internal procedures designed to resolve such disputes expeditiously; and ``(ii) to establish, for disputes not resolved through procedures under clause (i), procedures for one or more alternative means of dispute resolution involving independent third-party review under circumstances acceptable to the Director. ``(2) The carrier's determination as to whether or not a particular employee is eligible to obtain insurance coverage under this chapter shall be subject to review to the extent and in the manner provided in the applicable contract. ``(3) Nothing in this chapter shall be considered to grant authority for a third-party reviewer to change the terms of any contract under this chapter. ``(d)(1) Each contract under this section shall be for a term of not less than 3 years and not greater than 7 years, and may be terminated earlier than the termination date of such contract by the Director in accordance with the terms of such contract. However, the rights and responsibilities of the enrolled employee, the insurer, and the Director under each contract shall continue with respect to such employee until the termination of coverage of the enrolled employee or the effective date of a successor contract. ``(2) A contract described in paragraph (1) may be made automatically renewable, for a term of 1 year each January 1, unless written notice of non-renewal is given either by the Director or the carrier not less than 180 days before the renewal date, or unless modified by mutual agreement. ``(3) A contract described in paragraph (1) shall include such provisions as may be necessary to ensure that, once an employee becomes duly enrolled, insurance coverage pursuant to that enrollment shall be terminated only if the individual is separated from Federal service or, where appropriate, for non-payment of premiums. ``Sec. 8804. Benefits ``(a) The Director may prescribe reasonable minimum standards for benefit plans offered under this chapter. ``(b)(1) Benefits provided to an employee under this chapter shall offset other benefits received by such employee for the same injury or disability, leave to care for or make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent including worker's compensation and disability retirement income. ``(2) A contract providing benefits under this chapter-- ``(A) shall not provide for a preexisting condition exclusion; and ``(B) shall not charge higher premiums, deny coverage, or drop coverage of an employee with a preexisting condition. ``(3) A contract providing benefits under this chapter shall provide incentives for an employee who is receiving benefits under such contract to return to work. ``(c)(1) For each instance that such employee suffers an injury or disability, takes leave to care for or make arrangements to care for a member of family (including the birth of a son or a daughter), or takes leave to make arrangements to adopt a child or become a foster parent, and is eligible for benefits under this chapter, such employee may receive benefits under this chapter for a period not to exceed 12 months beginning on the date on which such employee qualifies for such benefits. An employee shall receive such benefits after the expiration of the waiting period selected by such employee under paragraph (2)(A). The amount of benefits shall be equal to the lesser of-- ``(A) 70 percent of the annual rate of pay, excluding bonuses, of an employee at the time of the injury or disability of such employee occurs; or ``(B) 70 percent of the maximum rate of basic pay provided for grade GS-15 of the General Schedule. ``(2)(A) The period for which benefits are payable to an employee under this subsection shall begin after the completion of a waiting period, subject to the requirement in subparagraph (C). An employee shall elect one of the following waiting period options: ``(i) On the 8th day of continuous injury or disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(ii) On the 31st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(iii) On the 91st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(iv) On the 181st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(B) An employee who elects to receive benefits earlier shall pay a higher premium. ``(C) A waiting period selected under subparagraph (A) shall begin on the first day of an employee's injury or disability. ``Sec. 8805. Premiums ``(a) Each eligible individual obtaining insurance coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage. ``(b) The amount necessary to pay the premiums for enrollment shall be withheld from the pay of the enrolled individual. ``(c) The carrier participating under this chapter shall maintain records that permit it to account for all amounts received under this chapter (including investment earnings on those amounts) separate and apart from all other funds. ``(d)(1)(A) The Employees' Life Insurance Fund is available, without fiscal year limitation, for reasonable expenses incurred in administering this chapter before the start of the first term described in section 8803(d)(1), including reasonable implementation costs. ``(B) Such Fund shall be reimbursed, before the end of the first year of a contract described in section 8803(d)(1), for all amounts obligated or expended under subparagraph (A) (including lost investment income). Reimbursement under this subparagraph shall be made by the carrier in accordance with applicable provisions included in the relevant contract. ``(C)(i) There is hereby established in the Employees' Life Insurance Fund a Non-Work Related Disability Insurance Administrative Account, which shall be available to the Office of Personnel Management, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first term described in section 8803(d)(1). ``(ii) A contract under this chapter shall include appropriate provisions under which the carrier involved shall, during each year, make such periodic contributions to the Non-Work Related Disability Insurance Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office of Personnel Management in administering this chapter during such year (adjusted to reconcile for any earlier overestimates or underestimates under this subparagraph) are defrayed. ``(e) Nothing in this chapter shall, in the case of an enrolled individual applying for an extension of insurance coverage under this chapter after the expiration of such enrolled individual's first opportunity to enroll, preclude the application of underwriting standards for later enrollment. ``Sec. 8806. Preemption ``(a) The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State, territorial, tribal, or local law, or any regulation issued thereunder, which relates to non-work related disability insurance or contracts. ``(b)(1) No tax, fee, or other monetary payment may be imposed or collected, directly or indirectly, by any State, territory, tribe, or locality, or by any political subdivision or other governmental authority thereof, on, or with respect to, any premium paid for an insurance policy under this chapter. ``(2) Paragraph (1) shall not be construed to exempt any company or other entity issuing a policy of insurance under this chapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by such entity from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity. ``(c) No law of a State, territory, tribe, or locality, pertaining to subrogation or reimbursement with respect to benefits provided under this chapter, shall operate except as expressly adopted by the Director. ``Sec. 8807. Studies, reports, and audits ``(a) A contract under this chapter shall contain provisions requiring the carrier to furnish such reasonable reports as the Director determines to be necessary to enable the Director to carry out the Director's functions under this chapter. ``(b) Each Federal agency shall keep such records, make such certifications, and furnish the Director, the carrier, or both, with such information and reports as the Director may require. ``(c) The Director shall conduct periodic reviews of each plan under this chapter to ensure its competitiveness. ``Sec. 8808. Jurisdiction of courts ``The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8803(c) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter. ``Sec. 8809. Administrative functions ``(a)(1) Except as otherwise provided in this chapter, the Director shall prescribe regulations necessary to carry out this chapter and to make arrangements as necessary with other agencies and payroll systems to implement the program. ``(2) Except as otherwise provided by law, the Director shall specify in regulation the treatment of time spent by an individual in receipt of benefits under this chapter for the purposes of periodic increases in pay, retention purposes, and other rights, benefits, and conditions of employment for which length of service is a factor. ``(b) The carrier shall provide for periodic coordinated enrollment, promotion, and education efforts, as specified by the Director. ``Sec. 8810. Cost accounting standards ``The cost accounting standards issued pursuant to section 1502 of title 41 shall not apply with respect to an insurance contract under this chapter.''. (b) Conforming Amendment.--Section 1005(f) of title 39, United States Code, is amended by inserting ``88,'' after ``87,''. (c) Clerical Amendment.--The analysis for part III of title 5, United States Code, is amended by adding at the end of subpart G the following: ``88. Non-Work Related Short-Term Disability Insurance...... 8801''. (d) Date of Application.--The amendment made by subsection (a) shall apply to contracts that take effect with respect to the first calender year that begins more than 18 months after the date of enactment of this section.

Federal Employee Short-Term Disability Insurance Act of 2011 - Requires the Director of the Office of Personnel Management (OPM) to establish and administer a program for short-term (i.e., up to 12 months) disability insurance coverage for federal employees for: (1) an injury or disability that is not work related, (2) leave to care for a family member, and (3) leave to make arrangements to become a foster parent or to adopt a child. Disqualifies an employee for such insurance if an injury or disability is caused by willful misconduct, a self-inflicted injury, or intoxication. Requires the Director to contract with one or more insurance carriers for disability insurance coverage plans, without regard to competitive bidding requirements. Requires such plans to contain a detailed statement of benefits offered, the premiums charged, and the duration of the enrollment period. Authorizes the Director to prescribe reasonable minimum standards for benefits offered by such plans, including a prohibition against excluding or penalizing an employee for a preexisting condition. Requires individuals eligible for coverage under a disability insurance plan to be responsible for 100% of the premiums for the coverage offered. Establishes in the Employees' Life Insurance Fund a Non-Work Related Disability Insurance Administrative Account, which shall be available to OPM to defray reasonable expenses incurred in administering this Act and to which contracted carriers shall make contributions necessary to cover such expenses.

To provide a short-term disability insurance program for Federal employees for disabilities that are not work-related, and for other purposes.

SECTION 1. HOMEBUYER CREDIT ALLOWED FOR ANY PURCHASE OF PRINCIPAL RESIDENCE. (a) In General.--Subsection (a) of section 36 of the Internal Revenue Code of 1986 is amended by striking ``who is a first-time homebuyer of a principal residence'' and inserting ``who purchases a principal residence''. (b) Application to Only 1 Sale.--Subsection (b) of section 36 of such Code is amended by adding at the end the following new paragraph: ``(3) Application to only 1 sale.-- ``(A) In general.--Subsection (a) shall not apply to more than 1 sale or exchange of a principal residence by the individual. ``(B) Special rule for joint returns.--In the case of a joint return with respect to the sale or exchange of a principal residence, if a credit was allowable under subsection (a) to a spouse for a prior sale or exchange of a principal residence, paragraph (1) shall be applied by reducing the $8,000 in subparagraph (A) thereof and the $4,000 in subparagraph (B) thereof by the credit so allowable (one-half of such credit in the case of a joint return).''. (c) Conforming Amendments.-- (1) Subsection (c) of section 36 of such Code is amended by striking paragraph (1) (defining first-time homebuyer) and by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively. (2) The heading for section 36 of such Code is amended by striking ``First-time''. (3) The item in the table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code relating to section 36 is amended to read as follows: ``Sec. Homebuyer credit.''. (d) Effective Date.--The amendments made by this section shall apply to residences purchased after the date of the enactment of this Act. SEC. 2. 1-YEAR EXTENSION OF HOMEBUYER CREDIT. (a) In General.--Subsection (h) of section 36 of the Internal Revenue Code is amended by striking ``December 1, 2009'' and inserting ``December 1, 2010''. (b) Extension of Waiver of Recapture.--Subparagraph (D) of section 36(f)(4) of such Code is amended-- (1) by striking ``December 1, 2009'' and inserting ``December 1, 2010'', and (2) in the heading by striking ``for purchases in 2009'' and inserting ``certain purchases''. (c) Election To Treat Purchase in Prior Year.--Subsection (g) of such Code is amended to read as follows: ``(g) Election To Treat Purchase in Prior Year.--For purposes of this section (other than subsections (c) and (f)(4)(D)), a taxpayer may elect to treat a purchase of a principal residence-- ``(1) after December 31, 2008, and before January 1, 2010, as made on December 31, 2008, and ``(2) after December 31, 2009, and before December 1, 2010, as made on December 31, 2009.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. DEDUCTION FOR LOSS FROM SALE OF PRINCIPAL RESIDENCE. (a) In General.--Part VII of subchapter B of chapter I 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. LOSS FROM SALE OF PRINCIPAL RESIDENCE. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year any loss recognized on the sale or exchange of property during the taxable year if, during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as the taxpayer's principal residence for periods aggregating 2 years or more. ``(b) Limitations.-- ``(1) Aggregate limitation.--The aggregate amount allowed as a deduction under subsection (a) for all taxable years shall not exceed $6,000 ($12,000 in the case of a joint return). ``(2) Annual limitation.-- ``(A) In general.--The amount allowed to a taxpayer as a deduction under subsection (a) for a taxable year shall not exceed $2,000 ($4,000 in the case of a joint return). ``(B) Carryforward.--If the deduction allowable under subsection (a) for any taxable year exceeds the limitation imposed by subparagraph (A) for the taxable year, the excess shall be carried to each of the 2 succeeding taxable years and added to the deduction allowable under subsection (a) for such succeeding year. ``(3) Exclusion of loss allocated to nonqualified use.-- ``(A) In general.--Subsection (a) shall not apply to so much of the loss from the sale or exchange of property as is allocated to periods of nonqualified use. ``(B) Allocation.--For purposes of subparagraph (A), loss shall be allocated to periods of nonqualified use based on the ratio which-- ``(i) the aggregate periods of nonqualified use during the period such property was owned by the taxpayer, bears to ``(ii) the period such property was owned by the taxpayer. ``(C) Period of nonqualified use; coordination with recognition of gain attributable to depreciation.--For purposes of this paragraph, rules similar to the rules of subparagraphs (C) and (D) of section 121(b)(5) shall apply. ``(4) Application to only 1 sale.-- ``(A) In general.--Subsection (a) shall not apply to more than 1 sale or exchange of a principal residence by the taxpayer. ``(B) Special rule for joint returns.--In the case of a joint return with respect to the sale or exchange of a principal residence, if a deduction was allowable under subsection (a) to a spouse for a prior sale or exchange of a principal residence, paragraphs (1) and (2)(A) shall be applied by reducing the dollar amounts therein by the deduction so allowable (one-half of such deduction in the case of a joint return). ``(c) Applicable Rules.--For purposes of this section, rules similar to the rules of subsection (d) of section 121 shall apply, except that paragraph (6) thereof shall be applied by substituting `loss' for `gain'. ``(d) Election To Have Section Not Apply.--This section shall not apply to any sale or exchange with respect to which the taxpayer elects not to have this section apply. ``(e) Termination.--The section shall not apply to the sale or exchange of a principal residence after December 31, 2010.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: ``(22) Loss from sale of principal residence.--The deduction allowed by section 224.''. (c) Clerical Amendments.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 224 and inserting the following: ``Sec. 224. Loss from sale of principal residence. ``Sec. 225. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

Amends the Internal Revenue Code relating to the first-time homebuyer tax credit to: (1) extend such credit to all purchasers of a principal residence; (2) limit the credit to one sale or exchange of a principal residence; and (3) extend such credit through November 30, 2010. Allows individual taxpayers a tax deduction through 2010 for losses from the sale or exchange of a principal residence.

To amend the Internal Revenue Code of 1986 to extend and expand the first-time homebuyers credit and to provide a loss deduction on the sale of a principal residence.

short title Sec. 101. This title may be cited as the ``United States Information Agency Authorization Act, Fiscal Years 1994 and 1995''. authorization of appropriations Sec. 102. In addition to amounts otherwise available for such purposes, there are authorized to be appropriated for the United States Information Agency to carry out international information activities, and educational and cultural exchange programs under the United States Information and Educational Exchange Act of 1948, as amended, the Mutual Educational and Cultural Exchange Act of 1961, as amended, Reorganization Plan No. 2 of 1977, the Radio Broadcasting to Cuba Act, as amended, the Television Broadcasting to Cuba Act, the Inspector General Act of 1978, as amended, the Center for Cultural and Technical Interchange Between North and South Act, the National Endowment for Democracy Act, as amended, and for other purposes authorized by law. (a) For the fiscal year 1994: (1) ``Salaries and Expenses,'' $773,024,000; (2) ``Educational and Cultural Exchange Programs,'' $242,922,000; (3) ``Broadcasting to Cuba,'' $28,351,000; (4) ``Office of the Inspector General,'' $4,390,000; (5) ``East-West Center,'' $26,000,000; (6) ``National Endowment for Democracy,'' $50,000,000; (7) ``Radio Construction,'' $228,720,000; (8) ``Eisenhower Exchange Fellowship Program,'' $300,000; (9) ``Israeli Arab Scholarship Program,'' $397,000. (b) For the fiscal year 1995: (1) ``Salaries and Expenses,'' $800,286,000; (2) ``Educational and Cultural Exchange Programs,'' $249,238,000; (3) ``Broadcasting to Cuba,'' $28,382,000; (4) ``Office of the Inspector General,'' $4,396,000; (5) ``East-West Center,'' $26,676,000; (6) ``National Endowment for Democracy,'' $50,780,000; (7) ``Radio Construction,'' $106,271,000; (8) ``Eisenhower Fellowship Exchange Programs,'' $308,000; and (9) ``Israeli Arab Scholarship Program,'' $407,000. changes in administrative authorities Sec. 103. Section 801 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1471), is amended by replacing the period at the end of subsection ``(6)'' with a semicolon, and adding a new subsection ``(7)'' as follows: ``(7) notwithstanding any other provision of law, to carry out projects involving security construction and related improvements for Agency facilities not collocated with Department of State facilities abroad.''. Sec. 104. Section 804(6) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1474(6)), is amended to read as follows: ``(6) contract with individuals for personal service abroad: Provided, That such individuals shall not be regarded as employees of the United States Government for the purpose of any law administered by the Office of Personnel Management.''. Sec. 105. Section 206(b) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, Public Law 102-138 (22 U.S.C. 1475g note), is hereby repealed. Sec. 106. Subsection (a) of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461(a)), is hereby amended by deleting the second sentence in said subsection and inserting in lieu thereof the following: ``Subject to subsection (b) any such information shall not be disseminated within the United States, its territories or possessions, but, on request, shall be made available following its release as information abroad, to representatives of United States press associations, newspapers, magazines, radio and television systems and stations, research students and scholars, and Members of Congress.''. Section 208 of Public Law 99-93 (22 U.S.C. 1461-1a), is amended by adding the following sentence at the end of such section: ``Nothing herein shall preclude the United States Information Agency from reasonably keeping the United States public informed of its operations, policies or programs.''. Sec. 107. Section 802(b)(3) of the United States Information and Educational Exchange Act of 1948, as amended, (22 U.S.C. 1472(b)(3)) is amended by adding the following sentence at the end thereof: ``However, notwithstanding this or any other provision in this section, the United States Information Agency is authorized to enter into contracts not to exceed seven years for circuit capacity to distribute radio and television programs.''. Sec. 108. Subsection (f) of section 701 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1476(f)(4)), is amended as follows: (1) in subsection (f)(1) by striking ``, for the second fiscal year of any two-year authorization cycle may be appropriated for such second fiscal year'' and inserting in its place ``for a given fiscal year may be appropriated for such year''; and (2) by striking subsection ``(f)(4)''. Sec. 109. Section 902 of the United States Information and Educational Exchange Act of 1948, section 1431 and the following of title 22, United States Code, is amended by inserting on line one after the word ``any'' the following language: ``international organization of which the United States is a member, or''. Sec. 110. The Immigration and Nationality Act, as amended, is amended by adding the following new section after section 216A (8 U.S.C. 1186b): ``conditional permanent resident status for certain united states information agency employees ``Sec. 216B. (a) Conditional Basis for Admission.--Conditional immigrant visas may be issued to employees of the United States Information Agency beginning fiscal year 1994 in a number not to exceed one hundred per fiscal year. Upon enactment, one hundred and fifty additional visas shall be available to present United States Information Agency employees. Such employees shall be identified by the Director of the United States Information Agency, and, if otherwise admissible, shall be admitted conditionally for a period not to exceed four years. Spouses and dependent children of such employees may also be admitted as conditional permanent residents but shall not be subject to numerical limitation. ``(b) Removal of Conditional Basis.--Persons admitted under this provision shall be eligible for removal of the conditional basis of their admission for permanent resident status after three years, upon certification by the Director of the United States Information Agency to the Attorney General; the Attorney General shall remove the conditional basis of his or her admission, if the alien is otherwise admissible, effective as of the date of such certification. ``(c) Termination of the Status.--At any time during such four year period, the Director of the United States Information Agency may certify to the Attorney General that such conditional status with respect to any alien should be terminated. Upon receipt of such notice, the Attorney General shall terminate such status and the alien and any other family members admitted with such alien shall be subject to deportation proceedings. The conditional status of any such alien, admitted under this provision who has not had the conditional basis of his or her admission removed by a date four years after such admission, shall be deemed to have been terminated.''. Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), is amended by adding a new subsection ``(L)'', as follows: ``(L) an immigrant who is employed by the United States Information Agency for service in the United States, and his or her accompanying spouse and children, under conditions set forth in section 216B of this Act.''. Section 804(1) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1474(1)), as amended, is amended by inserting the words ``or as an immigrant under section 101(a)(27)(L) of that Act (8 U.S.C. 1101(a)(27)(L))'' immediately after the words ``as nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15))''.

United States Information Agency Authorization Act, Fiscal Years 1994 and 1995 - Authorizes appropriations for the U.S. Information Agency (USIA) for FY 1994 and 1995. Amends the United States Information and Educational Exchange Act of 1948 to authorize the USIA Director to: (1) carry out projects involving security construction and related improvements for USIA facilities not collocated with Department of State facilities abroad; and (2) contract with individuals for personal services abroad (currently, employ aliens by contract for such services). Repeals a specified provision of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 which sets limitations on reductions of USIA employees abroad. Provides that nothing shall preclude USIA from keeping the U.S. public informed of its operations, policies, or programs. Authorizes USIA to enter into contracts of up to seven years for circuit capacity to distribute radio and television programs. Permits USIA to receive funds from international organizations of which the United States is a member. Amends the Immigration and Nationality Act to authorize the issuance of up to 100 conditional immigrant visas per fiscal year to USIA employees. Makes 150 visas available to current employees upon enactment of this Act. Sets forth conditions for the removal of conditional status and for termination of such status. Confers special immigrant status on such individuals.

United States Information Agency Authorization Act, Fiscal Years 1994 and 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Domestic Violence and Stalking Victims Act''. SEC. 2. DEFINITIONS OF ``INTIMATE PARTNER'' AND ``MISDEMEANOR CRIME OF DOMESTIC VIOLENCE'' EXPANDED. Section 921(a) of title 18, United States Code, is amended-- (1) in paragraph (32)-- (A) by striking ``and an individual'' and inserting ``an individual''; and (B) by inserting ``, or a dating partner (as defined in section 2266) or former dating partner'' before the period at the end; and (2) in paragraph (33)(A)(ii)-- (A) by striking ``or by'' and inserting ``by''; and (B) by inserting ``, or by a dating partner (as defined in section 2266) or former dating partner of the victim'' before the period at the end. SEC. 3. UNLAWFUL SALE OF FIREARM TO A PERSON SUBJECT TO COURT ORDER. Section 922(d)(8) of title 18, United States Code, is amended to read as follows: ``(8) is subject to a court order described in subsection (g)(8); or''. SEC. 4. LIST OF PERSONS SUBJECT TO A RESTRAINING OR SIMILAR ORDER PROHIBITED FROM POSSESSING OR RECEIVING A FIREARM EXPANDED. Section 922(g)(8) of title 18, United States Code, is amended-- (1) in the matter preceding subparagraph (A), by striking ``that''; (2) by striking subparagraphs (A) and (B) and inserting the following: ``(A)(i) that was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; or ``(ii) in the case of an ex parte order, relating to which notice and opportunity to be heard are provided-- ``(I) within the time required by State, tribal, or territorial law; and ``(II) in any event within a reasonable time after the order is issued, sufficient to protect the person's right to due process; ``(B) that restrains such person from-- ``(i) harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury to such individual, including an order that was issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student; or ``(ii) intimidating or dissuading a witness from testifying in court; and''; and (3) in subparagraph (C)-- (A) by striking ``intimate partner or child'' each place it appears and inserting ``individual described in subparagraph (B)''; (B) in clause (i), by inserting ``that'' before ``includes''; and (C) in clause (ii), by inserting ``that'' before ``by its''. SEC. 5. STALKING PROHIBITIONS. (a) Sales or Other Dispositions of Firearms or Ammunition.--Section 922(d) of title 18, United States Code, as amended by section 3 of this Act, is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; or''; and (3) by inserting after paragraph (9) the following: ``(10) has been convicted in any court of-- ``(A) a misdemeanor crime of stalking under Federal, State, territorial, or tribal law; or ``(B) a crime that involves conduct which would be prohibited by section 2261A if committed within the special maritime and territorial jurisdiction of the United States.''. (b) Possession, etc., of Firearms or Ammunition.--Section 922(g) of such title, as amended by section 4 of this Act, is amended-- (1) by striking ``or'' at the end of paragraph (8); (2) by striking the comma at the end of paragraph (9) and inserting ``; or''; and (3) by inserting after paragraph (9) the following: ``(10) has been convicted in any court of-- ``(A) a misdemeanor crime of stalking under Federal, State, territorial, or tribal law; or ``(B) a crime that involves conduct which would be prohibited by section 2261A if committed within the special maritime and territorial jurisdiction of the United States,''.

Protecting Domestic Violence and Stalking Victims Act Amends federal firearms provisions to expand the definition of: (1) "intimate partner" to include a dating partner or former dating partner; and (2) "misdemeanor crime of domestic violence" to include a misdemeanor offense that has, as an element, the use or attempted use of force, or the threatened use of a deadly weapon by a dating partner or former dating partner against the victim. Prohibits the sale or other disposition of a firearm or ammunition to, or the possession or receipt of a firearm by, a person who: (1) is subject to a court order, or an ex parte order, that restrains such person from harassing, stalking, threatening, or engaging in other conduct that would put an individual in reasonable fear of bodily injury, including an order issued at the request of an employer on behalf of its employee or at the request of an institution of higher education on behalf of its student, or from intimidating or dissuading a witness from testifying in court; or (2) has been convicted in any court of a misdemeanor crime of stalking under federal, state, territorial, or tribal law or of a crime that involves conduct that would be proscribed by prohibitions against stalking if committed within the special maritime and territorial jurisdiction of the United States.

Protecting Domestic Violence and Stalking Victims Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Bridges and Transforming Resentment and Unfairness to Support and Trust for Municipal Law Enforcement Act of 2014'' or the ``Build TRUST Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) The growing trend of local units of government using traffic fines and traffic court fees and costs as revenue generators promotes unfair, excessive targeting of citizens by law enforcement agents, infringes on civil liberties, and promotes reliance on unpredictable revenue sources. (2) The growing trend of local units of government using traffic fines and traffic court fees and costs as revenue generators has the potential to breed public cynicism and distrust of local law enforcement agencies, and to lessen public confidence that the laws are being enforced impartially and the criminal justice system is administered equally. SEC. 3. REDUCTION IN GRANT FUNDING FOR UNITS OF LOCAL GOVERNMENT. (a) Collection of Fines for Violations of Traffic Laws.--Except as provided in subsection (b) or section 4, a unit of local government which, during the previous 3 fiscal years, funded an amount that, on average, was greater than 18 percent of its operating budget using revenue generated from collecting fines and other fees related to violations of traffic laws, shall, in the case of a unit of local government receiving grant funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), receive only 25 percent of the grant award that would have otherwise been awarded to that unit of local government under such subpart. (b) Disproportionate Racial Composition of Law Enforcement Agencies.--In the case of a unit of local government described in subsection (a) for which, during the previous fiscal year, the percentage of individuals who identify as a race who were employees of the law enforcement agency for that unit of local government, and the percentage of individuals who identify as that race who live in the jurisdiction which that law enforcement agency serves, differs by greater than 30 percent, the unit of local government shall receive only 5 percent of the grant award that would have otherwise been awarded to that unit of local government under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). (c) Obligation of States.--A State that receives a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), which does not reduce a subgrant award made under such grant to a unit of local government in its jurisdiction in accordance with this section, shall, in the succeeding fiscal year, receive only 50 percent of the grant award that would have otherwise been awarded to that State under such subpart. (d) Reallocation.--Any funds withheld from a State or unit of local government from a direct grant award by the Attorney General shall be reallocated in accordance with subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). SEC. 4. EXEMPTIONS. The provisions of section 3 shall not apply in the case of any unit of local government-- (1) that serves a population of less than 15,000 people and so certifies to the Attorney General; or (2) to which the Attorney General has granted a waiver under section 5. SEC. 5. WAIVERS. The Attorney General may, in his or her discretion, grant a waiver under this section to any unit of local government for good cause shown, and shall consider the following factors: (1) Whether, resulting from allegations of excessive uses of force, false arrests, improper searches and seizures, failures to discipline officers sufficiently, or failure to supervise officers, the unit of local government is subject to a consent decree or Memorandum of Understanding, or the subject of an investigation by the Special Litigation Section of the Civil Rights Division of the Department of Justice. (2) Whether the unit of local government has taken affirmative action to ensure that adequate practices and procedures are in place to increase public trust and confidence in the impartial and equitable administration of justice, including-- (A) whether incidents of officer involved shootings and uses of excessive force are investigated by a Special Prosecutor appointed by the Governor, State Attorney General, or Presiding Judge of the local court of jurisdiction; (B) whether incidents of officer involved shootings and uses of excessive force are adjudicated in a public proceeding rather than the grand jury process. (3) Whether the minority community is equitably represented in the municipality's legislative body and executive departments.

Building Bridges and Transforming Resentment and Unfairness to Support and Trust for Municipal Law Enforcement Act of 2014 or the Build TRUST Act of 2014 - Reduces the amount that would otherwise be awarded to a unit of local government under the Edward Byrne Memorial Justice Assistance Grant Program: (1) by 75% for any such unit that, during the previous three fiscal years, funded an amount that on average was greater than 18% of its operating budget using revenue generated from collecting fines and other fees related to violations of traffic laws; and (2) by 95% for any such unit for which, during the previous fiscal year, the percentage of individuals who identify as a race who were employees of the law enforcement agency for that unit and the percentage of individuals who identify as that race who live in the jurisdiction such agency serves differ by greater than 30%. Reduces by 50% the amount that would otherwise be awarded under such Program to a state that did not reduce a subgrant award to a unit of local government in accordance with this Act in the preceding fiscal year. Requires the Attorney General to reallocate funds withheld from a state or unit of local government pursuant to this Act in accordance with the Program. Exempts any local governmental unit which certifies that it serves a population of less than 15,000 or to which the Attorney General has granted a waiver for good cause shown based on specified factors, including that: (1) such unit has taken affirmative action to ensure that adequate practices and procedures are in place to increase public trust and confidence in the impartial and equitable administration of justice, and (2) the minority community is equitably represented in the unit's legislative body and executive departments.

Build TRUST Act of 2014

SECTION 1. FINDINGS. Congress finds the following: (1) Since 2011, the terrorist group now known as the Islamic State in Iraq and the Levant (ISIL), has rapidly expanded, now possessing greater funding, more personnel, and heavier weapons than any other terrorist force. (2) ISIL has threatened to continue attacking United States persons and interests and has an apocalyptic vision for a larger confrontation with the United States and its allies in the Middle East. (3) According to the United States intelligence community, approximately 20,000 to 30,000 ISIL fighters operate in Iraq and Syria, an estimated 3,000 of which are believed to have western passports. (4) ISIL finances itself through looting, smuggling, taxes, oil sales, kidnapping, and human trafficking. (5) According to United States officials, ISIL captured approximately 1,500 Humvees, a number of other modern armored vehicles and transport trucks, over 50 long-range Global Positioning System (GPS)-guided artillery pieces, a substantial number of artillery shells, a large quantity of small arms, approximately 4,000 heavy machine guns, and other weapons from the Iraqi Security Forces in June 2014, and has also reportedly captured a number of other weapons and vehicles from Bashar al- Assad's forces in Syria. (6) The rapidly deteriorating humanitarian situation in Iraq caused by ISIL advances in Iraq and Syria has resulted in approximately 1,500,000 refugees and internally displaced people from Syria and Iraq taking refuge in the Iraqi Kurdistan region. The Kurdistan Regional Government is facing a humanitarian and budget crisis while defending itself from ISIL. (7) The Kurdistan Regional Government (KRG) is the democratically elected government of the Kurdistan Region in Iraq, and Iraqi Kurds have been a reliable and stable partner of the United States. (8) The Iraqi constitution guarantees the right of Iraqi regions, such as Iraqi Kurdistan, to maintain ``internal security forces for the region such as police, security forces, and guards of the region''. (9) The Kurdish Peshmerga forces are officially organized under the Ministry of Peshmerga Affairs and commanded by the Minister of Peshmerga, who reports to the President of the Kurdistan Regional Government. (10) ISIL has positioned its forces along a 650-mile border with the Kurdistan Regional Government's Peshmerga forces. (11) ISIL has employed captured armored vehicles, long- range artillery, and heavy weapons in attacking thinly stretched Kurdish forces along the border. (12) United States airstrikes against ISIL targets have helped stall the terrorist organization's advance on territory held by Kurdish forces, but have not proven to be militarily decisive against ISIL. (13) The United States and its allies have provided the resupply of various small arms and training to Peshmerga forces since June 2014. (14) Such resupply efforts, to comply with United States law, must be approved and coordinated through the Government of Iraq. In the initial phase of the resupply effort, the Government of Iraq constrained and delayed the emergency supply of weapons to the Kurdistan Regional Government. (15) The Peshmerga forces lack battle-ready armored vehicles and the ability to take significant offensive action against ISIL forces, leading to requests for such assistance. (16) Armored vehicles, anti-armor weapons, long-range artillery, and other weapons are consistent with the Kurdistan Regional Government's constitutional right to defend itself against the clear and present danger posed by ISIL. (17) A strong Peshmerga force is essential to countering the ISIL threat to Iraq, the region, and United States interests. (18) The longer ISIL's sanctuary remains largely unchallenged, the more time it will have to reinforce its positions, and plan attacks against United States interests. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) defeating the Islamic State in Iraq and the Levant (ISIL) is critical to maintaining a unified Iraq in which all faiths and ethnicities are afforded equal protection and full integration into the Iraqi government and society; (2) the people of Kurdistan face an urgent and deadly threat from ISIL which the Iraqi Security Forces, of which the Peshmerga are a component, are currently unable to match in armaments; (3) any outstanding issues between the Government of Iraq and the Kurdistan Regional Government should be resolved by the two parties expeditiously to allow for a resumption of normal relations; and (4) ISIL's recent advances and continued growth present an imminent threat to Iraqi Kurdistan, the rest of Iraq and the Middle East, and international security. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States to directly provide the Kurdistan Regional Government with advanced conventional weapons, training, and defense services, on an emergency and temporary basis, to more effectively partner with the United States and other international coalition members to defeat the Islamic State in Iraq and the Levant (ISIL). SEC. 4. TEMPORARY EMERGENCY AUTHORIZATION OF DEFENSE ARTICLES, DEFENSE SERVICES, AND RELATED TRAINING DIRECTLY TO THE KURDISTAN REGIONAL GOVERNMENT. (a) In General.--The President should consult with the Government of Iraq in carrying out the authority provided in subsection (b). (b) Authorization.-- (1) Military assistance.--The President is authorized to provide defense articles, defense services, and related training directly to the Kurdistan Regional Government for the purpose of supporting international coalition efforts against the Islamic State in Iraq and the Levant (ISIL) or any successor group. (2) Defense exports.--The President is authorized to issue licenses authorizing United States exporters to export defense articles, defense services, and related training directly to the Kurdistan Regional Government. For purposes of processing applications for such export licenses, the President is authorized to accept End Use Certificates approved by the Kurdistan Regional Government. (3) Types of assistance.--Assistance authorized under paragraph (1) and exports authorized under paragraph (2) may include anti-tank and anti-armor weapons, armored vehicles, long-range artillery, crew-served weapons and ammunition, secure command and communications equipment, body armor, helmets, logistics equipment, excess defense articles and other military assistance that the President determines to be appropriate. (c) Relationship to Existing Authorities; Conditions of Eligibility.-- (1) Relationship to existing authorities.--Assistance authorized under subsection (b)(1) and licenses for exports authorized under subsection (b)(2) shall be provided pursuant to the applicable provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.) and the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), notwithstanding any requirement in such applicable provisions of law that a recipient of assistance of the type authorized under subsection (b)(1) shall be a country or international organization. (2) Conditions of eligibility.--In addition to such other provisions as the President may require, no defense article, defense service, or related training may be provided to the Kurdistan Regional Government under the authority of subsection (b)(1) or (b)(2) unless the Kurdistan Regional Government agrees that-- (A) it will not provide any such defense article, defense service, or related training to anyone who is not an officer, employee, or agent of the Kurdistan Regional Government, and (B) it will not use or permit the use of any such defense article, defense service, or related training for purposes other than the purposes for which it was provided, unless the consent of the President has first been obtained. (d) Report.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the following: (A) The anticipated defense articles, defense services, and related training to be provided under the authority of subsections (b)(1) and (b)(2). (B) A timeline for the provision of such defense articles, defense services, and related training. (C) A description of mechanisms and procedures for end-use monitoring of such defense articles, defense services, and related training. (D) How such defense articles, defense services, and related training would contribute to the foreign policy and national security of the United States, as well as impact security in the region. (2) Definition.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Armed Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Armed Services of the Senate. (e) Notification.--The President should provide notification to the Government of Iraq prior to defense articles, defense services, or related training being provided to the Kurdistan Regional Government under the authority of subsection (b)(1) or (b)(2). (f) Definitions.--In this section, the terms ``defense article'', ``defense service'', and ``training'' have the meanings given those terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794). (g) Termination.--The authority to provide defense articles, defense services, and related training under subsection (b)(1) and the authority to issue licenses for exports authorized under subsection (b)(2) shall terminate on the date that is 3 years after the date of the enactment of this Act.

Expresses the sense of Congress that: defeating the Islamic State in Iraq and the Levant (ISIL) is critical to maintaining a unified Iraq in which all faiths and ethnicities are afforded equal protection and full integration into the government and society; the people of Kurdistan face a deadly threat from ISIL which the Iraqi Security Forces, of which the Peshmerga are a component, are currently unable to match in armaments; any outstanding issues between the government of Iraq and the Kurdistan Regional government (KRG) should be resolved expeditiously to allow for a resumption of normal relations; and ISIL's continued growth presents an imminent threat to Iraqi Kurdistan, the rest of Iraq and the Middle East, and international security. Authorizes the President to: (1) provide defense articles, defense services, and related training directly to the KRG to support international coalition efforts against ISIL or any successor group; and (2) issue licenses authorizing U.S. exporters to export defense articles, defense services, and related training directly to the KRG. Prohibits the provision of any defense article, service, or related training to the KRG under this Act unless the KRG agrees that it will not: provide any such defense article, service, or training to anyone who is not a KRG officer, employee, or agent; or use or permit the use of any such defense article, service, or training for purposes other than those for which it was provided, unless the President's consent has been obtained.

To authorize the direct provision of defense articles, defense services, and related training to the Kurdistan Regional Government, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead-Safe Housing for Kids Act of 2016''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Department'' means the Department of Housing and Urban Development; (2) the term ``housing receiving Federal assistance''-- (A) means housing that-- (i) except as provided in subparagraph (B), is covered by an application for mortgage insurance from the Department; (ii) receives housing assistance payments under a program administered by the Department; or (iii) otherwise receives more than $5,000 in project-based assistance under a Federal housing program administered by a Federal agency other than the Department; and (B) does not include-- (i) single-family housing covered by an application for mortgage insurance from the Federal Housing Administration; or (ii) multi-family housing that-- (I) is covered by an application for mortgage insurance from the Federal Housing Administration; and (II) does not receive any other Federal housing assistance; (3) the term ``public housing agency'' means an agency described in section 3(b)(6) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)); and (4) the term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 3. UPDATES TO LEAD-CONTAMINATED DUST AND LEAD-CONTAMINATED SOIL STANDARDS. (a) EPA Regulations.--Not later than 120 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in consultation with the Director of the Centers for Disease Control and Prevention, shall promulgate regulations to update the standards for lead-contaminated dust and lead-contaminated soil under part 745 of title 40, Code of Federal Regulations, in accordance with health-based standards. (b) HUD Regulations.--The Secretary shall promptly promulgate regulations to update the standards for lead-contaminated dust and lead-contaminated soil under part 35 of title 24, Code of Federal Regulations, in accordance with the regulations promulgated by the Administrator of the Environmental Protection Agency under subsection (a). SEC. 4. AMENDMENTS TO RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION ACT OF 1992. (a) In General.--Section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b) is amended-- (1) by redesignating paragraphs (6) through (27) as paragraphs (7) through (28), respectively; (2) by inserting after paragraph (5) the following: ``(6) Elevated blood lead level.--The term `elevated blood lead level' means the lower of-- ``(A) 5 mg/dL (micrograms of lead per deciliter); or ``(B) the most recent definition for elevated blood lead level or reference range level in children ages 1 through 5 years set by the Centers for Disease Control and Prevention.''; and (3) in paragraph (28), as so redesignated, by striking ``or any 0-bedroom dwelling''. (b) Relation to Other Authorities.--Nothing in this Act or the amendments made by this Act shall be construed to affect the authority of the Environmental Protection Agency under section 403 of the Toxic Substances Control Act (15 U.S.C. 2683). (c) Regulations.--Not later than 120 days after the date of enactment of this Act, the Secretary shall amend the regulations of the Department to comply with the amendments made by subsection (a). SEC. 5. AMENDMENTS TO THE LEAD-BASED PAINT POISONING PREVENTION ACT. Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(a)) is amended by adding at the end the following: ``(5) Additional procedures for families with children under the age of 6.-- ``(A) Risk assessment.-- ``(i) Definition.--In this section, the term `covered housing'-- ``(I) means housing receiving Federal assistance described in paragraph (1) that was constructed prior to 1978; and ``(II) does not include-- ``(aa) single-family housing covered by an application for mortgage insurance from the Federal Housing Administration; or ``(bb) multi-family housing that-- ``(AA) is covered by an application for mortgage insurance from the Federal Housing Administration; and ``(BB) does not receive any other Federal housing assistance. ``(ii) Regulations.--Not later than 120 days after the date of enactment of the Lead- Safe Housing for Kids Act of 2016, the Secretary shall promulgate regulations that-- ``(I) require an initial risk assessment for all covered housing in which a family with a child of less than 6 years of age will reside or be expected to reside for lead-based paint hazards prior to occupancy by the family; and ``(II) provide that a visual assessment is not sufficient for purposes of complying with subclause (I). ``(iii) Exception.--The regulations promulgated under clause (ii) shall provide an exception to the requirement under subclause (I) of such clause for covered housing-- ``(I) from which all lead-based paint has been identified and removed and clearance has been achieved in accordance with section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 2682 and 2684), as applicable; or ``(II) in accordance with any other standard or exception the Secretary deems appropriate. ``(B) Relocation.--Not later than 120 days after the date of enactment of the Lead-Safe Housing for Kids Act of 2016, the Secretary shall promulgate regulations to provide that a family with a child of less than 6 years of age that occupies a dwelling unit in covered housing may relocate on an emergency basis, and without placement on any waitlist, penalty, or lapse in assistance, to another unit of covered housing that has no lead-based paint hazards if-- ``(i) lead-based paint hazards were identified in the dwelling unit; or ``(ii)(I) lead-based hazards were identified in the dwelling unit; and ``(II) the blood lead level for the child is an elevated blood lead level, as defined in section 1004(6) of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b(6)).''. SEC. 6. GAO REPORTS ON LEAD HAZARDS IN FEDERALLY ASSISTED HOUSING. (a) Initial Report.--Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress an initial report on lead hazards in housing receiving Federal assistance, which shall analyze the implications of-- (1) changing Department regulations to align with the Centers for Disease Control and Prevention guidance; and (2) requiring a risk assessment (beyond a visual assessment) for initial and periodic inspections for lead-based paint hazards for all housing receiving Federal assistance, and the impact it would have on landlord participation and the stock of affordable housing. (b) Subsequent Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on lead hazards in housing receiving Federal assistance, which shall-- (1) analyze whether existing Federal programs and Federal funding for lead hazard control activities in housing receiving Federal assistance meet the current and evolving needs, and if not, the merits of identifying and providing dedicated funds within new or existing Federal programs to conduct lead hazard control activities; (2) evaluate the financial and social cost of lead-based paint hazard prevention and lead hazard control activities, and provide recommendations on how to improve coordination and leveraging of public and private funds, including private investments and tax incentives, to reduce the cost associated with the identification and remediation of lead hazards and expedite home remediation; (3) identify existing partnerships with public housing agencies and public health agencies in addressing lead-based paint hazards, what gaps exist in compliance and enforcement, and whether the partnerships can be replicated and enhanced with dedicated funding and better data collection and dissemination among stakeholders; and (4) examine the appropriateness and efficacy of existing Department protocols on reducing or abating lead-based paint hazards and whether they are aligned with specific environmental health scenarios to ensure the best and appropriate health outcomes and reduce further exposure. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act and the amendments made by this Act such sums as may be necessary for each of fiscal years 2017 through 2021.

Lead-Safe Housing for Kids Act of 2016 This bill directs the Environmental Protection Agency and the Department of Housing and Urban Development (HUD) to promulgate regulations to update the standards for lead-contaminated dust and lead-contaminated soil, in accordance with health-based standards. The Residential Lead-Based Paint Hazard Reduction Act of 1992 is amended to define elevated blood lead level as the lower of: 5 mg/dL (micrograms of lead per deciliter), or the most recent definition for elevated blood lead level or reference range level in children ages 1 through 5 set by the Centers for Disease Control and Prevention. The bill also removes 0-bedroom housing from the definition of target housing. The Lead-Based Paint Poisoning Prevention Act is amended to direct HUD to promulgate regulations that: require an initial lead-based paint hazard risk assessment before a family with a child under age six occupies certain housing, unless lead-based paint has already been removed; and state that a visual assessment is not sufficient for these purposes. These regulations shall apply to housing receiving federal assistance that was constructed before 1978, but exclude: single-family housing covered by an application for mortgage insurance from the Federal Housing Administration, or multi-family housing covered by such an application but does not receive any other federal housing assistance. HUD regulations shall also require emergency relocation of such families, without placement on a waitlist, penalty, or lapse in assistance, to another unit of covered housing that has no lead-based paint hazards. The Government Accountability Office shall report to Congress on lead hazards in federally assisted housing.

Lead-Safe Housing for Kids Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Census Address List Improvement Act of 1994''. SEC. 2. ADDRESS INFORMATION REVIEWED BY LOCAL GOVERNMENTS. (a) In General.--Chapter 1 of title 13, United States Code, is amended by adding after section 15 the following new section: ``Sec. 16. Address information reviewed by States and local governments ``(a) The Secretary, to assist efforts to ensure the accuracy of censuses and surveys under this title, shall-- ``(1) publish standards defining the content and structure of address information which States and local units of general purpose government may submit to the Secretary to be used in developing a national address list; ``(2)(A) develop and publish a timetable for the Bureau to receive, review, and respond to submissions of information under paragraph (1) before the decennial census date; and ``(B) provide for a response by the Bureau with respect to such submissions in which the Bureau specifies its determinations regarding such information and the reasons for such determinations; and ``(3) be subject to the review process developed under section 3 of the Census Address List Improvement Act of 1994 relating to responses pursuant to paragraph (2). ``(b)(1) The Secretary-- ``(A) shall provide officials who are designated as census liaisons by a local unit of general purpose government with access to census address information for the purpose of verifying the accuracy of the address information of the Bureau for census and survey purposes; and ``(B) together with such access, should provide an explanation of duties and obligations under this title. ``(2) Access under paragraph (1) shall be limited to address information concerning addresses within the local unit of general purpose government represented by the census liaison or an adjacent local unit of general purpose government. ``(3) The Bureau should respond to each recommendation made by a census liaison concerning the accuracy of address information, including the determination (and reasons therefor) of the Bureau regarding each such recommendation. ``(4) For the purposes of paragraph (1), in a case in which a local unit of general purpose government is within another local unit of general purpose government and is not independent of the enclosing unit, the census liaison shall be designated by the local unit of general purpose government which is within the enclosing local unit of general purpose government. ``(5) A census liaison may not use information made available under paragraph (1) for any purpose other than the purpose specified in paragraph (1). ``(c) For the purposes of this section-- ``(1) the term `local unit of general purpose government' has the meaning given such term by section 184(1) of this title; and ``(2) the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States.''. (b) Confidentiality.--Section 9(a) of such title is amended-- (1) by inserting ``or local government census liaison,'' after ``thereof,''; and (2) by inserting ``or 16'' after ``section 8''. (c) Penalty.--Section 214 of such title is amended by inserting ``or whoever, being or having been a census liaison within the meaning of section 16 of this title,'' after ``title,'' the second place it appears. (d) Clerical Amendment.--The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 15 the following: ``16. Address information reviewed by local governments.''. SEC. 3. DEVELOPMENT OF APPEALS PROCESS BY ADMINISTRATOR OF THE OFFICE OF INFORMATION AND REGULATORY AFFAIRS. The Administrator of the Office of Information and Regulatory Affairs, acting through the Chief Statistician and in consultation with the Bureau of the Census, shall develop an appeals process for those States and local units of general purpose government which desire to appeal determinations of the Bureau of the Census pursuant to section 16(a)(2) or (b)(3) of title 13, United States Code. Appeals under such process shall be resolved before the decennial census date. The Chief Statistician shall publish the proposed appeals process for a period of public comment before finalizing such process. SEC. 4. AUTHORITY OF UNITED STATES POSTAL SERVICE TO SHARE ADDRESS LISTS. Section 412 of title 39, United States Code, is amended-- (1) by striking out ``Except'' and all that follows through ``law,'' and inserting in lieu thereof ``(a) Except as specifically provided by subsection (b) or other law,''; and (2) by adding at the end the following: ``(b) The Postal Service shall provide to the Secretary of Commerce for use by the Bureau of the Census such address information, address- related information, and point of postal delivery information, including postal delivery codes, as may be determined by the Secretary to be appropriate for any census or survey being conducted by the Bureau of the Census. The provision of such information under this subsection shall be in accordance with such mutually agreeable terms and conditions, including reimbursability, as the Postal Service and the Secretary of Commerce shall deem appropriate.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Census Address List Improvement Act of 1994 - Directs the Secretary of Commerce to: (1) publish standards defining the content and structure of address information which States and local governments may submit to the Secretary to be used in developing a national address list; (2) develop and publish a timetable for the Bureau of the Census to receive, review, and respond to the submitted information before the decennial census date; (3) provide for a response by the Bureau that specifies its determinations regarding such information and the reasons for such determinations; and (4) be subject to the review process developed under this Act relating to such responses. Directs the Secretary to provide officials who are designated as census liaisons by local governments with access to census address information for the purpose of verifying the accuracy of the Bureau's address information for census and survey purposes and together with such access, provide an explanation of duties and obligations under this Act. Limits such access to the addresses within the local government represented by the census liaison or an adjacent local government. Requires the Bureau to respond to each recommendation made by a census liaison concerning the accuracy of address information, including the determination (and reasons therefor) of the Bureau regarding each such recommendation. Prohibits a census liaison from using information made available under this Act for purposes other than the purposes specified in this Act. Makes provisions that require, with exceptions, that such information be treated as confidential applicable to local government census liaisons. Imposes a fine and up to five years' imprisonment on whoever being or having been a census liaison wrongfully discloses such information. Requires: (1) the Administrator of the Office of Information and Regulatory Affairs, acting through the Chief Statistician, to develop an appeals process for those States and local governments which desire to appeal determinations of the Bureau; and (2) the Postal Service to provide to the Secretary for use by the Bureau such address, address- related, and point of postal delivery information, including postal delivery codes, determined by the Secretary to be appropriate for any census or survey being conducted by the Bureau.

Census Address List Improvement Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Enforcement Security Task Force Reauthorization Act of 2017''. SEC. 2. MODIFIED INSTRUCTIONS. (a) Updated Considerations for the Establishment of Units.--Section 432(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 240(c)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``shall consider'' and inserting ``shall apply risk-based criteria that takes into consideration''; (2) in subparagraph (A), by inserting ``, including threats posed by transnational criminal organizations'' before the semicolon at the end; (3) in subparagraph (C), by striking ``and'' at the end; (4) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: ``(E) the extent to which the BEST unit would advance the Department's homeland and border security strategic priorities and related objectives; and ``(F) whether departmental Joint Task Force operations established pursuant to section 708 and other joint cross-border initiatives would be enhanced, improved, or otherwise assisted by the BEST unit.''. (b) Port Security.--Section 432(c) of the Homeland Security Act of 2002, as amended by subsection (a), is further amended by adding at the end the following: ``(4) Port security best units.--A BEST unit established pursuant to paragraph (2) with a port security nexus shall be composed of at least 1 member of each of the following: ``(A) The Coast Guard Investigative Service. ``(B) The geographically responsible Coast Guard Sector Intelligence Office.''. (c) Updated Report Elements.--Section 432(e) of the Homeland Security Act of 2002 (6 U.S.C. 240(e)) is amended to read as follows: ``(e) Report.--Not later than 180 days after the date of the enactment of this subsection, and annually thereafter for the following 5 years, the Secretary shall submit to Congress a report that includes-- ``(1) a description of the effectiveness of BEST in enhancing border security, disrupting and dismantling transnational criminal organizations, and reducing drug trafficking, arms smuggling, child exploitation, illegal alien trafficking and smuggling, violence, and kidnapping along and across the international borders of the United States, as measured by crime statistics, including violent deaths, incidents of violence, and drug-related arrests; ``(2) an assessment of how BEST enhances information- sharing, including the dissemination of homeland security information, among Federal, State, local, tribal, and foreign law enforcement agencies, as well as BEST capability gaps relating to intelligence coordinating and sharing efforts; ``(3) a description of how BEST advances the Department's homeland and border security strategic priorities and effectiveness of BEST in achieving related objectives; and ``(4) an assessment of BEST's joint operational efforts with departmental Joint Task Force operations established pursuant to section 708 and other joint cross-border initiatives;. ``(5) An assessment of whether additional authorities are needed to accomplish the BEST mission; ``(6) An assessment of whether additional Memos of Understanding are needed to address intelligence and coordination gaps; and ``(7) An assessment of whether funding has an impact on the overall mission of BEST operations to assist in advancing the Department's homeland and border security priorities and related objectives.''. SEC. 3. AUTHORIZATION OF DANGER PAY ALLOWANCE FOR ICE AGENTS STATIONED IN DANGEROUS AREAS. (a) Sense of Congress.--It is the sense of Congress that providing personnel danger pay to U.S. Immigration and Customs Enforcement (ICE) agents who are assigned to dangerous overseas posts will-- (1) help modernize ICE's overseas workforce compensation system; and (2) place ICE on equal footing with the law enforcement agencies of the Department of Justice. (b) Authorization.--Section 5928 of title 5, United States Code, is amended by inserting ``The Secretary of State may not deny a request by the Administrator of the Drug Enforcement Administration, the Director of the Federal Bureau of Investigation, or the Director of U.S. Immigration and Customs Enforcement to authorize a danger pay allowance under this section for any employee of any such agency.'' after the first sentence. (c) Conforming Amendment.--Section 151 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246) is repealed. (d) Reporting Requirement.--Not later than 30 days after the date on which regulations are issued pursuant to subsection (d), the Director of U.S. Immigration and Customs Enforcement shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security of the House of Representatives that specifies-- (1) the overseas posts that have been designated by the Director as locations at which ICE agents will receive a danger pay allowance; and (2) the justification for each such designation.

Border Enforcement Security Task Force Reauthorization Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS), before establishing a Border Enforcement Security Task Force (BEST) unit, to apply risk-based criteria that takes into consideration specified factors, including: whether the area in which the BEST unit would be established is significantly impacted by threats posed by transnational criminal organizations; the extent to which the unit would advance DHS's homeland and border security strategic priorities and related objectives; and whether departmental Joint Task Force operations would be enhanced, improved, or otherwise assisted by the unit. A BEST unit with a port security nexus must be composed of at least one member of: (1) the Coast Guard Investigative Service, and (2) the geographically responsible Coast Guard Sector Intelligence Office. The bill modifies the DHS annual reporting requirement on the BEST program to require:: a description of the effectiveness of BEST in disrupting and dismantling transnational criminal organizations and reducing child exploitation; an assessment of how BEST enhances information-sharing; a description of how BEST advances DHS's homeland and border security strategic priorities and effectiveness of BEST in achieving related objectives; an assessment of BEST's joint operational efforts with departmental Joint Task Force operations; an assessment of whether additional authorities are needed to accomplish the BEST mission; an assessment of whether additional Memos of Understanding are needed to address intelligence and coordination gaps; and an assessment of whether funding has an impact on the overall mission of BEST operations to assist in advancing DHS's homeland and border security priorities and related objectives. (Sec. 3) The bill expresses the sense of Congress that providing personnel danger pay to U.S Immigration and Customs Enforcement (ICE) agents who are assigned to dangerous overseas posts will: (1) help modernize ICE's overseas workforce compensation system, and (2) place ICE on equal footing with the law enforcement agencies of the Department of Justice. The Department of State may not deny a request by the Drug Enforcement Administration, the Federal Bureau of Investigation, or ICE to authorize a danger pay allowance for any employee of such agencies. ICE must submit a report to the congressional foreign affairs and homeland security committees that specifies the overseas posts that have been designated as locations at which ICE agents will receive a danger pay allowance and the justification for each such designation.

Border Enforcement Security Task Force Reauthorization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technological Resource to Assist Criminal Enforcement (TRACE) Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to increase public safety by assisting law enforcement in solving more gun-related crimes and offering prosecutors evidence to link felons to gun crimes through ballistics technology; (2) to provide for ballistics testing of all new firearms for sale to assist in the identification of firearms used in crimes; (3) to require ballistics testing of all firearms in custody of Federal agencies to assist in the identification of firearms used in crimes; and (4) to add ballistics testing to existing firearms enforcement programs. SEC. 3. DEFINITION OF BALLISTICS. Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) The term `ballistics' means a comparative analysis of fired bullets and cartridge casings to identify the firearm from which bullets and cartridge casings were discharged, through identification of the unique markings that each firearm imprints on bullets and cartridge casings.''. SEC. 4. TEST FIRING AND AUTOMATED STORAGE OF BALLISTICS RECORDS. (a) Amendment.--Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m)(1) In addition to the other licensing requirements under this section, a licensed manufacturer or licensed importer shall-- ``(A) test fire firearms manufactured or imported by such licensees as specified by the Attorney General by regulation; ``(B) prepare ballistics images of the fired bullet and cartridge casings from the test fire; ``(C) make the records available to the Attorney General for entry in a computerized database; and ``(D) store the fired bullet and cartridge casings in such a manner and for such a period as specified by the Attorney General by regulation. ``(2) Nothing in this subsection creates a cause of action against any Federal firearms licensee or any other person for any civil liability except for imposition of a civil penalty under this section. ``(3)(A) The Attorney General shall assist firearm manufacturers and importers in complying with paragraph (1) by-- ``(i) acquiring, installing, and upgrading ballistics equipment and bullet and cartridge casing recovery equipment to be placed at or near the sites of licensed manufacturers and importers; ``(ii) hiring or designating sufficient personnel to develop and maintain a database of ballistics images of fired bullets and cartridge casings, research, and evaluation; ``(iii) providing education about the role of ballistics as part of a comprehensive firearm crime reduction strategy; ``(iv) providing for the coordination among Federal, State, and local law enforcement and regulatory agencies and the firearm industry to curb firearm-related crime and illegal firearm trafficking; and ``(v) taking other necessary steps to make ballistics testing effective. ``(B) The Attorney General shall-- ``(i) establish a computer system through which State and local law enforcement agencies can promptly access the ballistics records stored under this subsection, as soon as such a capability is available; and ``(ii) require training for all ballistics examiners. ``(4) The Attorney General shall conduct mandatory ballistics testing of all firearms obtained or in the possession of their respective agencies. ``(5) Not later than 3 years after the date of enactment of this subsection, and annually thereafter, the Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report regarding the implementation of this section, including-- ``(A) the number of Federal and State criminal investigations, arrests, indictments, and prosecutions of all cases in which access to ballistics records, provided under the system established under this section and under similar systems operated by any State, served as a valuable investigative tool in the prosecution of gun crimes; ``(B) the extent to which ballistics records are accessible across jurisdictions; and ``(C) a statistical evaluation of the test programs conducted pursuant to paragraph (4). ``(6) There are authorized to be appropriated to the Department of Justice $20,000,000 for each of the fiscal years 2004 through 2007, to carry out this subsection, to be used to-- ``(A) install ballistics equipment and bullet and cartridge casing recovery equipment; ``(B) establish sites for ballistics testing; ``(C) pay salaries and expenses of necessary personnel; and ``(D) conduct related research and evaluation.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraphs (2) and (3), the amendment made by subsection (a) shall take effect on the date on which the Attorney General, in consultation with the Board of the National Integrated Ballistics Information Network, certifies that the ballistics system used by the Department of Justice is sufficiently developed to support mandatory ballistics testing of new firearms. (2) Ballistics testing.--Section 923(m)(1) of title 18, United States Code, as added by subsection (a), shall take effect 2 years after the date of enactment of this Act. (3) Effective on date of enactment.--Section 923(m)(4) of title 18, United States Code, as added by subsection (a), shall take effect on the date of enactment of this Act. SEC. 5. PRIVACY RIGHTS OF LAW-ABIDING CITIZENS. Ballistics information of individual guns in any form or database established by this Act may not be used for prosecutorial purposes unless law enforcement officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation of that crime.

Technological Resource to Assist Criminal Enforcement (TRACE) Act - Amends the Brady Handgun Violence Prevention Act to require a licensed manufacturer or importer of firearms to: (1) test fire manufactured or imported firearms as specified by the Attorney General; (2) prepare ballistics images of the fired bullet and cartridge casings; (3) make the records available to the Attorney General for entry into a computerized database; and (4) store the fired bullet and cartridge casings.Directs the Attorney General to assist firearm manufacturers and importers in complying with these requirements by: (1) acquiring, installing, and upgrading ballistics equipment and bullet and cartridge casing recovery equipment; (2) hiring or designating sufficient personnel to develop and maintain a ballistics database; (3) providing education about the role of ballistics; and (4) providing for the coordination among law enforcement, regulatory agencies, and the firearm industry to curb firearm-related crime and illegal firearm trafficking.Requires the Attorney General to: (1) establish a computer system through which State and local law enforcement agencies can promptly access ballistics records; (2) require training for all ballistics examiners; (3) conduct mandatory ballistics testing of all firearms obtained by or in the possession of the Department of Justice; and (4) report to Congress on the implementation of this Act.Prohibits the use of ballistics information of individual guns for prosecutorial purposes unless officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation.

To amend chapter 44 of title 18, United States Code, to require ballistics testing of all firearms manufactured and all firearms in custody of Federal agencies.