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SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Schools Act of 1994''. SEC. 2. SAFE SCHOOLS PROGRAM AUTHORIZED. (a) In General.--With funds appropriated under subsection (b)(1), the Secretary of Education shall make competitive grants to eligible local educational agencies to carry out projects designed to achieve Goal Six of the National Education Goals, which provides that by the year 2000, every school in America will be free of drugs and violence and will offer a disciplined environment conducive to learning, by helping to ensure that all schools are safe and free of violence. (b) Model Project.--The Secretary of Education, shall develop a written safe schools model so all schools can develop models that enable all students to participate regardless of any language barriers. (c) Authorization of Appropriations and Reservation.-- (1) Authorization.--There are authorized to be appropriated to carry out this Act $50,000,000 for fiscal year 1994. (2) Reservation.--From the sums appropriated to carry out this Act for any fiscal year, the Secretary may reserve not more than 5 percent to carry out national leadership activities under section 6. SEC. 3. ELIGIBLE APPLICANTS. To be eligible to receive a grant under this Act, a local educational agency shall demonstrate in its application under section 4(a) that it-- (1) serves an area in which there is a high rate of-- (A) homicides committed by persons between the ages 5 to 18, inclusive; (B) referrals of youth to juvenile court; (C) youth under the supervision of the courts; (D) expulsions and suspensions of students from school; (E) referrals of youth, for disciplinary reasons, to alternative schools; or (F) victimization of youth by violence, crime, or other forms of abuse; and (2) has serious school crime, violence, and discipline problems, as indicated by other appropriate data. SEC. 4. APPLICATIONS AND PLANS. (a) In General.--In order to receive a grant under this Act, an eligible local educational agency shall submit to the Secretary an application that includes-- (1) an assessment of the current violence and crime problems in the schools to be served by the grant and in the community to be served by the applicant; (2) an assurance that the applicant has written policies regarding school safety, student discipline, and the appropriate handling of violent or disruptive acts; (3) a description of the schools and communities to be served by the grant, the activities and projects to be carried out with grant funds, and how these activities and projects will help to reduce the current violence and crime problems in the schools and communities served; (4) a description of educational materials to be developed in the second most predominate language of the schools and communities to be served by the grant, if applicable; (5) if the local educational agency receives Federal education funds, an explanation of how activities assisted under this Act will be coordinated with and support any systemic education improvement plan prepared with such funds; (6) the applicant's plan to establish school-level advisory committees, which include faculty, parents, staff, and students, for each school to be served by the grant and a description of how each committee will assist in assessing that school's violence and discipline problems as well as in designing appropriate programs, policies, and practices to combat those problems; (7) the applicant's plan for collecting baseline and future data, by individual schools, to monitor violence and discipline problems and to measure its progress in achieving the purpose of this Act; (8) a description of how, in subsequent fiscal years, the grantee will integrate the violence prevention activities it carries out with funds under this Act with activities carried out under its comprehensive plan for drug and violence prevention adopted under the Safe and Drug-Free Schools and Communities Act of 1986; (9) a description of how the grantee will coordinate its school crime and violence prevention efforts with education, law enforcement, judicial, health, social service, programs supported under the Juvenile Justice and Delinquency Prevention Act of 1974, and other appropriate agencies and organizations serving the community; (10) a description of how the grantee will inform parents about the extent of crime and violence in their children's schools and maximize the participation of parents in its violence prevention activities; (11) an assurance that grant funds under this Act will be used to supplement and not supplant State and local funds that would, in the absence of funds under this Act, be made available by the applicant for the purposes of the grant; (12) an assurance that the applicant will cooperate with, and provide assistance to, the Secretary in gathering statistics and other data the Secretary determines are necessary to determine the effectiveness of projects and activities under this Act or the extent of school violence and discipline problems throughout the Nation; and (13) such other information as the Secretary may require. (b) Priorities.--In awarding grants under this Act, the Secretary shall take into account the special needs of local educational agencies located in both rural and urban communities. SEC. 5. GRANTS AND USE OF FUNDS. (a) Duration and Amount of Grants.--Grants under this Act may not exceed-- (1) 1 year in duration; and (2) $3,000,000. (b) Use of Funds.-- (1) Activities.--A local educational agency may use funds awarded under section 2(a) for 1 or more of the following activities: (A) Identifying and assessing school violence and discipline problems, including coordinating needs assessment activities with education, law-enforcement, judicial, health, social service, juvenile justice programs, gang prevention activities, and other appropriate agencies and organizations. (B) Conducting school safety reviews or violence prevention reviews of programs, policies, practices, and facilities to determine what changes are needed to reduce or prevent violence and promote safety and discipline. (C) Planning for comprehensive, long-term strategies for combating and preventing school violence and discipline problems through the involvement and coordination of school programs with other education, law-enforcement, judicial, health, social service, and other appropriate agencies and organizations. (D) Activities which involve parents in efforts to promote school safety and prevent school violence. (E) Community education programs involving parents, businesses, local government, the medical, and other appropriate entities about the local educational agency's plan to promote school safety and reduce and prevent school violence and discipline problems and the need for community support. (F) Coordination of school-based activities designed to promote school safety and reduce or prevent school violence and discipline problems with related efforts of education, law-enforcement, judicial, health, social service, juvenile justice programs, and other appropriate agencies and organizations. (G) Developing and implementing violence prevention activities and materials, including-- (i) conflict resolution and social skills development for students, teachers, aides, other school personnel, and parents; (ii) disciplinary alternatives to expulsion and suspension of students who exhibit violent or anti-social behavior; (iii) student-led activities such as peer mediation, peer counseling, and student courts; or (iv) alternative after-school programs that provide safe havens for students, which may include cultural, recreational, educational and instructional activities, and mentoring and community service programs. (H) Educating students and parents about the dangers of guns and other weapons and the consequences of their use. (I) Developing and implementing innovative curricula to prevent violence in schools and training staff how to stop disruptive or violent behavior if it occurs. (J) Supporting ``safe zones of passage'' for students between home and school through such measures as Drug- and Weapon-Free School Zones, enhanced law enforcement, and neighborhood patrols. (K) Counseling programs for victims and witnesses of school violence and crime. (L) Evaluating its project under this Act. (M) The cost of administering the project of the local educational agency under this Act. (N) Other activities that meet the purposes of this Act. (2) Other limitations.--A local educational agency may use not more than 5 percent of its grant for activities described in paragraph (1)(M). (3) Construction.--A local educational agency may not use funds under this Act for construction. SEC. 6. NATIONAL LEADERSHIP. To carry out the purpose of this Act, the Secretary may use funds reserved under section 2(b)(2) to conduct national leadership activities such as research, program development and evaluation, data collection, public awareness activities, training and technical assistance, to provide grants to noncommercial telecommunications entities for the production and distribution of national video-based projects that provide young people with models for conflict resolution and responsible decisionmaking, and to conduct peer review of applications under this Act. The Secretary may carry out such activities directly, through interagency agreements, or through grants, contracts, or cooperative agreements. SEC. 7. REPORTS. (a) Report to Secretary.--Local educational agencies that receive funds under this part shall submit to the Secretary a report not later than March 1, 1995, that describes progress achieved in carrying out the plan required under section 4. (b) Report to Congress.--The Secretary shall submit to the Committee on Education and Labor of the House of Representatives a report not later than October 1, 1995, which contains a detailed statement regarding grant awards, activities of grant recipients, a compilation of statistical information submitted by applicants under section 4, and an evaluation of programs established under this part. SEC. 8. DEFINITIONS. For purposes of this Act: (1) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 1471(12) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(12)). (2) Secretary.--The term ``Secretary'' means the Secretary of Education. Passed the House of Representatives February 22, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Safe Schools Act of 1994 - Directs the Secretary of Education to make competitive grants to eligible local educational agencies for projects to achieve National Education Goal Six by helping to ensure that all schools are safe and free of violence. Directs the Secretary to develop a written safe schools model. Authorizes appropriations. Authorizes the Secretary to use certain reserved funds to conduct national leadership activities such as research, program development and evaluation, data collection, public awareness activities, training and technical assistance, peer review of applications, and grants for public television video projects for conflict resolution.

Safe Schools Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Land Disposal Program Flexibility Act of 1996''. SEC. 2. LAND DISPOSAL RESTRICTIONS. Section 3004(g) of the Solid Waste Disposal Act is amended by adding after paragraph (6) the following: ``(7) Solid waste identified as hazardous based solely on one or more characteristics shall not be subject to this subsection, any prohibitions under subsection (d), (e), or (f), or any requirement promulgated under subsection (m) (other than any applicable specific methods of treatment, as provided in paragraph (8)) if the waste-- ``(A) is treated in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under section 402 of the Federal Water Pollution Control Act (commonly known as the ``Clean Water Act'') (33 U.S.C. 1342), treated for the purposes of the pretreatment requirements of section 307 of the Clean Water Act (33 U.S.C. 1317), or treated in a zero discharge system that, prior to any permanent land disposal, engages in treatment that is equivalent to treatment required under section 402 of the Clean Water Act (33 U.S.C. 1342) for discharges to waters of the United States, as determined by the Administrator; and ``(B) no longer exhibits a hazardous characteristic prior to management in any land-based solid waste management unit. ``(8) Solid waste that otherwise qualifies under paragraph (7) shall nevertheless be required to meet any applicable specific methods of treatment specified for such waste by the Administrator under subsection (m), including those specified in the rule promulgated by the Administrator June 1, 1990, prior to management in a land-based unit as part of a treatment system specified in paragraph (7)(A). No solid waste may qualify under paragraph (7) that would generate toxic gases, vapors, or fumes due to the presence of cyanide when exposed to pH conditions between 2.0 and 12.5. ``(9) Solid waste identified as hazardous based on one or more characteristics alone shall not be subject to this subsection, any prohibitions under subsection (d), (e), or (f), or any requirement promulgated under subsection (m) if the waste no longer exhibits a hazardous characteristic at the point of injection in any Class I injection well permitted under section 1422 of title XIV of the Public Health Service Act (42 U.S.C. 300h-1). ``(10) Not later than five years after the date of enactment of this paragraph, the Administrator shall complete a study of hazardous waste managed pursuant to paragraph (7) or (9) to characterize the risks to human health or the environment associated with such management. In conducting this study, the Administrator shall evaluate the extent to which risks are adequately addressed under existing State or Federal programs and whether unaddressed risks could be better addressed under such laws or programs. Upon receipt of additional information or upon completion of such study and as necessary to protect human health and the environment, the Administrator may impose additional requirements under existing Federal laws, including subsection (m)(1), or rely on other State or Federal programs or authorities to address such risks. In promulgating any treatment standards pursuant to subsection (m)(1) under the previous sentence, the Administrator shall take into account the extent to which treatment is occurring in land-based units as part of a treatment system specified in paragraph (7)(A). ``(11) Nothing in paragraph (7) or (9) shall be interpreted or applied to restrict any inspection or enforcement authority under the provisions of this Act.''. SEC. 3. GROUND WATER MONITORING. (a) Amendment of Solid Waste Disposal Act.--Section 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended as follows: (1) By striking ``Criteria.--Not later'' and inserting the following: ``Criteria.-- ``(1) In general.--Not later''. (2) By adding at the end the following new paragraphs: ``(2) Additional revisions.--Subject to paragraph (3), the requirements of the criteria described in paragraph (1) relating to ground water monitoring shall not apply to an owner or operator of a new municipal solid waste landfill unit, an existing municipal solid waste landfill unit, or a lateral expansion of a municipal solid waste landfill unit, that disposes of less than 20 tons of municipal solid waste daily, based on an annual average, if-- ``(A) there is no evidence of ground water contamination from the municipal solid waste landfill unit or expansion; and ``(B) the municipal solid waste landfill unit or expansion serves-- ``(i) a community that experiences an annual interruption of at least 3 consecutive months of surface transportation that prevents access to a regional waste management facility; or ``(ii) a community that has no practicable waste management alternative and the landfill unit is located in an area that annually receives less than or equal to 25 inches of precipitation. ``(3) Protection of ground water resources.-- ``(A) Monitoring requirement.--A State may require ground water monitoring of a solid waste landfill unit that would otherwise be exempt under paragraph (2) if necessary to protect ground water resources and ensure compliance with a State ground water protection plan, where applicable. ``(B) Methods.--If a State requires ground water monitoring of a solid waste landfill unit under subparagraph (A), the State may allow the use of a method other than the use of ground water monitoring wells to detect a release of contamination from the unit. ``(C) Corrective action.--If a State finds a release from a solid waste landfill unit, the State shall require corrective action as appropriate. ``(4) No-migration exemption.-- ``(A) In general.--Ground water monitoring requirements may be suspended by the Director of an approved State for a landfill operator if the operator demonstrates that there is no potential for migration of hazardous constituents from the unit to the uppermost aquifer during the active life of the unit and the post-closure care period. ``(B) Certification.--A demonstration under subparagraph (A) shall be certified by a qualified ground-water scientist and approved by the Director of an approved State. ``(C) Guidance.--Not later than 6 months after the date of enactment of this paragraph, the Administrator shall issue a guidance document to facilitate small community use of the no migration exemption under this paragraph. ``(5) Alaska native villages.--Upon certification by the Governor of the State of Alaska that application of the requirements described in paragraph (1) to a solid waste landfill unit of a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act (16 U.S.C. 1602)) or unit that is located in or near a small, remote Alaska village would be infeasible, or would not be cost-effective, or is otherwise inappropriate because of the remote location of the unit, the State may exempt the unit from some or all of those requirements. This paragraph shall apply only to solid waste landfill units that dispose of less than 20 tons of municipal solid waste daily, based on an annual average. ``(6) Further revisions of guidelines and criteria.-- Recognizing the unique circumstances of small communities, the Administrator shall, not later than two years after enactment of this provision promulgate revisions to the guidelines and criteria promulgated under this subtitle to provide additional flexibility to approved States to allow landfills that receive 20 tons or less of municipal solid waste per day, based on an annual average, to use alternative frequencies of daily cover application, frequencies of methane gas monitoring, infiltration layers for final cover, and means for demonstrating financial assurance: Provided, That such alternative requirements take into account climatic and hydrogeologic conditions and are protective of human health and environment.''. (b) Reinstatement of Regulatory Exemption.--It is the intent of section 4010(c)(2) of the Solid Waste Disposal Act, as added by subsection (a), to immediately reinstate subpart E of part 258 of title 40, Code of Federal Regulations, as added by the final rule published at 56 Federal Register 50798 on October 9, 1991. SEC. 4. TECHNICAL CORRECTIONS TO SOLID WASTE DISPOSAL ACT. The Solid Waste Disposal Act is amended as follows: (1) In section 3001(d)(5) by striking ``under section 3001'' and inserting ``under this section''. (2) By inserting a semicolon at the end of section 3004(q)(1)(C). (3) In section 3004(g), by striking ``subparagraph (A) through (C)'' in paragraph (5) and inserting ``subparagraphs (A) through (C)''. (4) In section 3004(r)(2)(C), by striking ``pertroleum- derived'' and inserting ``petroleum-derived''. (5) In section 3004(r)(3) by inserting after ``Standard'' the word ``Industrial''. (6) In section 3005(a), by striking ``polycholorinated'' and inserting ``polychlorinated''. (7) In section 3005(e)(1), by inserting a comma at the end of subparagraph (C). (8) In section 4007(a), by striking ``4003'' in paragraphs (1) and (2)(A) and inserting ``4003(a)''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Land Disposal Program Flexibility Act of 1996 - Amends the Solid Waste Disposal Act (SWDA) to exempt from land disposal restrictions (other than requirements pertaining to applicable specific methods of treatment promulgated by the Administrator of the Environmental Protection Agency under SWDA) solid waste identified as hazardous based solely on one or more characteristics if such waste: (1) is treated in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under the Federal Water Pollution Control Act (Clean Water Act), undergoes pretreatment for purposes of compliance with toxic and pretreatment effluent standards of such Act, or is treated in a zero-discharge system that the Administrator determines to be engaging in Clean Water Act-equivalent treatment; (2) no longer exhibits such characteristic prior to land disposal; (3) has met any applicable specific method of treatment promulgated by the Administrator, including those specified in the rule promulgated by the Administrator on June 1, 1990, prior to management in a land-based unit as part of a treatment system specified in clause (1) above; and (4) would not generate toxic gases, vapors, or fumes due to the presence of cyanide at the point of generation when exposed to pH conditions of a specified range. Amends SWDA to exempt from land disposal restrictions solid waste identified as hazardous based on one or more characteristics alone if the waste no longer exhibits a hazardous characteristic at the point of injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act. Requires the Administrator to conduct a study of hazardous waste managed in accordance with this Act to characterize the risks to human health or the environment associated with such management, upon completion of which the Administrator may impose additional requirements or rely upon other State or Federal programs or authorities to address such risks. (Sec. 3) Makes certain groundwater monitoring requirements inapplicable to new or existing municipal solid waste landfill units or lateral expansions of such units that dispose of fewer than 20 tons of municipal solid waste daily, based on an annual average, if: (1) there is no evidence of groundwater contamination from such units or expansions; and (2) the units or expansions serve a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility or that has no practicable waste management alternative and such units are located in an area that annually receives 25 inches of precipitation or less. Permits States to require monitoring of units that would otherwise be exempt if necessary to protect groundwater resources and ensure compliance with a State groundwater protection plan. Allows the suspension of groundwater monitoring requirements if a landfill operator demonstrates that there is no potential for migration of hazardous constituents from the unit to the uppermost aquifer during the active life of the unit and the post-closure care period. Allows the State of Alaska to exempt units of Alaska Native villages or located in or near small, remote Alaska villages from some or all of such requirements if such requirements would be infeasible, would not be cost-effective, or would be inappropriate because of the unit's remote location. Applies this exemption only to landfills that dispose of less than 20 tons of municipal solid waste daily. Directs the Administrator to promulgate revisions to provide additional flexibility to approved States to allow landfills that receive no more than 20 tons of municipal solid waste daily to use alternative frequencies of daily cover application and methane gas monitoring, infiltration layers for final cover, and means for demonstrating financial assurance, provided such alternative requirements take into account climatic and hydrogeologic conditions and protect human health and the environment. Declares that it is the intent of this Act to reinstate EPA rules promulgated on October 9, 1991, regarding groundwater monitoring at municipal solid waste landfill units.

Land Disposal Program Flexibility Act of 1996

SECTION 1. FINDINGS. Congress makes the following findings: (1) Title 38, United States Code, authorizes the Secretary of Veterans Affairs to furnish hospital and domiciliary care, medical services, nursing home care, and related services to eligible and enrolled veterans, but such services can only be provided to the extent that appropriated resources and facilities are available for such purposes. (2) For 19 out of the past 21 fiscal years, Congress has not appropriated funds for medical care provided by the Department of Veterans Affairs before the commencement of the new fiscal year, causing the Department great challenges in planning and managing health care for enrolled veterans, to the detriment of those veterans. (3) The cumulative effects of insufficient, late and unpredictable health care funding endanger the viability of the system and the specialized health care resources the Department has developed to maintain and improve the health of the Nation's sick and disabled veterans. (4) Approved appropriation levels for the health care programs of the Department have too often proven insufficient over the past decade, requiring the Secretary of Veterans Affairs to ration health care services and Congress to approve supplemental appropriations. (5) Providing sufficient, timely, and predictable funding would ensure the government meets its obligation to provide health care to sick and disabled veterans and ensure that all veterans enrolled for care in the Department of Veterans Affairs health care system have ready access to timely, quality services. (6) Providing sufficient, timely, and predictable funding to the veterans health care system would eliminate year-to-year uncertainty on funding levels that has prevented the Department of Veterans Affairs from being able to adequately plan for and meet the needs of veterans who are enrolled in the Department health care system. SEC. 2. TWO-FISCAL YEAR BUDGET AUTHORITY FOR CERTAIN MEDICAL CARE ACCOUNTS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Two-Fiscal Year Budget Authority.-- (1) In general.--Chapter 1 of title 38, United States Code, is amended by inserting after section 113 the following new section: ``Sec. 113A. Two-fiscal year budget authority for certain medical care accounts ``(a) In General.--Beginning with fiscal year 2010, new discretionary budget authority provided in an appropriations Act for the appropriations accounts of the Department specified in subsection (b) shall be made available for the fiscal year involved and shall include new discretionary budget authority first available after the end of such fiscal year for the subsequent fiscal year. ``(b) Medical Care Accounts.--The medical care accounts of the Department specified in this subsection are the medical care accounts of the Veterans Health Administration as follows: ``(1) Medical Services. ``(2) Medical Administration. ``(3) Medical Facilities.''. (2) 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 113 the following new item: ``113A. Two-fiscal year budget authority for certain medical care accounts.''. SEC. 3. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON ADEQUACY AND ACCURACY OF BASELINE MODEL PROJECTIONS OF THE DEPARTMENT OF VETERANS AFFAIRS FOR HEALTH CARE EXPENDITURES. (a) Study of Adequacy and Accuracy of Baseline Model Projections.-- The Comptroller General of the United States shall conduct a study of the adequacy and accuracy of the budget projections made by the Enrollee Health Care Projection Model, or its equivalent, as utilized for the purpose of estimating and projecting health care expenditures of the Department of Veterans Affairs (in this section referred to as the ``Model'') with respect to the fiscal year involved and the subsequent four fiscal years. (b) Reports.-- (1) In general.--Not later than the date of each year in 2010, 2011, and 2012, on which the President submits the budget request for the next fiscal year under section 1105 of title 31, United States Code, the Comptroller General shall submit to the appropriate committees of Congress and to the Secretary a report. (2) Elements.--Each report under this paragraph shall include, for the fiscal year beginning in the year in which such report is submitted, the following: (A) A statement whether the amount requested in the budget of President for expenditures of the Department for health care in such fiscal year is consistent with anticipated expenditures of the Department for health care in such fiscal year as determined utilizing the Model. (B) The basis for such statement. (C) Such additional information as the Comptroller General determines appropriate. (3) Availability to the public.--Each report submitted under this subsection shall also be made available to the public. (4) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committees on Veterans' Affairs, Appropriations, and the Budget of the Senate; and (B) the Committees on Veterans' Affairs, Appropriations, and the Budget of the House of Representatives.

Requires, beginning with FY2010, a two-fiscal-year budget authority for the following accounts of the Department of Veterans Affairs (VA): (1) Medical Services; (2) Medical Administration; and (3) Medical Facilities. Requires the Comptroller General to conduct a study on the adequacy and accuracy of VA baseline model projections for health care expenditures.

To amend title 38, United States Code, to provide two-fiscal year budget authority for certain medical care accounts of the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Sexual Assault Crimes Revision Act of 2004''. SEC. 2. MILITARY SEXUAL ABUSE. (a) Sexual Abuse.--Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended to read as follows: ``Sec. 920. Art. 120. Sexual abuse ``(a) Any person subject to this chapter who knowingly-- ``(1) causes another person to engage in a sexual act by using force against that other person; ``(2) causes another person to engage in a sexual act by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; ``(3) renders another person unconscious and thereby engages in a sexual act with that other person; or ``(4) administers to another person by force or threat of force, or without the knowledge or permission of that other person, a drug, intoxicant, or other similar substance and thereby-- ``(A) substantially impairs the ability of that other person to appraise or control conduct; and ``(B) engages in a sexual act with that other person; is guilty of aggravated sexual abuse and shall be punished as a court- martial may direct. ``(b) Any person subject to this chapter who knowingly engages in a sexual act with another person who has not attained the age of twelve years is guilty of aggravated sexual abuse of a child and shall be punished as a court-martial may direct. In a prosecution under this subsection, it need not be proven that the accused knew that the other person engaging in the sexual act had not attained the age of twelve years. ``(c) Any person subject to this chapter who knowingly-- ``(1) causes another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping); or ``(2) engages in a sexual act with another person if that other person is-- ``(A) incapable of appraising the nature of the conduct; or ``(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act; is guilty of sexual abuse and shall be punished as a court-martial may direct. ``(d)(1) Any person subject to this chapter who knowingly engages in a sexual act with another person who-- ``(A) has attained the age of twelve years but has not attained the age of sixteen years; and ``(B) is not that person's spouse; is guilty of sexual abuse of a minor and shall be punished as a court- martial may direct. ``(2) In a prosecution under this subsection, it need not be proven that the accused knew the age of the other person engaging in the sexual act. ``(3) In a prosecution under this subsection, it is an affirmative defense that the accused reasonably believed that the other person had attained the age of sixteen years. The accused has the burden of proving a defense under this paragraph by a preponderance of the evidence. ``(e) Any person subject to this chapter who knowingly engages in a sexual act with another person who is-- ``(1) in official detention or confinement; ``(2) under the custodial, supervisory, or disciplinary authority of the person so engaging; and ``(3) is not that person's spouse; is guilty of sexual abuse of a prisoner and shall be punished as a court-martial may direct. ``(f) In this section, the term `sexual act' means-- ``(1) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight; ``(2) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; ``(3) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or ``(4) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of sixteen years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.''. (b) Conforming Amendments.--(1) Paragraph (4) of section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended by striking ``rape,'' and inserting ``aggravated sexual abuse, aggravated sexual abuse of a child,''. (2) Subsection (b)(2)(B)(i) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), is amended by striking ``Rape or carnal knowledge'' and inserting ``Aggravated sexual abuse of a child or sexual abuse of a minor''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 47 of title 10, United States Code, is amended by striking the item relating to section 920 and inserting the following new item: ``920. Art. 120. Sexual abuse.''. (d) Effective Date.--The amendments made by this section shall take effect 6 months after the date of the enactment of this Act and apply with respect to offenses committed after such effective date. (e) Interim Maximum Punishments.--Until the President otherwise provides pursuant to section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), the punishment which a court-martial may direct for an offense under section 920 of such title (article 120 of the Uniform Code of Military Justice), as amended by this section, may not exceed the following limits: (1) For aggravated sexual abuse or aggravated sexual abuse of a child, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole. (2) For sexual abuse or sexual abuse of a minor, such punishment may not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement for twenty years. (3) For sexual abuse of a prisoner, such punishment may not exceed bad-conduct discharge, forfeiture of all pay and allowances, and confinement for one year. (f) No Preemption.--The prosecution or punishment of an accused for an offense under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), as amended by this section, does not preclude the prosecution or punishment of that accused for any other offense.

Military Sexual Assault Crimes Revision Act of 2004 - Amends the Uniform Code of Military Justice to define as the crime of aggravated sexual abuse engaging in a sexual act: (1) through the use of force; (2) by threatening or placing a person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping; (3) by rendering another person unconscious; (4) by administering to another person an impairing drug or intoxicant; or (5) with a person under 12 years of age whether or not the accused knew the person's age. Defines as the crime of sexual abuse engaging in a sexual act: (1) by threatening or placing a person in fear (other than in a manner that would constitute aggravated sexual abuse); (2) with a person who is incapable of either appraising the nature of the conduct or physically incapable of declining; or (3) with a person who is at least 12 but under 16 who is not the spouse of the accused whether or not the accused knew the person's age. Establishes as an affirmative defense the accused's reasonable belief that the person was at least 16. Defines sexual abuse of a prisoner as knowingly engaging in a sexual act with a person who is: (1) in official detention or confinement; (2) under the custodial, supervisory, or disciplinary authority of the accused; and (3) is not the accused's spouse. Makes the above crimes punishable by court-martial and sets forth interim maximum punishments for each.

To amend the Uniform Code of Military Justice to bring sexual assault crimes under military law into parallel with sexual assault crimes under Federal law, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal-Utah State Trust Lands Consolidation Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The San Rafael Swell in Utah is a 900-square mile, wild and beautiful region west of the Green River. The San Rafael Swell is dominated by the jagged, uplifted San Rafael Reef, which has nearly two dozen major canyons and many side draws and box canyons. The San Rafael Swell towers above the desert like a wilderness castle, ringed by 1,000-foot ramparts of Navajo sandstone. Its highlands have been fractured by uplift and scooped hollow by erosion over countless millennia, leaving a tremendous basin punctuated by mesas, buttes, and canyons and traversed by sediment-laden desert streams. (2) The San Rafael Swell region was one of the country's last frontiers and possesses important natural, historical, and cultural resources, including exceptional backcountry recreation opportunities, productive habitat for Desert Bighorn Sheep, important historical sites, including sections of the Old Spanish Trail and the Outlaw Trail, significant paleontological resources, and multiple wilderness study areas created pursuant to section 603 of the Federal Lands Policy and Management Act of 1976, or otherwise identified by local government and conservation interests as having significant conservation values. The beautiful rural landscapes, historic and cultural landscapes, and spectacular scenic vistas of the San Rafael Swell region contain significant undeveloped recreational opportunities for people throughout the United States. (3) The State of Utah owns approximately 102,871 acres of land located in the San Rafael Swell region and administered by the Utah School and Institutional Trust Lands Administration. These lands were granted by the Congress to the State of Utah pursuant to the Utah Enabling Act of 1894 (chapter 138; 23 Stat. 107), to be held in trust for the benefit of the State's public school system and other public institutions. The lands are largely scattered in checkerboard fashion amidst the Federal lands comprising the remainder of the San Rafael Swell area. (4) Development of surface and mineral resources on State trust lands within the San Rafael Swell area, or the sale of such lands into private ownership, could be incompatible with management of such lands for nonimpairment of their wilderness characteristics pursuant to section 603(c) of the Federal Land Policy and Management Act of 1976, with future congressional designation of the lands as wilderness, or with future designation of such lands as a national monument, national heritage area, or other conservation designation. (5) The State of Utah also owns 3,533 acres of land within or directly adjacent to the Manti-La Sal National Forest in Grand and Emery Counties, Utah, and 6,411 acres of land within the Red Cliffs Desert Reserve, a conservation reserve established in 1995 by the United States and Washington County, Utah, to implement a multiple-species habitat conservation plan approved by the Fish and Wildlife Service under section 10(a) of the Endangered Species Act of 1973. The Reserve contains the highest density of critical habitat for the Mojave desert tortoise, a threatened species, in the United States. These State trust lands are also administered by the Utah School and Institutional Trust Lands Administration, but the use of such lands by the State is limited because of the conservation designations of surrounding Federal lands. (6) The United States owns lands and interests in lands elsewhere in Utah that can be transferred to the State of Utah in exchange for the San Rafael Swell inholdings, the Manti-La Sal forest lands, and the Red Cliffs Desert Reserve lands without jeopardizing Federal management objectives or needs. (7) The large presence of State trust land inholdings in the San Rafael Swell region, the Manti-La Sal National Forest, and the Red Cliffs Desert Reserve makes land and resource management in these areas difficult, costly, and controversial for both the State of Utah and the United States. (8) It is in the public interest to reach agreement on exchange of such inholdings, on terms fair to both the State of Utah and the United States. Such an agreement, subject to ratification by Congress and consent by the Utah legislature, would save much time and delay in meeting the legitimate expectations of the State school and institutional trusts, in simplifying management of Federal lands, and in avoiding the significant time and expense associated with administrative land exchanges. (9) The State of Utah and the United States have reached an agreement under which the State would exchange certain State trust lands within the San Rafael Swell region, the Manti-La Sal National Forest, and the Red Cliffs Desert Reserve for various Federal lands outside of those areas but in the same region of Utah. (10) The parties agreed at the outset of negotiations to avoid identifying Federal assets for conveyance to the State where any of the following was known to exist or likely to be an issue as a result of foreseeable future uses of the lands: (A) Wilderness study areas. (B) Areas proposed for wilderness designation in pending Federal legislation. (C) Significant endangered species habitat. (D) Significant archaeological resources. (E) Areas of critical environmental concern. (F) Other lands known to raise significant environmental concerns of any kind. (11) Because the State trust lands to be acquired by the Federal Government include properties within some of the most spectacular wild areas in the western United States, and because a mission of the Utah School and Institutional Trust Lands Administration is to produce economic benefits for Utah's public schools and other beneficiary institutions, the exchange of lands called for in this agreement will resolve longstanding environmental conflicts with respect to existing and proposed wilderness study areas, place important natural lands into public ownership, and further the interests of the State trust lands, the school children of Utah, and these conservation resources. (12) Under this agreement, the State interests to be conveyed to the United States by the State of Utah, and the Federal interests to be conveyed to the State of Utah by the United States, have been examined by licensed independent real estate consultants and, taken as a whole, have been found to be approximately equal in value. (b) Purpose.--The purpose of this Act is to enact into law and direct prompt implementation of this agreement, and thereby to further the public interest by consolidating State and Federal lands into manageable units while facilitating the protection of lands with significant scientific, cultural, and natural resources. SEC. 3. RATIFICATION OF THE AGREED EXCHANGE BETWEEN THE STATE OF UTAH AND THE UNITED STATES. (a) Agreement.--The State of Utah, the Department of the Interior, and the Department of Agriculture have agreed to exchange certain Federal lands in the State of Utah for lands of approximately equal value managed by the Utah School and Institutional Trust Lands Administration in the San Rafael Swell area of Utah, the Manti-La Sal National Forest, and the Red Cliffs Desert Reserve. (b) Ratification.--All terms, conditions, procedures, covenants, reservations, and other provisions set forth in the document entitled ``Agreement for Exchange of Lands 2002 Federal-Utah State Trust Lands Consolidation'', dated June ____, 2002 (in this Act referred to as ``the Agreement''), are hereby incorporated in this Act, are ratified and confirmed, and set forth the obligations of the United States, the State of Utah, and the Utah School and Institutional Trust Lands Administration, as a matter of Federal law. SEC. 4. CONVEYANCES. (a) Conveyances.--All conveyances under sections 2, 3, and 4 of the Agreement shall be completed not later than 70 days after enactment of this Act. (b) Maps and Legal Descriptions.-- (1) In general.--The maps and legal descriptions referred to in the Agreement depict the lands subject to the conveyances under the Agreement. (2) Public availability.--The maps and legal descriptions referred to in the Agreement shall be on file and available for public inspection in the offices of the Secretary of the Interior, the Secretary of Agriculture, the Intermountain Regional Office of the Forest Service, and the Utah State Director of the Bureau of Land Management. (3) Conflict.--In case of any conflict between the maps and the legal descriptions in the Agreement, the legal descriptions shall control. SEC. 5. MINERAL DEVELOPMENT. All payments received by the United States pursuant to section 13(c) of the Agreement shall be subject to sharing with the State of Utah in the same manner the United States shares bonus bids, rentals, and royalties with the State of Utah under section 35 of the Mineral Leasing Act (30 U.S.C. 191). SEC. 6. AUTHORIZATION. There are authorized to be appropriated such sums as are necessary to carry out this Act, including such sums as may be desired to reduce the balance of the interest and principal amounts owed by the United States to the Trust Lands Administration pursuant to sections 4 and 5 of the Agreement. SEC. 7. COSTS. The United States and the State of Utah shall each bear its own respective costs incurred in the implementation of this Act.

Federal-Utah State Trust Lands Consolidation Act - Establishes that the State of Utah, the Department of the Interior, and the Department of Agriculture have agreed to exchange certain Federal lands in the State of Utah for certain Utah State lands. Ratifies, confirms, and incorporates all provisions set forth in the "Agreement for Exchange of Lands 2002 Federal-Utah State Trust Lands Consolidation."Directs the Federal Government to share payments pursuant to the Agreement with the State of Utah as bonus bids, rental, and royalties are shared under the Mineral Leasing Act.

A bill to provide for the exchange of certain lands in Utah.

SECTION 1. RESTORATION OF TANF EMERGENCY CONTINGENCY FUND. (a) In General.--Section 403 of the Social Security Act (42 U.S.C. 603) is amended by adding at the end the following: ``(c) Emergency Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund which shall be known as the `Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs' (in this subsection referred to as the `Emergency Fund'). ``(2) Deposits into fund.-- ``(A) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2012, $10,000,000,000 for payment to the Emergency Fund. ``(B) Availability and use of funds.--The amounts appropriated to the Emergency Fund under subparagraph (A) shall remain available through fiscal year 2013 and shall be used to make grants to States in each of fiscal years 2012 and 2013 in accordance with the requirements of paragraph (3). ``(C) Limitation.--In no case may the Secretary make a grant from the Emergency Fund for a fiscal year after fiscal year 2013. ``(3) Grants.-- ``(A) Grant related to caseload increases.-- ``(i) In general.--For each calendar quarter in fiscal year 2012 or 2013, the Secretary shall make a grant from the Emergency Fund to each State that-- ``(I) requests a grant under this subparagraph for the quarter; and ``(II) meets the requirement of clause (ii) for the quarter. ``(ii) Caseload increase requirement.--A State meets the requirement of this clause for a quarter if the average monthly assistance caseload of the State for the quarter exceeds the average monthly assistance caseload of the State for the corresponding quarter in the emergency fund base year of the State. ``(iii) Amount of grant.--Subject to paragraph (5), the amount of the grant to be made to a State under this subparagraph for a quarter shall be an amount equal to 80 percent of the amount (if any) by which the total expenditures of the State for basic assistance (as defined by the Secretary) in the quarter, whether under the State program funded under this part or as qualified State expenditures, exceeds the total expenditures of the State for such assistance for the corresponding quarter in the emergency fund base year of the State. ``(B) Grant related to increased expenditures for non-recurrent short term benefits.-- ``(i) In general.--For each calendar quarter in fiscal year 2012 or 2013, the Secretary shall make a grant from the Emergency Fund to each State that-- ``(I) requests a grant under this subparagraph for the quarter; and ``(II) meets the requirement of clause (ii) for the quarter. ``(ii) Non-recurrent short term expenditure requirement.--A State meets the requirement of this clause for a quarter if the total expenditures of the State for non-recurrent short term benefits in the quarter, whether under the State program funded under this part or as qualified State expenditures, exceeds the total expenditures of the State for non- recurrent short term benefits in the corresponding quarter in the emergency fund base year of the State. ``(iii) Amount of grant.--Subject to paragraph (5), the amount of the grant to be made to a State under this subparagraph for a quarter shall be an amount equal to 80 percent of the excess described in clause (ii). ``(C) Grant related to increased expenditures for subsidized employment.-- ``(i) In general.--For each calendar quarter in fiscal year 2012 or 2013, the Secretary shall make a grant from the Emergency Fund to each State that-- ``(I) requests a grant under this subparagraph for the quarter; and ``(II) meets the requirement of clause (ii) for the quarter. ``(ii) Subsidized employment expenditure requirement.--A State meets the requirement of this clause for a quarter if the total expenditures of the State for subsidized employment in the quarter, whether under the State program funded under this part or as qualified State expenditures, exceeds the total such expenditures of the State in the corresponding quarter in the emergency fund base year of the State. ``(iii) Amount of grant.--Subject to paragraph (5), the amount of the grant to be made to a State under this subparagraph for a quarter shall be an amount equal to 80 percent of the excess described in clause (ii). ``(4) Authority to make necessary adjustments to data and collect needed data.--In determining the size of the caseload of a State and the expenditures of a State for basic assistance, non-recurrent short term benefits, and subsidized employment, during any period for which the State requests funds under this subsection, and during the emergency fund base year of the State, the Secretary may make appropriate adjustments to the data, on a State-by-State basis, to ensure that the data are comparable with respect to the groups of families served and the types of aid provided. The Secretary may develop a mechanism for collecting expenditure data, including procedures which allow States to make reasonable estimates, and may set deadlines for making revisions to the data. ``(5) Limitation.--The total amount payable to a single State under subsection (b) and this subsection for fiscal years 2012 and 2013 combined shall not exceed 50 percent of the annual State family assistance grant. ``(6) Limitations on use of funds.--A State to which an amount is paid under this subsection may use the amount only as authorized by section 404. ``(7) Timing of implementation.--The Secretary shall implement this subsection as quickly as reasonably possible, pursuant to appropriate guidance to States. ``(8) Application to indian tribes.--This subsection shall apply to an Indian tribe with an approved tribal family assistance plan under section 412 in the same manner as this subsection applies to a State. ``(9) Definitions.--In this subsection: ``(A) Average monthly assistance caseload defined.--The term `average monthly assistance caseload' means, with respect to a State and a quarter, the number of families receiving assistance during the quarter under the State program funded under this part or as qualified State expenditures, subject to adjustment under paragraph (4). ``(B) Emergency fund base year.-- ``(i) In general.--The term `emergency fund base year' means, with respect to a State and a category described in clause (ii), whichever of fiscal year 2009 or 2010 is the fiscal year in which the amount described by the category with respect to the State is the lesser. ``(ii) Categories described.--The categories described in this clause are the following: ``(I) The average monthly assistance caseload of the State. ``(II) The total expenditures of the State for non-recurrent short term benefits, whether under the State program funded under this part or as qualified State expenditures. ``(III) The total expenditures of the State for subsidized employment, whether under the State program funded under this part or as qualified State expenditures. ``(C) Qualified state expenditures.--The term `qualified State expenditures' has the meaning given the term in section 409(a)(7).''. (b) Modification of Caseload Reduction Credit.--Section 407(b)(3)(A)(i) of such Act (42 U.S.C. 607(b)(3)(A)(i)) is amended by inserting ``(or if the immediately preceding fiscal year is fiscal year 2011 or 2012, then, at State option, during the emergency fund base year of the State with respect to the average monthly assistance caseload of the State (within the meaning of section 403(c)(9)), except that, if a State elects such option for fiscal year 2011, the emergency fund base year of the State with respect to such caseload shall be fiscal year 2009))'' before ``under the State''. (c) Disregard From Limitation on Total Payments to Territories.-- Section 1108(a)(2) of such Act (42 U.S.C. 1308(a)(2)) is amended by inserting ``403(c)(3),'' after ``403(a)(5),''.

Amends title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to reestablish for FY2012-FY2013 the Emergency Contingency Fund for State Temporary Assistance for Needy Families Programs for the purpose of grants to states by the Secretary of the Treasury related to: (1) increases in TANF caseloads, (2) increased expenditures for non-recurrent short term benefits, and (3) increased expenditures for subsidized employment. Modifies for FY2011-FY2012 the formula for the pro rata reduction credit in the calculation of the minimum participation rate of all families of a state receiving TANF assistance for any reduction in such rate owing to caseload reductions not required by federal law and not resulting from changes in state eligibility criteria.

To restore the TANF Emergency Contingency Fund to further support our Nation's jobless workers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Care Agreements Rule Enhancement Act'' or the ``Veteran CARE Act''. SEC. 2. PURPOSE. The purpose of this Act is-- (1) to maintain the access of veterans to high-quality hospital care, medical services, and extended care if that care is not available directly from the Department of Veterans Affairs; (2) to continue to allow the use by the Department of agreements covered by the Federal Acquisition Regulation and agreements that are not covered by such regulation, similar to those agreements used under the original Medicare fee-for- service program (Medicare Parts A and B), if it is not practicable to contract for the care needed by veterans through an agreement covered by such regulation; (3) to address the fact that individual health care providers, especially smaller providers in rural areas, may not be willing to accept veterans as patients when doing so would require the significant time and administrative requirements in connection with entering into agreements with the Department that are covered by such regulation; (4) to address the deficiencies in current law regarding agreements entered into by the Department that have raised legal issues; and (5) to ensure that agreements that are not covered by such regulation include robust terms and conditions that address the quality of health care for veterans, oversight of the provision of such health care, and protections for taxpayers. SEC. 3. AUTHORIZATION OF AGREEMENTS BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS AND NON-DEPARTMENT HEALTH CARE PROVIDERS. (a) In General.--Subchapter I of chapter 17 of title 38, United States Code, is amended by adding after section 1703 the following new section: ``Sec. 1703A. Veterans Care Agreements with certain health care providers ``(a) Agreements To Furnish Care.--(1) If the Secretary is not feasibly able to furnish hospital care, medical services, or extended care under this chapter at facilities of the Department or under contracts or sharing agreements entered into under authorities other than this section, the Secretary may furnish such care and services by entering into agreements under this section with eligible providers that are certified under subsection (c). An agreement entered into under this section may be referred to as a `Veterans Care Agreement'. ``(2) The Secretary is not feasibly able to furnish care or services as described in paragraph (1) if the Secretary determines that the medical condition of the veteran, the travel involved, the nature of the care or services required, or a combination of those factors make the use of facilities of the Department, contracts, or sharing agreements impracticable or inadvisable. ``(3) Eligibility of a veteran under this section for the care or services described in paragraph (1) shall be determined as if such care or services were furnished in a facility of the Department and provisions of this title applicable to veterans receiving such care or services in a facility of the Department shall apply to veterans receiving such care or services under this section. ``(b) Eligible Providers.--For purposes of this section, an eligible provider is one of the following: ``(1) A provider of services that has enrolled and entered into a provider agreement under section 1866(a) of the Social Security Act (42 U.S.C. 1395cc(a)). ``(2) A physician or supplier that has enrolled and entered into a participation agreement under section 1842(h) of such Act (42 U.S.C. 1395u(h)). ``(3) A provider of items and services receiving payment under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or a waiver of such a plan. ``(4) A provider that is-- ``(A) an Aging and Disability Resource Center, an area agency on aging, or a State agency (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)); or ``(B) a center for independent living (as defined in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)). ``(5) Such other health care providers as the Secretary considers appropriate for purposes of this section. ``(c) Certification of Eligible Providers.--(1) The Secretary shall establish a process for the certification of eligible providers under this section that shall, at a minimum, set forth the following: ``(A) Procedures for the submittal of applications for certification and deadlines for actions taken by the Secretary with respect to such applications. ``(B) Standards and procedures for approval and denial of certification, duration of certification, revocation of certification, and recertification. ``(C) Procedures for assessing eligible providers based on the risk of fraud, waste, and abuse of such providers similar to the level of screening under section 1866(j)(2)(B) of the Social Security Act (42 U.S.C. 1395cc(j)(2)(B)) and the standards set forth under section 9.104 of title 48, Code of Federal Regulations, or any successor regulation. ``(2) The Secretary shall deny or revoke certification to an eligible provider under this subsection if the Secretary determines that the eligible provider is currently-- ``(A) excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))) under section 1128 or 1128A of the Social Security Act (42 U.S.C. 1320a-7 and 1320a-7a); or ``(B) identified as an excluded source on the list maintained in the System for Award Management, or any successor system. ``(d) Terms of Agreements.--Each agreement entered into with an eligible provider under this section shall include provisions requiring the eligible provider to do the following: ``(1) To accept payment for care and services furnished under this section at rates established by the Secretary for purposes of this section, which shall be, to the extent practicable, the rates paid by the United States for such care and services to providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). ``(2) To accept payment under paragraph (1) as payment in full for care and services furnished under this section and to not seek any payment for such care and services from the recipient of such care and services. ``(3) To furnish under this section only the care and services authorized by the Department under this section unless the eligible provider receives prior written consent from the Department to furnish care or services outside the scope of such authorization. ``(4) To bill the Department for care and services furnished under this section in accordance with a methodology established by the Secretary for purposes of this section. ``(5) Not to seek to recover or collect from a health-plan contract or third party, as those terms are defined in section 1729 of this title, for any care or services for which payment is made by the Department under this section. ``(6) To provide medical records for veterans furnished care or services under this section to the Department in a timeframe and format specified by the Secretary for purposes of this section. ``(7) To meet such other terms and conditions, including quality of care assurance standards, as the Secretary may specify for purposes of this section. ``(e) Termination of Agreements.--(1) An eligible provider may terminate an agreement with the Secretary under this section at such time and upon such notice to the Secretary as the Secretary may specify for purposes of this section. ``(2) The Secretary may terminate an agreement with an eligible provider under this section at such time and upon such notice to the eligible provider as the Secretary may specify for purposes of this section, if the Secretary-- ``(A) determines that the eligible provider failed to comply substantially with the provisions of the agreement or with the provisions of this section and the regulations prescribed thereunder; ``(B) determines that the eligible provider is-- ``(i) excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))) under section 1128 or 1128A of the Social Security Act (42 U.S.C. 1320a-7 and 1320a-7a); or ``(ii) identified as an excluded source on the list maintained in the System for Award Management, or any successor system; ``(C) ascertains that the eligible provider has been convicted of a felony or other serious offense under Federal or State law and determines that the continued participation of the eligible provider would be detrimental to the best interests of veterans or the Department; or ``(D) determines that it is reasonable to terminate the agreement based on the health care needs of a veteran or veterans. ``(f) Periodic Review of Certain Agreements.--(1) Not less frequently than once every two years, the Secretary shall review each Veterans Care Agreement of material size entered into during the two- year period preceding the review to determine whether it is feasible and advisable to furnish the hospital care, medical services, or extended care furnished under such agreement at facilities of the Department or through contracts or sharing agreements entered into under authorities other than this section. ``(2)(A) Subject to subparagraph (B), a Veterans Care Agreement is of material size as determined by the Secretary for purposes of this section. ``(B) A Veterans Care Agreement entered into after September 30, 2016, for the purchase of extended care services is of material size if the purchase of such services under the agreement exceeds $1,000,000 annually. The Secretary may adjust such amount to account for changes in the cost of health care based upon recognized health care market surveys and other available data and shall publish any such adjustments in the Federal Register. ``(g) Exclusion of Certain Federal Contracting Provisions.--(1) An agreement under this section may be entered into without regard to any law that would require the Secretary to use competitive procedures in selecting the party with which to enter into the agreement. ``(2)(A) Except as provided in subparagraph (B) and unless otherwise provided in this section or regulations prescribed pursuant to this section, an eligible provider that enters into an agreement under this section is not subject to, in the carrying out of the agreement, any law that providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) are not subject to. ``(B) An eligible provider that enters into an agreement under this section is subject to-- ``(i) all laws regarding integrity, ethics, fraud, or that subject a person to civil or criminal penalties; and ``(ii) all laws that protect against employment discrimination or that otherwise ensure equal employment opportunities. ``(h) Monitoring of Quality of Care.--The Secretary shall establish a system or systems, consistent with survey and certification procedures used by the Centers for Medicare & Medicaid Services and State survey agencies to the extent practicable-- ``(1) to monitor the quality of care and services furnished to veterans under this section; and ``(2) to assess the quality of care and services furnished by an eligible provider for purposes of determining whether to renew an agreement under this section with the eligible provider. ``(i) Dispute Resolution.--(1) The Secretary shall establish administrative procedures for eligible providers with which the Secretary has entered an agreement under this section to present any dispute arising under or related to the agreement. ``(2) Before using any dispute resolution mechanism under chapter 71 of title 41 with respect to a dispute arising under an agreement under this section, an eligible provider must first exhaust the administrative procedures established by the Secretary under paragraph (1).''. (b) Regulations.--The Secretary of Veterans Affairs shall prescribe an interim final rule to carry out section 1703A of such title, as added by subsection (a), not later than one year after the date of the enactment of this Act. (c) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item related to section 1703 the following new item: ``1703A. Veterans Care Agreements with certain health care providers.''. SEC. 4. MODIFICATION OF AUTHORITY TO ENTER INTO AGREEMENTS WITH STATE HOMES TO PROVIDE NURSING HOME CARE. (a) Use of Agreements.-- (1) In general.--Paragraph (1) of section 1745(a) of title 38, United States Code, is amended, in the matter preceding subparagraph (A), by striking ``a contract (or agreement under section 1720(c)(1) of this title)'' and inserting ``an agreement''. (2) Payment.--Paragraph (2) of such section is amended by striking ``contract (or agreement)'' each place it appears and inserting ``agreement''. (b) Exclusion of Certain Federal Contracting Provisions.--Such section is amended by adding at the end the following new paragraph: ``(4)(A) An agreement under this section may be entered into without regard to any law that would require the Secretary to use competitive procedures in selecting the party with which to enter into the agreement. ``(B)(i) Except as provided in clause (ii) and unless otherwise provided in this section or regulations prescribed pursuant to this section, a State home that enters into an agreement under this section is not subject to, in the carrying out of the agreement, any law that providers of services and suppliers under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) are not subject to. ``(ii) An eligible provider that enters into an agreement under this section is subject to-- ``(I) all laws regarding integrity, ethics, fraud, or that subject a person to civil or criminal penalties; and ``(II) all laws that protect against employment discrimination or that otherwise ensure equal employment opportunities.''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to agreements entered into under section 1745 of such title on and after the date on which the regulations prescribed by the Secretary of Veterans Affairs to implement such amendments take effect. (2) Publication.--The Secretary shall publish the date described in paragraph (1) in the Federal Register not later than 30 days before such date.

Veteran Care Agreements Rule Enhancement Act or Veteran CARE Act This bill authorizes the Department of Veterans Affairs (VA), if unable to furnish hospital care, medical services, or extended care at VA facilities or under other authorized contracts or sharing agreements, to enter into a Veterans Care Agreement with an eligible provider to furnish such care and services. The VA shall review agreements exceeding $1 million annually at least once every two years. The VA shall establish a process for the certification of eligible providers. An eligible provider is: a physician or provider of services that has entered into a provider agreement under the Social Security Act; a provider of items and services receiving payments under a state Medicaid plan; an aging and disability resource center, an area agency on aging, or a center for independent living; or any other health care provider the VA considers appropriate. The VA shall establish a system or systems to monitor the quality of care and services furnished to veterans, which shall be used in assessing whether to renew an agreement. An agreement may be made with a health care provider to provide veterans with nursing home care.

Veteran CARE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Sexual Trauma Treatment Act''. SEC. 2. COUNSELING AND TREATMENT FOR VETERANS WHO HAVE EXPERIENCED SEXUAL TRAUMA. (a) Duration of Program.--Section 1720D of title 38, United States Code, is amended in subsection (a)-- (1) in paragraph (1), by striking ``During the period through December 31, 2001, the'' and inserting ``The''; (2) in paragraph (2), by striking ``During the period referred to in paragraph (1), the'' and inserting ``The''; and (3) in paragraph (3), by striking ``, during the period through December 31, 2001,''. (b) Mandatory Nature of Program.--Subsection (a) of such section is further amended in paragraphs (1) and (2) by striking ``may'' and inserting ``shall''. (c) Provision of Treatment for Sexual Trauma.--Such subsection is further amended in paragraphs (1) and (3) by inserting ``and treatment'' after ``counseling'' each place it appears. (d) Determinations To Be Made by Mental Health Professionals.--Such subsection is further amended in paragraph (1) by striking ``the Secretary determines'' and inserting ``a mental health professional employed by the Department determines''. (e) Outreach Efforts.--Subsection (c) of such section is amended-- (1) by inserting ``and treatment'' in the first sentence and in paragraph (2) after ``counseling''; (2) by striking ``and'' at the end of paragraph (1); (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following new paragraph (2): ``(2) shall ensure that information about the counseling and treatment available to veterans under this section (which information shall be revised and updated not less often than every two years)-- ``(A) is made available and visibly posted at each facility of the Department; and ``(B) is advertised through public service announcements, pamphlets, billboards, and other appropriate means of communication; and''. (f) Persons Eligible for Counseling and Treatment.--Such section is further amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): ``(d)(1) A veteran shall be eligible for counseling and treatment under this section without regard to the provisions of section 5303A of this title. ``(2) An individual who is a member of a reserve component shall be eligible for counseling and treatment under this section in the same manner as a veteran and without regard to the provisions of section 5303A of this title. ``(3) An individual who is a former member of a reserve component (but who is not a veteran within the meaning of section 101 of this title) and who was discharged or released from service as a member of a reserve component under conditions other than dishonorable shall be eligible for counseling and treatment under this section in the same manner as a veteran and without regard to the provisions of section 5303A of this title.''. (g) Oversight of Outreach Activities.--Not later than four months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete the design and updating of public service announcements, pamphlets, billboards, and other appropriate means of communication as required for implementation of paragraph (2) of section 1720D(c) of title 38, United States Code, as added by subsection (e)(3). Not later than six months after that date, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives examples of the documents and other means of communication developed for compliance with that paragraph. (h) Report on Implementation of Sexual Trauma Treatment Program.-- Not later than 14 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the use made of the authority provided under section 1720D of title 38, United States Code, as amended by this section. The report shall include the following with respect to activities under such section 1720D since the enactment of such section 1720D: (1) The number of persons who have sought counseling under such section 1720D. (2) The number of veterans who have received counseling under such section. (3) The number of veterans who have been referred to non- Department mental health facilities and providers in connection with sexual trauma counseling and treatment. (4) The number of veterans who have been determined by the Secretary to have a service-connected disease or disability resulting from sexual trauma. SEC. 3. REPORT ON EFFORTS TO PROVIDE VETERANS WITH INFORMATION CONCERNING SEXUAL TRAUMA COUNSELING AND TREATMENT SERVICES. (a) Report Required.--Not later than 14 months after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall submit to the congressional committees specified in subsection (b) a joint report describing in detail the collaborative efforts of the Department of Veterans Affairs and the Department of Defense to ensure that members of the Armed Forces, upon separation from active military, naval, or air service, are provided appropriate and current information about programs of the Department of Veterans Affairs to provide counseling and treatment for sexual trauma that may have been experienced by those members while in the active military, naval, or air service, including information about eligibility requirements for, and procedures for applying for, such counseling and treatment. The report shall include proposed recommendations from both the Secretary of Veterans Affairs and the Secretary of Defense for the improvement of their collaborative efforts to provide such information. (b) Specified Committees.--The committees referred to in subsection (a) are the following: (1) The Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives. (2) The Committee on Veterans' Affairs and the Committee on Armed Services of the Senate.

Veterans Sexual Trauma Treatment Act - Makes permanent a program to require the Secretary of Veterans Affairs to provide counseling to veterans to overcome psychological trauma which resulted from a physical assault or battery of a sexual nature, or from sexual harassment, which occurred during active miliary service (under current law the program authorizing such counseling expires in 2001). Allows such program to include appropriate treatment. Requires a Department of Veterans Affairs mental health professional (currently, the Secretary) to determine when such counseling and treatment is necessary. Requires the dissemination of information concerning the availability of such services to affected veterans. Includes as eligible for such care and services certain current and former reserve personnel. Directs the Secretary to: (1) complete the design and updating of public service announcements and other appropriate means of communication concerning the availability of such services and to submit to the congressional veterans' committees examples of such communications; and (2) report to such committees on program implementation. Requires the Secretary and the Secretary of Defense to report jointly to the congressional veterans' and defense committees describing their collaborative efforts to ensure that military personnel are informed upon their separation from service about sexual trauma counseling and treatment programs available through the Department.

Veterans Sexual Trauma Treatment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reserve Employer Tax Credit Act of 2001''. SEC. 2. TAX CREDIT FOR RESERVE FORCES PARTICIPATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45E. RESERVE FORCE PARTICIPATION CREDIT. ``(a) General Rule.--For purposes of section 38, the reserve force participation credit determined under this section is an amount equal to the sum of-- ``(1) the employment credit with respect to all qualified employees of the taxpayer, plus ``(2) the self-employment credit of a qualified self- employed taxpayer. ``(b) Employment Credit.--For purposes of this section-- ``(1) In general.--The employment credit with respect to a qualified employee of the taxpayer for any taxable year is equal to 50 percent of the amount of qualified compensation that would have been paid to the employee with respect to all periods during which the employee participates in qualified reserve duty to the exclusion of normal employment duties, including time spent in a travel status had the employee not been participating in qualified reserve duty. The employment credit, with respect to all qualified employees, is equal to the sum of the employment credits for each qualified employee under this subsection. ``(2) Qualified compensation.--When used with respect to the compensation paid or that would have been paid to a qualified employee for any period during which the employee participates in qualified reserve duty, the term `qualified compensation' means compensation-- ``(A) which is normally contingent on the employee's presence for work and which would be deductible from the taxpayer's gross income under section 162(a)(1) if the employee were present and receiving such compensation, and ``(B) which is not characterized by the taxpayer as vacation or holiday pay, or as sick leave or pay, or as any other form of pay for a nonspecific leave of absence, and with respect to which the number of days the employee participates in qualified reserve duty does not result in any reduction in the amount of vacation time, sick leave, or other nonspecific leave previously credited to or earned by the employee. ``(3) Qualified employee.--The term `qualified employee' means a person who-- ``(A) has been an employee of the taxpayer for the 21-day period immediately preceding the period during which the employee participates in qualified reserve duty, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as defined in sections 10142 and 10101 of title 10, United States Code. ``(c) Self-Employment Credit.-- ``(1) In general.--The self-employment credit of a qualified self-employed taxpayer for any taxable year is equal to 50 percent of the excess, if any, of-- ``(A) the self-employed taxpayer's average daily self-employment income for the taxable year over ``(B) the average daily military pay and allowances received by the taxpayer during the taxable year, while participating in qualified reserve duty to the exclusion of the taxpayer's normal self-employment duties for the number of days the taxpayer participates in qualified reserve duty during the taxable year, including time spent in a travel status. ``(2) Average daily self-employment income and average daily military pay and allowances.--As used with respect to a self-employed taxpayer-- ``(A) the term `average daily self-employment income' means the self-employment income (as defined in section 1402) of the taxpayer for the taxable year divided by the difference between-- ``(i) 365, and ``(ii) the number of days the taxpayer participates in qualified reserve duty during the taxable year, including time spent in a travel status, and ``(B) the term `average daily military pay and allowances' means-- ``(i) the amount paid to the taxpayer during the taxable year as military pay and allowances on account of the taxpayer's participation in qualified reserve duty, divided by ``(ii) the total number of days the taxpayer participates in qualified reserve duty, including time spent in travel status. ``(3) Qualified self-employed taxpayer.--The term `qualified self-employed taxpayer' means a taxpayer who-- ``(A) has net earnings from self-employment (as defined in section 1402) for the taxable year, and ``(B) is a member of the Ready Reserve of a reserve component of an Armed Force of the United States. ``(d) Credit In Addition to Deduction.--The employment credit provided in this section is in addition to any deduction otherwise allowable with respect to compensation actually paid to a qualified employee during any period the employee participates in qualified reserve duty to the exclusion of normal employment duties. ``(e) Limitations.-- ``(1) Maximum credit.-- ``(A) In general.--The credit allowed by subsection (a) for the taxable year-- ``(i) shall not exceed $7,500 in the aggregate, and ``(ii) shall not exceed $2,000 with respect to each qualified employee. ``(B) Controlled groups.--For purposes of applying the limitations in subparagraph (A)-- ``(i) all members of a controlled group shall be treated as one taxpayer, and ``(ii) such limitations shall be allocated among the members of such group in such manner as the Secretary may prescribe. For purposes of this subparagraph, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as members of a controlled group. ``(2) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) to a taxpayer for-- ``(A) any taxable year in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(B) the two succeeding taxable years. ``(3) Disallowance with respect to persons ordered to active duty for training.--No credit shall be allowed under subsection (a) to a taxpayer with respect to any period for which the person on whose behalf the credit would otherwise be allowable is called or ordered to active duty for any of the following types of duty: ``(A) active duty for training under any provision of title 10, United States Code, ``(B) training at encampments, maneuvers, outdoor target practice, or other exercises under chapter 5 of title 32, United States Code, or ``(C) full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code. ``(f) General Definitions and Special Rules.-- ``(1) Military pay and allowances.--The term `military pay' means pay as that term is defined in section 101(21) of title 37, United States Code, and the term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of that title. ``(2) Qualified reserve duty.--The term `qualified reserve duty' includes only active duty performed, as designated in the reservist's military orders, in support of a contingency operation as defined in section 101(a)(13) of title 10, United States Code. ``(3) Normal employment and self-employment duties.--A person shall be deemed to be participating in qualified reserve duty to the exclusion of normal employment or self-employment duties if the person does not engage in or undertake any substantial activity related to the person's normal employment or self-employment duties while participating in qualified reserve duty unless in an authorized leave status or other authorized absence from military duties. If a person engages in or undertakes any substantial activity related to the person's normal employment or self-employment duties at any time while participating in a period of qualified reserve duty, unless during a period of authorized leave or other authorized absence from military duties, the person shall be deemed to have engaged in or undertaken such activity for the entire period of qualified reserve duty. ``(4) Certain rules to apply.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply for purposes of this section.'' (b) Conforming Amendment.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit) is amended-- (1) by striking ``plus'' at the end of paragraph (12), (2) by striking the period at the end of paragraph (13) and inserting ``, plus'', and (3) by adding at the end the following new paragraph: ``(14) the reserve force participation credit determined under section 45E(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45D the following new item: ``Sec. 45E. Reserve force participation credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the calendar year which includes the date of the enactment of this Act. SEC. 3. DEDUCTION OF CERTAIN EXPENSES PAID OR INCURRED BY MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES. (a) In General.--Paragraph (2) of section 62(a) of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by adding at the end the following new subparagraph: ``(D) Certain expenses of members of reserve components of the armed forces of the united states.-- The deductions allowed by part VI (section 161 and following) which consist of-- ``(i) expenses of travel, meals, and lodging while away from home, and ``(ii) expenses of transportation, paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a Reserve component of the Armed Forces (as defined in section 10101 of title 10, United States Code).''. (b) Two Percent Floor on Itemized Deductions Not To Apply.-- Subsection (b) of section 67 of such Code is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) the deductions under part VI (section 161 and following) for expenses paid or incurred by the taxpayer in connection with the performance of services by such taxpayer as a member of a Reserve component of the Armed Forces (as defined in section 10101 of title 10, United States Code).''. (c) 50-Percent Ceiling on Deduction for Meal and Entertainment, Etc., Expenses Not To Apply.--Paragraph (2) of section 274(n) of such Code is amended by striking ``or'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, or'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) any expense in connection with the performance of services by the taxpayer as a member of a Reserve component of the Armed Forces (as defined in section 10101 of title 10, United States Code).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the calendar year which includes the date of the enactment of this Act.

Reserve Employer Tax Credit Act of 2001 - Amends the Internal Revenue Code to provide: (1) employers a business tax credit for a portion of compensation that was not paid with respect to members of the military reserves who were absent from work on qualified reserve duty; (2) a comparable credit for participating self-employed individuals; and (3) for the deduction of certain expenses paid or incurred by members of a Reserve component of the armed forces.

To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax with respect to employees who participate in the military reserves, to allow a comparable credit for participating self-employed individuals, and to restore the pre-1986 status of deductions incurred in connection with services performed as a member of a Reserve component of the Armed Forces.

SECTION 1. SCHOOL DISCIPLINE AND TEACHER LIABILITY PROTECTION. (a) In General.--The Elementary and Secondary Education Act of 1965 (20 U.S.C 6301 et seq.) is amended by adding at the end the following: ``TITLE XV--SCHOOL DISCIPLINE AND TEACHER LIABILITY PROTECTION ``SEC. 15001. SHORT TITLE. ``This title may be cited as the `Teacher Protection Act of 2001'. ``SEC. 15002. PURPOSE. ``The purpose of this title is to provide teachers, principals and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline, and an appropriate educational environment. ``SEC. 15003. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. ``(a) Preemption.--This title preempts the laws of any State to the extent that such laws are inconsistent with this title, except that this title shall not preempt any State law that provides additional protection from liability relating to teachers. ``(b) Election of State Regarding Nonapplicability.--This title shall not apply to any civil action in a State court against a teacher in which all parties are citizens of the State if such State enacts a statute in accordance with State requirements for enacting legislation-- ``(1) citing the authority of this subsection; ``(2) declaring the election of such State that this title shall not apply, as of a date certain, to such civil action in the State; and ``(3) containing no other provisions. ``SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS. ``(a) Liability Protection for Teachers.--Except as provided in subsections (b) and (c), no teacher in a school shall be liable for harm caused by an act or omission of the teacher on behalf of the school if-- ``(1) the teacher was acting within the scope of the teacher's employment or responsibilities related to providing educational services; ``(2) the actions of the teacher were carried out in conformity with local, State, or Federal laws, rules or regulations in furtherance of efforts to control, discipline, expel, or suspend a student or maintain order or control in the classroom or school; ``(3) if appropriate or required, the teacher was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the teacher's responsibilities; ``(4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the teacher; and ``(5) the harm was not caused by the teacher operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to-- ``(A) possess an operator's license; or ``(B) maintain insurance. ``(b) Concerning Responsibility of Teachers to Schools and Governmental Entities.--Nothing in this section shall be construed to affect any civil action brought by any school or any governmental entity against any teacher of such school. ``(c) Exceptions to Teacher Liability Protection.--If the laws of a State limit teacher liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section: ``(1) A State law that requires a school or governmental entity to adhere to risk management procedures, including mandatory training of teachers. ``(2) A State law that makes the school or governmental entity liable for the acts or omissions of its teachers to the same extent as an employer is liable for the acts or omissions of its employees. ``(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. ``(d) Limitation on Punitive Damages Based on the Actions of Teachers.-- ``(1) General rule.--Punitive damages may not be awarded against a teacher in an action brought for harm based on the action of a teacher acting within the scope of the teacher's responsibilities to a school or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such teacher which constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed. ``(2) Construction.--Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages. ``(e) Exceptions to Limitations on Liability.-- ``(1) In general.--The limitations on the liability of a teacher under this title shall not apply to any misconduct that-- ``(A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18, United States Code) for which the defendant has been convicted in any court; ``(B) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; ``(C) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or ``(D) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct. ``(2) Rule of construction.--Nothing in this subsection shall be construed to effect subsection (a)(3) or (d). ``SEC. 15005. DEFINITIONS. ``For purposes of this title: ``(1) Economic loss.--The term `economic loss' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. ``(2) Harm.--The term `harm' includes physical, nonphysical, economic, and noneconomic losses. ``(3) Noneconomic losses.--The term `noneconomic losses' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. ``(4) School.--The term `school' means a public or private kindergarten, a public or private elementary school or secondary school (as defined in section 14101, or a home school. ``(5) State.--The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. ``(6) Teacher.--The term `teacher' means a teacher, instructor, principal, administrator, or other educational professional that works in a school, a local school board and any member of such board, and a local educational agency and any employee of such agency.''. (b) Effective Date.-- (1) In general.--Title XV of the Elementary and Secondary Education Act of 1965, as added by subsection (a), shall take effect 90 days after the date of the enactment of this Act. (2) Application.--Title XV of the Elementary and Secondary Education Act of 1965, as added by subsection (a), applies to any claim for harm caused by an act or omission of a teacher if that claim is filed on or after the effective date specified in paragraph (1), without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective date.

Teacher Protection Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a new title XV, School Discipline and Teacher Liability Protection.Preempts State law except where it provides additional protection of teachers from liability. Makes this Act inapplicable to any civil action in State court against a teacher in which all parties are citizens of the State, if it enacts a statute electing that this Act not apply.Provides that no teacher in a school shall be liable, with specified exceptions, for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services, and if certain other conditions are met. Limits punitive damages.

To amend the Elementary and Secondary Education Act of 1965 to provide teachers, principals, and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline, and an appropriate educational environment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Tobacco Sales to Youth Act of 2015''. SEC. 2. FINDINGS. The Congress finds the following: (1) Tobacco products cause numerous serious diseases, including cancer, heart disease, and respiratory disease, and they contain nicotine, a highly addictive substance. (2) According to the Surgeon General of the United States, adolescents are particularly vulnerable to the adverse effects of nicotine, and adolescent exposure to nicotine may have lasting adverse consequences for brain development. (3) Youth use of electronic cigarettes and hookah (water pipe) has risen according to the National Youth Tobacco Survey released by the Centers for Disease Control and Prevention, and the Food and Drug Administration, in April 2015. (4) Current use of electronic cigarettes among high school students tripled from 4.5 percent in 2013 to 13.4 percent in 2014 (compared to 1.5 percent in 2011); approximately 2,000,000 high school students currently use these products. (5) Current use of electronic cigarettes among middle school students tripled from 1.1 percent in 2013 to 3.9 percent in 2014; approximately 450,000 middle school students currently use these products. (6) Current use of hookah among high school students increased from 4.1 percent in 2011 to 9.4 percent in 2014. (7) Current use of cigars among high school students was 8.2 percent in 2014 (1,200,000 students). Current use of cigars among high school boys was 10.8 percent, about the same rate at which they smoke cigarettes (10.6 percent). (8) The sale of electronic cigarettes, cigars, hookah, and other tobacco products over the Internet, and through mail, fax, or phone orders, makes it cheaper and easier for children to obtain these products. (9) Electronic cigarettes are being marketed in ways that appeal to youth, in the form of advertising using images that appeal to youth, advertisements on television and the Internet, and sponsorships of events popular with youth, such as concerts and sporting events. (10) According to a study published in March 2015 in the Journal of the American Medical Association Pediatrics, 93.7 percent of youth participating in a study of Internet electronic cigarette sales successfully purchased electronic cigarettes because the Web sites lacked adequate age- verification methods. SEC. 3. AMENDMENTS. Section 1 of the Act of October 19, 1949 (15 U.S.C. 375); commonly referred to as the ``Jenkins Act''), is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) in clause (i) by striking ``and'' at the end, (ii) in clause (ii) by striking the period at the end and inserting ``; and'', and (iii) by adding at the end the following: ``(iii) includes electronic cigarettes.'', and (B) in subparagraph (B)-- (i) in the heading by striking ``Exception'' and inserting ``Inclusions'', (ii) by striking ``does not include'' and inserting ``includes'', and (iii) by inserting ``and pipe tobacco (as defined in section 5702 of the Internal Revenue Code of 1986)'' before the period at the end, and (2) by inserting after paragraph (6) the following: ``(6A) Electronic cigarette.--The term `electronic cigarette' means any electronic device that delivers nicotine, flavor, or other substance via an aerosolized solution (including an electronic cigarette, cigar, pipe, or hookah) to the user inhaling from the device (including any component, liquid, part, or accessory of such a device whether or not sold separately) but excludes product that-- ``(A) is approved by the Food and Drug Administration for sale as a tobacco cessation product or for another therapeutic purpose; and ``(B) is marketed and sold solely for a purpose approved as described in subparagraph (A).''. SEC. 4. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL MATTERS. (a) In General.--Nothing in this Act or the amendments made by this Act shall be construed to amend, modify, or otherwise affect-- (1) any agreements, compacts, or other intergovernmental arrangements between any State or local government and any government of an Indian tribe (as that term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))) relating to the collection of taxes on cigarettes or smokeless tobacco sold in Indian country; (2) any State laws that authorize or otherwise pertain to any such intergovernmental arrangements or create special rules or procedures for the collection of State, local, or tribal taxes on cigarettes or smokeless tobacco sold in Indian country; (3) any limitations under Federal or State law, including Federal common law and treaties, on State, local, and tribal tax and regulatory authority with respect to the sale, use, or distribution of cigarettes and smokeless tobacco by or to Indian tribes, tribal members, tribal enterprises, or in Indian country; (4) any Federal law, including Federal common law and treaties, regarding State jurisdiction, or lack thereof, over any tribe, tribal members, tribal enterprises, tribal reservations, or other lands held by the United States in trust for one or more Indian tribes; or (5) any State or local government authority to bring enforcement actions against persons located in Indian country. (b) Coordination of Law Enforcement.--Nothing in this Act or the amendments made by this Act shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by one or more States or other jurisdictions, including Indian tribes, through interstate compact or otherwise, that-- (1) provides for the administration of tobacco product laws or laws pertaining to interstate sales or other sales of tobacco products; (2) provides for the seizure of tobacco products or other property related to a violation of such laws; or (3) establishes cooperative programs for the administration of such laws. (c) Treatment of State and Local Governments.--Nothing in this Act or the amendments made by this Act shall be construed to authorize, deputize, or commission States or local governments as instrumentalities of the United States. (d) Enforcement Within Indian Country.--Nothing in this Act or the amendments made by this Act shall prohibit, limit, or restrict enforcement by the Attorney General of the United States of this Act or an amendment made by this Act within Indian country. (e) Ambiguity.--Any ambiguity between the language of this section or its application and any other provision of this Act shall be resolved in favor of this section. (f) Definitions.--In this section-- (1) the term ``Indian country'' has the meaning given that term in section 1 of the Act of October 19, 1949 (15 U.S.C. 375; commonly referred to as the ``Jenkins Act''), as amended by this Act; and (2) the term ``tribal enterprise'' means any business enterprise, regardless of whether incorporated or unincorporated under Federal or tribal law, of an Indian tribe or group of Indian tribes. SEC. 5. SEVERABILITY. If any provision of this Act, or any amendment made by this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act and the application of the Act to any other person or circumstance shall not be affected thereby. SEC. 6. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect 90 days after the date of the enactment of this Act.

Stop Tobacco Sales to Youth Act of 2015 Amends the Jenkins Act to include within the definition of "cigarette" electronic cigarettes, cigars, and pipe tobacco. Defines "electronic cigarette" to mean any electronic device that delivers nicotine, flavor, or other substance via an aerosolized solution (including an electronic cigarette, cigar, pipe, or hookah) to the user inhaling from the device, excluding any product that: (1) is approved by the Food and Drug Administration for sale as a tobacco cessation product or for another therapeutic purpose, and (2) is marketed and sold solely for such a therapeutic purpose. Makes specified exceptions with respect to Indian tribes and tribal matters.

Stop Tobacco Sales to Youth Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Equipment Safety and Responsibility Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) Promoting safety on our Nation's highways is a national priority. The Department of Transportation has promulgated the Federal Motor Carrier Safety Regulations to further this purpose. The systematic maintenance, repair, and inspection of equipment traveling in interstate commerce are an integral part of the safety regime. (2) Intermodal transportation plays a significant role in expanding our Nation's commerce. The Nation's economy depends heavily upon the ability to transport goods via the various modes of transportation. (3) Motor carriers and their drivers often receive trailers, chassis, containers and other pieces of intermodal equipment to be transported in interstate commerce. Motor carriers do not, however, possess the requisite level of control or authority over this intermodal equipment to perform the systematic maintenance, repair and inspection necessary to ensure compliance with the Federal Motor Carrier Safety Regulations and to ensure the safety of our Nation's highways. (4) As a result of roadside inspections, motor carriers and their drivers are cited and fined for violations of the Federal Motor Carrier Safety Regulations attributable to intermodal equipment that motor carriers and their drivers neither systematically maintain nor have the opportunity to systematically maintain. Additionally, violations of the Federal Motor Carrier Safety Regulations attributable to intermodal equipment are assigned to the motor carrier's safety record. Congress should exercise its power to ensure that only those parties who control the equipment, thus having the opportunity and authority to systematically maintain, repair and inspect intermodal equipment, assume responsibility for the safety of that equipment as it travels in interstate commerce. SEC. 3. DEFINITIONS. Section 5901 of title 49, United States Code, is amended by adding at the end the following: ``(9) Motor carrier.--The term `motor carrier' means a person providing motor vehicle transportation for compensation or a motor private carrier as that term is defined in chapter 131 of this title. ``(10) Equipment.--The term `equipment' means equipment commonly used in the road transport of intermodal freight, including trailers, chassis, containers and associated devices, and used as an instrumentality of foreign or interstate commerce. ``(11) Equipment interchange agreement.--The term `equipment interchange agreement' means a written document executed by an equipment controller or its agent and a motor carrier which establishes the responsibilities and liabilities of both parties as they relate to the interchange of the equipment. ``(12) Equipment controller.--The term `equipment controller' means any party with any legal right, title, or interest in the equipment, except that a motor carrier is not an equipment controller only because of providing or arranging for any part of the intermodal transportation of the equipment. In no instance shall a motor carrier who has not been contractually delegated responsibility for systematic maintenance and repair of equipment be considered a controller of that equipment. ``(13) Interchange.--The term `interchange' means the act of providing equipment to a motor carrier for the purpose of transporting the equipment for loading or unloading by any party or repositioning the equipment for the benefit of the equipment controller. Such term does not mean the leasing of equipment to a motor carrier for use in the motor carrier's over-the-road freight hauling operations. ``(14) Federal motor carrier safety regulations.--The term `Federal Motor Carrier Safety Regulations' means the regulations promulgated by the United States Department of Transportation governing the condition and maintenance of commercial motor vehicles as set forth in title 49 of the Code of Federal Regulations.''. SEC. 4. JURISDICTION OVER EQUIPMENT CONTROLLERS. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5910. Jurisdiction over equipment controller ``The authority of the Secretary of Transportation to prescribe regulations on commercial motor vehicle safety under section 31136 shall apply to controllers of equipment that is interchanged or intended to be interchanged.''. SEC. 5. EQUIPMENT CONTROLLER RESPONSIBILITY. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5911. Equipment inspection, repair, and maintenance ``(a) Notwithstanding any provision in an equipment interchange agreement to the contrary, an equipment controller shall be responsible and held liable for the systematic inspection, maintenance, and repair of equipment interchanged or intended for interchange. An equipment controller shall, each time prior to offering a motor carrier agent the equipment for interchange, inspect the equipment and provide such maintenance on, and make such repairs to, the equipment to ensure such equipment complies with all applicable Federal Motor Carrier Safety Regulations at all times. At no time shall a motor carrier agent be offered equipment that has not been inspected and repaired as necessary to comply with such regulations. ``(b) In the event that a repair to the equipment interchanged is required while in a motor carrier's possession in order to comply with the Federal Motor Carrier Safety Regulations, the equipment controller shall promptly reimburse the motor carrier for the actual expenses incurred and time spent by the motor carrier for the necessary repair. ``(c) The equipment controller shall not be liable under subsection (b) if the motor carrier's negligence or willful misconduct caused the condition requiring repair under subsection (b).''. SEC. 6. SAFETY COMPLIANCE. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5912. Compliance with safety regulations ``(a) Equipment Controller Liability.--Notwithstanding any provision in an equipment interchange agreement to the contrary, the equipment controller shall be liable for all violations of the Federal Motor Carrier Safety Regulations attributable to the controller's equipment and shall pay any applicable fines, penalties, and damages resulting from the equipment's violation of such regulations; except that the equipment controller shall not be liable for violations of such regulations attributable to the controller's equipment that are proximately caused by the motor carrier's or motor carrier's agent's negligence or willful misconduct. ``(b) Motor Carrier's Limited Liability.--Except as provided in subsection (a), a motor carrier and any motor carrier agent who receives equipment through interchange shall not be liable for any violation of the Federal Motor Carrier Safety Regulations attributable to that equipment. ``(c) Limitation on Effect.--No record or report of a violation of the Federal Motor Carrier Safety Regulations, whether issued by a Federal, State, or local law enforcement authority, attributable to equipment interchanged shall have any effect on a motor carrier's overall safety rating or safety status measurement system score, as determined by the Federal Motor Carrier Safety Administration, or on a motor carrier's agent's driving record unless such violation was proximately caused by the motor carrier's or motor carrier's agent's negligence or willful misconduct. ``(d) Procedure for Records Corrections.--The Secretary of Transportation shall establish, within 6 months of the date of enactment of this section, an expedited procedure to correct records or reports of violations that should not have impacted a motor carrier or a motor carrier agent under subsection (c).''. SEC. 7. AUTHORITY TO INSPECT. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5913. Authority to inspect ``(a) The Secretary of Transportation is authorized to enter into the facility of an equipment controller to inspect and determine if equipment intended to be interchanged for use on a public highway complies with all applicable Federal Motor Carrier Safety Regulations. ``(b) The Secretary shall establish and implement with appropriate staffing an inspection and audit program at facilities of equipment controllers to determine the compliance of equipment intended to be interchanged for use on a public highway with the Federal Motor Carrier Safety Regulations. Inspection of equipment and the equipment's corresponding maintenance records shall take place no less than once every 3 months. ``(c) Equipment that fails to comply with the Federal Motor Carrier Safety Regulations during the inspection in subsection (b) shall be placed out of service and shall not be used on a public highway until such time as repairs have been completed. Repairs of equipment placed out of service shall be documented in the equipment's corresponding maintenance records. ``(d) The Secretary may establish fines against equipment controllers for violations of section 5911.''. SEC. 8. PENALTIES FOR RETALIATION. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5914. Penalties for retaliation ``(a) An equipment controller shall not take any action to threaten, coerce, discipline, discriminate, or otherwise retaliate against a motor carrier or motor carrier agent who requests maintenance or repair of equipment intended for interchange in order to comply with the Federal Motor Carrier Safety Regulations. ``(b) For purposes of this section, `retaliation' shall include, but not be limited to, failing to provide compliant equipment within 60 minutes from the time an agent for a motor carrier that has been requested to pick up equipment arrives to pick up such equipment. ``(c) An equipment controller who violates subsection (a) shall be liable to the United States Government for a civil penalty of up to $10,000 for each violation.''. SEC. 9. DELEGATION OF MAINTENANCE RESPONSIBILITY. Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5915. Maintenance responsibility ``An equipment controller is prohibited from delegating its responsibility to systematically maintain and repair equipment intended for interchange to a motor carrier or motor carrier agent in an equipment interchange agreement.''. SEC. 10. COMPATIBILITY OF STATE LAWS. (a) In General.--Chapter 59 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5916. Compatibility of State laws ``(a) Except as provided in subsection (b) and unless authorized by another law of the United States, a law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe is preempted if complying with a requirement of the State, political subdivision, or tribe and a requirement of this chapter or a regulation prescribed under this chapter is not possible. ``(b) A law, regulation, order, or other requirement of a State, political subdivision of a State, or Indian tribe shall remain in effect if compatible with this chapter or any regulations prescribed under this chapter but more stringent.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``5910. Jurisdiction over equipment controller. ``5911. Equipment inspection, repair, and maintenance. ``5912. Compliance with safety regulations. ``5913. Authority to inspect. ``5914. Penalties for retaliation. ``5915. Maintenance responsibility. ``5916. Compatibility of State laws.''. SEC. 11. IMPLEMENTING REGULATIONS. (a) Federal Regulations.--The Secretary of Transportation, after notice and opportunity for comment, shall issue regulations, as appropriate, implementing the provisions of this Act. The regulations shall be issued as part of the Federal Motor Carrier Safety Regulations. The implementing regulations shall include provisions to-- (1) identify controllers of equipment interchanged or intended for interchange; (2) match such equipment readily to its controller through a unique identifying number; (3) ensure that each equipment controller maintains a system of maintenance and repair records; (4) evaluate equipment controllers' compliance with the Federal Motor Carrier Safety Regulations; (5) prohibit equipment controllers who fail to attain satisfactory compliance with such regulations from authorizing the placement of equipment on the public highways; (6) consider the effect that adequate maintenance facilities may have on the resulting safe condition of equipment; (7) provide for a process by which motor carriers and agents may anonymously petition the Federal Motor Carrier Safety Administration to undertake an investigation of a noncompliant equipment controller; (8) establish administrative procedures to resolve disputes arising under this Act, including the amendments made by this Act; and (9) establish the inspection and audit program 5913(b) of title 49, United States Code. (b) Deadlines.--The regulations required under subsection (a) shall be developed pursuant to a rulemaking proceeding initiated within 120 days after the date of enactment of this Act and shall be issued not later than one year after such date of enactment. Effective on the date of enactment of this Act, and until such time as final regulations are issued, no motor carrier or motor carrier agent may be issued a citation for violations on equipment interchanged (as defined in section 5901 of title 49, United States Code) to them except by the provisions of this Act. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $7,000,000 for each of fiscal years 2004, 2005, 2006, 2007, and 2008 to the Federal Motor Carrier Safety Administration for the establishment and implementation of the inspection program under section 5913 of title 49, United States Code. SEC. 13. EFFECTIVE DATE. Sections 3, 4, 5, 6, 7, 8, 9, and 10 of this Act shall be effective 30 days after the date of enactment of this Act.

Intermodal Equipment Safety and Responsibility Act of 2003 - Subjects an equipment controller to liability for the systematic inspection, maintenance, and repair of equipment interchanged or intended for interchange. Requires an equipment controller: (1) prior to offering a motor carrier agent the equipment for interchange, to inspect the equipment and perform maintenance and repairs to the equipment to ensure that it complies with all applicable Federal Motor Carrier Safety Regulations; and (2) to promptly reimburse the motor carrier for actual expenses incurred and time spent by the motor carrier for any repair required to interchanged equipment to comply with the Regulations while in a motor carrier's possession. Makes an equipment controller liable for all violations of the Regulations attributable to the controller's equipment. Directs the controller to pay any applicable fines, penalties, and damages resulting from such violations, except for violations attributable to the controller's equipment that are proximately caused by the motor carrier's negligence or willful misconduct. Authorizes the Secretary of Transportation to conduct inspections. Prohibits an equipment controller from: (1) retaliating against a motor carrier who requests maintenance or repair of equipment intended for interchange to comply with the Regulations; and (2) delegating its responsibility to systematically maintain and repair equipment intended for interchange to a motor carrier in an equipment interchange agreement.

To amend title 49, United States Code, relating to responsibility for intermodal equipment compliance with commercial motor vehicle safety requirements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Terrorists Prosecution Act of 2006''. SEC. 2. DEFINITION OF UNLAWFUL ENEMY COMBATANT. Paragraph (1) of section 948a of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended to read as follows: ``(1) Unlawful enemy combatant.--The term `unlawful enemy combatant' means an individual who directly participates in hostilities as part of an armed conflict against the United States who is not a lawful enemy combatant. The term is used solely to designate individuals triable by military commission under this chapter.''. SEC. 3. DETERMINATION OF UNLAWFUL ENEMY COMBATANT STATUS BY COMBATANT STATUS REVIEW TRIBUNAL NOT DISPOSITIVE FOR PURPOSES OF JURISDICTION OF MILITARY COMMISSIONS. Section 948d of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended-- (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c). SEC. 4. EXCLUSION FROM TRIAL BY MILITARY COMMISSION OF STATEMENTS OBTAINED BY COERCION. Section 948r of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended by striking subsections (c) and (d) and inserting the following new subsection (c): ``(c) Exclusion of Statements Obtained by Coercion.--A statement obtained by use of coercion shall not be admissible in a military commission under this chapter, except against a person accused of coercion as evidence that the statement was made.''. SEC. 5. DISCRETION OF MILITARY JUDGE TO EXCLUDE HEARSAY EVIDENCE DETERMINED TO BE UNRELIABLE OR LACKING IN PROBATIVE VALUE. Section 949a(b)(2)(E)(ii) of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended by striking ``if the party opposing the admission of the evidence demonstrates that the evidence is unreliable or lacking in probative value'' and inserting ``if the military judge determines, upon motion by counsel, that the evidence is unreliable or lacking in probative value''. SEC. 6. DISCRETION OF MILITARY JUDGE TO TAKE CERTAIN ACTIONS IN EVENT THAT A SUBSTITUTE FOR CLASSIFIED EXCULPATORY EVIDENCE IS INSUFFICIENT TO PROTECT THE RIGHT OF A DEFENDANT TO A FAIR TRIAL. Section 949j(d)(1) of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended by adding at the end the following: ``If the military judge determines that the substitute is not sufficient to protect the right of the defendant to a fair trial, the military judge may-- ``(A) dismiss the charges in their entirety; ``(B) dismiss the charges or specifications or both to which the information relates; or ``(C) take such other actions as may be required in the interest of justice.''. SEC. 7. REVIEW OF MILITARY COMMISSION DECISIONS BY UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES RATHER THAN COURT OF MILITARY COMMISSION REVIEW. (a) Review.-- (1) In general.--Section 950f of title 10, United States Code (as enacted by the Military Commissions Act of 2006 (Public Law 109-366)), is amended to read as follows: ``Sec. 950f. Review by Court of Appeals for the Armed Forces ``(a) Cases To Be Reviewed.--The United States Court of Appeals for the Armed Forces, in accordance with procedures prescribed under regulations of the Secretary, shall review the record in each case that is referred to the Court by the convening authority under section 950c of this title with respect to any matter of law raised by the accused. ``(b) Scope of Review.--In a case reviewed by the United States Court of Appeals for the Armed Forces under this section, the Court may only act with respect to matters of law.''. (2) Clerical amendment.--The table of sections at the beginning of subchapter VI of chapter 47A of such title (as so enacted) is amended by striking the item relating to section 950f and inserting the following new item: ``950f. Review by Court of Appeals for the Armed Forces.''. (b) Conforming Amendments.-- (1) In general.--Chapter 47A of title 10, United States Code (as so enacted), is further amended as follows: (A) In section 950c(a), by striking ``the Court of Military Commission Review'' and inserting ``the United States Court of Appeals for the Armed Forces''. (B) In section 950d, by striking ``the Court of Military Commission Review'' each place it appears and inserting ``the United States Court of Appeals for the Armed Forces''. (C) In section 950g(a)(2), by striking ``the Court of Military Commission Review'' each place it appears and inserting ``the United States Court of Appeals for the Armed Forces''. (D) In section 950h, by striking ``the Court of Military Commission Review'' each place it appears and inserting ``the United States Court of Appeals for the Armed Forces''. (2) Uniform code of military justice.--Section 867a(a) of title 10, United States Code (article 67a(a) of the Uniform Code of Military Justice), is amended by striking ``Decisions'' and inserting ``Except as provided in sections 950d and 950g of this title, decisions''. SEC. 8. IMPLEMENTATION OF TREATY OBLIGATIONS. (a) In General.--Section 6(a) of the Military Commissions Act of 2006 (Public Law 109-366) is amended-- (1) in paragraph (2)-- (A) in the first sentence, by inserting after ``international character'' the following: ``and preserve the capacity of the United States to prosecute nationals of enemy powers for engaging in acts against members of the United States Armed Forces and United States citizens that have been prosecuted by the United States as war crimes in the past''; and (B) by striking the second sentence; and (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) by striking ``the President has the authority for the United States to interpret the meaning and application of the Geneva Conventions and to promulgate'' and inserting ``the President has the authority, subject to congressional oversight and judicial review, to promulgate''; and (ii) by striking ``higher standards and''; (B) in subparagraph (B), by striking ``interpretations'' and inserting ``rules''; and (C) by amending subparagraph (D) to read as follows: ``(D) The President shall notify other parties to the Geneva Conventions that the United States expects members of the United States Armed Forces and other United States citizens detained in a conflict not of an international character to be treated in a manner consistent with the standards described in subparagraph (A) and embodied in section 2441 of title 18, United States Code, as amended by subsection (b).''. (b) Modifications of War Crimes Offenses.-- (1) Inclusion of denial of trial rights among offenses.-- Paragraph (1) of section 2441(d) of title 18, United States Code (as enacted by the Military Commissions Act of 2006), is amended by adding at the end the following new subparagraph: ``(J) Denial of trial rights.--The act of a person who intentionally denies one or more persons the right to be tried before a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples as prescribed by common Article 3 of the Geneva Conventions.''. (2) Definition of serious physical pain or suffering.-- Clause (ii) of subparagraph ((D) of paragraph (2) of such section (as so enacted) is amended to read as follows: ``(ii) serious physical pain;''. SEC. 9. RESTORATION OF HABEAS CORPUS FOR INDIVIDUALS DETAINED BY THE UNITED STATES. (a) Restoration.--Subsection (e) of section 2241 of title 28, United States Code, as amended by section 7(a) of the Military Commissions Act of 2006 (Public Law 109-366), is repealed. (b) Conforming Amendment.--Subsection (b) of section 7 of the Military Commissions Act of 2006 (Public Law 109-366) is repealed. SEC. 10. EXPEDITED JUDICIAL REVIEW OF MILITARY COMMISSIONS ACT OF 2006. Notwithstanding any other provision of law, the following rules shall apply to any civil action, including an action for declaratory judgment, that challenges any provision of the Military Commissions Act of 2006 (Public Law 109-366), or any amendment made by that Act, on the ground that such provision or amendment violates the Constitution or the laws of the United States: (1) The action shall be filed in the United States District Court for the District of Columbia and shall be heard in that Court by a court of three judges convened pursuant to section 2284 of title 28, United States Code. (2) An interlocutory or final judgment, decree, or order of the United States District Court for the District of Columbia in an action under paragraph (1) shall be reviewable as a matter of right by direct appeal to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after the date on which such judgment, decree, or order is entered. The jurisdictional statement with respect to any such appeal shall be filed within 30 days after the date on which such judgment, decree, or order is entered. (3) It shall be the duty of the United States District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any action or appeal, respectively, brought under this section. SEC. 11. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 17, 2006, the date of the enactment of the Military Commissions Act of 2006 (Public Law 109-366), immediately after the enactment of that Act and shall apply to all cases, without exception, that are pending on or after such date.

Effective Terrorists Prosecution Act of 2006 - Amends federal armed forces provisions enacted by the Military Commissions Act of 2006 to, among other things: (1) exclude from military commission (commission) trials statements obtained by coercion; (2) allow a commission military judge to exclude hearsay evidence determined to be unreliable or lacking in probative value; (3) provide for review of commission decisions by the U.S. Court of Appeals for the Armed Forces rather than the Court of Military Commission Review; (4) revise generally provisions concerning the implementation of treaty obligations with respect to the U.S. prosecution of enemy combatants; (5) restore habeas corpus rights for individuals detained by the United States; and (6) provide for expedited judicial review of provisions of the Military Commissions Act of 2006.

A bill to amend the Military Commissions Act of 2006 to improve and enhance due process and appellate procedures, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing a Government Shutdown Act''. SEC. 2. AMENDMENT TO TITLE 31. (a) In General.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Continuing appropriations ``(a)(1) If any regular appropriation bill for a fiscal year (or, if applicable, for each fiscal year in a biennium) does not become law before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, excluding any budget authority designated as an emergency or temporary funding for projects or activities that are not part of ongoing operations, to such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. ``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of-- ``(A) the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year; or ``(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity) or a continuing resolution making appropriations becomes law, as the case may be; or ``(B) the last day of such fiscal year. ``(4) This section shall not provide funding for a new fiscal year to continue any project or activity which is funded under the provisions of this section at the end of the preceding fiscal year until the enactment of a regular appropriation Act or joint resolution making continuing appropriations for such project or activity during such new fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such project or activity under current law. ``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such project or activity for such period becomes law. ``(e) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(f) For purposes of this section, the term `regular appropriation bill' means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: ``(1) Agriculture, rural development, Food and Drug Administration, and related agencies programs. ``(2) The Department of Defense. ``(3) Energy and water development, and related agencies. ``(4) State, foreign operations, and related programs. ``(5) The Department of Homeland Security. ``(6) The Department of the Interior, Environmental Protection Agency, and related agencies. ``(7) The Departments of Labor, Health and Human Services, and Education, and related agencies. ``(8) Military construction, veterans affairs, and related agencies. ``(9) Science, the Departments of State, Justice, and Commerce, and related agencies. ``(10) The Departments of Transportation, Housing and Urban Development, and related agencies. ``(11) The Legislative Branch. ``(12) Financial services and general Government.''. (b) Clerical Amendment.--The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''. (c) Effective Date.--The amendment made by this section shall apply to fiscal years beginning fiscal year 2011.

Preventing a Government Shutdown Act - Provides for automatic continuing appropriations if a regular appropriation bill for a fiscal year (or if applicable, for each fiscal year in a biennium) does not become law or a joint resolution making continuing appropriations is not in effect.

A bill to prevent the shutdown of the Federal Government.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Accountability for Regulatory Information Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) many Federal regulations have improved the quality of life of the American public, however, uncontrolled increases in regulatory costs and lost opportunities for better regulation should not be continued; (2) the legislative branch has a responsibility to ensure that laws passed by Congress are properly implemented by the executive branch; (3) in order for the legislative branch to fulfill its responsibilities to ensure that laws passed by Congress are implemented in an efficient, effective, and fair manner, the Congress requires accurate and reliable information on which to base decisions; and (4) the legal effect of many Federal agency guidance documents and other Federal agency statements that are not published in the Code of Federal Regulations is often not clear to the affected public. SEC. 3. REPORTS ON REGULATORY ACTIONS BY THE GENERAL ACCOUNTING OFFICE. (a) In General.--Section 801(a)(2) of title 5, United States Code, is amended by striking subparagraph (B) and inserting the following: ``(B)(i) After an agency publishes a regulatory action, a committee of either House of Congress with legislative or oversight jurisdiction relating to the action may request the Comptroller General to review the action under clause (ii). ``(ii) Of requests made under clause (i), the Comptroller General shall provide a report on each regulatory action selected under clause (iv) to the committee which requested the report (and the committee of jurisdiction in the other House of Congress)-- ``(I) except as provided in subclause (II), by not later than 180 calendar days after the committee request is received; or ``(II) in the case of a request for review of a notice of proposed rule making or an interim final rule making, by not later than the end of the 60-calendar-day period beginning on the date the committee request is received, or the end of the period for submission of comment regarding the rule making, whichever is later. The report shall include an independent analysis of the regulatory action by the Comptroller General using any relevant data or analyses available to or generated by the General Accounting Office. ``(iii) The independent analysis of the regulatory action by the Comptroller General under clause (ii) shall include-- ``(I) an analysis by the Comptroller General of the potential benefits of the regulatory action, including any beneficial effects that cannot be quantified in monetary terms and the identification of those likely to receive the benefits; ``(II) an analysis by the Comptroller General of the potential costs of the regulatory action, including any adverse effects that cannot be quantified in monetary terms and the identification of those likely to bear the costs; ``(III) an analysis by the Comptroller General of any alternative regulatory approaches that could achieve the same goal in a more cost-effective manner or that could provide greater net benefits, and, if applicable, a brief explanation of any statutory reasons why such alternatives could not be adopted; ``(IV) an analysis of the extent to which the regulatory action would affect State or local governments; and ``(V) a summary of how the results of the Comptroller General's analysis differ, if at all, from the results of the analyses of the agency in promulgating the regulatory action. ``(iv) In consultation with the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives, the Comptroller General shall develop procedures for determining the priority and number of those requests for review under clause (i) that will be reported under clause (ii). The procedures shall give the highest priority to requests regarding a notice of proposed rule making for a major rule, and to requests regarding an interim final rule making for a major rule. ``(C) Federal agencies shall cooperate with the Comptroller General by promptly providing the Comptroller General with such records and information as the Comptroller General determines necessary to carry out this section.''. (b) Definitions.--Section 804 of title 5, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (5), respectively; (2) by inserting after paragraph (1) the following: ``(2) The term `independent analysis' means a substantive review of the agency's underlying assessments and assumptions used in developing the regulatory action and any additional analysis the Comptroller General determines to be necessary.''; and (3) by inserting after paragraph (3) (as redesignated by paragraph (1) of this subsection) the following: ``(4) The term `regulatory action' means-- ``(A) notice of proposed rule making; ``(B) final rule making, including interim final rule making; or ``(C) a rule.''. SEC. 4. DISCLOSURE OF NONBINDING EFFECT OF GUIDANCE DOCUMENTS. (a) In General.--Chapter 8 of title 5, United States Code, is amended by inserting after section 803 the following: ``Sec. 803a. Notice of nonbinding effect of agency guidance ``The head of an agency shall include on the first page of each statement published by the agency that is not a rule a notice that the statement has no general applicability or future effect (or both), as applicable, and is not binding on the public.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 8 of title 5, United States Code, is amended by inserting after the item relating to section 803 the following: ``803a. Notice of nonbinding effect of agency guidance.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the General Accounting Office to carry out chapter 8 of title 5, United States Code, $5,200,000 for each of fiscal years 2000 through 2003. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.

Requires the head of an agency to include on the first page of each statement published by the agency that is not a rule a notice that the statement has no general applicability or future effect, as applicable, and is not binding on the public. Authorizes appropriations.

Congressional Accountability for Regulatory Information Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV/AIDS Assistance Reauthorization Act of 2007''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 401(a) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7671(a)) (in this Act referred to as the ``Act'') is amended by inserting after ``2008'' the following: ``, $30,000,000,000 for fiscal years 2009 through 2013, and such sums as may be necessary for each fiscal year thereafter''. SEC. 3. MODIFICATIONS TO ALLOCATION OF FUNDS. (a) Promotion of Abstinence, Fidelity, and Other Preventative Measures.--Section 403(a) of the Act (22 U.S.C. 7673(a)) is amended to read as follows: ``(a) Promotion of Abstinence, Fidelity, and Other Preventative Measures.--Not less than 50 percent of the amounts appropriated pursuant to the authorization of appropriations under section 401 and available for programs and activities that include a priority emphasis on public health measures to prevent the sexual transmission of HIV shall be dedicated to abstinence and fidelity as components of a comprehensive approach including abstinence, fidelity, and the correct and consistent use of condoms, consistent with other provisions of law and the epidemiology of HIV infection in a given country. Programs and activities that implement or purchase new prevention technologies or modalities such as medical male circumcision, pre-exposure prophylaxis, or microbicides shall not be included in determining compliance with this subsection.''. (b) Extension of Orphans and Vulnerable Children Funding Requirement.--Section 403(b) of the Act (22 U.S.C. 7673(b)) is amended by striking ``2008'' and inserting ``2013''. SEC. 4. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) On May 30, 2007, President George W. Bush announced his intent to double the commitment of the United States to fight global HIV/AIDS with a new $30,000,000,000, 5-year proposal to reauthorize the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003. (2) With the enactment of the President's fiscal year 2008 budget, the United States Government will have committed $18,000,000,000 to the President's Emergency Plan for AIDS Relief (PEPFAR), which exceeds the original 5-year, $15,000,000,000 commitment. (3) After 3 years of PEPFAR implementation, the American people have supported treatment of 1,100,000 people in the 15 focus countries, including more than 1,000,000 people in Africa. (4) PEPFAR is on track to meet its 5-year goals to support treatment for 2,000,000 people, prevention of 7,000,000 new infections, and care for 10,000,000 people, including orphans and vulnerable children. (5) The success of PEPFAR is rooted in support for country- owned strategies and programs with commitment of resources and dedication to results, achieved through the power of partnerships with governments, with nongovernmental, faith- based, and community-based organizations, and with the private sector. (6) United States efforts to address global HIV/AIDS will be multiplied by engaging in partnerships with countries dedicating to fighting their HIV epidemics and with multilateral partners, such as the Global Fund, which can help leverage international resources and build upon the efforts of the United States to combat global HIV/AIDS. In his announcement of his intent to double the commitment of the United States to fight global HIV/AIDS, President Bush reiterated his call for developed and developing countries, in particular middle-income countries where projections suggest many new infections will occur, to increase their contributions to fighting AIDS. HIV/AIDS is a global crisis that requires a global response. The United States currently provides as many resources for global HIV/AIDS as all other developed country governments combined. But only together can we turn the tide against the global epidemic. (b) Purpose.--It is the purpose of this Act to expand PEPFAR, including the expansion of life-saving treatment, comprehensive prevention programs, and care for those in need, including orphans and vulnerable children, in the next 5-year period as a signal of the commitment of the United States to support, strengthen, and expand United States and global efforts to address these health crises in partnership with others. SEC. 5. UNITED STATES FINANCIAL PARTICIPATION IN THE GLOBAL FUND. (a) Authority To Increase Proportional Support.--Section 202(d) of the Act (22 U.S.C. 7622(d)) is amended by adding at the end the following new paragraph: ``(5) Authority to increase proportional support.-- ``(A) Findings.--Congress makes the following findings: ``(i) The Global Fund to Fight AIDS, Tuberculosis and Malaria is an innovative financing mechanism to combat the three diseases, and it has made progress in many areas. ``(ii) The United States Government is the largest supporter of the Fund, both in terms of resources and technical support. ``(iii) The United States made the founding contribution to the Funds, remains committed to the original vision for the Fund, and is fully committed to its success. ``(B) Authority.--The President may increase proportional support for the Fund, within the amount authorized to be appropriated by this Act, if benchmarks for performance, accountability, and transparency are satisfactorily met, and if the Fund remains committed to its founding principles. The United States Global AIDS Coordinator should consider the benchmarks set forth in subparagraphs (C) and (D) in assessing whether to make the annual contribution of the United States Government to the Fund. ``(C) Benchmarks related to transparency and accountability.--Increased proportional support for the Fund should be based upon achievement of the following benchmarks related to transparency and accountability: ``(i) As recommended by the Government Accountability Office, the Fund Secretariat has established standardized expectations for the performance of Local Fund Agents (LFAs), is undertaking a systematic assessment of the performance of LFAs, and is making available for public review, according to the Fund Board's policies and practices on disclosure of information, a regular collection and analysis of performance data of Fund grants, which shall cover both Principal Recipients and sub- recipients. ``(ii) A well-staffed, independent Office of the Inspector General reports directly to the Board and is responsible for regular, publicly published audits of both financial and programmatic and reporting aspects of the Fund, its grantees, and LFAs. ``(iii) The Fund Secretariat has established and is reporting publicly on standard indicators for all program areas. ``(iv) The Fund Secretariat has established a database that tracks all sub-recipients and the amounts of funds disbursed to each, as well as the distribution of resources, by grant and Principal Recipient, for prevention, care, treatment, the purchases of drugs and commodities, and other purposes. ``(v) The Fund Board has established a penalty to offset tariffs imposed by national governments on all goods and services provided by the Fund. ``(vi) The Fund Board has successfully terminated its Administrative Services Agreement with the World Health Organization and completed the Fund Secretariat's transition to a fully independent status under the Headquarters Agreement the Fund has established with the Government of Switzerland. ``(D) Benchmarks related to principles of fund.-- Increased proportional support for the Fund should be based upon achievement of the following benchmarks related to the founding principles of the Fund: ``(i) The Fund must maintain its status as a financing institution. ``(ii) The Fund must remain focused on programs directly related to HIV/AIDS, malaria, and tuberculosis. ``(iii) The Fund Board must maintain its Comprehensive Funding Policy, which requires confirmed pledges to cover the full amount of new grants before the Board approves them. ``(iv) The Fund must maintain and make progress on sustaining its multi-sectoral approach, through Country Coordinating Mechanisms (CCMs) and in the implementation of grants, as reflected in percent and resources allocated to different sectors, including governments, civil society, and faith- and community-based organizations.''. (b) Extension of Authorization.--Section 202(d) of such Act is further amended by striking ``2008'' each place it appears and inserting ``2013''.

HIV/AIDS Assistance Reauthorization Act of 2007 - Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to authorize appropriations for HIV/AIDS assistance. Revises fund allocation provisions, including requiring that at least 50% of funds be made available for the promotion of abstinence, fidelity, and other preventative measures. Extends the minimum 10% funding obligation for orphans and vulnerable children through FY2013. Authorizes the President to increase proportional support for the Global Fund to Fight AIDS, Tuberculosis and Malaria, within the authorized amounts under this Act, if specified performance, accountability, and transparency benchmarks are met. Authorizes appropriations for Fund contributions through FY2013.

A bill to reauthorize HIV/AIDS assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marriage Penalty Relief Act of 2003''. SEC. 2. ACCELERATION OF MARRIAGE PENALTY RELIEF PROVISIONS. (a) Elimination of Marriage Penalty in Standard Deduction.-- (1) In general.--Paragraph (2) of section 63(c) of the Internal Revenue Code of 1986 (relating to standard deduction) is amended-- (A) by striking ``$5,000'' in subparagraph (A) and inserting ``200 percent of the dollar amount in effect under subparagraph (C) for the taxable year''; (B) by adding ``or'' at the end of subparagraph (B); (C) by striking ``in the case of'' and all that follows in subparagraph (C) and inserting ``in any other case.''; and (D) by striking subparagraph (D). (2) Technical amendments.-- (A) Subparagraph (B) of section 1(f)(6) of such Code is amended by striking ``(other than with'' and all that follows through ``shall be applied'' and inserting ``(other than with respect to sections 63(c)(4) and 151(d)(4)(A)) shall be applied''. (B) Paragraph (4) of section 63(c) of such Code is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply to the amount referred to in paragraph (2)(A).''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2002. (b) Elimination of Marriage Penalty in 15-Percent Bracket.-- (1) In general.--Section 1(f) of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended by adding at the end the following new paragraph: ``(8) Elimination of marriage penalty in 15-percent bracket.-- ``(A) In general.--With respect to taxable years beginning after December 31, 2002, in prescribing the tables under paragraph (1)-- ``(i) the maximum taxable income in the 15- percent rate bracket in the table contained in subsection (a) (and the minimum taxable income in the next higher taxable income bracket in such table) shall be 200 percent of the maximum taxable income in the 15-percent rate bracket in the table contained in subsection (c) (after any other adjustment under this subsection), and ``(ii) the comparable taxable income amounts in the table contained in subsection (d) shall be \1/2\ of the amounts determined under clause (i). ``(B) Rounding.--If any amount determined under subparagraph (A)(i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. (2) Technical amendments.-- (A) Subparagraph (A) of section 1(f)(2) of such Code is amended by inserting ``except as provided in paragraph (8),'' before ``by increasing''. (B) The heading for subsection (f) of section 1 is amended by inserting ``Elimination of Marriage Penalty in 15-Percent Bracket;'' before ``Adjustments''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2002. (c) Marriage Penalty Relief for Earned Income Credit.-- (1) Increased phaseout amount.-- (A) In general.--Section 32(b)(2)(B) of the Internal Revenue Code of 1986 (relating to amounts) is amended by striking ```increased by--'' and all that follows and inserting ``increased by $3,000.''. (B) Inflation adjustment.--Paragraph (1)(B)(ii) of section 32(j) of such Code (relating to inflation adjustments) is amended to read as follows: ``(ii) in the case of the $3,000 amount in subsection (b)(2)(B), by substituting `calendar year 2003' for `calendar year 1992' in subparagraph (B) of such section 1.''. (C) Effective date.--The amendments made by this paragraph shall apply to taxable years beginning after December 31, 2002. (2) Expansion of mathematical error authority.-- (A) In general.--Paragraph (2) of section 6213(g) of such Code is amended by striking ``and'' at the end of subparagraph (K), by striking the period at the end of subparagraph (L) and inserting ``, and'', and by inserting after subparagraph (L) the following new subparagraph: ``(M) the entry on the return claiming the credit under section 32 with respect to a child if, according to the Federal Case Registry of Child Support Orders established under section 453(h) of the Social Security Act, the taxpayer is a noncustodial parent of such child.''. (B) Effective date.--The amendment made by this paragraph shall take effect on January 1, 2003. (d) Conforming Amendments.-- (1) Repeal of amendments.--Sections 301, 302, and 303(g) of the Economic Growth and Tax Relief Reconciliation Act of 2001 are repealed. (2) Repeal of sunset.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to section 303 (other than subsection (g) of such section) of such Act (relating to marriage penalty relief).

Marriage Penalty Relief Act of 2003 - Amends the Internal Revenue Code (IRC) to provide that the basic standard deduction on a joint return shall be equal to 200 percent of the dollar amount of an individual who is not married.Makes the maximum taxable income in the lowest joint bracket equal to double the maximum taxable income in the lowest single filer bracket.Increases the earned income credit phaseout amount on a joint return by $3,000.

A bill to eliminate the marriage tax penalty permanently in 2003.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grand Jury Reform Act of 2017''. SEC. 2. FINDINGS. The Congress finds the following: (1) Grand juries are typically used as the process by which allegations of police misconduct are prosecuted. (2) There exists a symbiotic relationship between local prosecutors and the law enforcement officers who regularly testify in routine grand jury investigations. (3) The closeness of this relationship creates public suspicion that accused police officers receive preferential consideration from grand juries when they are subject to grand jury investigations. (4) Police officers have the right to appear before the grand jury investigating allegations of wrongdoing by said officer, and give testimony not subject to a thorough cross examination. (5) Grand jury proceedings are by law secret proceedings. (6) The secret grand jury process has historically resulted in a refusal to indict when the subject of their investigation is a local law enforcement officer. (7) The recent grand jury proceedings following the deaths of Michael Brown and Eric Garner have followed historical tradition, ending with a refusal to indict the law enforcement officers involved in their deaths. (8) The American people have lost confidence in the secretive grand jury process when it is used to evaluate allegations of police misconduct. (9) The loss of confidence in our system of justice leads to the undermining of the principles of equality and justice upon which this country was founded. (10) Preliminary hearings are often replaced with direct presentments, whereby the prosecutor may send a case directly to the grand jury without a public preliminary hearing. SEC. 3. HEARING BEFORE A JUDGE REQUIRED. (a) Receipt of Grant Funds.--In order for a State or unit of local government in a State to be eligible to receive Federal funding under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), the State shall comply with the requirements of this section. (b) Notification Requirements.-- (1) Notification to prosecutor.--In the case of a law enforcement officer of a local law enforcement agency who uses deadly force against a person in the course of the officer's employment, and thereby causes the death of that person, not later than 24 hours after the death occurs, the chief officer of the law enforcement agency of the locality in which the death occurred shall report the death to the elected prosecutor of that locality. (2) Notification to governor.--Not later than 24 hours after receiving notice under paragraph (1), the elected prosecutor of the locality in which the death occurred shall report the death to the Governor of that State. (c) Hearing Requirement; Appointment of Special Prosecutor.-- (1) In general.--Not later than 3 days after receiving notice under subsection (b)(2), the Governor of the State in which the death occurred shall appoint a special prosecutor to present evidence on behalf of the State at a hearing before a judge in the appropriate court, in order to determine whether probable cause exists for the State to bring criminal charges against the law enforcement officer relating to the death of the person, which determination shall be made by the judge. The Governor shall use a random process to select the special prosecutor from among all of the elected prosecutors in the State, excluding the elected prosecutor of the locality in which the death occurred. (2) Timing.--The hearing described in paragraph (1) shall be held not later than 90 days after the appointment of the special prosecutor, unless the judge determines that good cause exists to delay the hearing. (3) Court to remain open to the public.--Except as determined appropriate by the presiding judge, in a hearing described in paragraph (1), the court shall remain open to the public, and upon scheduling the hearing the judge shall provide notice to the public of the date, time, and location of the hearing. (d) State Law Enforcement Agency To Have Exclusive Authority Over Investigation.-- (1) In general.--Not later than 24 hours after receiving notice under subsection (b)(2), the Governor shall report the death to the chief officer of the State law enforcement agency of the State in which the death occurred, and the State law enforcement agency shall assume exclusive control of the investigation of the death during the pendency of the probable cause hearing. (2) Cooperation of local law enforcement agency.--The chief officer of the law enforcement agency of the locality in which the death occurred shall cooperate with the special prosecutor and the chief officer of the State law enforcement agency by responding promptly to requests for information related to the death. (e) Written Determination of Probable Cause.--Not later than 5 days after the conclusion of a hearing described in subsection (c), the judge presiding over the hearing shall issue the determination described in subsection (c) in writing, and shall submit such determination to the elected prosecutor of the locality in which the death occurred. Such determination shall be made available to the public. (f) Recommendations of the Special Prosecutor.--Upon the conclusion of a hearing described in subsection (c), the special prosecutor shall submit written recommendations to the elected prosecutor of the locality in which the death occurred, including a recommendation regarding whether criminal charges should be brought against the law enforcement officer relating to the death of the person. (g) Tolling of Procedural Deadlines.--Any applicable filing or other procedural deadlines are tolled during the pendency of the hearing described in subsection (c). (h) Preservation of Prosecutorial Discretion.--The hearing described in subsection (c) shall be purely advisory, and shall have no binding effect on the elected prosecutor of the locality in which the death occurred. After the conclusion of the hearing described in subsection (c), the elected prosecutor of the locality in which the death occurred shall retain prosecutorial discretion as to whether to bring charges against the law enforcement officer, including whether to hold a grand jury proceeding in the appropriate court.

Grand Jury Reform Act of 2017 This bill conditions a state or local government's receipt of funds under the Edward Byrne Memorial Justice Assistance Grant program on the state's compliance with certain requirements following an incident involving the use of deadly force by a local law enforcement officer that results in a person's death. Specifically, the governor must appoint a special prosecutor to present evidence before a judge to determine whether probable cause exists to criminally charge the law enforcement officer. The hearing must be open to the public.

Grand Jury Reform Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospice Evaluation and Legitimate Payment Act of 2013''. SEC. 2. ENSURING TIMELY ACCESS TO HOSPICE CARE. (a) In General.--Section 1814(a)(7)(D)(i) of the Social Security Act (42 U.S.C. 1395f(a)(7)(D)(i)) is amended to read as follows: ``(i) a hospice physician, nurse practitioner, clinical nurse specialist, or physician assistant (as those terms are defined in section 1861(aa)(5)), or other health professional (as designated by the Secretary), has a face-to-face encounter with the individual to determine continued eligibility of the individual for hospice care prior to the first 60-day period and each subsequent recertification under subparagraph (A)(ii) (or, in the case where a hospice program newly admits an individual who would be entering their first 60-day period or a subsequent hospice benefit period or where exceptional circumstances, as defined by the Secretary, may prevent a face-to-face encounter prior to the beginning of the hospice benefit period, not later than 7 calendar days after the individual's election under section 1812(d)(1) with respect to the hospice program) and attests that such visit took place (in accordance with procedures established by the Secretary); and''. (b) Effective Date.--The amendment made by subsection (a) takes effect on January 1, 2014, and applies to hospice care furnished on or after such date. SEC. 3. RESTORING AND PROTECTING THE MEDICARE HOSPICE BENEFIT. (a) In General.--Section 1814(i) of the Social Security Act (42 U.S.C. 1395f(i)) is amended-- (1) in paragraph (6)-- (A) in subparagraph (D)-- (i) in clause (i)-- (I) in the first sentence, by striking ``not earlier than October 1, 2013, the Secretary shall, by regulation,'' and inserting ``subject to clause (iii), not earlier than the later of 2 years after the demonstration program under subparagraph (F) is completed or October 1, 2017, the Secretary shall, by regulation, preceded by a notice of the proposed regulation in the Federal Register and a period for public comment in accordance with section 1871(b)(1),''; and (II) in the second sentence, by inserting `` and shall take into account the results of the evaluation conducted under subparagraph (F)(ii)'' before the period; and (ii) by adding at the end the following new clause: ``(iii) The Secretary shall implement the revisions in payment pursuant to clause (i) unless the Secretary determines that the demonstration program under subparagraph (F) demonstrated that such revisions would adversely affect access to quality hospice care by beneficiaries under this title.''; and (B) by adding at the end the following new subparagraph: ``(F) Hospice payment reform demonstration program.-- ``(i) Establishment of demonstration program.-- ``(I) In general.--Before implementing any revisions to the methodology for determining the payment rates for routine home care and other services included in hospice care under subparagraph (D), the Secretary shall establish a Medicare Hospice Payment Reform demonstration program (in this subparagraph referred to as the `demonstration program') to test such proposed revisions. ``(II) Duration.--The demonstration program shall be conducted for a 2-year period beginning on or after October 1, 2013. ``(III) Scope.--Any certified hospice program may apply to participate in the demonstration program and the Secretary shall select not more than 15 such hospice programs to participate in the demonstration program. ``(IV) Representative participation.-- Hospice programs selected under subclause (III) to participate in the demonstration program shall include a representative cross-section of hospice programs throughout the United States, including programs located in urban and rural areas. ``(ii) Evaluation and report.-- ``(I) Evaluation.--The Secretary shall conduct an evaluation of the demonstration program. Such evaluation shall include an analysis of whether the use of the revised payment methodology under the demonstration program has improved the quality of patient care and access to hospice care for beneficiaries under this title and the impact of such payment revisions on hospice care providers, including the impact, if any, on the ability of hospice programs to furnish quality care to beneficiaries under this title. ``(II) Report.--Not later than 2 years after the completion of the demonstration program, the Secretary shall submit to Congress a report containing the results of the evaluation conducted under subclause (I), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. ``(iii) Budget neutrality.--With respect to the 2- year period of the demonstration program, the Secretary shall ensure that revisions in payment implemented as part of the demonstration program shall result in the same estimated amount of aggregate payments under this title for hospice care for the programs participating in the demonstration as would have been made if the hospice programs had not participated in the demonstration program.''. SEC. 4. HOSPICE SURVEY REQUIREMENT. Section 1861(dd)(4) of the Social Security Act (42 U.S.C. 1395x(dd)(4)) is amended by adding at the end the following new subparagraph: ``(C) Any entity that is certified as a hospice program shall be subject to a standard survey by an appropriate State or local survey agency, or an approved accreditation agency, as determined by the Secretary, not less frequently than once every 36 months beginning 6 months after the date of the enactment of this subparagraph.''.

Hospice Evaluation and Legitimate Payment Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act with respect to the face-to-face encounter framework in hospice care. Allows a clinical nurse specialist, physician assistant, or other health professional (in addition to a hospice physician or a nurse practitioner, as under current law) to conduct the face-to-face encounter with the individual to determine continued eligibility for hospice care before the first 60-day (currently 180-day) recertification period and each subsequent recertification. Directs the Secretary of Health and Human Services (HHS) to establish a Medicare Hospital Payment Reform demonstration program to test any revisions to the methodology for determining payment rates for routine home care and other hospice care services. Sets at every three years the frequency of surveys of certified hospice programs.

Hospice Evaluation and Legitimate Payment Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Savings Incentives Act of 2005''. SEC. 2. MODIFICATION OF CREDIT FOR CERTAIN NONBUSINESS ENERGY PROPERTY. (a) In General.--Section 25C of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 25C. NONBUSINESS ENERGY PROPERTY. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) $10 for each therm of certified natural gas savings attributable to qualified energy efficiency expenditures made during the taxable year, and ``(2) $0.65 for each kilowatt hour of certified electricity savings attributable to qualified energy efficiency expenditures made during the taxable year. ``(b) Lifetime Limitation.--The credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed the excess (if any) of $5,000 over the aggregate credits allowed under this section with respect to such taxpayer for all prior taxable years. ``(c) Qualified Energy Efficiency Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified energy efficiency expenditures' means expenditures made by the taxpayer, after consultation with a qualified individual described in subsection (d)(2)(C), for the improvement of a dwelling unit of the taxpayer located in the United States and used by the taxpayer as the taxpayer's principal residence. ``(2) No double benefit for certain expenditures.--The term `qualified energy efficiency expenditures' shall not include any expenditure for which a deduction or credit is otherwise allowed under this chapter. ``(3) Principal residence.-- ``(A) In general.--The term `principal residence' has the same meaning as when used in section 121, except that-- ``(i) no ownership requirement shall be imposed, and ``(ii) the period for which a building is treated as used as a principal residence shall also include the 60-day period ending on the 1st day on which it would (but for this subparagraph) first be treated as used as a principal residence. ``(B) Manufactured housing.--The term `residence' shall include a dwelling unit which is a manufactured home conforming to Federal Manufactured Home Construction and Safety Standards (24 C.F.R. 3280). ``(d) Certified Natural Gas Savings; Certified Electricity Savings.-- ``(1) In general.-- ``(A) Certified natural gas savings.--The term `certified natural gas savings' means, with respect to any taxable year, the amount, measured in therms on an average annual basis, which is equal to the excess of-- ``(i) 85 percent of the amount of natural gas which would be consumed with respect to the dwelling unit of the taxpayer if the qualified energy efficiency expenditures with respect to such taxable year were not made, as certified in accordance with paragraph (2), over ``(ii) the amount of such natural gas consumption with respect to such dwelling unit determined by taking into account the qualified energy efficiency expenditures made during such taxable year, as certified in accordance with paragraph (2). ``(B) Certified electricity savings.--The term `certified electricity savings' means, with respect to any taxable year, the amount, measured in kilowatt hours on an annual basis, which is equal to the excess of-- ``(i) 85 percent of the amount of electricity which would be consumed with respect to the dwelling unit of the taxpayer if the qualified energy efficiency expenditures with respect to such taxable year were not made, as certified in accordance with paragraph (2), over ``(ii) the amount of electricity consumption with respect to such dwelling unit determined by taking into account the qualified energy efficiency expenditures made during such taxable year, as certified in accordance with paragraph (2). ``(2) Certification.-- ``(A) In general.--The Secretary shall prescribe the manner and method for the making of certifications under this paragraph. ``(B) Procedures.--The Secretary shall include as part of the certification process procedures for inspection and testing by qualified individuals described in subparagraph (C) to ensure compliance of dwelling units with the requirements of this section. Such procedures shall be similar to the requirements in the Mortgage Industry National Accreditation Procedures for Home Energy Rating Systems. ``(C) Qualified individuals.--Individuals qualified to determine compliance shall be only those individuals who are recognized by an organization certified by the Secretary for such purposes. ``(e) Special Rules.--For purposes of this section, rules similar to the rules under paragraphs (4), (5), (6), (7), (8), and (9) of section 25D(e) shall apply. ``(f) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section with respect to any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(g) Termination.--This section shall not apply with respect to any property placed in service after December 31, 2007.''. (b) Conforming Amendment.--Section 1016(a)(34) is amended by striking ``25C(e)'' and inserting ``section 25C(f)''. (c) Effective Dates.--The amendments made by this section shall apply to property placed in service after December 31, 2005.

Home Energy Savings Incentives Act of 2005 - Amends the Internal Revenue Code to revise the tax credit for nonbusiness energy property enacted by the Energy Policy Act of 2005 to allow an individual taxpayer a credit equal to $10 for each therm of certified natural gas savings and $0.65 for each kilowatt hour of certified electricity savings attributable to energy efficiency improvements made to the taxpayer's principal residence. Limits the amount of such credit to $5,000, less credits received for all prior taxable years. Requires the Secretary of the Treasury to prescribe the manner and method for making energy savings certifications for purposes of the tax credit. Terminates the credit after December 31, 2007.

A bill to amend the Internal Revenue Code of 1986 to modify the credit for nonbusiness energy property so that the amount of the credit is determined based on the amount of energy savings achieved by the taxpayer.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bill Emerson English Language Empowerment Act of 1997''. SEC. 2. FINDINGS. The Congress finds and declares the following: (1) The United States is comprised of individuals and groups from diverse ethnic, cultural, and linguistic backgrounds. (2) The United States has benefited and continues to benefit from this rich diversity. (3) Throughout the history of the United States, the common thread binding individuals of differing backgrounds has been a common language. (4) In order to preserve unity in diversity, and to prevent division along linguistic lines, the Federal Government should maintain a language common to all people. (5) English has historically been the common language and the language of opportunity in the United States. (6) The purpose of this title is to help immigrants better assimilate and take full advantage of economic and occupational opportunities in the United States. (7) By learning the English language, immigrants will be empowered with the language skills and literacy necessary to become responsible citizens and productive workers in the United States. (8) The use of a single common language in conducting official businesss of the Federal Government will promote efficiency and fairness to all people. (9) English should be recognized in law as the language of official business of the Federal Government. (10) Any monetary savings derived from the enactment of this title should be used for the teaching of the English language to non-English-speaking immigrants. SEC. 3. ENGLISH AS THE OFFICIAL LANGUAGE OF FEDERAL GOVERNMENT. (a) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 6--LANGUAGE OF THE FEDERAL GOVERNMENT ``Sec. ``161. Declaration of official language of Federal Government. ``162. Preserving and enhancing the role of the official language. ``163. Official Federal Government activities in English. ``164. Standing. ``165. Reform of naturalization requirements. ``166. Application. ``167. Rule of construction. ``168. Affirmation of constitutional protections. ``169. Definitions. ``Sec. 161. Declaration of official language of Federal Government ``The official language of the Federal Government is English. ``Sec. 162. Preserving and enhancing the role of the official language ``Representatives of the Federal Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language. ``Sec. 163. Official Federal Government activities in English ``(a) Conduct of Business.--Representatives of the Federal Government shall conduct its official business in English. ``(b) Denial of Services.--No person shall be denied services, assistance, or facilities, directly or indirectly provided by the Federal Government solely because the person communicates in English. ``(c) Entitlement.--Every person in the United States is entitled-- ``(1) to communicate with representatives of the Federal Government in English; ``(2) to receive information from or contribute information to the Federal Government in English; and ``(3) to be informed of or be subject to official orders in English. ``Sec. 164. Standing ``A person injured by a violation of this chapter may in a civil action (including an action under chapter 151 of title 28) obtain appropriate relief. ``Sec. 165. Reform of naturalization requirements ``(a) Fluency.--It has been the longstanding national belief that full citizenship in the United States requires fluency in English. English is the language of opportunity for all immigrants to take their rightful place in society in the United States. ``(b) Ceremonies.--All authorized officials shall conduct all naturalization ceremonies entirely in English. ``Sec. 166. Application ``Except as otherwise provided in this chapter, the provisions of this chapter shall supersede any existing Federal law that contravenes such provisions (such as by requiring the use of a language other than English for official business of the Federal Government). ``Sec. 167. Rule of construction ``Nothing in this chapter shall be construed-- ``(1) to prohibit a Member of Congress or an employee or official of the Federal Government, while performing official business, from communicating orally with another person in a language other than English; ``(2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act); ``(3) to discriminate against or restrict the rights of any individual in the country; and ``(4) to discourage or prevent the use of languages other than English in any nonofficial capacity. ``Sec. 168. Affirmation of constitutional protections ``Nothing in this chapter shall be construed to be inconsistent with the Constitution of the United States. ``Sec. 169. Definitions ``For purposes of this chapter: ``(1) Federal government.--The term `Federal Government' means all branches of the national Government and all employees and officials of the national Government while performing official business. ``(2) Official business.--The term `official business' means governmental actions, documents, or policies which are enforceable with the full weight and authority of the Federal Government, and includes publications, income tax forms, and informational materials, but does not include-- ``(A) teaching of languages; ``(B) requirements under the Individuals with Disabilities Education Act; ``(C) actions, documents, or policies necessary for-- ``(i) national security issues; or ``(ii) international relations, trade, or commerce; ``(D) actions or documents that protect the public health and safety; ``(E) actions or documents that facilitate the activities of the Bureau of the Census in compiling any census of population; ``(F) actions, documents, or policies that are not enforceable in the United States; ``(G) actions that protect the rights of victims of crimes or criminal defendants; ``(H) actions in which the United States has initiated a civil lawsuit; or ``(I) using terms of art or phrases from languages other than English. ``(3) United states.--The term `United States' means the several States and the District of Columbia.''. (b) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: ``6. Language of the Federal Government..................... 161''. SEC. 4. PREEMPTION. This title (and the amendments made by this title) shall not preempt any law of any State. SEC. 5. EFFECTIVE DATE. The amendments made by section 3 shall take effect on the date that is 180 days after the date of enactment of this Act.

Bill Emerson English Language Empowerment Act of 1997 - Amends Federal law to declare English to be the official language of the U.S. Government. States that representatives of the Federal Government have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Requires such representatives to conduct official business in English. Prohibits anyone from being denied Government services because he or she communicates in English. Requires that all officials conduct all naturalization ceremonies entirely in English. Directs that nothing in this Act construed to limit the preservation or use of Native Alaskan or Native American languages. Sets forth definitions for purposes of this Act.

Bill Emerson English Language Empowerment Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Federal File Sharing Act''. SEC. 2. REQUIREMENTS. (a) Updated Guidance on Use of Certain Software Programs.--Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, after consultation with the Federal Chief Information Officers Council, shall issue guidance on the use of peer-to-peer file sharing software-- (1) to prohibit the download, installation, or use by Government employees and contractors of open-network peer-to- peer file sharing software on all Federal computers, computer systems, and networks, including those operated by contractors on the Government's behalf, unless such software is approved in accordance with procedures under subsection (b); and (2) to address the download, installation, or use by Government employees and contractors of such software on home or personal computers as it relates to telework and remotely accessing Federal computers, computer systems, and networks, including those operated by contractors on the Government's behalf. (b) Approval Process for Certain Software Programs.--Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall develop a procedure by which the Director, in consultation with the Chief Information Officer, may receive requests from heads of agencies or chief information officers of agencies for approval for use by Government employees and contractors of specific open-network peer-to-peer file sharing software programs that are-- (1) necessary for the day-to-day business operations of the agency; (2) instrumental in completing a particular task or project that directly supports the agency's overall mission; (3) necessary for use between, among, or within Federal, State, or local government agencies in order to perform official agency business; or (4) necessary for use during the course of a law enforcement investigation. (c) Agency Responsibilities.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) direct agencies to establish or update personal use policies of the agency to be consistent with the guidance issued pursuant to subsection (a); (2) direct agencies to require any contract awarded by the agency to include a requirement that the contractor comply with the guidance issued pursuant to subsection (a) in the performance of the contract; (3) direct agencies to update their information technology security or ethics training policies to ensure that all employees, including those working for contractors on the Government's behalf, are aware of the requirements of the guidance required by subsection (a) and the consequences of engaging in prohibited conduct; and (4) direct agencies to ensure that proper security controls are in place to prevent, detect, and remove file sharing software that is prohibited by the guidance issued pursuant to subsection (a) from all Federal computers, computer systems, and networks, including those operated by contractors on the Government's behalf. SEC. 3. ANNUAL REPORT. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Director of the Office of Management and Budget shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the implementation of this Act, including-- (1) a justification for each open-network peer-to-peer file sharing software program that is approved pursuant to subsection (b); and (2) an inventory of the agencies where such programs are being used. SEC. 4. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning provided the term ``Executive agency'' by section 105 of title 5, United States Code. (2) Open-network.--The term ``open-network'', with respect to software, means a network in which-- (A) access is granted freely, without limitation or restriction; or (B) there are little or no security measures in place. (3) Peer-to-peer file sharing software.--The term ``peer- to-peer file sharing software''-- (A) means a program, application, or software that is commercially marketed or distributed to the public and that enables-- (i) a file or files on the computer on which such program is installed to be designated as available for searching and copying to one or more other computers; (ii) the searching of files on the computer on which such program is installed and the copying of any such file to another computer-- (I) at the initiative of such other computer and without requiring any action by an owner or authorized user of the computer on which such program is installed; and (II) without requiring an owner or authorized user of the computer on which such program is installed to have selected or designated another computer as the recipient of any such file; and (iii) an owner or authorized user of the computer on which such program is installed to search files on one or more other computers using the same or a compatible program, application, or software, and copy such files to such owner or user's computer; and (B) does not include a program, application, or software designed primarily-- (i) to operate as a server that is accessible over the Internet using the Internet Domain Name system; (ii) to transmit or receive email messages, instant messaging, real-time audio or video communications, or real-time voice communications; or (iii) to provide network or computer security (including the detection or prevention of fraudulent activities), network management, maintenance, diagnostics, or technical support or repair. (4) Contractor.--The term ``contractor'' means a prime contractor or a subcontractor, as defined by the Federal Acquisition Regulation. SEC. 5. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives March 24, 2010. Attest: LORRAINE C. MILLER, Clerk.

Secure Federal File Sharing Act - Requires the Director of the Office of Management and Budget (OMB) to issue guidance to: (1) prohibit the download, installation, or use by government employees and contractors of open-network peer-to-peer file sharing software on all federal computers, computer systems, and networks, unless approved in accordance with procedures under this Act; and (2) address the download, installation, or use by government employees and contractors of such software on home or personal computers as it relates to telework and remotely accessing federal computers, computer systems, and networks. Requires the Director to develop a procedure for receiving requests from heads or chief information officers of agencies for approval for use by government employees and contractors of specific open-network peer-to-peer file sharing software programs that are: (1) necessary for day-to-day business operations, for use in the course of a law enforcement investigation, or to perform official agency business; or (2) instrumental in completing a particular task or project that directly supports the agency's overall mission. Requires the Director to direct agencies to: (1) establish or update personal use policies to be consistent with the guidance issued under this Act; (2) require contracts to require contractor compliance with that guidance; (3) update their information technology security or ethics training policies to ensure that all employees are aware of the requirements of that guidance and the consequences of engaging in prohibited conduct; and (4) ensure that proper security controls are in place to prevent, detect, and remove file sharing software that is prohibited. Requires the Director to report annually to specified congressional committees, including: (1) a justification for each open-network peer-to-peer file sharing software program that is approved under this Act; and (2) an inventory of the agencies where such programs are being used. Requires the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, to 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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

To require the Director of the Office of Management and Budget to issue guidance on the use of peer-to-peer file sharing software to prohibit the personal use of such software by Government employees, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Generic Pharmaceutical Access and Choice for Consumers Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. TITLE I--ENCOURAGEMENT OF THE USE OF GENERIC DRUGS Sec. 101. Encouragement of the use of generic drugs under the Public Health Service Act. Sec. 102. Application to Federal employees health benefits program. Sec. 103. Application to medicare program. Sec. 104. Application to medicaid program. Sec. 105. Application to Indian Health Service. Sec. 106. Application to veterans programs. Sec. 107. Application to recipients of uniformed services health care. Sec. 108. Application to Federal prisoners. TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS Sec. 201. Therapeutic equivalence of generic drugs. TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM Sec. 301. Sense of the Senate regarding a preference for the use of generic pharmaceuticals under the medicare program. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Generic pharmaceuticals are approved by the Food and Drug Administration on the basis of testing and other information establishing that such pharmaceuticals are therapeutically equivalent to brand-name pharmaceuticals, ensuring consumers a safe, efficacious, and cost-effective alternative to brand-name pharmaceuticals. (2) The pharmaceutical market has become increasingly competitive during the last decade because of the increasing availability and accessibility of generic pharmaceuticals. (3) The Congressional Budget Office estimates that-- (A) the substitution of generic pharmaceuticals for brand-name pharmaceuticals will save purchasers of pharmaceuticals between $8,000,000,000 and $10,000,000,000 each year; and (B) quality generic pharmaceuticals cost between 25 percent and 60 percent less than brand-name pharmaceuticals, resulting in an estimated average savings of $15 to $30 on each prescription filled. (4) Generic pharmaceuticals are widely accepted by both consumers and the medical profession, as the market share held by generic pharmaceuticals compared to brand-name pharmaceuticals has more than doubled during the last decade, from approximately 19 percent to 43 percent, according to the Congressional Budget Office. (b) Purposes.--The purposes of this Act are-- (1) to reduce the cost of prescription drugs to the United States Government and to beneficiaries under Federal health care programs while maintaining the quality of health care by encouraging the use of generic drugs rather than nongeneric drugs under those programs whenever feasible; and (2) to increase the utilization of generic pharmaceuticals by requiring the Food and Drug Administration, where appropriate, to determine that a generic pharmaceutical is the therapeutic equivalent of its brand-name counterpart, and by affording national uniformity to that determination. TITLE I--ENCOURAGEMENT OF THE USE OF GENERIC DRUGS SEC. 101. ENCOURAGEMENT OF THE USE OF GENERIC DRUGS UNDER THE PUBLIC HEALTH SERVICE ACT. (a) In General.--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: ``SEC. 247. USE OF GENERIC DRUGS ENCOURAGED. ``(a) Each grant or contract entered into under this Act that involves the provision of health care items or services to individuals shall include provisions to ensure that, to the extent feasible, any prescriptions provided for under such grant or contract are filled by providing the generic form of the drug involved, unless the nongeneric form of the drug is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed. ``(b) In this section: ``(1) The term `generic form of the drug' means a drug that is the subject of an application approved under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)), for which the Secretary has made a determination that the drug is the therapeutic equivalent of a listed drug under section 505(j)(5)(E) of that Act (21 U.S.C. 355(j)(5)(E)). ``(2) The term `nongeneric form of the drug' means a drug that is the subject of an application approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)).''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 102. APPLICATION TO FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p) To the extent feasible, if a contract under this chapter provides for the provision of, the payment for, or the reimbursement of the cost of any prescription drug, the carrier shall provide, pay, or reimburse the cost of the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), except, if the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply to any drug furnished during contract years beginning on or after January 1, 2001. SEC. 103. APPLICATION TO MEDICARE PROGRAM. (a) In General.--Section 1861(t) of the Social Security Act (42 U.S.C. 1395x(t)) is amended by adding at the end the following new paragraph: ``(3) For purposes of paragraph (1), the term `drugs' means, to the extent feasible, the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of such drug (as defined in section 247(b)(2) of such Act) is-- ``(A) specifically ordered by the health care provider; or ``(B) requested by the individual to whom the drug is provided.''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. (2) Medicare+choice plans.--In the case of a Medicare+Choice plan offered by a Medicare+Choice organization under part C of title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et seq.), the amendment made by this section shall apply to any drug furnished during contract years beginning on or after January 1, 2001. SEC. 104. APPLICATION TO MEDICAID PROGRAM. (a) In General.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (64), by striking ``and'' at the end; (2) in paragraph (65), by striking the period at the end and inserting ``; and''; and (3) by adding the following new paragraph: ``(66) provide that the State shall, in conjunction with the program established under section 1927(g), to the extent feasible, provide for the use of a generic form of a drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act is-- ``(A) specifically ordered by the provider; or ``(B) requested by the individual to whom the drug is provided.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished under State plans that are approved or renewed on or after the date of enactment of this Act. SEC. 105. APPLICATION TO INDIAN HEALTH SERVICE. (a) In General.--Title II of the Indian Health Care Improvement Act (25 U.S.C. 1621 et seq.) is amended by adding at the end the following new subsection: ``SEC. 225. USE OF GENERIC DRUGS ENCOURAGED. ``In providing health care items or services under this Act, the Indian Health Service shall ensure that, to the extent feasible, any prescriptions that are provided for under this Act are filled by providing the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act) involved, unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 106. APPLICATION TO VETERANS PROGRAMS. (a) Use of Generic Drugs Encouraged.--Subchapter III of chapter 17 of title 38, United States Code, is amended by inserting after section 1722A the following new section: ``Sec. 1722B. Use of generic drugs encouraged ``When furnishing a prescription drug under this chapter, the Secretary shall furnish a generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1722A the following new item: ``1722B. Use of generic drugs encouraged.''. (c) Effective Date.--The amendments made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 107. APPLICATION TO RECIPIENTS OF UNIFORMED SERVICES HEALTH CARE. (a) Use of Generic Drugs Encouraged.--Chapter 55 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1110. Use of generic drugs encouraged ``The Secretary of Defense shall ensure that, whenever feasible, each health care provider who furnishes a drug furnishes the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(1) specifically ordered by the prescribing provider; or ``(2) requested by the individual for whom the drug is prescribed.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1109 the following new item: ``1110. Use of generic drugs encouraged.''. (c) Effective Date.--The amendments made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. SEC. 108. APPLICATION TO FEDERAL PRISONERS. (a) In General.--Section 4006(b) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(3) Use of generic drugs encouraged.--The Attorney General shall ensure that, whenever feasible, each health care provider who furnishes a drug to a prisoner charged with or convicted of an offense against the United States furnishes the generic form of the drug (as defined in section 247(b)(1) of the Public Health Service Act), unless the nongeneric form of the drug (as defined in section 247(b)(2) of such Act) is-- ``(A) specifically ordered by the prescribing provider; or ``(B) requested by the prisoner for whom the drug is prescribed.''. (b) Effective Date.--The amendment made by this section shall apply with respect to any drug furnished on or after the date of enactment of this Act. TITLE II--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS SEC. 201. THERAPEUTIC EQUIVALENCE OF GENERIC DRUGS. (a) In General.--Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended-- (1) in paragraph (5), by adding at the end the following new subparagraph: ``(E)(i) For each abbreviated application filed under paragraph (1), the Secretary shall determine whether the new drug for which the application is filed is the therapeutic equivalent of the listed drug referred to in paragraph (2)(A)(i) prior to the approval of the application. ``(ii) For purposes of clause (i), a new drug is the therapeutic equivalent of a listed drug if-- ``(I) each active ingredient of the new drug and the listed drug is the same; ``(II) the new drug and the listed drug (aa) are of the same dosage form; (bb) have the same route of administration; (cc) are identical in strength or concentration; (dd) meet the same compendial or other applicable standards, except that the drugs may differ in shape, scoring, configuration, packaging, excipient, expiration time, or, subject to paragraph (2)(A)(v), labeling; and (ee) are expected to have the same clinical effect and safety profile when administered to patients under conditions specified in the labeling; and ``(III) the new drug does not (aa) present a known or potential bioequivalence problem and meets an acceptable in vitro standard; or (bb) if the new drug presents a known or potential bioequivalence problem, the drug is shown to meet an appropriate bioequivalence standard. ``(iii) With respect to a new drug for which an abbreviated application is filed under paragraph (1), the provisions of this subparagraph shall supersede any provisions of the law of any State relating to the determination of the therapeutic equivalence of the drug to a listed drug.''; and (2) in paragraph (7)(A), by adding at the end the following: ``(iv) The Secretary shall include in each revision of the list under clause (ii) on or after the date of enactment of this clause the official and proprietary name of each listed drug that is therapeutically equivalent to a new drug approved under this subsection during the preceding 30-day period, as determined under paragraph (5)(E).''. (b) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. TITLE III--GENERIC PHARMACEUTICALS AND MEDICARE REFORM SEC. 301. SENSE OF THE SENATE REGARDING A PREFERENCE FOR THE USE OF GENERIC PHARMACEUTICALS UNDER THE MEDICARE PROGRAM. It is the sense of the Senate that legislative language requiring, to the extent feasible, a preference for the safe and cost-effective use of generic pharmaceuticals should be considered in conjunction with any legislation that adds a comprehensive prescription drug benefit to the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).

Makes similar changes under the Federal Employee Health Benefits program, Medicare program, Medicaid program, and programs affecting Indians, veterans, the uniformed services, and prisoners. Title II: Therapeutic Equivalence Requirements for Generic Drugs - Amends the Federal Food, Drug, and Cosmetic Act to require that for each abbreviated drug application file there shall be a determination as to whether the new drug for which the application is filed is the therapeutic equivalent of a listed drug prior to the approval of the application. Title III: Generic Pharmaceuticals and Medicare Reform - Expresses the sense of the Senate that legislative language requiring, to the extent feasible, a preference for the safe and cost-effective use of generic pharmaceuticals should be considered in conjunction with any legislation that adds a comprehensive prescription drug benefit to the Medicare program.

Generic Pharmaceutical Access and Choice for Consumers Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homebuyer Tax Credit Improvement Act of 2009''. SEC. 2. PROVISIONS TO ENHANCE THE ADMINISTRATION OF THE FIRST-TIME HOMEBUYER TAX CREDIT. (a) Age Limitation.-- (1) In general.--Subsection (b) of section 36 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Age limitation.--No credit shall be allowed under subsection (a) with respect to the purchase of any residence unless the taxpayer has attained age 18 as of the date of such purchase. In the case of any taxpayer who is married (within the meaning of section 7703), the taxpayer shall be treated as meeting the age requirement of the preceding sentence if the taxpayer or the taxpayer's spouse meets such age requirement.''. (2) Conforming amendment.--Subsection (g) of section 36 of such Code is amended by striking ``subsections (c) and (f)(4)(D)'' and inserting ``subsection (b)(3), (c), and (f)(4)(D)''. (b) Documentation Requirement.--Subsection (d) of section 36 of such Code is amended by striking ``or'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, or'', and by adding at the end the following new paragraph: ``(3) the taxpayer fails to attach to the return of tax for such taxable year a properly executed copy of the settlement statement used to complete such purchase.''. (c) Restriction on Married Individual Acquiring Residence From Family of Spouse.--Clause (i) of section 36(c)(3)(A) of such Code is amended by inserting ``(or, if married, such individual's spouse)'' after ``person acquiring such property''. (d) Certain Errors With Respect to the First-Time Homebuyer Tax Credit Treated as Mathematical or Clerical Errors.--Paragraph (2) of section 6213(g) of such Code is amended by striking ``and'' at the end of subparagraph (M), by striking the period at the end of subparagraph (N) and inserting ``, and'', and by inserting after subparagraph (N) the following new subparagraph: ``(O) an entry on a return claiming the credit under section 36 if-- ``(i) the Secretary obtains information from the person issuing the TIN of the taxpayer that indicates that the taxpayer does not meet the age requirement of section 36(b)(3), ``(ii) information provided to the Secretary by the taxpayer on an income tax return for at least one of the 2 preceding taxable years is inconsistent with eligibility for such credit, or ``(iii) the taxpayer fails to attach to the return the form described in section 36(d)(3).''. (e) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to purchases after the date of the enactment of this Act. (2) Documentation requirement.--The amendments made by subsection (b) shall apply to returns for taxable years ending after the date of the enactment of this Act. (3) Treatment as mathematical and clerical errors.--The amendments made by subsection (d) shall apply to returns for taxable years ending on or after April 9, 2008. SEC. 3. CERTAIN TAX RETURN PREPARERS REQUIRED TO FILE RETURNS ELECTRONICALLY. (a) In General.--Subsection (e) of section 6011 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Special rule for tax return preparers.-- ``(A) In general.--The Secretary shall require than any individual income tax return prepared by a tax return preparer be filed on magnetic media if-- ``(i) such return is filed by such tax return preparer, and ``(ii) such tax return preparer is a specified tax return preparer for the calendar year during which such return is filed. ``(B) Specified tax return preparer.--For purposes of this paragraph, the term `specified tax return preparer' means, with respect to any calendar year, any tax return preparer unless such preparer reasonably expects to file 100 or fewer individual income tax returns during such calendar year. ``(C) Individual income tax return.--For purposes of this paragraph, the term `individual income tax return' means any return of the tax imposed by subtitle A on individuals, estates, or trusts.''. (b) Conforming Amendment.--Paragraph (1) of section 6011(e) of such Code is amended by striking ``The Secretary may not'' and inserting ``Except as provided in paragraph (3), the Secretary may not''. (c) Effective Date.--The amendments made by this section shall apply to returns filed after December 31, 2010.

Homebuyer Tax Credit Improvement Act of 2009 - Amends the Internal Revenue Code, with respect to the first-time homebuyer tax credit, to: (1) deny such credit to taxpayers under the age of 18; (2) require a taxpayer claiming such credit to attach to their returns a properly executed copy of the settlement statement used to purchase their residence; and (3) prohibit a credit for residences acquired from a spouse. Requires tax return preparers to file tax returns electronically unless they reasonably expect to file 100 or fewer individual income returns in a calendar year.

To amend the Internal Revenue Code of 1986 to enhance the administration of, and reduce fraud related to, the first-time homebuyer tax credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Device Recycling Research and Development Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The volume of electronic devices in the United States is substantial and will continue to grow. The Environmental Protection Agency estimates that over 2 billion computers, televisions, wireless devices, printers, gaming systems, and other devices have been sold since 1980, generating 2 million tons of unwanted electronic devices in 2005 alone. (2) Electronic devices can be recycled or refurbished to recover and conserve valuable materials, such as gold, copper, and platinum. However, according to the Environmental Protection Agency, only 15 to 20 percent of electronic devices discarded from households reach recyclers. (3) The electronic device recycling industry in the United States is growing; however, challenges remain for the recycling of electronic devices by households and other small generators. Collection of such electronic devices is expensive, and separation and proper recycling of some of the materials recovered, like lead from cathode-ray tube televisions, is costly. (4) The export of unwanted electronic devices to developing countries also presents a serious challenge. The crude methods of many of the recycling operations in these countries can expose workers to harmful chemicals, jeopardizing their health and polluting the environment. (5) Some of the challenges to increasing the recyclability of electronic devices can be addressed by improving the logistics and technology of the collection and recycling process, designing electronic devices to avoid the use of hazardous materials and to be more easily recycled, and encouraging the use of recycled materials in more applications. (6) The public currently does not take full advantage of existing electronic device recycling opportunities. Studying factors that influence behavior and educating consumers about responsible electronic device recycling could help communities and private industry develop recycling programs that draw more participation. (7) The development of tools and technologies to increase the lifespan of electronic devices and to promote their safe reuse would decrease the impact of the production of electronic devices on the environment and likely increase the recyclability of such devices. (8) Accurately assessing the environmental impacts of the production of electronic devices and the recycling of such devices is a complex task. Data, tools, and methods to better quantify these impacts would help policymakers and others determine the best end-of-life management options for electronic devices. SEC. 3. ELECTRONIC DEVICE ENGINEERING RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROJECTS. (a) In General.--The Administrator shall award multiyear grants to consortia to conduct research to create innovative and practical approaches to manage the environmental impacts of electronic devices and, through the conduct of this research, to contribute to the professional development of scientists, engineers, and technicians in the fields of electronic device manufacturing, design, refurbishing, and recycling. The grants awarded under this section shall support research to-- (1) increase the efficiency of and improve electronic device collection and recycling; (2) expand the uses and applications for materials recovered from electronic devices; (3) develop and demonstrate environmentally friendly alternatives to the use of hazardous and potentially hazardous materials in electronic devices and the production of such devices; (4) develop methods to identify, separate, and remove hazardous and potentially hazardous materials from electronic devices and to reuse, recycle, or dispose of such materials in a safe manner; (5) reconsider product design and assembly to facilitate and improve refurbishment, reuse, and recycling of electronic devices, including an emphasis on design for recycling; (6) conduct lifecycle analyses of electronic devices, including developing tools and methods to assess the environmental impacts of the production, use, and end-of-life management of electronic devices and electronic device components; (7) develop product design, tools, and techniques to extend the lifecycle of electronic devices, including methods to promote their upgrade and safe reuse; and (8) identify the social, behavioral, and economic barriers to recycling and reuse for electronic devices and develop strategies to increase awareness, consumer acceptance, and the practice of responsible recycling and reuse for such devices. (b) Merit Review; Competition.--Grants shall be awarded under this section on a merit-reviewed, competitive basis. (c) Applications.--A consortium shall submit an application for a grant under this section to the Administrator at such time, in such manner, and containing such information and assurances as the Administrator may require. The application shall include a description of-- (1) the research project that will be undertaken by the consortium and the contributions of each of the participating entities, including the for-profit entity; (2) the applicability of the project to reduce impediments to electronic device recycling in the electronic device design, manufacturing, refurbishing, or recycling industries; (3) the potential for and feasibility of incorporating the research results into industry practice; and (4) how the project will promote collaboration among scientists and engineers from different disciplines, such as electrical engineering, materials science, and social science. (d) Dissemination of Research Results.--Research results shall be made publicly available through-- (1) development of best practices or training materials for use in the electronic device manufacturing, design, refurbishing, or recycling industries; (2) dissemination at conferences affiliated with such industries; (3) publication on the Environmental Protection Agency's Web site; (4) demonstration projects; or (5) educational materials for the public produced in conjunction with State governments, local governments, or nonprofit organizations on problems and solutions related to electronic device recycling and reuse. (e) Funding Contribution From For-Profit Member of Consortium.--The for-profit entity participating in the consortium shall contribute at least 10 percent of the total research project cost, either directly or with in-kind contributions. (f) Protection of Proprietary Information.--The Administrator-- (1) shall not disclose any proprietary information or trade secrets provided by any person or entity pursuant to this section; (2) shall ensure that, as a condition of receipt of a grant under this section, each member of the consortium has in place proper protections to maintain proprietary information or trade secrets contributed by other members of the consortium; and (3) if any member of the consortium breaches the conditions under paragraph (2) or discloses proprietary information or trade secrets, may require the return of any funds received under this section by such member. (g) Biennial Report.--Within 2 years after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall transmit a report to Congress that provides-- (1) a list of the grants awarded under this section; (2) the entities participating in each consortium receiving a grant; (3) a description of the research projects carried out in whole or in part with funds made available under such a grant; (4) the results of such research projects; and (5) a description of the rate and success of the adoption or integration of such research results into the manufacturing processes, management practices, and products of the electronics industry. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator to carry out this section: (1) $18,000,000 for fiscal year 2010. (2) $20,000,000 for fiscal year 2011. (3) $22,000,000 for fiscal year 2012. SEC. 4. NATIONAL ACADEMY OF SCIENCES REPORT ON ELECTRONIC DEVICE RECYCLING. (a) In General.--In order to better recognize gaps and opportunities in the research and training programs established in this Act, the Administrator shall enter into an arrangement with the National Academy of Sciences for a report, to be transmitted to Congress not later than 1 year after the date of enactment of this Act, on-- (1) opportunities for and barriers to-- (A) increasing the recyclability of electronic devices, specifically addressing-- (i) recycling or safe disposal of electronic devices and low value materials recovered from such devices; (ii) designing electronic devices to facilitate reuse and recycling; and (iii) the reuse of electronic devices; and (B) making electronic devices safer and more environmentally friendly, specifically addressing reducing the use of hazardous materials and potentially hazardous materials in electronic devices; (2) the environmental and human health risks posed by the storage, transport, recycling, and disposal of unwanted electronic devices; (3) the current status of research and training programs to promote the environmental design of electronic devices to increase the recyclability of such devices; and (4) any regulatory or statutory barriers that may prevent the adoption or implementation of best management practices or technological innovations that may arise from the research and training programs established in this Act. (b) Recommendations.--The report under subsection (a) shall identify gaps in the current research and training programs in addressing the opportunities, barriers, and risks relating to electronic device recycling, and the report shall recommend areas where additional research and development resources are needed to reduce the impact of unwanted electronic devices on the environment. SEC. 5. ENGINEERING CURRICULUM DEVELOPMENT GRANTS. (a) Grant Program.--The Administrator, in consultation with the Director of the National Science Foundation, shall award grants to institutions of higher education to develop curricula that incorporates the principles of environmental design into the development of electronic devices-- (1) for the training of electrical, mechanical, industrial, manufacturing, materials, and software engineers and other students at the undergraduate and graduate level; and (2) to support the continuing education of professionals in the electronic device manufacturing, design, refurbishing, or recycling industries. (b) Eligible Entities.--The term ``institution of higher education'', as such term is used with respect to eligibility to receive a grant under subsection (a)(2), includes any institution of higher education under section 101(b) of the Higher Education Act of 1965 (20 U.S.C. 1001(b)). (c) Outreach to Minority Serving Institutions.--The Administrator shall conduct outreach to minority serving institutions for the purposes of providing information on the grants available under this section and how to apply for such grants. (d) Merit Review; Competition.--Grants shall be awarded under this section on a merit-reviewed, competitive basis. (e) Use of Funds.--Grants awarded under this section shall be used for activities that enhance the ability of an institution of higher education to broaden the undergraduate and graduate-level engineering curriculum or professional continuing education curriculum to include environmental engineering design principles and consideration of product lifecycles related to electronic devices and increasing the recyclability of such devices. Activities may include-- (1) developing and revising curriculum to include multidisciplinary elements; (2) creating research and internship opportunities for students through partnerships with industry, nonprofit organizations, or government agencies; (3) creating and establishing certificate programs; and (4) developing curricula for short courses and continuing education for professionals in the environmental design of electronic devices to increase the recyclability of such devices. (f) Application.--An institution of higher education seeking a grant under this section shall submit an application to the Administrator at such time, in such manner, and with such information and assurances as the Administrator may require. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator to carry out this section: (1) $5,000,000 for fiscal year 2010. (2) $5,150,000 for fiscal year 2011. (3) $5,304,000 for fiscal year 2012. SEC. 6. ENVIRONMENTALLY FRIENDLY ALTERNATIVE MATERIALS PHYSICAL PROPERTY DATABASE. (a) In General.--The Director shall establish an initiative to develop a comprehensive physical property database for environmentally friendly alternative materials for use in electronic devices. (b) Priorities.--The Director, working with the electronic device design, manufacturing, or recycling industries, shall develop a strategic plan to establish priorities and the physical property characterization requirements for the database described in subsection (a). (c) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator to carry out this section: (1) $3,000,000 for fiscal year 2010. (2) $3,000,000 for fiscal year 2011. (3) $3,000,000 for fiscal year 2012. SEC. 7. DEFINITIONS. For the purposes of this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Consortium.--The term ``consortium'' means a grant applicant or recipient under section 3(a) that includes-- (A) at least one institution of higher education, nonprofit research institution, or government laboratory; and (B) at least one for-profit entity, including a manufacturer, designer, refurbisher, or recycler of electronic devices or the components of such devices. (3) Director.--The term ``Director'' means the Director of the National Institute of Standards and Technology. (4) Electronic device.--The term ``electronic device'' may include computers, computer monitors, televisions, laptops, printers, wireless devices, copiers, fax machines, stereos, video gaming systems, and the components of such devices. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (6) Minority serving institution.--The term ``minority serving institution'' means an institution that is an eligible institution under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). Passed the House of Representatives April 22, 2009. Attest: LORRAINE C. MILLER, Clerk.

Electronic Device Recycling Research and Development Act - (Sec. 3) Requires the Administrator of the Environmental Protection Agency (EPA) to award multiyear grants through a competitive, merit-based process to consortia: (1) to conduct research to create innovative and practical approaches to manage the environmental impacts of electronic devices through recycling, reuse, reduction of the use of hazardous materials, and life-cycle extension; and (2) through such research, to contribute to the professional development of scientists, engineers, and technicians in the fields of electronic device manufacturing, design, refurbishing, and recycling. Sets forth the ways in which research results shall be disseminated to the public. Provides for the protection of proprietary information of trade secrets provided by any person or entity pursuant to this Act. Requires the Administrator to report to Congress biennially on the grants awarded and the results of research projects carried out under such grants. (Sec. 4) Requires the Administrator to enter into an arrangement for the National Academy of Sciences to report to Congress on: (1) opportunities for, and barriers to, increasing the recyclability of electronic devices and making electronic devises safer and more environmentally friendly; (2) the risks posed by the storage, transport, recycling, and disposal of unwanted electronic devices; (3) the current status of research and training programs to promote the environmental design of electronic devices to increase the recyclability of such devices; and (4) regulatory or statutory barriers that may prevent the adoption or implementation of best management practices or technological innovations that may arise from the research and training programs established in this Act. Requires such reports to: (1) identify gaps in the current research and training programs in addressing the opportunities, barriers, and risks relating to electronic device recycling; and (2) recommend areas where additional research and development resources are needed to reduce the impact of unwanted electronic devices on the environment. (Sec. 5) Requires the Administrator to award grants through a competitive, merit-based process to institutions of higher education to develop curricula that incorporates the principles of environmental design into the development of electronic devices: (1) for the training of engineers and other students; and (2) to support the continuing education of professionals in the electronic device manufacturing, design, refurbishing, or recycling industries. Requires: (1) the Administrator to conduct outreach to minority serving institutions to provide information about the grants; and (2) such grants to be used for activities that enhance the ability of an institution to broaden the engineering or professional continuing education curriculum to include environmental engineering design principles and consideration of product lifecycles related to electronic devices and increasing the recyclability of such devices. (Sec. 6) Requires the Director of the National Institute of Standards and Technology (NIST) to: (1) establish an initiative to develop a comprehensive physical property database for environmentally friendly alternative materials for use in electronic devices; and (2) develop a strategic plan to establish priorities and physical property characterization requirements for the database. Authorizes appropriations.

To authorize the Administrator of the Environmental Protection Agency to award grants for electronic device recycling research, development, and demonstration projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Freedom of Information Act Amendments of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the purpose of section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, is to require agencies of the Federal Government to make certain agency information available for public inspection and copying and to establish and enable enforcement of the right of any person to obtain access to the records of such agencies, subject to statutory exemptions, for any public or private purpose; (2) since the enactment of the Freedom of Information Act in 1966, and the amendments enacted in 1974 and 1986, the Freedom of Information Act has been a valuable means through which any person can learn how the Federal Government operates; (3) the Freedom of Information Act has led to the disclosure of waste, fraud, abuse, and wrongdoing in the Federal Government; (4) the Freedom of Information Act has led to the identification of unsafe consumer products, harmful drugs, and serious health hazards; (5) Government agencies increasingly use computers to conduct agency business and to store publicly valuable agency records and information; and (6) Government agencies should use new technology to enhance public access to agency records and information. (b) Purposes.--The purposes of this Act are to-- (1) foster democracy by ensuring public access to agency records and information; (2) improve public access to agency records and information; (3) ensure agency compliance with statutory time limits; and (4) maximize the usefulness of agency records and information collected, maintained, used, retained, and disseminated by the Federal Government. SEC. 3. APPLICATION OF REQUIREMENTS TO ELECTRONIC FORMAT INFORMATION. Section 552(f) of title 5, United States Code, is amended to read as follows: ``(f) For purposes of this section, the term-- ``(1) `agency' as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; and ``(2) `record' and any other term used in this section in reference to information includes any information that would be an agency record subject to the requirements of this section when maintained by an agency in any format, including an electronic format.''. SEC. 4. INFORMATION MADE AVAILABLE IN ELECTRONIC FORMAT AND INDEXATION OF RECORDS. Section 552(a)(2) of title 5, United States Code, is amended-- (1) in the second sentence, by striking ``or staff manual or instruction'' and inserting ``staff manual, instruction, or copies of records referred to in subparagraph (D)''; (2) by inserting before the period at the end of the third sentence the following: ``, and the extent of such deletion shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the exemption in subsection (b) under which the deletion is made''; (3) by inserting after the third sentence the following: ``If technically feasible, the extent of the deletion shall be indicated at the place in the record where the deletion was made.''; (4) in subparagraph (B), by striking ``and'' after the semicolon; (5) by inserting after subparagraph (C) the following: ``(D) copies of all records, regardless of form or format, which have been released to any person under paragraph (3) and which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; and ``(E) a general index of the records referred to under subparagraph (D);''; (6) by inserting after the fifth sentence the following: ``Each agency shall make the index referred to in subparagraph (E) available by computer telecommunications by December 31, 1999.''; and (7) by inserting after the first sentence the following: ``For records created on or after November 1, 1996, within one year after such date, each agency shall make such records available, including by computer telecommunications or, if computer telecommunications means have not been established by the agency, by other electronic means.''. SEC. 5. HONORING FORM OR FORMAT REQUESTS. Section 552(a)(3) of title 5, United States Code, is amended-- (1) by inserting ``(A)'' after ``(3)''; (2) by striking ``(A)'' the second place it appears and inserting ``(i)''; (3) by striking ``(B)'' and inserting ``(ii)''; and (4) by adding at the end the following new subparagraphs: ``(B) In making any record available to a person under this paragraph, an agency shall provide the record in any form or format requested by the person if the record is readily reproducible by the agency in that form or format. Each agency shall make reasonable efforts to maintain its records in forms or formats that are reproducible for purposes of this section. ``(C) In responding under this paragraph to a request for records, an agency shall make reasonable efforts to search for the records in electronic form or format, except when such efforts would significantly interfere with the operation of the agency's automated information system. ``(D) For purposes of this paragraph, the term `search' means to review, manually or by automated means, agency records for the purpose of locating those records which are responsive to a request.''. SEC. 6. STANDARD FOR JUDICIAL REVIEW. Section 552(a)(4)(B) of title 5, United States Code, is amended by adding at the end the following new sentence: ``In addition to any other matters to which a court accords substantial weight, a court shall accord substantial weight to an affidavit of an agency concerning the agency's determination as to technical feasibility under paragraph (2)(C) and subsection (b) and reproducibility under paragraph (3)(B).''. SEC. 7. ENSURING TIMELY RESPONSE TO REQUESTS. (a) Multitrack Processing.--Section 552(a)(6) of title 5, United States Code, is amended by adding at the end the following new subparagraph: ``(D)(i) Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing for multitrack processing of requests for records based on the amount of work or time (or both) involved in processing requests. ``(ii) Regulations under this subparagraph may provide a person making a request that does not qualify for the fastest multitrack processing an opportunity to limit the scope of the request in order to qualify for faster processing. ``(iii) This subparagraph shall not be considered to affect the requirement under subparagraph (C) to exercise due diligence.''. (b) Unusual Circumstances.--Section 552(a)(6)(B) of title 5, United States Code, is amended to read as follows: ``(B)(i) In unusual circumstances as specified in this subparagraph, the time limits prescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth the unusual circumstances for such extension and the date on which a determination is expected to be dispatched. No such notice shall specify a date that would result in an extension for more than ten working days, except as provided in clause (ii) of this subparagraph. ``(ii) With respect to a request for which a written notice under clause (i) extends the time limits prescribed under clause (i) of subparagraph (A), the agency shall notify the person making the request if the request cannot be processed within the time limit specified in that clause and shall provide the person an opportunity to limit the scope of the request so that it may be processed within that time limit or an opportunity to arrange with the agency an alternative time frame for processing the request or a modified request. Refusal by the person to reasonably modify the request or arrange such an alternative time frame shall be considered as a factor in determining whether exceptional circumstances exist for purposes of subparagraph (C). ``(iii) As used in this subparagraph, `unusual circumstances' means, but only to the extent reasonably necessary to the proper processing of the particular requests-- ``(I) the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; ``(II) the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or ``(III) the need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject- matter interest therein. ``(iv) Each agency may promulgate regulations, pursuant to notice and receipt of public comment, providing for the aggregation of certain requests by the same requestor, or by a group of requestors acting in concert, if the agency reasonably believes that such requests actually constitute a single request, which would otherwise satisfy the unusual circumstances specified in this subparagraph, and the requests involve clearly related matters. Multiple requests involving unrelated matters shall not be aggregated.''. (c) Exceptional Circumstances.--Section 552(a)(6)(C) of title 5, United States Code, is amended by inserting ``(i)'' after ``(C)'', and by adding at the end the following new clauses: ``(ii) For purposes of this subparagraph, the term `exceptional circumstances' does not include a delay that results from a predictable agency workload of requests under this section, unless the agency demonstrates reasonable progress in reducing its backlog of pending requests. ``(iii) Refusal by a person to reasonably modify the scope of a request or arrange an alternative time frame for processing a request (or a modified request) under clause (ii) after being given an opportunity to do so by the agency to whom the person made the request shall be considered as a factor in determining whether exceptional circumstances exist for purposes of this subparagraph.''. SEC. 8. TIME PERIOD FOR AGENCY CONSIDERATION OF REQUESTS. (a) Expedited Processing.--Section 552(a)(6) of title 5, United States Code (as amended by section 7(a) of this Act), is further amended by adding at the end the following new subparagraph: ``(E)(i) Each agency shall promulgate regulations, pursuant to notice and receipt of public comment, providing for expedited processing of requests for records-- ``(I) in cases in which the person requesting the records demonstrates a compelling need; and ``(II) in other cases determined by the agency. ``(ii) Notwithstanding clause (i), regulations under this subparagraph must ensure-- ``(I) that a determination of whether to provide expedited processing shall be made, and notice of the determination shall be provided to the person making the request, within 10 days after the date of the request; and ``(II) expeditious consideration of administrative appeals of such determinations of whether to provide expedited processing. ``(iii) An agency shall process as soon as practicable any request for records to which the agency has granted expedited processing under this subparagraph. Agency action to deny or affirm denial of a request for expedited processing pursuant to this subparagraph, and failure by an agency to respond in a timely manner to such a request shall be subject to judicial review under paragraph (4), except that the judicial review shall be based on the record before the agency at the time of the determination. ``(iv) A district court of the United States shall not have jurisdiction to review an agency denial of expedited processing of a request for records after the agency has provided a complete response to the request. ``(v) For purposes of this subparagraph, the term `compelling need' means-- ``(I) that a failure to obtain requested records on an expedited basis under this paragraph could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or ``(II) with respect to a request made by a person primarily engaged in disseminating information, urgency to inform the public concerning actual or alleged Federal Government activity. ``(vi) A demonstration of a compelling need by a person making a request for expedited processing shall be made by a statement certified by such person to be true and correct to the best of such person's knowledge and belief.''. (b) Extension of General Period for Determining Whether To Comply With a Request.--Section 552(a)(6)(A)(i) of title 5, United States Code, is amended by striking ``ten days'' and inserting ``20 days''. (c) Estimation of Matter Denied.--Section 552(a)(6) of title 5, United States Code (as amended by section 7 of this Act and subsection (a) of this section), is further amended by adding at the end the following new subparagraph: ``(F) In denying a request for records, in whole or in part, an agency shall make a reasonable effort to estimate the volume of any requested matter the provision of which is denied, and shall provide any such estimate to the person making the request, unless providing such estimate would harm an interest protected by the exemption in subsection (b) pursuant to which the denial is made.''. SEC. 9. COMPUTER REDACTION. Section 552(b) of title 5, United States Code, is amended in the matter following paragraph (9) by inserting after the period the following: ``The amount of information deleted shall be indicated on the released portion of the record, unless including that indication would harm an interest protected by the exemption in this subsection under which the deletion is made. If technically feasible, the amount of the information deleted shall be indicated at the place in the record where such deletion is made.''. SEC. 10. REPORT TO THE CONGRESS. Section 552(e) of title 5, United States Code, is amended to read as follows: ``(e)(1) On or before February 1 of each year, each agency shall submit to the Attorney General of the United States a report which shall cover the preceding fiscal year and which shall include-- ``(A) the number of determinations made by the agency not to comply with requests for records made to such agency under subsection (a) and the reasons for each such determination; ``(B)(i) the number of appeals made by persons under subsection (a)(6), the result of such appeals, and the reason for the action upon each appeal that results in a denial of information; and ``(ii) a complete list of all statutes that the agency relies upon to authorize the agency to withhold information under subsection (b)(3), a description of whether a court has upheld the decision of the agency to withhold information under each such statute, and a concise description of the scope of any information withheld; ``(C) the number of requests for records pending before the agency as of September 30 of the preceding year, and the median number of days that such requests had been pending before the agency as of that date; ``(D) the number of requests for records received by the agency and the number of requests which the agency processed; ``(E) the median number of days taken by the agency to process different types of requests; ``(F) the total amount of fees collected by the agency for processing requests; and ``(G) the number of full-time staff of the agency devoted to processing requests for records under this section, and the total amount expended by the agency for processing such requests. ``(2) Each agency shall make each such report available to the public including by computer telecommunications, or if computer telecommunications means have not been established by the agency, by other electronic means. ``(3) The Attorney General of the United States shall make each report which has been made available by electronic means available at a single electronic access point. The Attorney General of the United States shall notify the Chairman and ranking minority member of the Committee on Government Reform and Oversight of the House of Representatives and the Chairman and ranking minority member of the Committees on Governmental Affairs and the Judiciary of the Senate, no later than April 1 of the year in which each such report is issued, that such reports are available by electronic means. ``(4) The Attorney General of the United States, in consultation with the Director of the Office of Management and Budget, shall develop reporting and performance guidelines in connection with reports required by this subsection by October 1, 1997, and may establish additional requirements for such reports as the Attorney General determines may be useful. ``(5) The Attorney General of the United States shall submit an annual report on or before April 1 of each calendar year which shall include for the prior calendar year a listing of the number of cases arising under this section, the exemption involved in each case, the disposition of such case, and the cost, fees, and penalties assessed under subparagraphs (E), (F), and (G) of subsection (a)(4). Such report shall also include a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section.''. SEC. 11. REFERENCE MATERIALS AND GUIDES. Section 552 of title 5, United States Code, is amended by adding after subsection (f) the following new subsection: ``(g) The head of each agency shall prepare and make publicly available upon request, reference material or a guide for requesting records or information from the agency, subject to the exemptions in subsection (b), including-- ``(1) an index of all major information systems of the agency; ``(2) a description of major information and record locator systems maintained by the agency; and ``(3) a handbook for obtaining various types and categories of public information from the agency pursuant to chapter 35 of title 44, and under this section.''. SEC. 12. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act shall take effect 180 days after the date of the enactment of this Act. (b) Provisions Effective on Enactment.--Sections 7 and 8 shall take effect one year after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Electronic Freedom of Information Act Amendments of 1996 - Amends the Freedom of Information Act (FOIA) to define "record" to mean information maintained by an agency, as a required agency record, in any format, including an electronic format. (Sec. 4) Revises provisions which permit an agency to delete identifying details when it makes available or publishes specified information so as to permit such deletions in copies of all records. Requires that the extent of such deletion shall be indicated on the portion of the record which is made available or published, unless including that indication would harm an interest protected by the current exemptions (concerning exemptions relating to national security, trade secrets, personal medical files, and etc.) under which the deletion is made. Requires an agency to make available for public inspection and copying: (1) copies of all records, regardless of form or format, which have been released to an individual and which, because of the nature of their subject matter, have become or are likely to become the subject of subsequent requests for substantially the same records; (2) a general index of such records, which shall be made available electronically by December 31, 1999; and (3) within one year after November 1, 1996, by computer telecommunications or other electronic means, those records created on or after November 1, 1996. (Sec. 5) Requires that an agency in responding to a request for records shall make reasonable efforts to search for the records in electronic form or format, except when such efforts would significantly interfere with the operation of the agency's automated information system. (Sec. 6) Provides that, respecting a standard for judicial review, in addition to any other matters to which a court accords substantial weight, a court shall accord substantial weight to an affidavit of an agency concerning the agency's determination as to technical feasibility and reproducibility. (Sec. 7) Authorizes each agency to promulgate regulations, pursuant to notice and receipt of public comment, providing for: (1) multitrack processing of requests for records based on the amount of work or time (or both) involved in processing requests; and (2) an opportunity for an individual making a request that does not qualify for the fastest multitrack processing to limit the scope of the request in order to qualify for faster processing. Directs that the agency, with respect to a request for which a written notice in the case of unusual circumstances extends the time limits prescribed, shall: (1) notify the requestor if the request cannot be processed within the time limit; and (2) provide the requestor an opportunity to limit the scope of the request so that it may be processed within that time limit or to arrange with the agency an alternative time frame for processing the request or a modified request. Authorizes each agency to promulgate regulations, pursuant to notice and receipt of public comment, providing for the aggregation of certain requests by the same requestor, or by a group of requestors acting in concert, if the agency reasonably believes that such requests actually constitute a single request (which would otherwise satisfy requirements for unusual circumstances) and the requests involve clearly related matters. Prohibits the aggregation of multiple requests involving unrelated matters. Prohibits including a delay that results from a predictable agency workload of requests as an exceptional circumstance, unless the agency demonstrates reasonable progress in reducing its backlog of pending requests. Considers as a factor in determining whether exceptional circumstances exist the refusal by an individual to modify the scope of a request or arrange an alternative time frame for processing a request after being given an opportunity to do so by the agency. (Sec. 8) Directs each agency to promulgate regulations, pursuant to notice and receipt of public comment, providing for expedited processing of requests for records. Extends the general period for determining whether to comply with a request from ten to 20 days. (Sec. 9) Requires deletions to be indicated, if technically feasible, on the released portion of the record, unless including that indication would harm an interest protected by the exemption under which the deletion is made. (Sec. 10) Revises FOIA reporting requirements. (Sec. 11) Directs each agency head to make publicly available, upon request, reference material or a guide for requesting records or information from the agency, including: (1) an index of all major information systems of the agency; (2) a description of major information and record locator systems maintained by the agency; and (3) a handbook for obtaining various types and categories of public information from the agency.

Electronic Freedom of Information Act Amendments of 1996

SECTION 1. LIMITED AUTHORITY FOR DEPARTMENT OF DEFENSE PERSONNEL WHO ARE FACULTY MEMBERS AT DEPARTMENT OF DEFENSE SCHOOLS OR OTHER ACADEMIES TO SECURE COPYRIGHTS FOR CERTAIN SCHOLARLY WORKS. (a) Authority.--(1) Chapter 53 of title 10, United States Code, is amended by inserting after section 1033 the following new section: ``Sec. 1033a. Faculty of service academies and Department of Defense professional schools: limited authority to secure copyrights for certain works ``(a) Authority.--Subject to regulations prescribed under subsection (f), a person who is a member of the Army, Navy, Air Force, or Marine Corps, or a civilian employee of the Department of Defense, and is a faculty member of an institution described in subsection (e) may, notwithstanding section 105 or 201(b) of title 17, secure copyright protection under title 17 for a qualifying work, but only for the purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is a requirement for consideration for publication or otherwise as may be prescribed under regulations under this section. ``(b) Qualifying Works.--A work is a qualifying work for purposes of this section if the work-- ``(1) is prepared as part of a person's official duties; and ``(2) meets such criteria as the Secretary of Defense may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted. ``(c) Transfer of Copyright.--Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the person holding the copyright shall transfer the copyright to the owner or publisher of the medium in which the work will be published. ``(d) Royalties, Etc.--No royalties or other compensation may be accepted by a person described in subsection (a) by reason of copyright protection that exists by reason of subsection (a). ``(e) Covered Institutions.--The institutions referred to in subsection (a) are the following: ``(1) The United States Military Academy, United States Naval Academy, and United States Air Force Academy. ``(2) The National Defense University. ``(3) Any war college of the armed forces. ``(4) Any graduate-level college or university of the Department of Defense. ``(5) The Coast Guard Academy. ``(6) The United States Merchant Marine Academy. ``(f) Regulations.--The Secretary of Defense shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured by a person described in subsection (a).''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1033 the following new item: ``1033a. Faculty of service academies and Department of Defense professional schools: limited authority to secure copyrights for certain works.''. (b) Effective Date.--Section 1033a of title 10, United States Code, as added by subsection (a), shall apply only with respect to works that, as determined under regulations prescribed under that section, are produced after the date of the enactment of this Act. (c) Deadline for Regulations.--The Secretary of Defense shall prescribe regulations under subsection (f) of section 1033a of title 10, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act. SEC. 2. LIMITED AUTHORITY FOR FACULTY MEMBERS AT COAST GUARD ACADEMY TO SECURE COPYRIGHTS FOR CERTAIN SCHOLARLY WORKS. (a) Authority.--(1) Chapter 9 of title 14, United States Code, is amended by inserting after section 196 the following new section: ``Sec. 197. Limited authority for faculty members to secure copyrights for certain works ``(a) Authority.--Subject to regulations prescribed under subsection (f), a person who is a member of the Coast Guard, or a civilian employee of the Coast Guard, and is a faculty member of an institution described in subsection (e) may, notwithstanding section 105 or 201(b) of title 17, secure copyright protection under title 17 for a qualifying work, but only for the purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is a requirement for consideration for publication or otherwise as may be prescribed under regulations under this section. ``(b) Qualifying Works.--A work is a qualifying work for purposes of this section if the work-- ``(1) is prepared as part of a person's official duties; and ``(2) meets such criteria as the Secretary may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted. ``(c) Transfer of Copyright.--Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the person holding the copyright shall transfer the copyright to the owner or publisher of the medium in which the work will be published. ``(d) Royalties, Etc.--No royalties or other compensation may be accepted by a person described in subsection (a) by reason of copyright protection that exists by reason of subsection (a). ``(e) Covered Institutions.--The institutions referred to in subsection (a) are the following: ``(1) The Coast Guard Academy. ``(2) The United States Merchant Marine Academy. ``(3) The United States Military Academy, United States Naval Academy, and United States Air Force Academy. ``(4) The National Defense University. ``(5) Any war college of the armed forces. ``(6) Any graduate-level college or university of the Department of Defense. ``(f) Regulations.--The Secretary shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured by a person described in subsection (a).''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 196 the following new item: ``197. Limited authority for faculty members to secure copyrights for certain works.''. (b) Effective Date.--Section 197 of title 14, United States Code, as added by subsection (a), shall apply only with respect to works that, as determined under regulations prescribed under that section, are produced after the date of the enactment of this Act. (c) Deadline for Regulations.--The Secretary of the department in which the Coast Guard is operating shall prescribe regulations under subsection (f) of section 197 of title 14, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act. SEC. 3. LIMITED AUTHORITY FOR FACULTY MEMBERS AT UNITED STATES MERCHANT MARINE ACADEMY TO SECURE COPYRIGHTS FOR CERTAIN WORKS. (a) Authority.-- Title XIII of the Merchant Marine Act, 1936 (46 App. U.S.C. 1295 et seq.) is amended by adding at the end the following new section: ``SEC. 1308. LIMITED AUTHORITY FOR FACULTY MEMBERS TO SECURE COPYRIGHTS FOR CERTAIN WORKS. ``(a) Authority.--Subject to regulations prescribed under subsection (f), a person who is an employee of the Department of Transportation and is a faculty member of an institution described in subsection (e) may, notwithstanding section 105 or 201(b) of title 17, secure copyright protection under title 17 for a qualifying work, but only for the purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is a requirement for consideration for publication or otherwise as may be prescribed under regulations under this section. ``(b) Qualifying Works.--A work is a qualifying work for purposes of this section if the work-- ``(1) is prepared as part of a person's official duties; and ``(2) meets such criteria as the Secretary of Transportation may prescribe by regulation as a scholarly work for which copyright protection as provided in subsection (a) is warranted. ``(c) Transfer of Copyright.--Upon acceptance for publication of a work for which copyright protection exists by reason of subsection (a), the person holding the copyright shall transfer the copyright to the owner or publisher of the medium in which the work will be published. ``(d) Royalties, Etc.--No royalties or other compensation may be accepted by a person described in subsection (a) by reason of copyright protection that exists by reason of subsection (a). ``(e) Covered Institutions.--The institutions referred to in subsection (a) are the following: ``(1) The United States Merchant Marine Academy. ``(2) The Coast Guard Academy. ``(3) The United States Military Academy, United States Naval Academy, and United States Air Force Academy. ``(4) The National Defense University. ``(5) Any war college of the armed forces. ``(6) Any graduate-level college or university of the Department of Defense. ``(f) Regulations.--The Secretary of Transportation shall prescribe regulations for the purposes of this section. Such regulations shall include provisions specifying the types of works for which copyright protection may be secured by a person described in subsection (a).''. (b) Effective Date.--Section 1308 of Merchant Marine Act, 1936, as added by subsection (a), shall apply only with respect to works that, as determined under regulations prescribed under that section, are produced after the date of the enactment of this Act. (c) Deadline for Regulations.--The Secretary of Transportation shall prescribe regulations under section 1308 of Merchant Marine Act, 1936, as added by subsection (a), not later than 180 days after the date of the enactment of this Act.

Authorizes a faculty member of a military service academy (including the Coast Guard Academy and Merchant Marine Academy) or Department of Defense professional school (including the National Defense University) to secure Federal copyright protection for a scholarly work prepared as part of that person's official duties, but only for purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is required. Requires the faculty member to transfer such copyright to the owner or publisher of the medium for which the work will be published. Prohibits the acceptance of royalties or other compensation by reason of such copyright protection.

To amend title 10, United States Code, to allow faculty members at Department of Defense service academies and schools of professional military education to secure copyrights for certain scholarly works that they produce as part of their official duties in order to submit such works for publication, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mud Dump Permanent Closure and Remediation Act of 2000''. SEC. 2. PERMANENT DUMPING BAN AT HISTORIC AREA REMEDIATION SITE. Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is amended by adding at the end the following: ``(f) Historic Area Remediation Site.-- ``(1) Prohibition on ocean dumping.--Except as provided by paragraph (2), after the date of enactment of this subsection, dumping shall be prohibited at the Historic Area Remediation Site (as defined in subsection (g)). ``(2) Permits for remediation.--After the date of issuance of standards for remediation materials under subsection (g), the Secretary may issue permits under this section authorizing the transportation of dredged materials to the Historic Area Remediation Site solely for the purpose of providing for remediation of the site. ``(3) Remediation to be followed by permanent closure.-- Upon satisfying the goal specified in subsection (g)(2)(B) at the Historic Area Remediation Site, as determined by the Administrator, the Secretary shall not issue any further permits under this section authorizing the transportation of dredged materials to the site for any purpose. ``(4) Existing permits.--A permit issued under this section before the date of enactment of this subsection shall not be effective to the extent that the permit authorizes dumping in violation of this subsection. ``(5) Advance notice of permits.--At least 30 days before issuing a permit under paragraph (2), the Secretary shall provide written notice of the permit to the Governors of the States of New York and New Jersey and to each Member of Congress representing one of such States. This paragraph shall not be construed to affect any notification requirement under any other provision of law.''. SEC. 3. STANDARDS FOR REMEDIATION MATERIALS. Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is further amended by adding at the end the following: ``(g) Standards for Remediation Materials.-- ``(1) Development of standards.--Not later than 90 days after the date of enactment of this subsection, the Administrator, in consultation with the Under Secretary for Oceans and Atmosphere, shall develop and publish in the Federal Register standards for evaluating dredged materials to be used solely for remediation purposes at the Historic Area Remediation Site. ``(2) Requirements for standards.-- ``(A) In general.--In developing standards under paragraph (1), the Administrator shall ensure that the materials used for remediation-- ``(i) contain significantly lower levels of contaminants (as referred to in section 227.6 of title 40, Code of Federal Regulations), including polycyclic aromatic hydrocarbons and polyclorinated biphenyls, than exist at the Historic Area Remediation Site; ``(ii) will significantly reduce contamination levels in biota and sediments at the Historic Area Remediation Site; and ``(iii) will reduce both the number, extent, and magnitude of undesirable effects on marine life in and around the Historic Area Remediation Site, including through bioaccumulation. ``(B) Goal.--The goal of the standards to be developed under paragraph (1) shall be to reduce the level of contamination at the Historic Area Remediation Site to a level that reflects background ambient contamination levels in the ocean. ``(3) Notice and comment.--The Administrator shall provide notice and an opportunity for public comment before issuing final standards under paragraph (1). ``(4) Definitions.--In this subsection, the following definitions apply: ``(A) Background ambient contamination levels.--The term `background ambient contamination levels' means a level of contamination that is substantially equivalent to or less than-- ``(i) the levels of contamination in biota and sediments found occurring naturally in the ocean in areas that have never been impacted by ocean dumping; and ``(ii) the levels of contamination found in the clean reference sediments used by the Environmental Protection Agency when testing and evaluating remediation materials to be deposited at the Historic Area Remediation Site. ``(B) Clean reference sediments.--The term `clean reference sediments' means a sediment, substantially free of contaminants, that is as similar to the grain size of the dredged material and the sediment at the disposal site as practical, and reflects conditions that would exist in the vicinity of the disposal site had no dredged material disposal ever occurred, but had all other influences on sediment taken place. ``(C) Historic area remediation site.--The term `Historic Area Remediation Site' means the dredged material disposal area known by that name that is located east of Sandy Hook, New Jersey, and described in section 228.15(d)(6) of title 40, Code of Federal Regulations (as in effect on July 1, 1999).''.

Provides that an existing permit shall not be effective if it authorizes dumping in violation of this Act. Requires the Administrator of the Environmental Protection Agency to develop standards for evaluating dredged materials to be used solely for remediation purposes at the Site. Directs the Administrator, in developing such standards, to ensure that the materials used for remediation: (1) contain significantly lower levels of contaminants than exist at the Site; (2) will significantly reduce contamination levels in biota and sediments at the Site; and (3) will reduce the number, extent, and magnitude of undesirable effects on marine life in and around the Site. Requires the goals of such standards to be to reduce the level of contamination at the Site to a level that reflects background ambient contamination levels in the ocean.

Mud Dump Permanent Closure and Remediation Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Freedom Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) As a massive global network spanning not only State but international borders, the Internet is inherently a matter of interstate and foreign commerce within the jurisdiction of the United States Congress under Article I, Section 8 of the United States Constitution. (2) Even within the United States, the Internet does not respect State lines and operates independently of State boundaries. Addresses on the Internet are designed to be geographically indifferent. Internet transmissions are insensitive to physical distance and can have multiple geographical addresses. (3) Because transmissions over the Internet are made through packet-switching, it is impossible to determine with any degree of certainty the precise geographic route or endpoints of specific Internet transmissions, and infeasible to separate intrastate from interstate, and domestic from foreign, Internet transmissions. (4) Inconsistent and unadministrable taxes imposed on Internet activity by State and local governments threaten not only to subject consumers, businesses, and other users engaged in interstate and foreign commerce to multiple, confusing, and burdensome taxation, but also to restrict the growth and continued technological maturation of the Internet itself, and to call into question the continued viability of this dynamic medium. (5) Because the tax laws and regulations of so many jurisdictions were established before the Internet or interactive computer services, their application to this new medium in unintended and unpredictable ways threatens every Internet user, access provider, vendor, and interactive computer service provider. (6) The electronic marketplace of services, products, and ideas available through the Internet or interactive computer services can be especially beneficial to senior citizens, the physically challenged, citizens in rural areas, and small businesses. It also offers a variety of uses and benefits for educational institutions and charitable organizations. (7) Consumers, businesses, and others engaging in interstate and foreign commerce through the Internet or interactive computer services could become subject to more than 30,000 separate taxing jurisdictions in the United States alone. (8) The consistent and coherent national policy regarding taxation of Internet activity that is needed to avoid burdening this evolving form of interstate and foreign commerce can best be achieved by the United States exercising its authority under Article I, Section 8, Clause 3 of the United States Constitution. SEC. 3. MORATORIUM ON IMPOSITION OF TAXES ON INTERNET OR INTERACTIVE COMPUTER SERVICES. (a) Moratorium.--Except as otherwise provided in this section, no State or local government (including any political subdivision) may impose, assess, or attempt to collect any tax or fee directly or indirectly on-- (1) the Internet or interactive computer services; or (2) the use of the Internet or interactive computer services. (b) Preservation of State and Local Taxing Authority.--Subsection (a)-- (1) does not apply to taxes imposed on and measured by net income derived from the Internet or interactive computer services; (2) does not apply to fairly apportioned business license taxes applied to businesses that have a business location in the taxing jurisdiction, and (3) does not affect the authority of a State, or political subdivision thereof, to impose a sales or use tax on sales or other transactions effected by use of the Internet or interactive computer services if-- (A) the tax is the same as the tax imposed and collected by that State, or political subdivision thereof, on sales or interstate transactions effected by mail order, telephone, or other remote means within its taxing jurisdiction; and (B) the obligation to collect the tax from sales or other transactions effected by use of the Internet or interactive computer services is imposed on the same person or entity as in the case of sales or transactions effected by mail order, telephone, or other remote means. SEC. 4. ADMINISTRATION POLICY RECOMMENDATIONS TO CONGRESS. (a) Consultative Group.--The Secretaries of the Treasury, Commerce, or State, in consultation with appropriate committees of the Congress, consumer and business groups, States and political subdivisions thereof, and other appropriate groups, shall-- (1) undertake an examination of United States domestic and international taxation of the Internet and interactive computer services, as well as commerce conducted thereon; and (2) jointly submit appropriate policy recommendations concerning United States domestic and foreign policies toward taxation of the Internet and interactive computer services, if any, to the President within 18 months after the date of enactment of this Act. (b) President.--Not later than 2 years after the date of enactment of this Act, the President shall transmit to the appropriate committees of Congress policy recommendations on the taxation of sales and other transactions effected on the Internet or through interactive computer services. (c) Recommendations to Be Consistent With Telecommunications Act of 1996 Policy Statement.--The Secretaries and the President shall take care to ensure that any such policy recommendations are fully consistent with the policy set forth in paragraphs (1) and (2) of section 230(b) of the Communications Act of 1934 (47 U.S.C. 230(b)). SEC. 5. BAN ON REGULATION OF INTERNET PRICES BY THE FEDERAL COMMUNICATIONS COMMISSION. (a) Prohibition on Commission Regulation of Computer Services.-- Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection: ``(d) Prohibition on Commission Regulation of Computer Services.-- The Commission shall have no authority or jurisdiction under this Act, nor shall any State commission have any authority or jurisdiction, to regulate the prices or charges paid by subscribers for interactive computer services, or information services transmitted through the Internet, except for the requirement in section 254(h) that such services be provided at affordable rates to rural health care providers, schools, and libraries.''. (b) Conforming Amendment.--Section 223(h)(2) of the Communications Act of 1934 (47 U.S.C. 223(h)(2)) is amended by striking ``230(e)(2)'' and inserting ``230(f)(2)''. SEC. 6. DECLARATION THAT THE INTERNET BE FREE OF FOREIGN TARIFFS, TRADE BARRIERS, AND OTHER RESTRICTIONS. It is the sense of the Congress that the President should seek bilateral and multilateral agreements through the World Trade Organization, the Organization for Economic Cooperation and Development, the Asia Pacific Economic Cooperation Council, or other appropriate international fora to establish activity on the Internet and interactive computer services is free from tariff and taxation. SEC. 7. DEFINITIONS. For purposes of this Act-- (1) Internet; interactive computer service.--The terms ``Internet'' and ``interactive computer service'' have the meaning given such terms by paragraphs (1) and (2), respectively, of section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)). (2) Tax.--The term ``tax'' includes any tax, license, or fee that is imposed by any governmental entity and the imposition on the seller of an obligation to collect and remit a tax imposed on the buyer.

Internet Tax Freedom Act - Prohibits a State or local government from imposing, assessing, or attempting to collect any tax or fee on the Internet or interactive computer services (ICs) or on their use. Preserves State and local taxing authority with respect to income, license, and sales taxes. Directs the Secretaries of the Treasury, Commerce, or State to: (1) undertake an examination of U.S. and international taxation of the Internet and ICs, as well as commerce conducted thereon; and (2) jointly submit to the President appropriate policy recommendations concerning such taxation. Directs the President to transmit to the appropriate congressional committees policy recommendations on the taxation of sales and other transactions effected on the Internet or through ICs. Requires all such recommendations to be consistent with policy statements of the Telecommunications Act of 1996. Amends the Communications Act of 1934 to state that the Federal Communications Commission or any equivalent State commission shall have no regulatory authority or jurisdiction with respect to charges paid by subscribers for ICs or information services transmitted through the Internet, except for the requirement that such services be provided at affordable rates to rural health care providers, schools, and libraries. Expresses the sense of the Congress that the President should seek bilateral and multilateral agreements through various international forums to establish that activity on the Internet and ICs be free from tariff and taxation.

Internet Tax Freedom Act

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Collaborating for Economic Reintegration of Troops Act'' or the ``CERT Act''. (b) Findings.--Congress finds the following: (1) One of the greatest challenges facing transitioning members of the Armed Forces and their spouses is finding civilian employment. (2) Veterans report that employment is the top challenge upon separation or retirement from the Armed Forces, with as many as 80 percent of members leaving the Armed Forces without civilian employment in hand and one in four reporting being underemployed and earning below-poverty wages. (3) Military training correlates to approximately 962 civilian professions, yet even with their military education and experience, veterans must duplicate their training to meet various State specific certification guidelines. (4) Veteran transition can be aided by establishing a commission to examine licensing and certification challenges confronting members of the Armed Forces upon post-service entry into the civilian workforce. (5) This commission will identify where there are gaps between military training and civilian credentials' training requirements and can identify opportunities for military training to be reformed to address such gaps and for transition to be improved by increased recognition of military training as equivalent through a ``Blue Star certification''. (6) The Blue Star certification initiative would set sufficient standards for entry into certain licensed professions. States could adopt Blue Star certifications as equivalent to entry into certain licensed professions. The Armed Forces, in their training process, would ensure members reach Blue Star proficiency so that upon leaving service they could swiftly transition to civilian employment. (7) Operation Certification would allow for members of the Armed Forces to directly and immediately apply their training and experience to the private sector. States that adopt the Blue Star credential will attract and retain talented and civic minded veterans. Furthermore, this would modernize military training within Blue Star occupational specialties to ensure that members are well trained and prepared to meet any challenge upon separation. SEC. 2. COMMISSION ON VETERAN CERTIFICATION STANDARDS. (a) Establishment.--There is established an advisory commission to be known as the Commission on Veteran Certification Standards (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Number and appointment.--The Commission shall be composed of 16 members appointed as follows: (A) The Majority Leader of the Senate shall appoint one member. (B) The Minority Leader of the Senate shall appoint one member. (C) The Speaker of the House of Representatives shall appoint one member. (D) The Minority Leader of the House of Representatives shall appoint one member. (E) The Chairman of the Committee on Armed Services of the Senate shall appoint one member. (F) The Ranking Member of the Committee on Armed Services of the Senate shall appoint one member. (G) The Chairman of the Committee on Armed Services of the House of Representatives shall appoint one member. (H) The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint one member. (I) The Chairman of the Committee on Veterans' Affairs of the Senate shall appoint one member. (J) The Ranking Member of the Committee on Veterans' Affairs of the Senate shall appoint one member. (K) The Chairman of the Committee on Veterans' Affairs of the House of Representatives shall appoint one member. (L) The Ranking Member of the Committee on Veterans' Affairs of the House of Representatives shall appoint one member. (M) The Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate shall appoint one member. (N) The Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate shall appoint one member. (O) The Chairman of the Committee on Education and the Workforce of the House of Representatives shall appoint one member. (P) The Ranking Member of the Committee on Education and the Workforce of the House of Representatives shall appoint one member. (2) Deadline for appointment.--Members shall be appointed to the Commission under paragraph (1) not later than 45 days after the date of the enactment of this Act. (c) Chair and Vice Chair.--The Commission shall elect a Chair and Vice Chair from among its members. (d) Terms.--Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment was made. (e) Compensation for Members of the Commission.--Members of the Commission will not receive wages or compensation on account of their services on the Commission, but will be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (f) Use of Government Information.--The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (g) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (h) Personal Services.-- (1) Authority to procure.--The Commission may-- (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates.--The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. SEC. 3. COMMISSION HEARINGS AND MEETINGS. (a) In General.--The Commission shall conduct hearings on the recommendations it is taking under consideration. Any such hearing, except a hearing in which classified information is to be considered, shall be open to the public. Any hearing open to the public shall be announced on a Federal website at least 14 days in advance. For all hearings open to the public, the Commission shall release an agenda and a listing of materials relevant to the topics to be discussed. The Commission is authorized and encouraged to hold hearings and meetings in various locations throughout the country to provide maximum opportunity for public comment and participation in the Commission's execution of its duties. (b) Meetings.-- (1) Initial meeting.--The Commission shall hold its initial meeting not later than 60 days after the date as of which all members have been appointed. (2) Subsequent meetings.--After its initial meeting, the Commission shall meet upon the call of the Chair or a majority of its members. (3) Public meetings.--Each meeting of the Commission shall be held in public unless any member objects or classified information is to be considered. (c) Quorum.--Nine members of the Commission shall constitute a quorum, but a lesser number may hold hearings or meetings. (d) Public Comments.--The Commission shall seek written comments from the general public and interested parties on matters of the Commission's review under this Act. Comments shall be requested through a solicitation in the Federal Register and announcement on the Internet website of the Commission. (e) Space for Use of Commission.--Not later than 90 days after the date of the enactment of this Act, the Administrator of General Services, in consultation with the Secretary, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 90-day period, the Commission may lease space to the extent the funds are available. (f) Contracting Authority.--The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. SEC. 4. COMMISSION DUTIES AND RECOMMENDATIONS. (a) Duties.--The Commission shall perform the following duties: (1) Examine the unique challenges that confront members of the Armed Forces and their spouses upon post-service entry into the civilian workforce. (2) Determine best practices and evaluate efforts that have been undertaken by the States and the executive branch, including the program required by section 2015 of title 10, United States Code, to assist members of the Armed Forces in obtaining professional credentials, to facilitate the transfer of skills and certifications from the military to civilian settings. (3) Identify industries and jobs that can most benefit from military experience and training and identify military specialties that can readily transfer to high-demand jobs. (4) Develop recommended Blue Star credentialing standards for select professions in order to simplify and streamline training and transition efforts for members of the Armed Forces and their spouses upon post-service entry into the civilian workforce. (5) Design an evaluation criteria that the Secretary of Defense and the Secretary of Veterans Affairs can use to evaluate the extent to which States and territories adopt and utilize the Blue Star credentialing standards. (b) Development of Commission Recommendations.--The Commission shall develop recommendations on the matters subject to its review under subsection (a). (c) Commission Report and Recommendations.-- (1) Report.--Not later than one year after the date on which the Commission is established, the Commission shall transmit to the President and Congress a report containing the findings and conclusions of the Commission, together with the recommendations of the Commission regarding the matters described in subsection (a). The Commission shall include in the report legislative language and recommendations for administrative action to implement the recommendations of the Commission. (2) Requirement for approval.--The recommendations of the Commission must be approved by a majority of the members of the Commission before the recommendations may be transmitted to the President and Congress under paragraph (1). (3) Public availability.--The Commission shall publish a copy of the report required by paragraph (1) on an Internet website available to the public on the same date on which it transmits that report to the President and Congress under that paragraph. SEC. 5. EXECUTIVE DIRECTOR AND STAFF. (a) Executive Director.--The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161 of title 5, United States Code. (b) Staff.--The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161 of title 5, United States Code. SEC. 6. TERMINATION OF COMMISSION. The Commission shall terminate 90 days after the date of the submission of the report under section 4.

Collaborating for Economic Reintegration of Troops Act or the CERT Act This bill establishes the Commission on Veteran Certification Standards which shall: examine the challenges confronting members of the Armed Forces and their spouses upon post-service entry into the civilian workforce; determine best state practices and evaluate efforts to assist members of the Armed Forces in obtaining professional credentials to facilitate the transfer of military skills and certifications to civilian settings; identify industries and jobs that can most benefit from military experience; develop recommended Blue Star credentialing standards and design evaluation criteria that the Department of Defense and the Department of Veterans Affairs can use to evaluate state and territory utilization of such standards; and develop related administrative recommendations.

CERT Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Settlement Trust Improvement Act of 2017''. SEC. 2. EXCLUSION FOR ANCSA PAYMENTS ASSIGNED TO ALASKA NATIVE SETTLEMENT TRUSTS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: ``SEC. 139G. ASSIGNMENTS TO ALASKA NATIVE SETTLEMENT TRUSTS. ``(a) In General.--In the case of a Native Corporation, gross income shall not include the value of any payments that would otherwise be made, or treated as being made, to such Native Corporation pursuant to, or as required by, any provision of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), including any payment that would otherwise be made to a Village Corporation pursuant to section 7(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(j)), provided that any such payments-- ``(1) are assigned in writing to a Settlement Trust, and ``(2) were not received by such Native Corporation prior to the assignment described in paragraph (1). ``(b) Inclusion in Gross Income.--In the case of a Settlement Trust which has been assigned payments described in subsection (a), gross income shall include such payments as and when such payments are received by such Settlement Trust pursuant to the assignment and shall have the same character as if such payments were received by the Native Corporation. ``(c) Amount and Scope of Assignment.--The amount and scope of any assignment under subsection (a) shall be described with reasonable particularity and may either be in a percentage of one or more such payments or in a fixed dollar amount. ``(d) Duration of Assignment; Revocability.--Any assignment under subsection (a) shall specify-- ``(1) a duration either in perpetuity or for a period of time, and ``(2) whether such assignment is revocable. ``(e) Prohibition on Deduction.--Notwithstanding section 250, no deduction shall be allowed to a Native Corporation for purposes of any amounts described in subsection (a). ``(f) Definitions.--For purposes of this section, the terms `Native Corporation' and `Settlement Trust' have the same meaning given such terms under section 646(h).''. (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: ``Sec. 139G. Assignments to Alaska Native Settlement Trusts.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 3. DEDUCTION OF CONTRIBUTIONS TO ALASKA NATIVE SETTLEMENT TRUSTS. (a) In General.--Part VIII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 250. CONTRIBUTIONS TO ALASKA NATIVE SETTLEMENT TRUSTS. ``(a) In General.--In the case of a Native Corporation, there shall be allowed a deduction for any contributions made by such Native Corporation to a Settlement Trust (regardless of whether an election under section 646 is in effect for such Settlement Trust) for which the Native Corporation has made an annual election under subsection (e). ``(b) Amount of Deduction.--The amount of the deduction under subsection (a) shall be equal to-- ``(1) in the case of a cash contribution (regardless of the method of payment, including currency, coins, money order, or check), the amount of such contribution, or ``(2) in the case of a contribution not described in paragraph (1), the Native Corporation's adjusted basis in the property contributed. ``(c) Limitation and Carryover.-- ``(1) In general.--Subject to paragraph (2), the deduction allowed under subsection (a) for any taxable year shall not exceed the taxable income of the Native Corporation for the taxable year in which the contribution was made. ``(2) Carryover.--If the aggregate amount of contributions described in subsection (a) for any taxable year exceeds the limitation under paragraph (1), such excess shall be treated as a contribution described in subsection (a) in each of the 15 succeeding years in order of time. ``(d) Definitions.--For purposes of this section, the terms `Native Corporation' and `Settlement Trust' have the same meaning given such terms under section 646(h). ``(e) Manner of Making Election.-- ``(1) In general.--For each taxable year, a Native Corporation may elect to have this section apply for such taxable year on the income tax return or amended income tax return of the Native Corporation, with such election to have effect solely for such taxable year. ``(2) Revocation.--Any election made by a Native Corporation pursuant to this subsection may be revoked pursuant to an amended income tax return which has been timely filed by such Native Corporation. ``(f) Additional Rules.-- ``(1) Earnings and profits.--Notwithstanding section 646(d)(2), in the case of a Native Corporation which claims a deduction under this section for any taxable year, the earnings and profits of such Native Corporation for such taxable year shall be reduced by the amount of such deduction. ``(2) Gain or loss.--No gain or loss shall be recognized by the Native Corporation with respect to a contribution of property for which a deduction is allowed under this section. ``(3) Income.--Subject to subsection (g), a Settlement Trust shall report income in the amount of any deduction allowed under this section in the taxable year in which the Settlement Trust actually receives such contribution. ``(4) Period.--In determining the period that a Settlement Trust has held property for which a deduction is allowed under this section, the period the Native Corporation has held such property shall be included. ``(5) Basis.--The basis that a Settlement Trust has for which a deduction is allowed under this section shall be equal to the adjusted basis of the Native Corporation in such property immediately before such contribution. ``(6) Prohibition.--No deduction shall be allowed under this section with respect to any contributions made to a Settlement Trust which are in violation of subsection (a)(2) or (c)(2) of section 39 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629e). ``(g) Election by Settlement Trust To Defer Income Recognition.-- ``(1) In general.--In the case of a contribution which consists of property other than cash, a Settlement Trust may elect to defer recognition of any income related to such property until the sale or exchange of such property, in whole or in part, by the Settlement Trust. ``(2) Treatment.--In the case of property described in paragraph (1), any income or gain received by the Settlement Trust upon sale or exchange of such property shall be treated as-- ``(A) for such amount of the income or gain as is equal to or less than the amount of income deferred pursuant to this subsection, ordinary income, and ``(B) for any amounts of the income or gain which are in excess of the amount of income deferred pursuant to this subsection, having the same character as if this subsection did not apply. ``(3) Election.-- ``(A) In general.--For each taxable year, a Settlement Trust may elect to apply this subsection for any property described in paragraph (1) which was contributed during such year. Any property to which the election applies shall be identified and described with reasonable particularity on the income tax return or amended income tax return of the Settlement Trust, with such election to have effect solely for such taxable year. ``(B) Revocation.--Any election made by a Settlement Trust pursuant to this subsection may be revoked pursuant to an amended income tax return which has been timely filed by such Settlement Trust. ``(C) Certain dispositions.-- ``(i) In general.--In the case of any property for which an election is in effect under this subsection and which is disposed of within the first taxable year subsequent to the taxable year in which such property was contributed to the Settlement Trust-- ``(I) such election shall be voided as to such property, ``(II) the Settlement Trust shall be required to file an amended return for the taxable year in which such property was contributed, and ``(III) the Settlement Trust shall pay any tax applicable to such property, including interest and a penalty equal to 10 percent of the amount of such tax. ``(ii) Assessment.--Notwithstanding section 6501(a), any amount described in subclause (III) of clause (i) may be assessed, or a proceeding in court with respect to such amount may be initiated without assessment, within 4 years after the date on which the return making the election under this subsection for such property was filed.''. (b) Conforming Amendment.--The table of sections for part VIII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 250. Contributions to Alaska Native Settlement Trusts.''. (c) Permissive Amendments to Trust Agreements Establishing Settlement Trusts.-- (1) In general.--Notwithstanding any provision of law, including any provision of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), Alaska state law, or the terms of any trust agreement of a Settlement Trust (as defined under section 3(t) of the Alaska Native Claims Settlement Act, (43 U.S.C. 1602(t))), the terms of any trust agreement of a Settlement Trust may, within the 1-year period following the date of the enactment of this Act, be amended as necessary to allow such Trust to make an election described in subsection (g) of section 250 of the Internal Revenue Code of 1986 (as added by subsection (a)). (2) Amendment.--An amendment described in paragraph (1) shall be enacted pursuant to one or more agreements between the Native Corporation that established the Settlement Trust and the trustees of such Trust and shall not require any vote by the beneficiaries of such Trust or the shareholders of such Native Corporation. (3) Registration statement.--Any Settlement Trust which was registered in accordance with Alaska state law prior to the date of the enactment of an amendment described in paragraph (1) shall not be required to file a new or amended registration statement to reflect such amendment. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years for which the period of limitation on refund or credit under section 6511 of the Internal Revenue Code of 1986 has not expired. (2) One-year waiver of statute of limitations.--If the period of limitation on a credit or refund resulting from the amendments made by subsection (a) expires before the end of the 1-year period beginning on the date of the enactment of this Act, refund or credit of such overpayment (to the extent attributable to such amendments) may, nevertheless, be made or allowed if claim therefor is filed before the close of such 1- year period. SEC. 4. INFORMATION REPORTING FOR DEDUCTIBLE CONTRIBUTIONS TO ALASKA NATIVE SETTLEMENT TRUSTS. (a) In General.--Section 6039H of the Internal Revenue Code of 1986 is amended-- (1) in the heading, by striking ``sponsoring''; and (2) by adding at the end the following new subsection: ``(e) Deductible Contributions by Native Corporations to Alaska Native Settlement Trusts.-- ``(1) In general.--Any Native Corporation (as defined in subsection (m) of section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m))) which has made a contribution to a Settlement Trust (as defined in subsection (t) of such section) to which an election under subsection (e) of section 250 applies shall provide such Settlement Trust with a statement regarding such election not later than January 31 of the calendar year subsequent to the calendar year in which the contribution was made. ``(2) Content of statement.--The statement described in paragraph (1) shall include-- ``(A) the total amount of contributions to which the election under subsection (e) of section 250 applies, ``(B) for each contribution, whether such contribution was in cash, ``(C) for each contribution which consists of property other than cash, the date that such property was acquired by the Native Corporation and the adjusted basis of such property on the date such property was contributed to the Settlement Trust, ``(D) the date on which each contribution was made to the Settlement Trust, and ``(E) such information as the Secretary determines to be necessary or appropriate for the identification of each contribution and the accurate reporting of income relating to such contributions by the Settlement Trust.''. (b) Conforming Amendment.--The item relating to section 6039H in the table of sections for subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended to read as follows: ``Sec. 6039H. Information With Respect to Alaska Native Settlement Trusts and Native Corporations.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 5. STATUTORY CONSTRUCTION. This Act is remedial Indian legislation enacted under the plenary authority of the Congress under the Constitution of the United States to regulate Indian affairs, and any ambiguities in section 139F or 250 of the Internal Revenue Code of 1986, as added by this Act, shall be resolved in favor of Native Corporations attempting to exclude income or claim a deduction thereunder.

Settlement Trust Improvement Act of 2017 This bill amends the Internal Revenue Code, with respect to the tax treatment of Alaska Native Settlement Trusts, to: (1) allow an Alaska Native Corporation to assign certain payments referenced in the Alaska Native Claims Settlement Act to a trust without including the payments in the gross income of the corporation, (2) allow the corporation to elect annually to deduct contributions made to a trust, (3) allow a trust to elect to defer the recognition of gains related to contributions of property other than cash until the sale or exchange of the property, and (4) establish information reporting requirements for deductible contributions to a trust.

Settlement Trust Improvement Act of 2017

SECTION 1. ELIGIBILITY. (a) Reservists Discharged Because of a Service-Connected Disability.--Section 3701(b)(5)(A) of title 38, United States Code, is amended-- (1) by inserting ``(i)'' before ``who has''; and (2) by striking out the period at the end thereof and inserting in lieu thereof ``, or (ii) who was discharged or released from the Selected Reserve before completing 6 years of service because of a service-connected disability.''. (b) Surviving Spouses of Reservists Who Died While in Active Military, Naval, or Air Service.--The second sentence of section 3701(b)(2) of such title is amended-- (1) by inserting ``or service in the Selected Reserve'' after ``duty'' each place it appears; and (2) by striking out ``spouse shall'' and inserting in lieu thereof ``deceased spouse shall''. SEC. 2. PUBLIC AND COMMUNITY WATER AND SEWERAGE SYSTEMS. Section 3704 of title 38, United States Code, is amended-- (1) by striking out subsection (e); and (2) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. SEC. 3. REFINANCING LOANS. (a) Authority To Guarantee Home Refinance Loans for Energy Efficiency Improvements.-- (1) Loans.--(A) Section 3710(a) of title 38, United States Code, is amended by adding after paragraph (10) the following: ``(11) To refinance in accordance with subsection (e) of this section an existing loan guaranteed, insured, or made under this chapter, and to improve the dwelling securing such loan through energy efficiency improvements, as provided in subsection (d) of this section.''. (B) Section 3710(e)(1) of such title is amended by inserting ``or subsection (a)(11)'' after ``subsection (a)(8)''. (2) Fee.--Section 3729(a)(2)(E) of such title is amended by inserting ``3710(a)(11),'' after ``3710(a)(9)(B)(i),''. (b) Refinancing Adjustable Rate Mortgages to Fixed Rate Mortgages.--Section 3710(e)(1)(A) of such title is amended-- (1) by inserting ``(i)'' after ``(A); (2) by inserting ``or'' at the end of clause (i), as designated by paragraph (1) of this subsection; and (3) by adding after such clause (i), the following: ``(ii) the loan bears interest at a fixed rate that is agreed upon by the veteran and the mortgagee, and the loan being refinanced is an adjustable rate loan.''. SEC. 4. MANUFACTURED HOME LOAN INSPECTIONS. (a) Certification of Conformity With Standards.--Section 3712(h) of title 38, United States Code, is amended by amending paragraph (2) to read as follows: ``(2) Any manufactured housing unit properly displaying a certification of conformity to all applicable Federal manufactured home construction and safety standards pursuant to section 616 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5415) shall be deemed to meet the standards required by paragraph (1) of this subsection.''. (b) Repeal of Inspection Requirements.--Section 3712(j) of such title is amended-- (1) by striking out ``refuses to permit the inspections provided for in subsection (h) of this section; or in the case of manufactured homes which are determined by the Secretary not to conform to the aforesaid standards; or where the manufacturer of manufactured homes''; and (2) by striking ``warranty.'' and inserting in lieu thereof ``warranty; in the case of manufactured homes which are determined by the Secretary not to conform to the standards provided for in subsection (h) of this section; or in the case of a manufacturer who has engaged in procedures or practices determined by the Secretary to be unfair or prejudicial to veterans or the Government.''. (c) Elimination of Reporting Requirement.--Section 3712(l) of such title is amended-- (1) by striking out ``the results of inspections required by subsection (h) of this section,''; and (2) by striking out ``section, and'' and inserting in lieu thereof ``section and''. SEC. 5. PROCEDURES ON DEFAULT. (a) In General.--Paragraph (7) of section 3732(c) of title 38, United States Code, is amended-- (1) by striking out ``that was the minimum amount for which, under applicable State law, the property was permitted to be sold at the liquidation sale'' in the matter preceding subparagraph (A); (2) by striking out ``the Secretary may accept conveyance of the property to the United States for a price not exceeding'' and inserting in lieu thereof ``(i) the amount was the minimum amount for which, under applicable State law, the property was permitted to be sold at the liquidation sale, the holder shall have the option to convey the property to the United States in return for payment by the Secretary of an amount equal to''; (3) by striking out ``and'' at the end of clause (i), as so designated by paragraph (2), and inserting in lieu thereof ``or''; (4) by adding after such clause (i) the following: ``(ii) there was no minimum amount for which the property had to be sold at the liquidation sale under applicable State law, the holder shall have the option to convey the property to the United States in return for payment by the Secretary of an amount equal to the lesser of such net value or total indebtedness; and''; and (5) in subparagraph (B), by striking out ``paragraph (6)(B)'' and inserting in lieu thereof ``paragraph (6)''. (b) Conforming Amendment.--Paragraph (6) of such section is amended-- (1) by striking out ``either''; and (2) by striking out ``sale or acquires'' and all that follows through ``(B) the'' and inserting in lieu thereof ``sale, the''. SEC. 6. MINIMUM ACTIVE-DUTY SERVICE REQUIREMENT. Section 5303A(b)(3) of title 38, United States Code, is amended-- (1) by striking out ``or'' at the end of subparagraph (E); (2) by striking out the period at the end of subparagraph (F) and inserting in lieu thereof ``; or''; and (3) by inserting after subparagraph (F) the following: ``(G) to benefits under chapter 37 of this title by reason of discharge or release from active duty as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.''. Passed the House of Representatives August 1, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Makes eligible for the veterans' housing loan program: (1) members of the Selected Reserve discharged or released before completion of six years of service because of a service-connected disability; and (2) surviving spouses of reservists who die while on active duty. Repeals a Federal provision prohibiting guaranteed housing loans to veterans for property not served by a public or adequate community water and sewage system. Authorizes the Secretary of Veterans Affairs to guarantee to refinance loans of veterans making energy efficiency improvements. Allows for the charging of a guaranteed housing loan fee for such loan. Provides for the guaranteeing of refinance loans made to change a mortgage from an adjustable to a fixed rate. Provides authority for guaranteeing loans made to purchase a manufactured home if the home displays a certification of conformity with Federal manufactured home construction and safety standards. Repeals certain inspection requirements with respect to such manufactured homes, as well as a reporting requirement concerning such inspections. Revises certain default procedures with respect to guaranteed housing loans. Excludes from certain minimum active-duty service requirements, for purposes of eligibility for veterans' guaranteed housing loans, those veterans whose discharge or release from active duty was the result of a reduction in force.

To amend title 38, United States Code, relating to veterans housing programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer's Right To View Act of 1993''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Federal Communications Commission predicts a diminished role for broadcast television and a more prominent role for cable television including pay-per-view. (2) Roughly 18,800,000 American homes are equipped to receive pay-per-view and this number is expected to increase to 35,900,000 by 1996. Overall pay-per-view revenue is expected to reach $1,100,000,000 by 1996. (3) There is a growing trend toward making events available exclusively on pay-per-view. (4) As this trend develops, whether the consumer has access to these events will be determined by the ability of the consumer to pay. (5) Professional sports leagues are beginning to see pay- per-view as a new revenue source to keep pace with escalating player salaries. (6) As a result, some media analysts predict that several of broadcast television's premier sports attractions eventually will migrate to pay-per-view. (7) Limited access to viewing such events as the ``Super Bowl'' or ``World Series'' would deprive citizens of the ability to enjoy these events which are inherent in the American tradition. (8) The majority of facilities in which such events are held are funded through taxpayer money. (9) It is unfair that taxpayers, who subsidize the construction and maintenance of many of these facilities, should have to pay an additional pay-per-view charge for viewing these events. (10) Nonprofit and public organizations including public and private educational institutions and their athletic organizations are exempt from the corporate income tax. (11) Furthermore, corporations can deduct their donations to college sporting events as charitable contributions. (12) Tax exempt status is granted to these nonprofit and public organizations by the Federal Government and it is unfair to allow those who use this status to engage in pay-per-view telecasting--thus forcing taxpayers to pay again. (13) It is unfair that taxpayers, who subsidize the construction and maintenance of many of these facilities, should have to pay an additional pay-per-view charge for viewing these events. (14) Therefore, Congress should ensure that all taxpaying citizens have free access to events that are sponsored by organizations with nonprofit tax exempt status and those events held in taxpayer subsidized facilities. SEC. 3. PAY-PER-VIEW CHARGES PROHIBITED. Section 623 of the Communications Act of 1934 (47 U.S.C. 543) is amended by adding at the end thereof the following new subsection: ``(i)(1) Notwithstanding any other provision of this title, a cable operator may not assess or collect any separate charges for any video programming of a sporting, theatrical, or other entertainment event if that event is performed at a facility constructed, renovated, or maintained with tax revenues or by an organization that receives public financial support. ``(2) The Commission and local franchising authorities are authorized to make determinations concerning the applicability of the prohibition contained in paragraph (1). In making such determinations-- ``(A) a facility shall be considered to have been constructed, maintained, or renovated with tax revenues if-- ``(i) tax exempt financing was used to construct, maintain, or renovate the facility, ``(ii) the facility was constructed on land donated by a government, or leased by a government at below market rates, or ``(iii) public infrastructure or public service for the facility are provided by the government at below market rates, with the exception of police, fire, and rescue services; ``(B) an event is performed by a nonprofit or public organization that receives tax subsidies if the event is sponsored by, or includes the participation of a team that is a part of, an organization-- ``(i) that is exempt from Federal income taxes under section 501 of the Internal Revenue Code of 1986, or ``(ii) that is exempt from Federal income taxes under section 115 of the Internal Revenue Code of 1986, and to which donations are tax deductible under such Code; and ``(C) notwithstanding subparagraph (A), a facility shall not be considered to have been constructed with tax revenues if the government has been reimbursed, through the proceeds of a sale of the facility or otherwise, for the total amount of the tax revenues that were used to construct the facility, as determined under subparagraph (A), but in this section shall be construed to exempt facilities from this subsection if the facility is receiving current financial support. ``(3) The Commission shall prescribe, by regulation, procedures for the administration of this subsection.''.

Taxpayer's Right to View Act of 1993 - Amends the Communications Act of 1934 to prohibit a cable operator from assessing separate charges for any video programming of a sporting, theatrical, or other entertainment event if that event is performed at a facility constructed, renovated, or maintained with tax revenues or by an organization that receives public financial support. Authorizes the Federal Communications Commission and local franchising authorities to make determinations concerning the applicability of such prohibition. Sets forth conditions under which a facility is considered to have been constructed, maintained, or renovated with tax revenues. Considers events performed by nonprofit or public organizations that receive tax subsidies to be subject to this Act if the event is sponsored by, or includes the participation of a team that is part of, a tax exempt organization.

Taxpayer's Right to View Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast College Revitalization Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--The Congress finds the following: (1) Approximately 30 institutions of higher education in the Gulf Coast region, serving approximately 100,000 students, directly sustained damage from Hurricane Katrina. (2) The approximately 30 institutions of higher education in the Gulf Coast region impacted by Hurricane Katrina employed approximately 30,000 faculty, administrators, and staff. (3) Revitalizing institutions of higher education in the Gulf Coast region will be a vital element in attracting middle and upper income families back to the Gulf Coast region, and in ensuring sustained economic recovery to the region's lower income families. (4) Revitalizing the Gulf Coast economy will depend on providing a highly skilled workforce. (5) The return of qualified academic professionals and administrators is a vital element in the revitalization of affected institutions of higher education in the Gulf Coast region. (6) Students from throughout the Nation who attend institutions of higher education in the Gulf Coast region, and their families, contribute significantly to the local economy. (7) Many of the scientific, health, technology, and cultural industries of the Gulf Coast region are dependant on local institutions of higher education. (8) Hundreds of other institutions of higher education throughout America and their students are accommodating victims of the Gulf hurricane disasters. (b) Sense of Congress.--It is the sense of Congress that the assistance provided under this Act to revitalize affected institutions of higher education in the Gulf Coast region is a first step toward revitalizing and restoring the economic, social, and cultural prosperity of the entire Gulf Coast region. SEC. 3. INSTITUTIONAL GRANTS FOR RECRUITMENT AND RETENTION. (a) Purpose.--The purpose of this section is to support affected institutions of higher education in their efforts to revitalize their communities following the Gulf hurricane disasters. (b) Program Authorized.-- (1) Authority.--The Secretary shall award grants to institutions of higher education adversely affected by a Gulf hurricane disaster to assist the affected institutions in recruiting and retaining students and retaining faculty. The Secretary shall award grants under this Act as soon as possible, but no later than 6 months after the date of the enactment of this Act. (2) Duration; limitation.--Each grant awarded to an affected institution under this section shall be awarded for a period of 5 years, and may not be renewed. An affected institution may not receive more than one grant under this section. (3) Use of funds.-- (A) Aid to students.--Not less than 50 percent of the funds made available by a grant under this section shall be used by an affected institution to provide need-based aid to students attending the affected institution for academic year 2005-2006, and each of the 4 succeeding academic years, for purposes of attracting new and returning students to enroll in such affected institution. Such need-based aid may include-- (i) assisting enrolled students with tuition, fees, and textbook expenses; (ii) employing enrolled students to assist in rebuilding facilities of the affected institution; (iii) providing room and board assistance for enrolled students living on campus; (iv) attracting and retaining first- generation students, minority students, and other at-risk or underserved populations; (v) creating innovative work and study incentives for enrolled students; and (vi) any other aid deemed necessary by the institution and approved by the Secretary. (B) Incentives for faculty.--Not more than 50 percent of the funds made available by a grant under this section shall be used by an affected institution to provide incentives for faculty employed by an affected institution to remain in the Gulf Coast region at such affected institution or, if such affected institution is unable to continue to employ such faculty, at another affected institution. Such incentives may include-- (i) employing returning faculty to assist in rebuilding facilities of the affected institution; (ii) developing and providing temporary housing for returning faculty and their dependents who have been displaced from their homes; (iii) continuing salaries and health benefits for returning faculty for up to one year; (iv) providing tuition assistance for returning faculty and their dependents; (v) creating innovative work and research incentives for returning faculty; and (vi) any other incentives deemed necessary by the institution and approved by the Secretary. (C) Institutional promotion.--Not more than 5 percent of the funds made available by a grant under this section shall be used by an affected institution to promote the institution at job and college fairs, and through the media. (4) Prevailing wages.--Wages paid, for purposes of rebuilding an affected institution's facilities under paragraph (3)(A)(ii) or paragraph (3)(B)(i), to students or faculty in whole or in part with grant funds received under this section for employment as laborers, mechanics, or service employees shall be paid at rates not less than those prevailing in the locality as determined by the Secretary of Labor in accordance with sections 3141, 3142, and 3145 of title 40, United States Code or section 351 of title 41, United States Code, as the case may be. Notwithstanding any other provision of law, the requirements of this paragraph shall not be waived or suspended. (c) Applications.--An institution of higher education desiring a grant under this section shall submit an application to the Secretary within 90 days of the date of enactment of this Act, in such manner, and accompanied by such information as the Secretary may require. Each application shall-- (1) demonstrate that the institution is an affected institution as defined in section 6; (2) specify the amount of grant funds requested; (3) demonstrate the need of the institution for such grant by including in the application-- (A) evidence that, as a result of a Gulf hurricane disaster, the institution suffered a direct and significant economic impact and a decline in student enrollment, hindering the institution's ability to continue full operation; (B) evidence that, as a result of a Gulf hurricane disaster, the institution lost resources necessary to retain faculty, hindering the institution's ability to continue full operation; (C) an assessment of damage to the infrastructure of the institution as a result of a Gulf hurricane disaster; (D) information regarding additional needs created by a Gulf hurricane disaster; and (E) other relevant data; and (4) contain a description of the institution's plan to carry out the purposes of this section. (d) Priority.--The Secretary shall give priority in awarding grants under this section to affected institutions most in need, as determined by the Secretary. (e) Reporting Requirements; Reviews.-- (1) Reports.--Each affected institution receiving a grant under this section shall report to the Secretary no later than September 30 of each year of the 5-year period for which the grant is awarded. (2) Contents.--The report shall include-- (A) data on the populations served under this section; (B) a description of the use of the grant funds received under this section, including a description of programs developed with such funds; (C) a financial statement accounting for the use of the grant funds; and (D) data on the impact of the grant on enrollment and retention at the institution, including data on the numbers and percentages of new and returning students, and the number and percentage of faculty that have been retained. (3) Reviews.--The Secretary shall conduct periodic reviews to ensure that grant funds are being properly managed, and that the programs using such funds are achieving their intended outcomes. (f) Availability of Funds.--There shall be available to the Secretary to carry out this section, from funds not otherwise appropriated, $3,000,000,000 for fiscal year 2006, which shall remain available through fiscal year 2010. SEC. 4. LOAN FORGIVENESS. (a) Statement of Purpose.--The purpose of this section is to encourage students to continue attending, and to earn degrees from, affected institutions of higher education. (b) Program Authorized.--The Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1040), and of canceling the obligation to repay a qualified loan amount for a loan made under part D or E of such title IV, in accordance with subsection (c), for any borrower, who-- (1) returns to or enrolls in an affected institution of higher education in academic year 2005-2006, 2006-2007, or 2007-2008; (2) obtains an associate's degree or a bachelor's degree from such institution; and (3) is not in default on a loan for which the borrower seeks forgiveness. (c) Qualified Loan Amount.-- (1) Associate's degree.--Upon completion of an associate's degree from an affected institution, the Secretary shall repay-- (A) in the case of a full-time student, $2,500 for each academic year of enrollment at such affected institution; or (B) in the case of a student enrolled less than full-time, $2,500 for the equivalent of one academic year of enrollment as a full-time student at such affected institution, as determined by the Secretary; not to exceed $5,000. (2) Bachelor's degree.--Upon completion of a bachelor's degree from an affected institution, the Secretary shall repay-- (A) in the case of a full-time student, $2,500 for each academic year of enrollment at such affected institution; or (B) in the case of a student enrolled less than full-time, $2,500 for the equivalent of one academic year of enrollment as a full-time student at such affected institution, as determined by the Secretary; not to exceed $10,000. (3) Limitation.--The Secretary shall repay not more than the total outstanding federal loan obligation of the student, or $10,000, whichever is less. (4) Prevention of abuse.--The Secretary is authorized to issue such regulations as may be necessary to prevent borrowers from receiving repayment under this section for an excessive period of enrollment in comparison to the enrollment period which the Secretary determines is appropriate to obtain an associate's or a bachelor's degree. (5) Academic year of enrollment.--For the purpose of calculating loan repayment under this section, the term ``academic year of enrollment'' means the academic year in which an affected institution reopens, or any subsequent academic year. (d) Priority.--The Secretary shall give priority in awarding grants under this section to students most in need, as determined by the Secretary. (e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. (f) Availability of Funds.--There shall be available to the Secretary to carry out this section, from funds not otherwise appropriated, $1,600,000,000 for fiscal year 2006, which shall remain available through fiscal year 2013. SEC. 5. REGULATIONS. The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this Act. SEC. 6. EMERGENCY DESIGNATIONS. Sections 3 and 4 of this Act are designated as emergency requirements pursuant to section 402 of H. Con. Res. 95 (109th Congress). SEC. 7. DEFINITIONS. For the purposes of this Act: (1) Affected institution.--The term ``affected institution'' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002))-- (A) located in an area affected by a Gulf hurricane disaster; and (B) that was forced to close, relocate, or significantly curtail its activities as a result of damage directly sustained by a Gulf hurricane disaster. (2) Faculty.--The term ``faculty'' means academic professionals, administrators, and staff employed by an affected institution-- (A) in the case of an institution located in an area affected by Hurricane Katrina, as of August 29, 2005; or (B) in the case of an institution located in an area affected by Hurricane Rita, as of September 24, 2005. (3) Gulf hurricane disaster.--The term ``Gulf hurricane disaster'' means a major disaster that the President declared to exist, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), and that was caused by Hurricane Katrina or Hurricane Rita. (4) Area affected by a gulf hurricane disaster.--The term ``area affected by a Gulf hurricane disaster'' means a county or parish, in an affected State, that has been designated by the Federal Emergency Management Agency for disaster assistance for individuals and households as a result of Hurricane Katrina or Hurricane Rita. (5) Affected state.--The term ``affected State'' means the State of Alabama, Louisiana, Mississippi, or Texas.

Gulf Coast College Revitalization Act - Expresses the sense of Congress that the assistance provided under this Act to revitalize institutions of higher education (IHE) affected by Hurricane Katrina or Hurricane Rita is a first step toward revitalizing and restoring the economic, social, and cultural prosperity of the entire Gulf Coast region. Directs the Secretary (of Education) to award grants to IHEs adversely affected by a Gulf hurricane disaster to assist the affected institutions in recruiting and retaining students and retaining faculty. Directs the Secretary to assume or cancel repayment obligations for qualified loan amounts under specified student loan programs under the Higher Education Act of 1965 for certain borrowers who return to or enroll in such affected IHEs in academic years 2005–2006, 2006–2007, or 2007–2008, and obtain associate’s or bachelor’s degrees from such IHEs. Designates such provisions for institutional grants and student loan forgiveness under this Act as emergency requirements pursuant to specified budget provisions of H. Con. Res. 95 of the 109th Congress.

To provide assistance to revitalize institutions of higher education affected by the Gulf hurricane disasters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Infrastructure Accelerator Act of 2017''. SEC. 2. PURPOSE. The purpose of this Act is to establish a regional infrastructure accelerator program that-- (1) facilitates and mobilizes investment in, and the long- term financing of, economically viable covered infrastructure projects of regional or national significance by providing funding for these projects, including through private sector financing, to accelerate the delivery of high-quality, critical infrastructure facilities through a self-sustaining regional infrastructure accelerator that mitigates risk with technical expertise and best practices; and (2) encourages regional infrastructure accelerators to provide assistance and communicate best practices and financing and funding opportunities to State, local, and regional public entities, to provide assistance with applications for Federal funding opportunities, to promote innovative financing best practices, and to reduce costs and risks to taxpayers. SEC. 3. REGIONAL INFRASTRUCTURE ACCELERATOR PROGRAM. Using amounts appropriated under section 10(1), the Secretary shall establish a regional infrastructure accelerator (RIA) program to provide initial and subsequent grants to RIAs in accordance with the requirements of this Act. SEC. 4. STRUCTURE OF REGIONAL INFRASTRUCTURE ACCELERATORS. (a) In General.--To be eligible to receive a grant under this Act, an RIA shall have a board of directors. (b) Board of Directors.-- (1) Composition.--The board of directors of an RIA shall include at least 1 representative of a State, local, or regional public entity in the area served by the RIA. (2) Appointment.--The members of the board of directors of an RIA shall be initially appointed by the person or entity that submitted an application on behalf of the RIA under section 5(a). Subsequent appointments to the board shall be made in accordance with such bylaws as may be adopted by the board. (3) Duties.--The duties of the board of directors of an RIA shall include-- (A) developing a final regional infrastructure accelerator plan for the RIA, based on the proposed plan submitted on behalf of the RIA under section 5(b); (B) selecting State, local, and regional public entities to receive subgrants from the RIA under section 6; and (C) submitting a report to the Secretary under subsection 5(d). (4) Requirements to approve plan.--In carrying out its duties under paragraph (3)(A), the board of directors of an RIA shall consider public stakeholder input from-- (A) a public project sponsor with experience in infrastructure financing; (B) an entity with the ability to finance covered infrastructure projects in the area served by the RIA, including private sector equity investors, public pension funds, endowments, and other financial investment funds; (C) a construction or real estate development entity with the capacity to develop covered infrastructure projects in the area served by the RIA; (D) a representative of an organized labor association or an association of workers representing labor and workplace standards; (E) a legal expert with experience in contract development and the execution of public-private partnerships; and (F) a representative of each Federal department or agency with jurisdiction over covered infrastructure projects being considered by the RIA. SEC. 5. INITIAL GRANTS. (a) Application.--An RIA desiring 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 reasonably require. (b) Proposed Plan.--An application submitted by an RIA under subsection (a) shall include a proposed plan that describes how the RIA will promote investment in covered infrastructure projects-- (1) by providing guidance and feedback to State, local, and regional public entities on infrastructure priorities, financing strategies, and other matters relating to such projects; (2) by evaluating and promoting innovative methods for financing such projects; (3) by establishing connections between sources of financing for such projects and appropriate State, local, and regional public entities; (4) by establishing standards to measure the life-cycle costs of investments in such projects; (5) by enhancing the capacity of State and local governments to evaluate and structure such projects that involve the investment of private capital; and (6) by providing technical assistance and information on best practices with respect to such projects, including-- (A) identifying and selecting qualified advisors, such as infrastructure financial analysts and contract negotiators; (B) incorporating resiliency risk analyses into the planning and design of such projects; (C) preparing and reviewing requests for qualifications and proposals from private sector partners; and (D) applying standardized analyses and processes that provide quantitative data on infrastructure investments, including a value-for-money analysis. (c) Selection.--For fiscal year 2018 and each fiscal year thereafter, the Secretary shall select, from among applications received under subsection (a), 5 RIAs from geographically diverse regions to receive a grant under this section. (d) Use of Funds.--An RIA that receives a grant under this section shall use the amounts of the grant-- (1) to assess regional approaches for advancing innovative investment in covered infrastructure projects; (2) to develop strategies for-- (A) transparency in the analysis of covered infrastructure projects to ensure protection of the public interest; (B) the bundling of smaller-scale and rural projects into larger covered infrastructure projects to facilitate transactions and investments; and (C) reducing transaction costs associated with investments in covered infrastructure projects; (3) to facilitate the creation of a catalog of covered infrastructure projects available for investment; (4) to analyze and apply procurement methods for covered infrastructure projects, including-- (A) assessing strategies for management of risks associated with covered infrastructure projects; (B) measuring the speed of completion and quality of covered infrastructure projects; and (C) assessing the use of contracting strategies for covered infrastructure projects in which teams provide design, construction, financing, and maintenance solutions to achieve performance outcomes; and (5) to complete the report of the RIA described in subsection (e). (e) Report.--Not later than 1 year after the date on which an RIA receives a grant under this section, the RIA shall submit to the Secretary a report that includes, at a minimum-- (1) an update on the implementation of the plan of the RIA described in subsection (a), as finalized by the board of directors of the RIA; (2) a description of the infrastructure needs of the region to be served by the RIA; (3) a proposal of covered infrastructure projects to be accomplished by the RIA through a subsequent grant, as awarded under section 6; and (4) the procurement strategies the RIA intends to use for such covered infrastructure projects. (f) Selection for Subsequent Grant.--Not later than 60 days after the date of receipt of the final report submitted by an RIA under subsection (e), the Secretary shall-- (1) review the reports submitted under subsection (e); and (2) for fiscal year 2019 and each fiscal year thereafter, select not fewer than 4 RIAs for which funds are appropriated under section 10 to receive a subsequent grant under section 6. SEC. 6. SUBSEQUENT GRANTS. (a) In General.--Using amounts appropriated under section 10(2), the Secretary shall award a subsequent grant to an RIA selected under section 4(f). (b) Subgrants.--An RIA shall use the amounts of a subsequent grant received under this section-- (1) to make subgrants to one or more State, local, or regional public entities for the purposes described in subsection (d); and (2) for such other purposes as the RIA, after notifying the Secretary, determines appropriate. (c) Application.--A State, local, or regional public entity desiring a subgrant from an RIA under this section may submit to the RIA an application for a subgrant at such time, in such manner, and containing such information as the RIA may reasonably require. (d) Use of Funds.--The amounts of a subgrant received by a State, local, or regional public entity from an RIA under this section may be used for payment of the following costs associated with a covered infrastructure project: (1) Project planning, feasibility studies, economic assessments, cost-benefit analyses, and public benefit studies. (2) Value-for-money analyses. (3) Design and engineering. (4) Financial planning (including the identification of funding and financing options). (5) Permitting, environmental review, and regulatory processes. (6) Assessment of the impacts of potential projects on the area, including the effect on communities and environment. (7) The workforce and wages and benefits, as well as assessment of infrastructure vulnerability and resilience to the impacts of climate change and other risks. (8) Public outreach and community engagement. (e) Amount.--A subgrant made by an RIA under this section may not be in an amount that is greater than $300,000 or 75 percent of the projected cost of activities described in subsection (d) associated with the covered infrastructure project concerned, whichever is less. The recipient of the subgrant shall provide funding for the remaining balance of such costs. (f) Limitation.--Funds made available under this section may not be used to pay for work already completed on a covered infrastructure project. SEC. 7. ADMINISTRATIVE PROVISIONS. (a) Prevailing Rate of Wage.-- (1) In general.--The Secretary shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors or subcontractors on construction work performed on projects assisted with a grant under this Act shall be paid wages at rates not less than those prevailing on the same type of work on similar construction in the immediate locality as determined by the Secretary of Labor in accordance with sections 3141, 3146, and 3147 of title 40, United States Code. (2) Consultation.--In carrying out the duties of paragraph (1), the Secretary of Labor shall consult with the relevant agency of the State in which a project assisted with a grant under this Act is to be performed. After giving due regard to the information thus obtained, the Secretary of Labor shall make a predetermination of the minimum wages to be paid laborers and mechanics in accordance with the provisions of paragraph (1) which shall be set out in each project advertisement for bids and in each bid proposal form and shall be made a part of the contract covering the project. (3) Exceptions.--The provisions of this paragraph shall not be applicable to employment pursuant to apprenticeship and skill training programs which have been certified by the Secretary as promoting equal employment opportunity in connection with a construction program. (b) Environmental Compliance.--The Secretary shall take such action as may be necessary to ensure that projects assisted with a grant under this Act are conducted in accordance with the environmental review and permitting process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 8. REPORT TO CONGRESS. (a) In General.--Not later than 1 year after the date on which the Secretary first makes a grant under this Act, the Secretary shall submit to Congress a report on the effectiveness of the Program. (b) Contents.--The report shall include-- (1) an overview of the Program; and (2) the findings of the Secretary on the effectiveness of regional collaboration on infrastructure investment, infrastructure finance, and the use of procurement methods (as described in section 5(d)(4)). SEC. 9. DEFINITIONS. In this Act, the following definitions shall apply: (1) Covered infrastructure project.--The term ``covered infrastructure project'' means a project that is located in a State, that is sponsored by a State, local, or regional public entity, and that involves the construction, consolidation, alteration, or repair of any of the following: (A) Intercity passenger or freight rail lines. (B) Intercity passenger rail facilities or equipment. (C) Intercity freight rail facilities or equipment. (D) Intercity passenger bus facilities or equipment. (E) Public transportation facilities or equipment. (F) Highway facilities, including bridges and tunnels. (G) Airports. (H) Air traffic control systems. (I) Port or marine terminal facilities, including approaches to marine terminal facilities or inland port facilities. (J) Port or marine equipment, including fixed equipment to serve approaches to marine terminals or inland ports. (K) Ports of entry or border crossing infrastructure. (L) Transmission or distribution pipelines. (M) Inland waterways. (N) Intermodal facilities or equipment related to two or more of the sectors described in subparagraphs (A) through (M). (O) Water treatment and solid waste disposal facilities, including drinking water facilities. (P) Storm water management systems. (Q) Dams and levees. (R) Facilities or equipment for energy transmission, distribution, or storage. (2) Life-cycle costs.--The term ``life-cycle costs'' means, with respect to an infrastructure facility, the budgetary impacts of the design, development, construction, and operations and maintenance of the infrastructure facility. (3) Program.--The term ``Program'' means the regional infrastructure accelerator program established under section 3. (4) Regional infrastructure accelerator; ria.--The term ``regional infrastructure accelerator'' or ``RIA'' means a multi-jurisdictional organization organized and dedicated to providing technical assistance, financing options, and resources for covered infrastructure projects within the jurisdictions represented in such organization. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (6) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out the Program-- (1) for fiscal year 2018 and each fiscal year thereafter-- (A) $11,500,000 for making initial grants to RIAs under section 5; and (B) $500,000 for covering the administrative costs of the Program; and (2) for fiscal year 2019 and each fiscal year thereafter, $13,000,000 for making subsequent grants to RIAs under section 6.

Regional Infrastructure Accelerator Act of 2017 This bill authorizes the Department of the Treasury to establish a regional infrastructure accelerator (RIA) program to provide initial and subsequent grants to RIAs to facilitate investment in, and long-term financing of, economically viable covered infrastructure projects. An "RIA" is defined as a multi-jurisdictional organization dedicated to providing technical assistance, financing options, and resources for covered infrastructure projects within the represented jurisdictions. A "covered infrastructure project" is defined as a project sponsored by a state, local, or regional public entity that involves the construction, consolidation, alteration, or repair of rail, bus, or public transportation facilities or equipment, highway facilities (including bridges and tunnels), airports, port or marine facilities and equipment, pipelines, inland waterways, intermodal facilities and equipment, water treatment and solid waste disposal facilities, storm water management systems, dams and levees, and facilities or equipment for energy transmission, distribution, or storage. From applications received, Treasury shall select five RIAs from geographically diverse regions to receive initial grants. An RIA shall use such a grant to: assess regional approaches for advancing innovative investment in covered infrastructure projects; develop strategies for transparency in the analysis of such projects to ensure protection of the public interest, for the bundling of smaller scale and rural projects into larger covered infrastructure projects to facilitate transactions and investments, and for reducing transaction costs associated with investments in such projects; facilitate the creation of a catalog of covered infrastructure projects available for investment; and analyze and apply project procurement methods for covered infrastructure projects. Treasury shall review final reports submitted by RIAs and select four of them to receive subsequent grants. A selected RIA shall use such subsequent grant to make subgrants to public entities for costs associated with a covered infrastructure project.

Regional Infrastructure Accelerator Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Cleanup Taxpayer Protection Act''. SEC. 2. SURFACE COAL MINING BONDING. Section 509 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1259) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Alternative Bonding System.--The Secretary may approve as part of a State or Federal program an alternative system that will-- ``(1) achieve the objectives and purposes of the bonding program pursuant to this section; and ``(2) result in no greater risk of financial liability to the Federal Government or a State government than the bonding program under this section.''; and (2) by adding at the end the following: ``(f) Self-Bonding.-- ``(1) Federal programs.-- ``(A) In general.--Effective on the date of enactment of this subsection, the Secretary-- ``(i) may not accept the bond of the applicant itself (referred to in this subsection as a `self-bond'); but ``(ii) may accept a separate surety or collateral bond, consistent with the terms under subsection (b). ``(B) Existing self-bonds.--For coal mining operations covered by a self-bond accepted by the Secretary prior to the date of enactment of this subsection, the permittee shall replace the self-bond with another form of bond acceptable to the Secretary under this section by not later than the earlier of-- ``(i) the date of renewal of the permit under section 506(d); and ``(ii) the date of any major permit modification under section 506. ``(2) State programs.-- ``(A) In general.--Not later than 90 days after the date of enactment of this subsection, the Secretary shall notify all State regulatory authorities that allow applicants to self-bond that the approved regulatory programs of the State regulatory authority must be amended-- ``(i) to remove the authority for applicants to self-bond; and ``(ii) to require coal mining operations covered by a self-bond accepted by the State regulatory authority prior to the date of enactment of this subsection to replace the self-bond with another form of bond acceptable under this section by not later than the earlier of-- ``(I) the date of renewal of the permit under section 506(d); and ``(II) the date of any major permit modification under section 506. ``(g) Bonds Issued by Surety.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall issue rules establishing limitations on surety bonds accepted under this section to minimize the risk of financial liability to the Federal Government or a State government, including rules regarding-- ``(A) the maximum quantity of corporate surety bonds issued by any 1 corporate surety as a percentage of the total quantity of coal mine reclamation bonds in any 1 State; ``(B) the minimum percentage of surety bonds unrelated to activities regulated pursuant to this Act required to reinsure corporate surety bonds; ``(C) the minimum collateralization required for corporate surety bonds; and ``(D) the minimum amount of cash assets required to be held by a corporate surety as a percentage of coal mine reclamation bonds issued by the corporate surety. ``(2) Existing corporate bonds.--Corporate surety bonds in existence on the date of enactment of this subsection must be modified or replaced as necessary by not later than 1 year after the date on which the rule is issued under paragraph (1). ``(h) Collateral Requirements.--Real property posted as collateral for a bond may not include-- ``(1) coal; ``(2) a coal mine; ``(3) land that includes a coal mine; ``(4) land that is located above a coal mine; ``(5) a coal processing facility; ``(6) a coal waste disposal site; ``(7) coal mining equipment unlikely to retain salvage or resale value; or ``(8) any other property determined by the Secretary. ``(i) Executive Compensation.--The Secretary may require the inclusion of executive compensation, including salaries and bonuses of officers and executives, of an applicant under this section, and any affiliated company, as collateral for a bond under this section.''.

Coal Cleanup Taxpayer Protection Act This bill amends the Surface Mining Control and Reclamation Act to prohibit the Office of Surface Mining and Reclamation Enforcement (OSMRE)and state regulatory authoritiesfrom accepting new self-bonds for coal reclamation.Additionally, any existing self-bonds or corporate bondsutilized for coal reclamationmust be converted to surety or collateral bonds. The OSMRE may approve state or federal alternative coal miningbond programs thatresult in no greater risk of financial liability to the federalgovernment than a surety or collateral bond program. The bill also requires the OSMRE to issue rules establishing limitations on surety bondsto minimize the financial liability to the federal or stategovernment.

Coal Cleanup Taxpayer Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Human Rights Sanctions Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Iran voted in the United Nations General Assembly on December 10, 1948, to adopt the Universal Declaration of Human Rights, thereby committing to guarantee the ``life, liberty, and security of person'' of all people and rejecting ``cruel, inhuman, or degrading treatment or punishment''. (2) Iran is a party to major international human rights instruments. (3) The Government of Iran is violating its international obligations to respect the human rights and fundamental freedoms of its citizens, including by-- (A) using torture and cruel, inhuman, or degrading treatment or punishment, including flogging, and amputations; (B) carrying out an increasingly high rate of executions in the absence of internationally recognized safeguards, including public executions; (C) using stoning as a method of execution and maintaining a high number of persons in prison who continue to face sentences of execution by stoning; (D) carrying out arrests, violent repression, and sentencing of women exercising their right to peaceful assembly, a campaign of intimidation against women's rights defenders, and continuing discrimination against women and girls; (E) permitting or carrying out increasing discrimination and other human rights violations against persons belonging to religious, ethnic, linguistic, or other minorities; (F) imposing ongoing, systematic, and serious restrictions of freedom of peaceful assembly and association and freedom of opinion and expression, including the continuing closures of media outlets, arrests of journalists, and the censorship of expression in online forums such as blogs and websites; and (G) imposing severe limitations and restrictions on freedom of religion and belief, including by carrying out arbitrary arrests, indefinite detentions, and lengthy jail sentences for those exercising their rights to freedom of religion or belief and proposing a provision in a draft penal code that sets out a mandatory death sentence for apostasy, the abandoning of one's faith. (4) On June 19, 2009, the United Nations High Commissioner for Human Rights expressed concerns about the increasing number of arrests not in conformity with the law and the illegal use of excessive force in responding to protests following the June 12, 2009, political processes in Iran, resulting in at least dozens of deaths and hundreds of injuries. (5) On August 1, 2009, authorities in the Government of Iran began a mass trial of more than 100 individuals in connection with election protests, most of whom were held for weeks, in solitary confinement, with little or no access to their lawyers or families, and many of whom showed signs of torture or abuse. (6) The ``Supreme Leader'' of Iran issued a statement on October 28, 2009, effectively criminalizing dissent in the aftermath of the national political processes of June 12, 2009. (7) On November 4, 2009, security forces in the Government of Iran used brutal force to disperse thousands of protesters, resulting in a number of injuries and arrests, in violation of international norms regarding the proportionate use of force against peaceful demonstrations. (8) At least 8 citizens of Iran were killed and an undetermined number were injured on December 27, 2009, when security forces of the Government of Iran violently broke up peaceful gatherings during the Ashura holiday. (9) The Government of Iran has recently sentenced numerous Iranian citizens to death without due process for politicized crimes relating to the peaceful demonstrations that followed the June 12, 2009, political processes, including ``waging war against God'', and has begun carrying out those execution sentences, including the death by hanging of 2 individuals on January 28, 2010. (10) The Iran Freedom Support Act (Public Law 109-293; 50 U.S.C. 1701 note) declares that it should be the policy of the United States-- (A) to support efforts by the people of Iran to exercise self-determination over the form of government of their country; and (B) to support independent human rights and peaceful pro-democracy forces in Iran. SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST CITIZENS OF IRAN OR THEIR FAMILY MEMBERS AFTER THE JUNE 12, 2009, POLITICAL PROCESSES IN IRAN. (a) In General.--The President shall impose sanctions described in subsection (c) (1) and (2) with respect to each person on the list required by subsection (b), beginning not later than the date on which the President submits to the appropriate congressional committees the list required by subsection (b)(1) or the updated list required by subsection (b)(2) (as the case may be). (b) List of Persons Who Are Complicit in Certain Human Rights Abuses.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons who are citizens of Iran that the President determines are complicit in human rights abuses committed against citizens of Iran or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. (2) Updates of list.--Not later than 180 days after the date of the enactment of this Act, and every 90 days thereafter, the President shall submit to the appropriate congressional committees an updated list under paragraph (1). (3) Public availability.--The list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. (4) Consideration of data from other countries and nongovernmental organizations.--In preparing the list required by paragraph (1), the President shall consider data already obtained by other countries and nongovernmental organizations, including organizations in Iran, that monitor the human rights abuses of the Government of Iran. (c) Sanctions Described.--The sanctions described in this subsection are the following: (1) Visa ban.--Ineligibility for a visa to enter the United States. (2) Financial sanctions.--Sanctions authorized under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), including blocking of property and restrictions or prohibitions on financial transactions and the exportation and importation of property. (d) Termination of Sanctions.--The provisions of this section shall cease to have force and effect beginning 90 days after the date on which the President determines and certifies to the appropriate congressional committees that-- (1) the persons sanctioned under this section have ceased to be complicit in human rights abuses committed against citizens of Iran or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran; and (2) the Government of Iran has-- (A) unconditionally released all political prisoners, including the citizens of Iran detained in the aftermath of the June 12, 2009, political processes in Iran, and allowed for investigations of Iranian prisons by appropriate international human rights organizations; (B) ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Iran while engaging in peaceful political activity; (C) conducted a transparent investigation into the killings, arrest, and abuse of peaceful political activists in Iran and prosecuted those responsible; (D) legalized all political activity; (E) made public commitments to organizing free and fair elections for a new government-- (i) to be held in a timely manner within a period not to exceed 180 days after the date on which the President makes the determination and certification to the appropriate congressional committees under this subsection; (ii) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and (iii) to be conducted under the supervision of internationally recognized observers; (F) ceased any interference with broadcasts such as Voice of America and Radio Farda; and (G) made public commitments to and is making demonstrable progress in-- (i) establishing an independent judiciary; and (ii) respecting internationally recognized human rights and basic freedoms as recognized in the Universal Declaration of Human Rights. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' has the meaning given that term in section 14(2) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (2) Country reports on human rights practices.--The term ``Country Reports on Human Rights Practices'' means the annual reports required to be submitted by the Department of State to Congress under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)). (3) Government of iran.--The term ``Government of Iran'' includes any agency or instrumentality of the Government of Iran, including any entity that is controlled by the Government of Iran. (4) Human rights abuses.--The term ``human rights abuses'' means those forms of abuses detailed in the Department of State's annual Country Reports on Human Rights Practices.

Iran Human Rights Sanctions Act - Directs the President to impose visa entry and financial sanctions on a person determined to be complicit in human rights abuses committed against Iranian citizens or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. Requires that: (1) the list of such persons required by this Act be made available to the public and posted on the Department of the Treasury and the Department of State websites; and (2) the President consider data obtained by other countries and nongovernmental organizations that monitor Iran's human rights abuses in preparing such list. Terminates sanctions upon presidential certification to Congress that: (1) the sanctioned persons have ceased complicity in human rights abuses; and (2) the government of Iran has released all political prisoners, ceased its killing and abuse of Iranian citizens engaging in peaceful political activity and prosecuted those responsible, committed itself to free elections and respect for human rights, and ceased broadcast interference.

To impose sanctions on persons who are complicit in human rights abuses committed against citizens of Iran or their family members after the June 12, 2009, political processes in Iran, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) The volume of crude oil transported by rail has significantly increased from-- (A) 21,000 barrels a day in 2009 to 1.1 million barrels a day in 2014; and (B) 9,500 rail-carloads in 2008 to 415,000 rail- carloads in 2013. (2) At any given time, more than 2.5 million gallons of crude oil is being transported across the country to refineries totaling a distance of more than 1,000 miles. (3) More oil was spilled in 2013 from freight traffic than in the previous 4 decades combined. (4) Increased spills result in catastrophes that have significantly and adversely impacted the following communities: (A) Minnesota, in March 2013, when 30,000 gallons of crude oil spilled because of derailed cars. (B) Lac-Meegantic, Canada, in July 2013, when 1.6 million gallons of crude oil spilled, igniting a fire and exploding, killing 47 people and forcing 2,000 people from their homes. (C) North Dakota, in December 2013, when 400,000 million gallons of crude oil spilled, igniting a fire and forcing 65 percent of residents from their homes. (D) Virginia, in March 2014, when thousands of gallons of oil spilled, contaminating the James River and requiring the evacuation of 78,000 people in the downtown of the city. (E) West Virginia, in February 2015, when 26 cars containing oil that exceeded volatility standards for transport derailed, igniting fires and explosions, threatening the water supply, and forcing hundreds of people from their homes. (5) Hazardous materials must be properly classified for transportation, according to requirements from the Pipeline and Hazardous Materials Safety Administration (PHMSA). (6) Crude oil is categorized as a Class 3 flammable liquid in either Packing Group (PG) I or II. (7) Due to serious mislabeling practices, the Department of Transportation's Emergency Order (Docket No. DOT-OST-2014-0025) from February 2014 has forbidden the labeling of crude oil as PG III for transport and handling until further notice; shipments must be labeled as either PG I (most serious hazard) or PG II (moderate hazard) for proper handling and transport of crude oil. (8) PHMSA has found that crude oil from the Bakken region (in North Dakota, Montana, and Canada) is ``more volatile than most other types of crude,'' and subsequently, more flammable. (9) The samples that PHMSA tested from the Bakken region ``displayed characteristics consistent with those of a Class 3 flammable liquid, PG I or II, with a predominance to PG I, the most dangerous class of Class 3 flammable liquids''. (10) The oil industry group North Dakota Petroleum Council has recommended that Bakken crude oil be labeled as PG I hazardous materials for transportation. (11) Oil from the Bakken region accounts for about 12 percent of total domestic production. (12) The National Transportation Safety Board (NTSB) has expressed concern ``that major loss of life, property damage and environmental consequences can occur when large volumes of crude oil or other flammable liquids are transported on a single train involved in an accident''. (13) The NTSB has recommended that routes transporting hazardous materials present the fewest overall safety and security risks by avoiding populated areas. SEC. 2. STUDY ON IMPACT OF DIVERTING CERTAIN FREIGHT RAIL TO AVOID URBAN AREAS. (a) In General.--Not later than 3 months after the date of enactment of this Act, the Secretary of Transportation shall make appropriate arrangements with the Transportation Research Board of the National Academies under which the Board shall conduct a study on the cost and impact of rerouting freight rail traffic containing hazardous material to avoid transportation of such hazardous material through urban areas. (b) Contents of Study.--The study described under subsection (a) shall include-- (1) the benefits of rerouting freight rail traffic containing hazardous material to alternate railroad routes that avoid urban areas, including benefits to the health and safety of the individuals living in such urban areas; (2) the benefits of construction of alternative railroad routes that avoid urban areas for transportation of freight rail containing hazardous material; (3) the logistical feasibility of the actions described in paragraphs (1) and (2); and (4) the costs of taking the actions described in paragraphs (1) and (2). (c) Report.--In entering into an arrangement under subsection (a), the Secretary shall request that the Board transmit to Congress a report on the results of the study not later than 21 months after the date of enactment of this Act. (d) Definitions.-- (1) Hazardous material.--The term ``hazardous material'' has the meaning given such term in section 5102 of title 49, United States Code. (2) Urban area.--The term ``urban area'' means an urban area, as designated by the Bureau of the Census, with a population of greater than 30,000. (e) Authorization of Appropriations.--There are authorized to be appropriated $850,000 to carry out this Act.

Directs the Secretary of Transportation to make appropriate arrangements with the Transportation Research Board of the National Academy of Sciences, the National Academy of Engineering, the Institute of Medicine, and the National Research Council to study the cost and impact of rerouting freight rail traffic of hazardous material to avoid its transportation through urban areas.

To provide for a study by the Transportation Research Board of the National Academies on the impact of diverting certain freight rail traffic to avoid urban areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Repeal of Expensive Exchanges Act'' or the ``FREE Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Patient Protection and Affordable Care Act makes health care more expensive and less accessible, while also driving up the Federal deficit and debt. (2) This increase in cost is most noticeable in the health insurance exchanges established under such Act, which would increase the Federal deficit by $1.017 trillion over an eleven- year timeframe, as stated in a July, 2012 Congressional Budget Office report. (3) The Federal mandate to establish health insurance exchanges directly assaults the States' traditional authority to regulate health insurance. (4) Such Federal mandate imposes unknown insurance costs on consumers and administrative costs on States. (5) Such Federal mandate imposes a ``one-size-fits-all'' approach that ignores State differences. (6) Such Federal mandate undermines choice and competition and guarantees further consolidation of the health insurance markets. SEC. 3. REPEAL OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT PREMIUM TAX CREDITS AND COST-SHARING SUBSIDIES. (a) Premium Tax Credits.--The Internal Revenue Code of 1986 is amended by striking section 36B. (b) Advance Determination and Payment of Premium Tax Credits and Cost-Sharing Reductions.--The Patient Protection and Affordable Care Act is amended by striking section 1412. (c) Cost-Sharing.--The Patient Protection and Affordable Care Act is amended by striking section 1402. (d) Conforming Amendments.-- (1) Internal revenue code of 1986.-- (A) Section 280C of the Internal Revenue Code of 1986 is amended by striking subsection (g). (B) Clause (iii) of section 6055(b)(1)(B) of such Code is amended to read as follows: ``(iii) in the case of minimum essential coverage which consists of health insurance coverage, information concerning whether or not the coverage is a qualified health plan offered through an Exchange established under section 1311 of the Patient Protection and Affordable Care Act, and''; and (C) Section 6103(l)(21) of such Code is amended-- (i) by striking ``any premium tax credit under section 36B or any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act or'' in the matter preceding subparagraph (i), (ii) by striking ``(as defined in section 36B)'' in subparagraph (A)(iv), and (iii) by adding at the end the following: ``(D) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means adjusted gross income increased by-- ``(i) any amount excluded from gross income under section 911, ``(ii) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and ``(iii) an amount equal to the portion of the taxpayer's social security benefits (as defined in section 86(d)) which is not included in gross income under section 86 for the taxable year.''. (D) Section 6211(b)(4)(A) of such Code is amended by striking ``36B,''. (E) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36B. (2) Fair labor standards act of 1938.-- (A) Section 18B(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 218b(a)) is amended-- (i) by inserting ``and'' at the end of paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (B) Section 18C(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 218c(a)) is amended by striking paragraph (1) and by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (3) Public health service act.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended-- (A) in section 2705(l)(3)(A) (42 U.S.C. 300gg- 4(l)(3)(A))-- (i) by striking the em dash before clause (i) and inserting ``will not result in any decrease in coverage.''; and (ii) by striking clauses (i) and (ii); and (B) in section 2793(c) (300gg-93(c))-- (i) by inserting ``and'' at the end of paragraph (3); (ii) by striking ``; and'' at the end of paragraph (4); and (iii) by striking paragraph (5). (4) Patient protection and affordable care act.--The Patient Protection and Affordable Care Act (Public Law 111-148, as amended) is amended-- (A) in section 1303(b) by striking paragraph (2); (B) in section 1311(c)(5)(B) (42 U.S.C. 18031(c)(5)(B)), by striking ``or eligible for a premium tax credit or cost-sharing reduction''; (C) in section 1311(d)(4) (42 U.S.C. 18031(d)(4))-- (i) in subparagraph (G), by striking ``after the application of any premium tax credit'' and all that follows through ``section 1402''; and (ii) in subparagraph (I), by striking clause (ii); (D) in section 1311(i)(3)(B) (42 U.S.C. 18031(i)(3)(B)), by striking ``, and the availability of premium tax credits'' and all that follows through ``section 1402''; (E) in section 1312(e) (42 U.S.C. 18032(e))-- (i) in paragraph (1), by striking ``; and'' and inserting a period; (ii) by striking paragraph (2); and (iii) by striking ``brokers--'' and all that follows through ``to enroll'' and inserting ``brokers to enroll''; (F) in section 1313(a)(6)(A) (42 U.S.C. 18033(a)(6)(A)), by striking ``, including payments of premium tax credits and cost-sharing reductions through the Exchange''; (G) in section 1331(d)(3)(A)(i) (42 U.S.C. 18051) is amended by inserting ``and the Federal Repeal of Expensive Exchanges Act had not been enacted'' before the period at the end; (H) in section 1332(a) (42 U.S.C. 18052(a))-- (i) in paragraph (2)-- (I) by striking subparagraph (C); and (II) in subparagraph (D) by striking ``36B, 4980H,'' and inserting ``4980H''; and (ii) in paragraph (3), by striking ``premium tax credits, cost-sharing reductions''; (I) in section 1334(c) (42 U.S.C. 18054(c)) by striking paragraph (3); (J) in section 1401(c)(1)(A), by striking clause (i); (K) in section 1411 (42 U.S.C. 18081)-- (i) in subsection (a)(1)-- (I) by striking ``or who is claiming a premium tax credit or reduced cost-sharing,''; and (II) by striking ``sections 1312(f)(3), 1402(e), and 1412(d)'' and inserting ``section 1312(f)(3)''; (ii) in subsection (a), by striking paragraph (2); (iii) in subsection (b), by striking paragraphs (3) and (4); (iv) in subsection (e)-- (I) in paragraph (2), by amending subparagraph (A) to read as follows: ``(A) Eligibility for enrollment.--If information provided by an applicant under paragraphs (1) and (2) of subsection (b) is verified under subsections (c) and (d) the individual's eligibility to enroll through the Exchange shall be satisfied.''; and (II) in paragraph (4)(B), by striking clauses (ii) and (iii) and redesignating clause (iv) as clause (ii); (v) by striking subsection (f)(2); (vi) in subsection (g)(1)-- (I) by striking ``or for a premium tax credit or cost-sharing reduction'', and (II) by striking ``, determine eligibility, and determine the amount of the credit or reduction'' and inserting ``and determine eligibility''; and (vii) in subsection (g)(2) by striking ``or to claim a premium tax credit or cost-sharing reduction or the amount of the credit or reduction''; (L) in section 1413(e)(1) (42 U.S.C. 18083(e)(1)), by striking ``, including the premium tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402''; (M) by striking section 1415 (42 U.S.C. 18084); and (N) in section 2901 (25 U.S.C. 1623), by striking subsection (a). (5) Social security act.--Section 1943(b) of the Social Security Act (42 U.S.C. 1396w-3(b)) is amended-- (A) in paragraph (1)(C)-- (i) by striking ``and, if applicable, premium assistance'' and all that follows through ``section 1412 of the Patient Protection and Affordable Care Act),''; and (ii) by striking ``reduced cost-sharing for eligible individuals under section 1402 of the Patient Protection and Affordable Care Act, and any other'' and inserting ``any''; (B) in paragraph (1)(D), by striking ``, child health assistance, or premium assistance,'' and inserting ``or child health assistance,''; (C) by striking paragraph (2); and (D) in paragraph (4), by striking ``and who is eligible to receive premium credit assistance for the purchase of a qualified health plan under section 36B of the Internal Revenue Code of 1986''. SEC. 4. REPEAL OF EMPLOYER AND INDIVIDUAL MANDATES. (a) Employer Mandate.-- (1) In general.--Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H, and the table of sections for such chapter is amended by striking the item relating to section 4980H. (2) Information return.-- (A) Chapter 61 of such Code is amended by striking section 6056, and the table of sections for such chapter is amended by striking the item relating to section 6056. (B) Section 6724(d) of such Code is amended-- (i) in paragraph (1)(B) by inserting ``or'' at the end of clause (xxiii), by striking ``or'' at the end of clause (xxiv) and inserting ``and'', and by striking clause (xxv), and (ii) in paragraph (2) by inserting ``or'' at the end of subparagraph (FF), by striking ``or'' at the end of subparagraph (GG) and inserting ``and'', and by striking subparagraph (HH). (3) Patient protection and affordable care act conforming amendments.-- (A) Section 1332(a)(2)(D) of the Patient Protection and Affordable Care Act (as amended by section 3(d)(4)(H) of this Act) is amended by striking ``Sections 4980H'' and inserting ``Section''. (B) Section 1513 of the Patient Protection and Affordable Care Act is amended by striking subsection (c). (b) Repeal of Individual Health Insurance Mandate.-- (1) In general.--Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Termination.--This section shall not apply with respect to any month beginning after December 31, 2013.''. (2) Conforming amendment.--Section 1311(d)(4) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(d)(4)) is amended by striking subparagraph (H). (c) Effective Date.--The amendments made by this section shall apply as if included in the respective sections the Patient Protection and Affordable Care Act to which such amendments relate.

Federal Repeal of Expensive Exchanges Act or the FREE Act - Repeals provisions of the Internal Revenue Code and the Patient Protection and Affordable Care Act (PPACA) providing for: (1) a health insurance premium assistance tax credit and advance payments for credit amounts, (2) reductions in out-of-pocket health care expenses for certain low income taxpayers (cost-sharing) and advance payments of cost-sharing amounts, (3) the individual mandate to purchase health care coverage under PPACA, and (4) the employer mandate to provide health care coverage to employees under PPACA and the reporting requirements with respect to such mandate.

FREE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Partners in Reconstruction Act of 2006''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632); and (3) the term ``small business concern owned and controlled by socially and economically disadvantaged individuals'' has the same meaning as in section 8 of the Small Business Act (15 U.S.C. 637). SEC. 3. SMALL BUSINESS PROCUREMENT FLEXIBILITIES; GOVERNMENT-WIDE GUIDANCE. Section 5 of the Small Business Act (15 U.S.C. 634) is amended by adding at the end the following: ``(i) Small Business Emergency Procurement Flexibilities; Government-Wide Guidance.-- ``(1) Definition.--In this subsection, the term `Guidelines' means the guidelines entitled `Emergency Procurement Flexibilities (A Framework for Responsive Contracting & Guidelines for Using Simplified Acquisition Procedures)' issued by the Office of Federal Procurement Policy of the Office of Management and Budget on May 30, 2003, or any successor thereto. ``(2) Office of federal procurement policy.--In order to enable the Federal Government to purchase goods and service quickly and efficiently in times of disaster, contingency, or other emergency, while promoting small business concern utilization, the Administrator for Federal Procurement Policy shall-- ``(A) ensure that the Guidelines continue to strongly encourage that the Federal Government utilize the small business procurement flexibilities in this Act; ``(B) ensure that the Guidelines fully address all available small business procurement flexibilities (including flexibilities authorized for small business concerns owned and controlled by socially and economically disadvantaged individuals under section 8(a), HUBZone small business concerns, and small business concerns owned and controlled by service- disabled veterans); ``(C) periodically revise, update, or modify the Guidelines; ``(D) publish the Guidelines, as updated to comply with this paragraph, in the Federal Register; and ``(E) consult with the Administrator on any changes to the Guidelines. ``(3) Administration.--The Administrator shall, with regard to the Guidelines-- ``(A) develop and conduct ongoing government-wide training on small business emergency procurement flexibilities (including flexibilities authorized for small business concerns owned and controlled by socially and economically disadvantaged individuals under section 8(a), HUBZone small business concerns, and small business concerns owned and controlled by service-disabled veterans); and ``(B) designate not fewer than 1 official to provide advice and assistance to the Office of Federal Procurement Policy and other Federal agencies on the use of small business procurement flexibilities in times of disaster, contingency, or other emergency.''. SEC. 4. PAPERWORK RECIPROCITY FOR SMALL DISASTER CONTRACTORS. Not later than 30 days after the date of enactment of this Act, the Administrator shall ensure that all eligible small business concerns receive the full benefit of reciprocity in certifications between Federal and Federally-funded contracting programs for small business concerns owned and controlled by socially and economically disadvantaged individuals. SEC. 5. HURRICANE KATRINA AND RITA SMALL BUSINESS CONTRACTING DATA. Not later than 30 days after the date of enactment of this Act, the Administrator for Federal Procurement Policy and the Administrator shall ensure that the Federal Procurement Data System contains comprehensive Government-wide data on small business participation in contracting related to Hurricane Katrina of 2005 or Hurricane Rita of 2005. SEC. 6. DISASTER AREA HUBZONES. Section 3(p)(1) of the Small Business Act (15 U.S.C. 632(p)(1)) is amended-- (1) in subparagraph (D), by striking ``or''; (2) in subparagraph (E), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(F) any area affected by Hurricane Katrina of 2005 or Hurricane Rita of 2005, for such time or in such geographic area as designated by the Administrator.''. SEC. 7. DISASTER CONTRACTING OUTREACH PROGRAMS FOR SMALL BUSINESSES. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Administrator shall establish a contracting outreach and technical assistance program for small business concerns that-- (1) had a primary place of business, or other significant presence, in the area affected by Hurricane Katrina of 2005 or Hurricane Rita of 2005, as designated by the Administrator under section 7(b)(2) of the Small Business Act, beginning on the date that is 60 days before the date of that designation by the Administrator; or (2) have a primary place of business, or other significant presence, in the area affected by Hurricane Katrina of 2005 or Hurricane Rita of 2005, as designated by the Administrator under section 7(b)(2) of the Small Business Act, during the period beginning on the date of that designation and ending on the date that is 5 years after the date of that designation. (b) Administrator Action.--The Administrator may fulfill the requirement of subsection (a) by acting through-- (1) the Administration; (2) the Federal agency small business officials designated under section 15(k)(1) of the Small Business Act (15 U.S.C. 644(k)(1)); and (3) any Federal, State, or local government entity, higher education institution, Procurement Technical Assistance Center, or private nonprofit organization that the Administrator determines is proper, upon conclusion of a memorandum of understanding or assistance agreement, as appropriate, with the Administrator. SEC. 8. SMALL BUSINESS BONDING THRESHOLD. (a) In General.--Except as provided in subsection (b), and notwithstanding any other provision of law, for any procurement related to Hurricane Katrina of 2005 or Hurricane Rita of 2005, the Administrator may, upon such terms and conditions as the Administrator may prescribe, guarantee and enter into commitments to guarantee any surety against loss resulting from a breach of the terms of a bid bond, payment bond, performance bond, or bonds ancillary thereto, by a principal on any total work order or contract amount at the time of bond execution that does not exceed $5,000,000. (b) Increase of Amount.--Upon request of the head of any Federal agency other than the Administration involved in reconstruction efforts in response to Hurricane Katrina of 2005 or Hurricane Rita of 2005, the Administrator may guarantee and enter into a commitment to guarantee any security against loss under subsection (a) on any total work order or contract amount at the time of bond execution that does not exceed $10,000,000. SEC. 9. FAIR SMALL BUSINESS PARTICIPATION. In order to facilitate the maximum practicable participation of small business concerns in activities related to relief and recovery from Hurricane Katrina of 2005 and Hurricane Rita of 2005, the Administrator and the head of any Federal agency making procurements related to the aftermath of Hurricane Katrina of 2005 or Hurricane Rita of 2005, shall set a goal of awarding to small business concerns not less than 30 percent of amounts expended for prime contracts and not less than 40 percent of amounts expended for subcontracts on procurements by such agency related to the aftermath of Hurricane Katrina of 2005 or Hurricane Rita of 2005, respectively. SEC. 10. PROTECTION OF SMALL BUSINESS RESERVATION. Section 15(j) of the Small Business Act (15 U.S.C. 644(j)) is amended by adding at the end the following: ``(4) For any contracts involving the use of the special emergency procurement authority under section 32A(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 428a(c)), the dollar ceiling of the small business reservation established in paragraph (1) shall be adjusted to match the applicable amount of the simplified acquisition threshold.''. SEC. 11. SMALL BUSINESS MULTIPLE-AWARD DISASTER CONTRACTS. (a) In General.--The Administrator and the Administrator for Federal Procurement Policy shall ensure that the Federal Government establishes and maintains multiple-award contracts with small business concerns of all categories on a nationwide and regional basis for the purpose of conducting or supporting Federal disaster recovery efforts. (b) Report.--At the end of each fiscal year, the Administrator and the Administrator for Federal Procurement Policy shall submit to Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report describing the terms, conditions, and status of the contracts described in subsection (a) awarded during the preceding fiscal year. SEC. 12. TRANSPARENCY IN DISASTER SUBCONTRACTING. The Administrator and the head of each executive agency awarding recovery and reconstruction contracts related to Hurricane Katrina of 2005 or Hurricane Rita of 2005 shall ensure that each such contract for which a small business subcontracting plan is required by law or contract terms contains a clause requiring the posting of subcontracting opportunities on the SUB-Net database established by the Administration under section 8(e) of the Small Business Act (15 U.S.C. 637(e)), or any successor thereto. SEC. 13. PROTECTION OF SMALL BUSINESS SUBCONTRACTING. Section 8(d)(4)(D) of the Small Business Act (15 U.S.C. 637(d)(4)(D)) is amended-- (1) by striking ``(D) No contract'' and inserting the following: ``(D) Small business participation.-- ``(i) In general.--No contract''; and (2) by adding at the end the following: ``(ii) Emergency procurements.-- ``(I) In general.--For any contract which otherwise meets the requirements of this subsection, and which involves the use of special emergency procurement authority under section 32A(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 428a(c)), the subcontracting plan required under this subsection shall be negotiated as soon as is practicable, but not later than 30 days after the date on which the contract is awarded. ``(II) Payment.--Not greater than 50 percent of the amounts due under any contract described in subclause (I) may be paid, unless a subcontracting plan compliant with this subsection is negotiated by the contractor.''. SEC. 14. CONTRACTING PRIORITY FOR LOCAL SMALL BUSINESSES. Section 15(d) of the Small Business Act (15 U.S.C. 644(d)) is amended-- (1) by striking ``(d) For purposes'' and inserting the following: ``(d) Contracting Priorities.-- ``(1) In general.--For purposes''; and (2) by adding at the end the following: ``(2) Disaster contracting priority in general.--The Administrator shall designate any disaster area as an area of concentrated unemployment or underemployment, or a labor surplus area for purposes of paragraph (1). ``(3) Local small businesses.-- ``(A) In general.--The Administrator shall give priority in the awarding of contracts and the placement of subcontracts for disaster relief to local small business concerns. ``(B) Other agencies.--The head of each executive agency shall give priority in the awarding of contracts and the placement of subcontracts for disaster relief to local small business concerns, by using, as appropriate-- ``(i) preferential factors in evaluations of contract bids and proposals; ``(ii) competitions restricted to local small business concerns, where there is a reasonable expectation of receiving competitive, reasonably priced bids or proposals from not fewer than 2 local small business concerns; ``(iii) requirements of preference for local small business concerns in subcontracting plans; and ``(iv) assessments of liquidated damages and other contractual penalties, including contract termination. ``(C) Other disaster assistance.--Priority shall be given to local small business concerns in the awarding of contracts and the placement of subcontracts for disaster relief in any Federal procurement and any procurement by a State or local government made with Federal disaster assistance funds. ``(4) Definitions.--In this subsection-- ``(A) the term `declared disaster' means Hurricane Katrina of 2005, Hurricane Rita of 2005, or any other disaster, as designated by the Administrator; ``(B) the term `disaster area' means any State or area affected by a declared disaster, as determined by the Administrator; ``(C) the term `executive agency' has the same meaning as in section 105 of title 5, United States Code; and ``(D) the term `local small business concern' means a small business concern that-- ``(i) on the date immediately preceding the date on which a declared disaster occurred-- ``(I) had a principal office in the disaster area for such declared disaster; and ``(II) employed a majority of the workforce of such small business concern in the disaster area for such declared disaster; and ``(ii) is capable of performing a substantial proportion of any contract or subcontract for disaster relief within the disaster area for such declared disaster, as determined by the Administrator.''. SEC. 15. RELIEF FROM TEST PROGRAM. Section 711(d) of the Small Business Competitive Demonstration Program Act of 1988 (15 U.S.C. 644 note) is amended-- (1) by striking ``The Program'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the Program''; and (2) by adding at the end the following: ``(2) Exception.--The Program shall not apply to any contract related to relief or reconstruction from Hurricane Katrina of 2005 or Hurricane Rita of 2005.''.

Small Business Partners in Reconstruction Act of 2006 - Amends the Small Business Act to define "Guidelines" as the guidelines entitled "Emergency Procurement Flexibilities" for responsive contracting and the use of simplified acquisition procedures, as issued by the Office of Federal Procurement Policy on May 30, 2003. Directs the Administrator for Federal Procurement Policy to: (1) ensure that the Guidelines continue to encourage the federal government to utilize small business procurement flexibilities in times of disaster, contingency, and other emergency; and (2) periodically revise, update, modify, and publish such Guidelines. Provides for or requires: (1) reciprocity with respect to contracting certifications for small businesses owned and controlled by socially and economically disadvantaged individuals; (2) an update of the Federal Procurement Data System with respect to small business participation in Hurricane Katrina or Rita-related contracting; (3) disaster contracting outreach programs for small businesses; (4) small business performance bonding thresholds; (5) small business participation in disaster-related federal contracts and subcontracts and disaster-related multiple-award contracts; and (6) disaster contracting priorities for local small businesses.

A bill to ensure full partnership of small contractors in Federal disaster reconstruction efforts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bank On Our Communities Act of 2009''. SEC. 2. COMMUNITY CREDIT RENEWAL PROGRAM. Section 103 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5213) is amended-- (1) by striking ``In exercising the authorities granted'' and inserting the following: ``(a) In General.--In exercising the authorities granted''; (2) in paragraph (5), by inserting before the semicolon the following: ``, except that the needs of certain small financial institutions may be taken into account, as set forth in paragraph (6), and the viability of certain small financial institutions may be established, as set forth in subsection (b)(3)''; and (3) by adding at the end the following: ``(b) Community Credit Renewal Program.-- ``(1) In general.--There is established within the Treasury the Community Credit Renewal Fund, which shall be used by the Secretary to provide assistance to community banking institutions in an amount not to exceed $15,000,000,000. ``(2) Transfer of funds.--Of amounts made available to carry out this title, the Secretary shall transfer $15,000,000,000 to Community Credit Renewal Fund for purposes of this subsection. ``(3) Determination of viability.--Notwithstanding any other provision of this title, the Secretary shall provide assistance under this subsection to any community banking institution, and a community banking institution may establish its long-term viability for purposes of subsection (a)(4), by demonstrating its receipt of capital from investors other than the Secretary, if-- ``(A) the amount of capital to be received from investors other than the Secretary is equal to or greater than the amount of capital to be received from the Secretary; ``(B) the aggregate amount of capital to be received from the Secretary and from investors other than the Secretary is determined, on the basis of a forward-looking assessment by the institution by its management (in consultation with the appropriate Federal banking agency), to enable the community banking institution to remain well-capitalized (as determined by the appropriate Federal banking agency) even under a reasonably adverse economic scenario during the 2-year period following the date of receipt of such capital, and to increase the outstanding loans of the community banking institution, by December 31, 2010, such that the total amount of commercial and industrial loans is at least 5 percent greater than the smallest amount of such loans held by the community banking institution, as of any quarter-end in calendar year 2009; ``(C) not later than-- ``(i) 20 business days prior to the proposed date of the investment by the Secretary, the community banking institution notifies the Secretary, or the designee selected by the Secretary to receive such notice, of the amount of capital that the community banking institution proposes to solicit from investors other than the Secretary, on the condition that such capital will be matched or supplemented by an investment by the Secretary, and of the amount of capital that the community banking institution proposes be invested by the Secretary; and ``(ii) the close of business on the 5th business day after the date of the receipt of notice under clause (i) (or such longer period as the Secretary may reasonably establish, up to an additional 10 business days), the Secretary does not notify the community banking institution of the refusal of the Secretary to make the matching or supplementary investment and the grounds for such refusal, including the determination of the Secretary, in consultation with the appropriate Federal banking agency, that the aggregate amount of capital to be raised would not be enough to meet the requirements of this subsection, provided, however, that the Secretary may not refuse to make a matching or supplementary investment to an institution solely on the grounds that the institution holds a CAMEL composite rating of 3 under the Uniform Financial Institutions Rating System (or an equivalent rating under a comparable rating system); ``(D) the capital is received from investors other than the Secretary on the same day as the date of receipt of capital from the Secretary, and such date is prior to the earlier of-- ``(i) 9 months after the date of enactment of this subsection; or ``(ii) September 30, 2010; and ``(E) the aggregate amount of funds invested by the Secretary under this subsection does not exceed $15,000,000,000. ``(4) Lending incentives and penalties.-- ``(A) Penalties.-- ``(i) In general.--The interest rate or dividend to be paid on the Federal capital provided under this subsection by a community banking institution shall be increased to a penalty rate established by the Secretary, which shall be not less than 5 percentage points higher than the initial dividend or interest rate set for all community banking institutions assisted under this subsection if, by December 31, 2010, the community banking institution has failed-- ``(I) to increase its total amount of commercial, industrial, and consumer loans by a dollar amount that is equal to the amount of capital received from the Secretary; or ``(II) to increase its total amount of commercial and industrial loans by a dollar amount that is at least 5 percent greater than the smallest amount of such loans held by the community banking institution as of any quarter end of the first three quarters in calendar year 2009. ``(ii) Exemption authority.--The Secretary may provide for exceptions to the provisions of this paragraph in the case of exigent circumstances, as determined by the Secretary. ``(B) Incentives for commercial and industrial loans.--Notwithstanding any other provision of this title-- ``(i) for each dollar that a community banking institution that has received assistance under this subsection does in commercial and industrial loans above the amounts described in subparagraph (A)(i)(II)-- ``(I) the community banking institution may redeem or repurchase one dollar of securities or stock held by the Secretary at a discount level established by the Secretary, except that such level shall be a minimum of 20 percent below par; or ``(II) the Secretary may, by rule, allow for a reduction in the interest or dividend paid on the securities; and ``(ii) if the dollar increase in lending by a community banking institution that has received assistance under this subsection exceeds the total Federal assistance under this subsection, the Secretary may establish rules for additional discounts on redemption of stock or securities held by the Secretary. ``(5) Definitions.--As used in this subsection-- ``(A) the term `community banking institution' means a insured depository institution, or a holding company thereof, having total assets of less than $5,000,000,000; and ``(B) the terms `insured depository institution' and `appropriate Federal banking agency' have the same meanings as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).''.

Bank On Our Communities Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to provide that the needs and viability of insured depository institutions with total assets of less than $5 billion (small financial institutions) may be taken into account by the Secretary of the Treasury when exercising authority under EESA. Establishes within the Treasury the Community Credit Renewal Fund to provide up to $15 billion in assistance to community banking institutions. Prescribes the manner in which a community banking institution may establish its long-term viability by demonstrating receipt of capital from investors other than the Secretary. Subjects a community banking institution to penalties if has failed by December 31, 2010, to: (1) increase its total amount of commercial, industrial, and consumer loans by a dollar amount equal to the amount of capital received from the Secretary; or (2) increase its total amount of commercial and industrial loans by a dollar amount at least 5 % greater than the smallest amount of such loans held by the community banking institution as of any quarter end of the first three quarters in calendar year 2009. Prescribes lending incentives to spur commercial and industrial loans by a community banking institution.

A bill to amend the Emergency Economic Stabilization Act of 2008, with respect to considerations of the Secretary of the Treasury in providing assistance under that Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National September 11 Memorial & Museum Commemorative Medal Act of 2010''. SEC. 2. STRIKING AND DESIGN OF MEDALS. (a) Striking of Medals.--In commemoration of the 10th anniversary of the September 11, 2001, terrorist attacks on the United States and the establishment of the National September 11 Memorial & Museum at the World Trade Center, the Secretary of the Treasury (hereinafter referred to as the ``Secretary'') shall strike and make available for sale not more than 2,000,000 silver medals, each of which shall contain 1 ounce of silver. (b) Design Requirement.-- (1) In general.--The design of the medals struck under this Act shall be emblematic of the courage, sacrifice, and strength of those individuals who perished in the terrorist attacks of September 11, 2001, the bravery of those who risked their lives to save others that day, and the endurance, resilience, and hope of those who survived. (2) Inscriptions.--On each medal struck under this Act, there shall be-- (A) an inscription of the years ``2001-2011''; and (B) an inscription of the words ``Always Remember''. (c) Selection.--The design for the medals struck under this Act shall be-- (1) selected by the Secretary, after consultation with the National September 11 Memorial & Museum at the World Trade Center and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 3. ISSUANCE OF MEDALS. (a) Quality of Medals.--The medals struck under this Act shall be made available for sale in the quality comparable to proof coins. (b) Mint Facility.-- (1) In general.--Only 2 facilities of the United States Mint may be used to strike medals under this Act. (2) Use of the united states mints at west point, new york, and philadelphia, pennsylvania.--It is the sense of Congress that, to the extent possible, approximately one-half of the medals to be struck under this Act should be struck at the United States Mint at West Point, New York, and approximately one-half struck at the United States Mint at Philadelphia, Pennsylvania. (c) Date of Issuance.--The Secretary may make the medals available for sale under this Act beginning on January 1, 2011. (d) Termination of Authority.--No medals shall be struck under this Act after December 31, 2012. SEC. 4. NUMISMATIC ITEMS. For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 5. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 6. SALE OF MEDALS. (a) Sales Price.--The medals made available for sale under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the cost of designing and selling such medals (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping); and (2) the surcharge provided in section 7 with respect to such medals. (b) Bulk Sales.--The Secretary shall make bulk sales of the medals at a reasonable discount. (c) Introductory Orders.-- (1) In general.--The Secretary shall accept introductory orders for medals made available for sale under this Act. (2) Discount.--Sale prices with respect to introductory orders under paragraph (1) shall be made at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of medals made available for sale under this Act shall include a surcharge of $10 per medal. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of medals under this Act shall be paid to the National September 11 Memorial & Museum at the World Trade Center to support the operations and maintenance of the National September 11 Memorial & Museum at the World Trade Center following its completion. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National September 11 Memorial & Museum at the World Trade Center as may be related to the expenditures of amounts paid under subsection (b). SEC. 8. BUDGET COMPLIANCE. 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, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National September 11 Memorial & Museum Commemorative Medal Act of 2010 - Directs the Secretary of the Treasury to strike and make available for sale not more than 2 million silver national medals, containing one ounce of silver each, in commemoration of the 10th anniversary of the September 11, 2001, terrorist attacks on the United States and the establishment of the National September 11 Memorial & Museum at the World Trade Center. Declares that all sales of medals under this Act shall include a surcharge of $10 per medal, which shall be paid to the National September 11 Memorial & Museum at the World Trade Center to support its operations and maintenance. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.

To require the Secretary of the Treasury to strike medals in commemoration of the 10th anniversary of the September 11, 2001, terrorist attacks on the United States and the establishment of the National September 11 Memorial & Museum at the World Trade Center.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preparing Teachers for Digital Age Learners Act of 2008''. SEC. 2. TEACHER PREPARATION. Part B of title II of the Higher Education Act of 1965 (20 U.S.C. 1041 et seq.) is amended to read as follows: ``PART B--PREPARING TEACHERS FOR DIGITAL AGE LEARNERS ``SEC. 221. DEFINITIONS. ``For purposes of this part: ``(1) Arts and sciences.--The term `arts and sciences' means-- ``(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers 1 or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and ``(B) when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit. ``(2) High-need school.--The term `high-need school' means a public elementary school or public secondary school that-- ``(A) is among the highest 25 percent of schools served by the local educational agency that serves the school, in terms of the percentage of students from families with incomes below the poverty line; or ``(B) is designated with a school locale code of Rural: Fringe, Rural: Distant, or Rural: Remote, as determined by the Secretary. ``(3) Poverty line.--The term `poverty line' means the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. ``(4) Professional development.--The term `professional development' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. ``SEC. 222. PROGRAM AUTHORIZED. ``(a) Program Authority.--The Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with, eligible consortia to pay the Federal share of the costs of projects to-- ``(1) graduate teacher candidates who are prepared to use modern information, communication, and learning tools to-- ``(A) improve student learning, assessment, and learning management; and ``(B) help students develop skills to succeed in higher education and enter the workforce; and ``(2) strengthen and develop partnerships among the stakeholders in teacher preparation to transform teacher education and ensure technology rich learning environments throughout a teacher candidate's pre-service education, including clinical experiences. ``(b) Amount and Duration.--A grant, contract, or cooperative agreement under this part-- ``(1) shall be for not more than $2,000,000; ``(2) shall be for a 3-year period; and ``(3) may be renewed for one additional year. ``(c) Non-Federal Share Requirement.--The Federal share of the cost of any project funded under this part shall not exceed 75 percent. The non-Federal share of the cost of such project may be provided in cash or in kind, fairly evaluated, including services. ``(d) Definition of Eligible Consortium.--In this part, the term `eligible consortium' means a consortium of members that includes the following: ``(1) At least one institution of higher education that awards baccalaureate or masters degrees and prepares teachers for initial entry into teaching. ``(2) At least one State educational agency or local educational agency. ``(3) A department, school, or college of education at an institution of higher education. ``(4) A department, school, or college of arts and sciences at an institution of higher education. ``(5) At least one entity with the capacity to contribute to the technology-related reform of teacher preparation programs, which may be a professional association, foundation, museum, library, for-profit business, public or private nonprofit organization, community-based organization, or other entity. ``SEC. 223. USES OF FUNDS. ``(a) In General.--An eligible consortium that receives a grant or enters into a contract or cooperative agreement under this part shall use funds made available under this part to carry out a project that-- ``(1) develops long-term partnerships among members of the consortium that are focused on effective teaching with modern digital tools and content that substantially connect pre- service preparation of teacher candidates with high-needs schools; or ``(2) transforms the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates. ``(b) Uses of Funds for Partnership Grants.--In carrying out a project under subsection (a)(1), an eligible consortium shall-- ``(1) provide teacher candidates, early in their preparation, with field experiences in educational settings with technology; ``(2) build the skills of teacher candidates to support technology-rich instruction, assessment and learning management in content areas, technology literacy, an understanding of the principles of universal design, and the development of other skills for success in higher education and for entering the workforce; ``(3) provide professional development in the use of technology for teachers, administrators, and content specialists who participate in field placement; ``(4) provide professional development of technology pedagogical skills for faculty of departments, schools, and colleges of education and arts and sciences; ``(5) implement strategies for the mentoring of teacher candidates with respect to technology implementation by members of the consortium; ``(6) evaluate teacher candidates during the first years of teaching to fully assess outcomes of the project; ``(7) build collaborative learning communities for technology integration within the consortium to sustain meaningful applications of technology in the classroom during teacher preparation and early career practice; and ``(8) evaluate the effectiveness of the project. ``(c) Uses of Funds for Transformation Grants.--In carrying out a project under subsection (a)(2), an eligible consortium shall-- ``(1) redesign curriculum to require collaboration between the department, school, or college of education faculty and the department, school, or college of arts and sciences faculty who teach content or methods courses for training teacher candidates; ``(2) collaborate between the department, school, or college of education faculty and the department, school, or college of arts and science faculty and academic content specialists at the local educational agency to educate pre- service teachers who can integrate technology and pedagogical skills in content areas; ``(3) collaborate between the department, school, or college of education faculty and the department, school, or college of arts and sciences faculty who teach courses to pre- service teachers to-- ``(A) develop and implement a plan for pre-service teachers and continuing educators that demonstrates effective instructional strategies and application of such strategies in the use of digital tools to transform the teaching and learning process; and ``(B) better reach underrepresented pre-service teacher populations with programs that connect such pre-service teacher populations with applications of technology; ``(4) collaborate among faculty and students to create and disseminate case studies of technology applications in classroom settings with a goal of improving student achievement in high-need schools; ``(5) provide additional technology resources for pre- service teachers to plan and implement technology applications in classroom settings that provide evidence of student learning; and ``(6) bring together expertise from departments, schools, or colleges of education, arts and science faculty, and academic content specialists at the local educational agency to share and disseminate technology applications in the classroom through teacher preparation and into early career practice. ``SEC. 224. APPLICATION REQUIREMENTS. ``To be eligible to receive a grant or enter into a contract or cooperative agreement under this part, an eligible consortium shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include the following: ``(1) A description of the project to be carried out with the grant, including how the project will-- ``(A) develop a long-term partnership focused on effective teaching with modern digital tools and content that substantially connects pre-service preparation of teacher candidates with high-need schools; or ``(B) transform the way departments, schools, and colleges of education teach classroom technology integration, including the principles of universal design, to teacher candidates. ``(2) A demonstration of-- ``(A) the commitment, including the financial commitment, of each of the members of the consortium for the proposed project; and ``(B) the support of the leadership of each organization that is a member of the consortium for the proposed project. ``(3) A description of how each member of the consortium will participate in the project. ``(4) A description of how the State or local educational agency will incorporate the project into the agency's technology plan, if such a plan already exists. ``(5) A description of how the project will be continued after Federal funds are no longer available under this part for the project. ``(6) A description of how the project will incorporate-- ``(A) State teacher technology standards; and ``(B) State student technology standards. ``(7) A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project objectives. ``SEC. 225. EVALUATION. ``Not less than 10 percent of the funds awarded to an eligible consortium to carry out a project under this part shall be used to evaluate the effectiveness of such project. ``SEC. 226. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated $100,000,000 to carry out this part for fiscal year 2009 and such sums as may be necessary for each of the 2 succeeding fiscal years.''.

Preparing Teachers for Digital Age Learners Act of 2008 - Amends the Higher Education Act of 1965 to replace the Preparing Tomorrow's Teachers to Use Technology program of part B of title II with the Preparing Teachers for Digital Age Learners program. Authorizes the Secretary to provide funds, through grants, contracts, or cooperative agreements, to consortia of institutions of higher education, states or local educational agencies, and entities able to assist in the technology-related reform of teacher preparation programs, covering up to three-fourths of the costs of projects to: (1) develop long-term partnerships among consortium members that are focused on effective teaching with modern digital tools and content that connect pre-service teacher preparation with high-need schools; or (2) transform the way departments, schools, and colleges of education teach classroom technology integration to teacher candidates.

To amend the Higher Education Act of 1965 to authorize a program to prepare teachers for digital age learners.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commit to Opioid Medical Prescriber Accountability and Safety for Seniors Act'' or the ``COMPASS Act''. SEC. 2. MEDICARE NOTIFICATIONS TO OUTLIER PRESCRIBERS OF OPIOIDS. Section 1860D-4(c)(4) of the Social Security Act (42 U.S.C. 1395w- 104(c)(4)) is amended by adding at the end the following new paragraph: ``(D) Outlier prescriber notification.-- ``(i) Notification.--Beginning not later than two years after the date of the enactment of this subparagraph, the Secretary shall, in the case of a prescriber identified by the Secretary under clause (ii) to be an outlier prescriber of opioids, provide, subject to clause (iv), an annual notification to such prescriber that such prescriber has been so identified and that includes resources on proper prescribing methods and other information specified in accordance with clause (iii). ``(ii) Identification of outlier prescribers of opioids.-- ``(I) In general.--The Secretary shall, subject to subclause (III), using the valid prescriber National Provider Identifiers included pursuant to subparagraph (A) on claims for covered part D drugs for part D eligible individuals enrolled in prescription drug plans under this part or MA-PD plans under part C and based on the threshold established under subclause (II), conduct an analysis to identify prescribers that are outlier opioid prescribers for a period specified by the Secretary. ``(II) Establishment of threshold.--For purposes of subclause (I) and subject to subclause (III), the Secretary shall, after consultation with stakeholders, establish a threshold, based on prescriber specialty and geographic area, for identifying whether a prescriber in a specialty and geographic area is an outlier prescriber of opioids as compared to other prescribers of opioids within such specialty and area. ``(III) Exclusions.--The Secretary may exclude the following individuals and prescribers from the analysis under this clause: ``(aa) Individuals receiving hospice services. ``(bb) Individuals with a cancer diagnosis. ``(cc) Prescribers who are the subject of an investigation by the Centers for Medicare & Medicaid Services or the Office of Inspector General of the Department of Health and Human Services. ``(iii) Contents of notification.--The Secretary shall, based on input from stakeholders, specify the resources and other information to be included in notifications provided under clause (i). ``(iv) Modifications and expansions.-- ``(I) Frequency.--Beginning 5 years after the date of the enactment of this subparagraph, the Secretary may change the frequency of the notifications described in clause (i) based on stakeholder input. ``(II) Expansion to other prescriptions.--The Secretary may expand notifications under this subparagraph to include identifications and notifications with respect to concurrent prescriptions of covered Part D drugs used in combination with opioids that are considered to have adverse side effects when so used in such combination, as determined by the Secretary. ``(v) Opioids defined.--For purposes of this subparagraph, the term `opioids' has such meaning as specified by the Secretary through program instruction or otherwise.''.

Commit to Opioid Medical Prescriber Accountability and Safety for Seniors Act or the COMPASS Act This bill requires the Centers for Medicare & Medicaid Services (CMS) to identify outlier prescribers of opioids under the Medicare prescription drug benefit and Medicare Advantage prescription drug plans. Specifically, the CMS must: (1) establish an opioid-prescription threshold for determining whether a prescriber is an outlier compared to other prescribers, based on specialty and geographic area; (2) use National Provider Identifiers (unique provider identification numbers currently included on claims for covered drugs) to identify outlier prescribers; and (3) annually notify identified outlier prescribers of their status and provide them with resources on proper prescribing methods. The CMS may also identify and notify outlier prescribers based on co-prescriptions of covered drugs that have adverse effects when used in combination with opioids.

Commit to Opioid Medical Prescriber Accountability and Safety for Seniors Act

SECTION 1. SAFE AND SECURE STORAGE OF EXPLOSIVE MATERIALS BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES. (a) Reports on Locations, Types, and Amounts of Stored Explosive Materials.-- (1) Initial reports.--Within 6 months after the date of the enactment of this Act, each State shall submit to the Attorney General a written report that specifies each location at which any law enforcement agency operating under State law stores or keeps explosive materials that have been shipped or transported in interstate or foreign commerce, and the types and amounts of such materials stored or kept at the location. (2) Subsequent reports.--At such times as the Attorney General shall provide in regulations, each State shall submit to the Attorney General a written report that updates the most recent report submitted by the agency pursuant to this subsection. (b) Regulations Governing Storage of Explosive Materials.--Within 6 months after the date of the enactment of this Act, the Attorney General shall prescribe final regulations governing the storage and keeping by State and local law enforcement agencies of explosive materials that have been shipped or transported in interstate or foreign commerce. The regulations shall set forth the standards of public safety and security against theft which any place at which explosive materials that have been shipped or transported in interstate or foreign commerce are so stored or kept shall meet, and shall, at a minimum, require any such place to be subject to video surveillance or to have in operation an alarm system capable of notifying the agency of unauthorized entry. (c) Inspection Authority.--The Attorney General may enter during business hours any place where a State or local law enforcement agency stores or keeps explosive materials that have been shipped or transported in interstate or foreign commerce, for the purpose of inspecting the explosive materials and determining whether the materials are being stored or kept in compliance with the regulations prescribed under subsection (b). (d) Authority to Impose Penalty for Noncompliance.-- (1) Authority to reduce grants.--If a State or local law enforcement agency fails to comply with this section or any regulation prescribed under this section, the Attorney General may reduce by 10 percent the funds that the agency would otherwise receive, or would otherwise be allocated, under any grant program of the Department of Justice. (2) Reallocation of funds.--Any funds that are not allocated to a State or local law enforcement agency by reason of paragraph (1) shall be reallocated to other State or local law enforcement agencies whose grants are not reduced by reason of paragraph (1). SEC. 2. MATCHING GRANTS. (a) Application.--A State or local law enforcement agency may submit to the Attorney General an application for a grant under this section, which shall contain-- (1) a good faith estimate of the total amount the agency will need to expend to comply with the regulations prescribed under section 1(b); and (2) a certification that the agency has obtained commitments to receive from State or local sources sums totalling not less than \1/2\ of the amount referred to in paragraph (1), and will expend the sums to achieve such compliance. (b) Grant Authority.--The Attorney General may make a grant under this section to an applicant therefor if-- (1) the application contains the information required by subsection (a)(1) of this section; and (2) the applicant has submitted to the Attorney General all reports required from the applicant by or under section 1(a). (c) Amount of Grant.--The amount of the grant to be made to an applicant under this section shall not exceed \1/2\ of the amount set forth in the application pursuant to subsection (a)(1). (d) Use of Grant.--An applicant who receives a grant under this section shall use the grant only to cover the cost of complying with the regulations prescribed under section 1(b). (e) Limitations on Authorization of Appropriations.--For grants under this section, there are authorized to be appropriated to the Attorney General $10,000,000, without fiscal year limitation. SEC. 3. DEFINITIONS. In this Act: (1) Explosive materials.--The term ``explosive materials'' has the meaning given in section 841(c) of title 18, United States Code. (2) Law enforcement agency.--The term ``law enforcement agency'' does not include any component of the National Guard. (3) State.--The term ``State'' includes the District of Columbia.

Requires each State to submit to the Attorney General a written report (and subsequent updates) that specifies each location at which a State law enforcement agency stores explosive materials that have been transported in interstate or foreign commerce and the types and amounts of such materials. Directs the Attorney General to prescribe final regulations governing the storage of such materials by such agencies, including public safety and security standards and requirements for video surveillance or an alarm system. Authorizes the Attorney General to: (1) make matching grants to State and local law enforcement agencies for complying with such regulations; (2) enter any place where such an agency keeps such explosive materials for inspection and compliance determinations; and (3) reduce by ten percent the funds that an agency would otherwise receive under any Department of Justice grant program if the agency fails to comply.

To provide for the safe and secure storage of explosive materials by State and local law enforcement agencies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pain Relief Promotion Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) in the first decade of the new millennium there should be a new emphasis on pain management and palliative care; (2) the use of certain narcotics and other drugs or substances with a potential for abuse is strictly regulated under the Controlled Substances Act; (3) the dispensing and distribution of certain controlled substances by properly registered practitioners for legitimate medical purposes are permitted under the Controlled Substances Act and implementing regulations; (4) the dispensing or distribution of certain controlled substances for the purpose of relieving pain and discomfort even if it increases the risk of death is a legitimate medical purpose and is permissible under the Controlled Substances Act; (5) inadequate treatment of pain, especially for chronic diseases and conditions, irreversible diseases such as cancer, and end-of-life care, is a serious public health problem affecting hundreds of thousands of patients every year; physicians should not hesitate to dispense or distribute controlled substances when medically indicated for these conditions; and (6) for the reasons set forth in section 101 of the Controlled Substances Act (21 U.S.C. 801), the dispensing and distribution of controlled substances for any purpose affect interstate commerce. TITLE I--PROMOTING PAIN MANAGEMENT AND PALLIATIVE CARE SEC. 101. ACTIVITIES OF AGENCY FOR HEALTH CARE RESEARCH AND QUALITY. Part A of title IX of the Public Health Service Act (42 U.S.C. 299 et seq.) is amended by adding at the end the following: ``SEC. 903. PROGRAM FOR PAIN MANAGEMENT AND PALLIATIVE CARE RESEARCH AND QUALITY. ``(a) In General.--Subject to subsections (e) and (f) of section 902, the Director shall carry out a program to accomplish the following: ``(1) Promote and advance scientific understanding of pain management and palliative care. ``(2) Collect and disseminate protocols and evidence-based practices regarding pain management and palliative care, with priority given to pain management for terminally ill patients, and make such information available to public and private health care programs and providers, health professions schools, and hospices, and to the general public. ``(b) Definition.--In this section, the term `pain management and palliative care' means-- ``(1) the active, total care of patients whose disease or medical condition is not responsive to curative treatment or whose prognosis is limited due to progressive, far-advanced disease; and ``(2) the evaluation, diagnosis, treatment, and management of primary and secondary pain, whether acute, chronic, persistent, intractable, or associated with the end of life; the purpose of which is to diagnose and alleviate pain and other distressing signs and symptoms and to enhance the quality of life, not to hasten or postpone death.''. SEC. 102. ACTIVITIES OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) In General.--Part D of title VII of the Public Health Service Act (42 U.S.C. 294 et seq.) is amended-- (1) by redesignating sections 754 through 757 as sections 755 through 758, respectively; and (2) by inserting after section 753 the following: ``SEC. 754. PROGRAM FOR EDUCATION AND TRAINING IN PAIN MANAGEMENT AND PALLIATIVE CARE. ``(a) In General.--The Secretary, in consultation with the Director of the Agency for Healthcare Research and Quality, may award grants, cooperative agreements, and contracts to health professions schools, hospices, and other public and private entities for the development and implementation of programs to provide education and training to health care professionals in pain management and palliative care. ``(b) Priority.--In making awards under subsection (a), the Secretary shall give priority to awards for the implementation of programs under such subsection. ``(c) Certain Topics.--An award may be made under subsection (a) only if the applicant for the award agrees that the program to be carried out with the award will include information and education on-- ``(1) means for diagnosing and alleviating pain and other distressing signs and symptoms of patients, especially terminally ill patients, including the medically appropriate use of controlled substances; ``(2) applicable laws on controlled substances, including laws permitting health care professionals to dispense or administer controlled substances as needed to relieve pain even in cases where such efforts may unintentionally increase the risk of death; and ``(3) recent findings, developments, and improvements in the provision of pain management and palliative care. ``(d) Program Sites.--Education and training under subsection (a) may be provided at or through health professions schools, residency training programs and other graduate programs in the health professions, entities that provide continuing medical education, hospices, and such other programs or sites as the Secretary determines to be appropriate. ``(e) Evaluation of Programs.--The Secretary shall (directly or through grants or contracts) provide for the evaluation of programs implemented under subsection (a) in order to determine the effect of such programs on knowledge and practice regarding pain management and palliative care. ``(f) Peer Review Groups.--In carrying out section 799(f) with respect to this section, the Secretary shall ensure that the membership of each peer review group involved includes individuals with expertise and experience in pain management and palliative care for the population of patients whose needs are to be served by the program. ``(g) Definition.--In this section, the term `pain management and palliative care' means-- ``(1) the active, total care of patients whose disease or medical condition is not responsive to curative treatment or whose prognosis is limited due to progressive, far-advanced disease; and ``(2) the evaluation, diagnosis, treatment, and management of primary and secondary pain, whether acute, chronic, persistent, intractable, or associated with the end of life; the purpose of which is to diagnose and alleviate pain and other distressing signs and symptoms and to enhance the quality of life, not to hasten or postpone death.''. (b) Authorization of Appropriations; Allocation.-- (1) In general.--Section 758 of the Public Health Service Act (as redesignated by subsection (a)(1) of this section) is amended, in subsection (b)(1)(C), by striking ``sections 753, 754, and 755'' and inserting ``sections 753, 754, 755, and 756''. (2) Amount.--With respect to section 758 of the Public Health Service Act (as redesignated by subsection (a)(1) of this section), the dollar amount specified in subsection (b)(1)(C) of such section is deemed to be increased by $5,000,000. SEC. 103. EFFECTIVE DATE. The amendments made by this title shall take effect on the date of enactment of this Act. TITLE II--USE OF CONTROLLED SUBSTANCES CONSISTENT WITH THE CONTROLLED SUBSTANCES ACT SEC. 201. REINFORCING EXISTING STANDARD FOR LEGITIMATE USE OF CONTROLLED SUBSTANCES. (a) In General.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(i)(1) For purposes of this Act and any regulations to implement this Act, alleviating pain or discomfort in the usual course of professional practice is a legitimate medical purpose for the dispensing, distributing, or administering of a controlled substance that is consistent with public health and safety, even if the use of such a substance may increase the risk of death. Nothing in this section authorizes intentionally dispensing, distributing, or administering a controlled substance for the purpose of causing death or assisting another person in causing death. ``(2)(A) Notwithstanding any other provision of this Act, in determining whether a registration is consistent with the public interest under this Act, the Attorney General shall give no force and effect to State law authorizing or permitting assisted suicide or euthanasia. ``(B) Paragraph (2) applies only to conduct occurring after the date of enactment of this subsection. ``(3) Nothing in this subsection shall be construed to alter the roles of the Federal and State governments in regulating the practice of medicine. Regardless of whether the Attorney General determines pursuant to this section that the registration of a practitioner is inconsistent with the public interest, it remains solely within the discretion of State authorities to determine whether action should be taken with respect to the State professional license of the practitioner or State prescribing privileges. ``(4) Nothing in the Pain Relief Promotion Act of 2000 (including the amendments made by such Act) shall be construed-- ``(A) to modify the Federal requirements that a controlled substance be dispensed only for a legitimate medical purpose pursuant to paragraph (1); or ``(B) to provide the Attorney General with the authority to issue national standards for pain management and palliative care clinical practice, research, or quality; except that the Attorney General may take such other actions as may be necessary to enforce this Act.''. (b) Pain Relief.--Section 304(c) of the Controlled Substances Act (21 U.S.C. 824(c)) is amended-- (1) by striking ``(c) Before'' and inserting the following: ``(c) Procedures.-- ``(1) Order to show cause.--Before''; and (2) by adding at the end the following: ``(2) Burden of proof.--At any proceeding under paragraph (1), where the order to show cause is based on the alleged intentions of the applicant or registrant to cause or assist in causing death, and the practitioner claims a defense under paragraph (1) of section 303(i), the Attorney General shall have the burden of proving, by clear and convincing evidence, that the practitioner's intent was to dispense, distribute, or administer a controlled substance for the purpose of causing death or assisting another person in causing death. In meeting such burden, it shall not be sufficient to prove that the applicant or registrant knew that the use of controlled substance may increase the risk of death.''. SEC. 202. EDUCATION AND TRAINING PROGRAMS. Section 502(a) of the Controlled Substances Act (21 U.S.C. 872(a)) is amended-- (1) by striking ``and'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting ``; and''; and (3) by adding at the end the following: ``(7) educational and training programs for Federal, State, and local personnel, incorporating recommendations, subject to the provisions of subsections (e) and (f) of section 902 of the Public Health Service Act, by the Secretary of Health and Human Services, on the means by which investigation and enforcement actions by law enforcement personnel may better accommodate the necessary and legitimate use of controlled substances in pain management and palliative care. Nothing in this subsection shall be construed to alter the roles of the Federal and State governments in regulating the practice of medicine.''. SEC. 203. FUNDING AUTHORITY. Notwithstanding any other provision of law, the operation of the diversion control fee account program of the Drug Enforcement Administration shall be construed to include carrying out section 303(i) of the Controlled Substances Act (21 U.S.C. 823(i)), as added by this Act, and subsections (a)(4) and (c)(2) of section 304 of the Controlled Substances Act (21 U.S.C. 824), as amended by this Act. SEC. 204. EFFECTIVE DATE. The amendments made by this title shall take effect on the date of enactment of this Act.

(Sec. 102) Authorizes the Secretary of Health and Human Services to award grants, cooperative agreements, and contracts for development and implementation of programs to provide education and training to health care professionals in pain management and palliative care. Defines "pain management and palliative care" as certain types of actions, the purpose of which is to diagnose and alleviate pain and other distressing signs and symptoms and to enhance the quality of life, not to hasten or postpone death. Adds the provisions of this paragraph to the list of provisions for which the Secretary is required to make a specified amount available and increases the amount specified. Title II: Use of Controlled Substances Consistent With the Controlled Substances Act - Amends the Controlled Substances Act to declare that, for that Act and any implementing regulations, alleviating pain or discomfort in the usual course of professional practice is a legitimate medical purpose for the dispensing, distributing, or administering of a controlled substance that is consistent with public health and safety, even if it may increase the risk of death. Prohibits the Attorney General, in determining whether a registration (to manufacture, distribute, or dispense controlled substances) is consistent with the public interest, from giving any force and effect to State law authorizing or permitting assisted suicide or euthanasia, notwithstanding any other provision of the Act, and with regard to conduct after enactment of this Act. Gives the Attorney General, in an action to deny, revoke, or suspend a registration based on alleged intentions to cause or assist in causing death, the burden of proving, by clear and convincing evidence, that the intent was to cause death or assist another person in causing death. Declares that the burden is not met by proving that the applicant or registrant knew that the use of the controlled substance may increase the risk of death. (Sec. 202) Authorizes the Attorney General to carry out education and training programs for Federal, State, and local personnel on the means by which investigation and enforcement actions by law enforcement personnel may better accommodate the necessary and legitimate use of controlled substances in pain management and palliative care. (Sec. 203) Requires, notwithstanding any other provision of law, construing the operation of the diversion control fee account program of the Drug Enforcement Administration to include carrying out the provisions of this title (other than section 203).

Pain Relief Promotion Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting American Trade Secrets and Innovation Act of 2012''. SEC. 2. FEDERAL JURISDICTION FOR THEFT OF TRADE SECRETS. (a) In General.--Section 1836 of title 18, United States Code, is amended to read as follows: ``Sec. 1836. Civil proceedings ``(a) Private Civil Actions.-- ``(1) In general.--A person may bring a civil action under this subsection if the person is aggrieved by-- ``(A) a violation of section 1831(a) or 1832(a); or ``(B) a misappropriation of a trade secret that is related to or included in a product that is produced for or placed in interstate or foreign commerce. ``(2) Pleadings.--A complaint filed in a civil action brought under this subsection shall-- ``(A) describe with specificity the reasonable measures taken to protect the secrecy of the alleged trade secrets in dispute; and ``(B) include a sworn representation by the party asserting the claim that the dispute involves either substantial need for nationwide service of process or misappropriation of trade secrets from the United States to another country. ``(3) Civil ex parte seizure order.-- ``(A) In general.--In a civil action brought under this subsection, the court may, upon ex parte application and if the court finds by clear and convincing evidence that issuing the order is necessary to prevent irreparable harm, issue an order providing for-- ``(i) the seizure of any property (including computers) used or intended to be used, in any manner or part, to commit or facilitate the commission of the violation alleged in the civil action; and ``(ii) the preservation of evidence in the civil action. ``(B) Scope of orders.--An order issued under subparagraph (A) shall-- ``(i) authorize the retention of the seized property for a reasonably limited period, not to exceed 72 hours under the initial order, which may be extended by the court after notice to the affected party and an opportunity to be heard; ``(ii) require that any copies of seized property made by the requesting party be made at the expense of the requesting party; ``(iii) require the requesting party to return the seized property to the party from which the property were seized at the end of the period authorized under clause (i), including any extension; and ``(iv) include an appropriate protective order with respect to discovery and use of any property that has been seized, which shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in the seized property is not improperly disclosed or used. ``(C) Seizures.--A party injured by a seizure under an order under this paragraph-- ``(i) may bring a civil action against the applicant for the order; and ``(ii) shall be entitled to recover appropriate relief, including-- ``(I) damages for lost profits, cost of materials, and loss of good will; ``(II) if the seizure was sought in bad faith, punitive damages; and ``(III) unless the court finds extenuating circumstances, to recover a reasonable attorney's fee. ``(4) Remedies.--In a civil action brought under this subsection, a court may-- ``(A) issue-- ``(i) an order for appropriate injunctive relief against any violation described in paragraph (1), including the actual or threatened misappropriation of trade secrets; ``(ii) if determined appropriate by the court, an order requiring affirmative actions to be taken to protect a trade secret; and ``(iii) if the court determines that it would be unreasonable to prohibit use of a trade secret, an order requiring payment of a reasonable royalty for any use of the trade secret; ``(B) award-- ``(i) damages for actual loss caused by the misappropriation of a trade secret; and ``(ii) damages for any unjust enrichment caused by the misappropriation of the trade secret that is not addressed in computing damages for actual loss; ``(C) if the trade secret described in paragraph (1)(B) is willfully or maliciously misappropriated, award exemplary damages in an amount not more than the amount of the damages awarded under subparagraph (B); and ``(D) if a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or opposed in bad faith, or a trade secret is willfully and maliciously misappropriated, award reasonable attorney's fees to the prevailing party. ``(b) Jurisdiction.--The district courts of the United States shall have original jurisdiction of civil actions brought under this section. ``(c) Period of Limitations.--A civil action under this section may not be commenced later than 3 years after the date on which the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For purposes of this subsection, a continuing misappropriation constitutes a single claim of misappropriation.''. (b) Definitions.--Section 1839 of title 18, United States Code, is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(5) the term `misappropriation' means-- ``(A) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or ``(B) disclosure or use of a trade secret of another without express or implied consent by a person who-- ``(i) used improper means to acquire knowledge of the trade secret; ``(ii) at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was-- ``(I) derived from or through a person who had used improper means to acquire the trade secret; ``(II) acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or ``(III) derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy of the trade secret or limit the use of the trade secret; or ``(iii) before a material change of the position of the person, knew or had reason to know that-- ``(I) the trade secret was a trade secret; and ``(II) knowledge of the trade secret had been acquired by accident or mistake; and ``(6) the term `improper means'-- ``(A) includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; and ``(B) does not include reverse engineering or independent derivation.''. (c) Technical and Conforming Amendment.--The table of sections for chapter 90 of title 18, United States Code, is amended by striking the item relating to section 1836 and inserting the following: ``1836. Civil proceedings.''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to modify the rule of construction under section 1838 of title 18, United States Code, or to preempt any other provision of law.

Protecting American Trade Secrets and Innovation Act of 2012 - Amends the federal criminal code to authorize a person who is aggrieved by an act of economic espionage, theft of a trade secret, or misappropriation of a trade secret that is related to or included in a product that is produced for or placed in interstate or foreign commerce to bring a civil action under this Act (current law authorizes the Attorney General to bring a civil action to obtain injunctive relief against any violation of provisions regarding the protection of trade secrets). Requires a complaint filed in such an action to: (1) describe with specificity the reasonable measures taken to protect the secrecy of the alleged trade secrets in dispute, and (2) include a sworn representation by the party asserting the claim that the dispute involves either substantial need for nationwide service of process or misappropriation of trade secrets from the United States to another country. Authorizes the court, in a civil action, upon ex parte application and if the court finds by clear and convincing evidence that issuing the order is necessary to prevent irreparable harm, to issue an order providing for: (1) the seizure of any property (including computers) used or intended to be used to commit or facilitate the commission of the alleged violation, and (2) the preservation of evidence. Sets forth provisions regarding the scope of such an order, rights of a party injured by a seizure under such an order, and remedies with respect to civil actions brought under this Act. Establishes a three-year limitations period, beginning when the misappropriation is discovered or should have been discovered.

A bill to modify chapter 90 of title 18, United States Code, to provide Federal jurisdiction for theft of trade secrets.

SECTION 1. SHORT TITLE. This Act may be cited as the ``STEM Support for Teachers in Education and Mentoring (STEM) Act'' or the ``STEM\2\ Act''. SEC. 2. STEM EDUCATION PLANNING AND TRAINING. (a) In General.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended by adding at the end the following: ``PART E--STEM EDUCATION PLANNING AND TRAINING ``SEC. 2501. DEFINITIONS. ``In this part: ``(1) Indian tribe; tribal organization.--The terms `Indian tribe' and `tribal organization' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act. ``(2) STEM.--The term `STEM' means science, technology, engineering, and mathematics. ``SEC. 2502. PLANNING GRANTS. ``(a) Purpose.--The purpose of this section is to address the lack of coordination among STEM education efforts in the States. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, nonprofit organization, or institution of higher education that identifies a coalition of related entities to participate in the grant application process under this section and subsequent STEM network activities funded with a grant awarded under this section. ``(c) Grants Authorized.-- ``(1) In general.--From amounts made available to carry out this section, the Secretary shall carry out a program of awarding, on a competitive basis, planning grants to eligible entities to enable the eligible entities to-- ``(A) develop effective State or tribal STEM networks for communication and collaboration that include school teachers, institutions of higher education, nonprofit organizations, businesses, Federal, State, and local governments, and any other relevant entities; and ``(B) through such State STEM networks, identify future STEM skills needed for STEM and non-STEM occupations. ``(2) Proportionality.--In awarding grants under this section, the Secretary shall, to the extent practicable, ensure a distribution of grant funds focused on high-need and high- poverty eligible entities. ``(d) Application.--An eligible entity desiring 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. ``(e) Reports.-- ``(1) Reports to the secretary.--An eligible entity receiving a grant under this section shall submit to the Secretary an annual report describing the progress made on the grant. ``(2) Reports to congress.--Not later than 3 years after the date of enactment of the STEM Support for Teachers in Education and Mentoring (STEM) Act, and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. ``SEC. 2503. TRAINING PROGRAM GRANTS. ``(a) Purpose.--The purpose of this section is to strengthen the capacity of preservice and existing teachers, elementary schools, middle schools, and secondary schools to use proven methods, including inquiry or project-based learning, to inspire and prepare students for STEM careers and build STEM literacy. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, local educational agency, institution of higher education, or nonprofit organization. ``(c) Grants Authorized.-- ``(1) In general.--From amounts made available to carry out this section, the Secretary shall carry out a program of awarding grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, carry out, and evaluate training programs for STEM education-- ``(A) in elementary schools, middle schools, and secondary schools for existing teachers; and ``(B) in postsecondary schools for preservice teachers. ``(2) Proportionality.--In awarding grants under this section, the Secretary shall, to the extent practicable, ensure an equitable distribution-- ``(A) between eligible entities serving urban areas and eligible entities serving rural areas; and ``(B) of grant funds focused on high-need and high- poverty eligible entities. ``(d) Application.--An eligible entity desiring 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. Such application shall include-- ``(1) a description of how the eligible entity will monitor and evaluate the effectiveness of the training program, including how the eligible entity plans to measure the impact of the training on-- ``(A) teachers who attended the training after the teachers return to the classroom; or ``(B) preservice teachers; and ``(2) any other information the Secretary determines appropriate. ``(e) Use of Funds.--An eligible entity receiving a grant under this section shall use grant funds to carry out a training program, using best practice models (including inquiry and project-based models) and through summer institutes or other professional development enrichment programs, that provides professional development regarding STEM education to existing and preservice STEM teachers (including STEM teachers who are master teachers or have otherwise demonstrated mastery of STEM teaching) and administrators who are employed as teachers and administrators, respectively, as of the time of the program. ``(f) Reports.-- ``(1) Reports to the secretary.--An eligible entity receiving a grant under this section shall submit to the Secretary an annual report that describes the progress made on the grant and includes the results from the evaluation described in the application under subsection (d). ``(2) Reports to congress.--Not later than 3 years after the date of enactment of this part, and every 3 years thereafter, the Secretary shall submit a report to Congress regarding the program supported under this section. ``SEC. 2504. ACADEMIC STANDARDS GRANTS. ``(a) Purpose.--The purpose of this section is to strengthen the capacity of States to implement new mathematics and science academic standards. ``(b) Definition of Eligible Entity.--In this section, the term `eligible entity' means a State, Indian tribe, tribal organization, local educational agency, public charter school, institution of higher education, or nonprofit organization. ``(c) Grants Authorized.-- ``(1) In general.--From amounts made available to carry out this section, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to support curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards. ``(2) Proportionality.--In awarding grants under this section, the Secretary shall, to the extent practicable, ensure a distribution of grant funds focused on high-need and high- poverty eligible entities. ``(d) Application.--An eligible entity desiring 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. Such application shall include-- ``(1) a description of how the eligible entity will monitor and evaluate the effectiveness of curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards; and ``(2) any other information the Secretary determines appropriate. ``(e) Use of Funds.--An eligible entity receiving a grant under this section shall use grant funds to carry out curriculum development, assessments, or related activities that would enable States to adopt new mathematics and science academic standards and provide professional development regarding STEM education standards and national tests for administrators who are employed as teachers and administrators, respectively, as of the time of the program. ``(f) Reports to the Secretary.--An eligible entity receiving a grant under this section shall submit to the Secretary an annual report that describes the progress made on the grant and includes the results from the evaluation described in the application under subsection (d). ``SEC. 2505. NATIONAL PANEL. ``(a) In General.--The Secretary shall establish a national panel to review, evaluate, and identify-- ``(1) rigorous kindergarten through grade 12 STEM curricula models, including computer or web-based simulation education programs, kinesthetic learning, and inquiry- or project-based learning techniques; and ``(2) best practices with respect to STEM curricula. ``(b) Members.--The Secretary shall determine the membership of the national panel described in subsection (a), which shall be comprised of individuals who have the wisdom and experience to identify and recommend the most effective STEM curricula models, such as-- ``(1) representatives of technology industries and business; ``(2) teachers and school administrators; ``(3) representatives of nonprofit organizations and community organizations; ``(4) faculty members of institutions of higher education; ``(5) research specialists and curricula specialists; ``(6) at least 1 rural education expert; ``(7) at least 1 high school or college student to provide a youth perspective; and ``(8) other individuals, as determined appropriate by the Secretary. ``(c) Reports.--The panel shall prepare reports and recommendations regarding the panel's findings as requested by the Secretary. ``SEC. 2506. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2014 and each of the 5 succeeding fiscal years.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2441 the following: ``Part E--STEM Education Planning and Training ``Sec. 2501. Definitions. ``Sec. 2502. Planning grants. ``Sec. 2503. Training program grants. ``Sec. 2504. Academic standards grants. ``Sec. 2505. National panel. ``Sec. 2506. Authorization of appropriations.''.

STEM Support for Teachers in Education and Mentoring (STEM) Act or the STEM 2 Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive planning grants to states, Indian tribes or tribal organizations, nonprofit organizations, or institutions of higher education (IHEs) to develop effective state or tribal science, technology, engineering, and mathematics (STEM) networks that coordinate STEM education efforts by: (1) facilitating communication and collaboration among public and private STEM stakeholders, and (2) identifying STEM occupational skills needed in the future. Directs the Secretary to award competitive grants to states, Indian tribes or tribal organizations, local educational agencies (LEAs), IHEs, or nonprofit organizations to develop, implement, and evaluate STEM education training programs for teachers and administrators in elementary, middle, and secondary schools and for preservice teachers in postsecondary schools. Requires the Secretary to award competitive grants to states, Indian tribes or tribal organizations, LEAs, public charter schools, IHEs, or nonprofit organizations to support curriculum development, assessments, or related activities that enable states to adopt new mathematics and science academic standards. Requires the Secretary to establish a national panel to identify and recommend the most effective STEM curricula models for kindergarten through grade 12.

STEM 2 Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Student Athletes from Concussions Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) Involvement in sports can have tremendous benefits for the physical, social, emotional, and cognitive development of students. (2) All students have the right to know the risks of concussions because concussions, though a mild traumatic brain injury, present such a significant risk to not only the physical well-being of a developing student, but also the academic performance of the student. (3) Mild traumatic brain injuries, including concussions, represent 80 to 90 percent of all traumatic brain injuries. (4) Children and adolescents are more vulnerable to brain injury than adults because their brains are still developing. (5) Surveys suggest that the prevalence of sport-related concussions is much higher than reported and the occurrence of concussions is higher at the high school level than at the collegiate level. According to recent research, 400,000 students sustained a concussion while participating in five different sports in a high school athletics program during the 2005-2008 school years. Few statistics are available for the 41 million children participating in non-scholastic youth sports, but schools report that concussions are occurring on the playground and during physical education classes. (6) A recent study estimated that more than 40 percent of high school athletes return to participate in school athletics before they have fully recovered from concussions, which increases the susceptibility of the student athlete to greater injury or death. (7) The failure to recognize brain injuries and the mismanagement of such injuries increases the vulnerability of a student athlete to successive injury, cumulative negative health consequences, or chronic impairment. (8) Timely recognition and response to concussions aids recovery and helps prevent successive injury, chronic impairment, or death. Only 42 percent of schools have access to an athletic trainer and only 53 percent of schools meet the nurse-to-student ratio recommended by the Federal Government. (9) Concussion treatment and management is sporadic in schools and often neglects the athlete's role as a student. (10) Medical care from hospitalization and emergency room visits due to a concussion is costly, and treatment is often arbitrary. (11) Students should gradually return to physical activity and academic activities only as the symptoms of a concussion permit because research suggests that overexertion from physical activity and academic activities exacerbates symptoms and protracts recovery time for student athletes. (12) Instituting best practices offers a reasonable means for protecting student athletes from the risks and consequences of concussions. SEC. 3. MINIMUM STATE REQUIREMENTS. Beginning with fiscal year 2013, in order to be eligible to receive funds for such year or a subsequent fiscal year under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) each State educational agency shall issue regulations establishing the following minimum requirements: (1) Local educational agency concussion safety and management plan.--Each local educational agency in the State, in consultation with members of the community in which such agency is located, shall develop and implement a standard plan for concussion safety and management that includes-- (A) the education of students, parents, and school personnel about concussions, such as-- (i) the training and certification of school personnel, including coaches, athletic trainers, and school nurses, on concussion safety and management; and (ii) using and maintaining standardized release forms, treatment plans, observation, monitoring and reporting forms, recordkeeping forms, and post-injury fact sheets; (B) supports for students recovering from a concussion, such as-- (i) guiding such student in resuming participation in athletic activity and academic activities with the help of a multi- disciplinary team, which may include-- (I) a health care professional, the parents of such student, a school nurse, or other relevant school personnel; and (II) an individual who is assigned by a public school to oversee and manage the recovery of such student; (ii) providing appropriate academic accommodations; and (iii) referring students whose symptoms of concussion reemerge or persist upon the reintroduction of cognitive and physical demands for evaluation of the eligibility of such students for services under the Individual with Disabilities Education Act (20 U.S.C. 1400 et seq.) and the Rehabilitation Act of 1973 (29 U.S.C. 701 note et seq.); and (C) best practices designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, such as-- (i) disseminating information on concussion management safety and management to the public; and (ii) applying uniform standards for concussion safety and management to all students enrolled in public schools. (2) Posting of information on concussions.--Each public elementary school and each secondary school shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that-- (A) is based on peer-reviewed scientific evidence (such as information made available by the Centers for Disease Control and Prevention); (B) shall include-- (i) the risks posed by sustaining a concussion; (ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and (iii) the signs and symptoms of a concussion; and (C) may include-- (i) the definition of a concussion; (ii) the means available to the student to reduce the incidence or recurrence of a concussion; and (iii) the effects of a concussion on academic learning and performance. (3) Response to concussion.--If any school personnel, including coaches and athletic trainers, of a public school suspects that a student has sustained a concussion during a school-sponsored athletic activity-- (A) the student shall be-- (i) immediately removed from participation in such activity; and (ii) prohibited from returning to participate in school-sponsored athletic activities-- (I) on the day such student sustained a concussion; and (II) until such student submits a written release from a health care professional stating that the student is capable of resuming participation in school-sponsored athletic activities; and (B) such personnel shall report to the parent or guardian of such student-- (i) the date, time, and extent of the injury suffered by such student; and (ii) any actions taken to treat such student. (4) Return to athletics and academics.--Before a student who has sustained a concussion in a school-sponsored athletic activity resumes participation in school-sponsored athletic activities or academic activities, the school shall receive a written release from a health care professional, that-- (A) states that the student is capable of resuming participation in such activities; and (B) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that-- (i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and (ii) reintroduces cognitive and physical demands on such student on a progressive basis only as such increases in exertion do not cause the reemergence or worsening of symptoms of a concussion. SEC. 4. REPORT TO SECRETARY OF EDUCATION. Not later than 6 months after promulgating regulations pursuant to section 3 in order to be eligible to receive funds under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), each State educational agency shall submit to the Secretary of Education a report that contains-- (1) a description of the State regulations promulgated pursuant to section 3; and (2) an assurance that the State has implemented such regulations. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to alter or supersede State law with respect to education standards or procedures or civil liability. SEC. 6. DEFINITIONS. In this Act: (1) Concussion.--The term ``concussion'' means a type of traumatic brain injury that-- (A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; (B) disrupts normal brain functioning and alters the mental state of the individual, causing the individual to experience-- (i) any period of observed or self-reported -- (I) transient confusion, disorientation, or impaired consciousness; (II) dysfunction of memory around the time of injury; and (III) loss of consciousness lasting less than 30 minutes; (ii) any one of four types of symptoms of a headache, including-- (I) physical symptoms, such as headache, fatigue, or dizziness; (II) cognitive symptoms, such as memory disturbance or slowed thinking; (III) emotional symptoms, such as irritability or sadness; and (IV) difficulty sleeping; and (C) can occur-- (i) with or without the loss of consciousness; and (ii) during participation in any organized sport or recreational activity. (2) Health care professional.--The term ``health care professional'' means a physician, nurse, certified athletic trainer, physical therapist, neuropsychologist or other qualified individual who-- (A) is a registered, licensed, certified, or otherwise statutorily recognized by the State to provide medical treatment; (B) is experienced in the diagnosis and management of traumatic brain injury among a pediatric population; and (C) may be a volunteer. (3) Local educational agency; state educational agency.-- The terms ``local educational agency'' and ``State educational agency'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) School personnel.--The term ``school personnel'' has the meaning given such term in section 4151 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7161). (5) School-sponsored athletic activity.--The term ``school- sponsored athletic activity'' means-- (A) any physical education class or program of a school; (B) any athletic activity authorized during the school day on school grounds that is not an instructional activity; and (C) any extra curricular sports team, club, or league organized by a school on or off school grounds.

Protecting Student Athletes from Concussions Act of 2010 - Requires each state educational agency, in order to be eligible to receive funds under the Elementary and Secondary Education Act of 1965 in FY2013 or subsequent fiscal years, to issue regulations establishing the following minimum requirements for the prevention and treatment of concussions. Requires each local educational agency in the state to develop and implement a standard plan for concussion safety and management that includes: (1) the education of students, parents, and school personnel about concussions; (2) supports for students recovering from a concussion; and (3) best practices designed to ensure the uniformity of safety standards, treatment, and management. Requires each public elementary and secondary school to post on school grounds and make publicly available on the school website information on concussions, including information on risks, responses, symptoms, and effects. Requires public school personnel who suspect that a student has sustained a concussion during a school-sponsored activity to: (1) remove the student from the activity and prohibit such student from participating in school athletic activities until the student submits a written release from a health care professional; and (2) report to the student's parent or guardian regarding such injury and the treatment provided. Prohibits a student who has sustained a concussion in a school-sponsored athletic activity from resuming participation in school-sponsored athletic or academic activities until the school receives a written release from a health care professional that: (1) states that the student is capable of resuming participation; and (2) may require the student to follow a plan designed to aid such individual in recovering and resuming participation in a manner that is coordinated with periods of cognitive and physical rest, and that reintroduces cognitive and physical demands on a progressive basis, based on the student's symptoms.

To promote minimum State requirements for the prevention and treatment of concussions caused by participation in school sports, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Education Achieves Care and Healthy Outcomes for Users' Treatment Act of 2018'' or the ``REACH OUT Act of 2018''. SEC. 2. GRANTS TO PROVIDE TECHNICAL ASSISTANCE TO OUTLIER PRESCRIBERS OF OPIOIDS. (a) Grants Authorized.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall, through the Centers for Medicare & Medicaid Services, award grants, contracts, or cooperative agreements to eligible entities for the purposes described in subsection (b). (b) Use of Funds.--Grants, contracts, and cooperative agreements awarded under subsection (a) shall be used to support eligible entities through technical assistance-- (1) to educate and provide outreach to outlier prescribers of opioids about best practices for prescribing opioids; (2) to educate and provide outreach to outlier prescribers of opioids about non-opioid pain management therapies; and (3) to reduce the amount of opioid prescriptions prescribed by outlier prescribers of opioids. (c) Application.--Each eligible entity seeking to receive a grant, contract, or cooperative agreement under subsection (a) shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require. (d) Geographic Distribution.--In awarding grants, contracts, and cooperative agreements under this section, the Secretary shall prioritize establishing technical assistance resources in each State. (e) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) an organization-- (i) that has demonstrated experience providing technical assistance to health care professionals on a State or regional basis; and (ii) that has at least-- (I) one individual who is a representative of consumers on its governing body; and (II) one individual who is a representative of health care providers on its governing body; or (B) an entity that is a quality improvement entity with a contract under part B of title XI of the Social Security Act (42 U.S.C. 1320c et seq.). (2) Outlier prescriber of opioids.--The term ``outlier prescriber of opioids'' means a prescriber, identified by the Secretary of Health and Human Services (through use of prescriber information provided by prescriber National Provider Identifiers included pursuant to section 1860D-4(c)(4)(A) of the Social Security Act (42 U.S.C. 1395w-104(c)(4)(A)) on claims for covered part D drugs for part D eligible individuals enrolled in prescription drug plans under part D of title XVIII of such Act (42 U.S.C. 1395w-101 et seq.) and MA-PD plans under part C of such title (42 U.S.C. 1395w-21 et seq.)) as prescribing, as compared to other prescribers in the specialty of the prescriber and geographic area, amounts of opioids in excess of a threshold (and other criteria) specified by the Secretary, after consultation with stakeholders. (3) Prescribers.--The term ``prescriber'' means any health care professional, including a nurse practitioner or physician assistant, who is licensed to prescribe opioids by the State or territory in which such professional practices. (f) Funding.--For purposes of implementing this section, $75 million shall be available from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t), to remain available until expended. SEC. 3. PROMOTING VALUE IN MEDICAID MANAGED CARE. Section 1903(m) of the Social Security Act (42 U.S.C. 1396b(m)) is amended by adding at the end the following new paragraph: ``(7)(A) With respect to expenditures described in subparagraph (B) that are incurred by a State for any fiscal year after fiscal year 2025 (and before fiscal year 2029), in determining the pro rata share to which the United States is equitably entitled under subsection (d)(3), the Secretary shall substitute the Federal medical assistance percentage that applies for such fiscal year to the State under section 1905(b) (without regard to any adjustments to such percentage applicable under such section or any other provision of law) for the percentage that applies to such expenditures under section 1905(y). ``(B) Expenditures described in this subparagraph, with respect to a fiscal year to which subparagraph (A) applies, are expenditures incurred by a State for payment for medical assistance provided to individuals described in subclause (VIII) of section 1902(a)(10)(A)(i) by a managed care entity, or other specified entity (as defined in subparagraph (D)(iii)), that are treated as remittances because the State-- ``(i) has satisfied the requirement of section 438.8 of title 42, Code of Federal Regulations (or any successor regulation), by electing-- ``(I) in the case of a State described in subparagraph (C), to apply a minimum medical loss ratio (as defined in subparagraph (D)(ii)) that is at least 85 percent but not greater than the minimum medical loss ratio (as so defined) that such State applied as of May 31, 2018; or ``(II) in the case of a State not described in subparagraph (C), to apply a minimum medical loss ratio that is equal to 85 percent; and ``(ii) recovered all or a portion of the expenditures as a result of the entity's failure to meet such ratio. ``(C) For purposes of subparagraph (B), a State described in this subparagraph is a State that as of May 31, 2018, applied a minimum medical loss ratio (as calculated under subsection (d) of section 438.8 of title 42, Code of Federal Regulations (as in effect on June 1, 2018)) for payment for services provided by entities described in such subparagraph under the State plan under this title (or a waiver of the plan) that is equal to or greater than 85 percent. ``(D) For purposes of this paragraph: ``(i) The term `managed care entity' means a medicaid managed care organization described in section 1932(a)(1)(B)(i). ``(ii) The term `minimum medical loss ratio' means, with respect to a State, a minimum medical loss ratio (as calculated under subsection (d) of section 438.8 of title 42, Code of Federal Regulations (as in effect on June 1, 2018)) for payment for services provided by entities described in subparagraph (B) under the State plan under this title (or a waiver of the plan). ``(iii) The term `other specified entity' means-- ``(I) a prepaid inpatient health plan, as defined in section 438.2 of title 42, Code of Federal Regulations (or any successor regulation); and ``(II) a prepaid ambulatory health plan, as defined in such section (or any successor regulation).''. Passed the House of Representatives June 19, 2018. Attest: KAREN L. HAAS, Clerk.

Responsible Education Achieves Care and Healthy Outcomes for Users’ Treatment Act of 2018 or the REACH OUT Act of 2018 (Sec. 2) This bill requires the Centers for Medicare & Medicaid Services to award grants, contracts, or cooperative agreements to qualifying organizations in order to support efforts to curb outlier prescribers of opioids under the Medicare prescription drug benefit and Medicare Advantage prescription drug plans. (Sec. 3) Additionally, the bill temporarily eliminates the enhanced federal matching rate for Medicaid expenditures regarding specified medical services provided by certain managed care organizations.

Responsible Education Achieves Care and Healthy Outcomes for Users’ Treatment Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Violence Victims Housing Act''. SEC. 2. DEFINITIONS. In this Act: (1) Abuse.--The term ``abuse'' includes any act that constitutes or causes, any attempt to commit, or any threat to commit-- (A) any bodily injury or physical illness, including placing, by physical menace, another in fear of imminent serious bodily injury; (B) any rape, sexual assault, or involuntary sexual activity, or any sexual activity with a dependent child; (C) the infliction of false imprisonment or other nonconsensual restraints on liberty of movement; (D) deprivation of medical care, housing, food, or other necessities of life; or (E) mental or psychological abuse, including repeated or severe humiliation, intimidation, criticism, acts designed to induce terror, or verbal abuse. (2) Domestic violence.--The term ``domestic violence'' means abuse that is committed against an individual by-- (A) a spouse or former spouse of the individual; (B) an individual who is the biological parent or stepparent of a child of the individual subject to the abuse, who adopted such child, or who is a legal guardian to such a child; (C) an individual with whom the individual subject to the abuse is or was cohabiting; (D) a current or former romantic, intimate, or sexual partner of the individual; or (E) an individual from whom the individual subject to the abuse would be eligible for protection under the domestic violence, protection order, or family laws of the applicable jurisdiction. (3) Family victimized by domestic violence.-- (A) In general.--The term ``family victimized by domestic violence'' means a family or household that includes an individual who has been determined under subparagraph (B) to have been subject to domestic violence, but does not include any individual described in paragraph (3) who committed the domestic violence. The term includes any such family or household in which only a minor or minors are the individual or individuals who was or were subject to domestic violence only if such family or household also includes a parent, stepparent, legal guardian, or other responsible caretaker for the child. (B) Determination that family or individual was subject to domestic violence.--For purposes of subparagraph (A), a determination under this subparagraph is a determination that domestic violence has been committed, which is made by any agency or official of a State or unit of general local government (including a public housing agency) based upon-- (i) information provided by any medical, legal, counseling, or other clinic, shelter, or other program or entity licensed, recognized, or authorized by the State or unit of general local government to provide services to victims of domestic violence; (ii) information provided by any agency of the State or unit of general local government that provides or administers the provision of social, legal, or health services; (iii) information provided by any clergy; (iv) information provided by any hospital, clinic, medical facility, or doctor licensed or authorized by the State or unit of general local government to provide medical services; (v) a petition or complaint filed in a court or law or documents or records of action of any court or law enforcement agency, including any record of any protection order, injunction, or temporary or final order issued by civil or criminal courts or any police report; or (vi) any other reliable evidence that domestic violence has occurred. (4) Public housing agency.--The term ``public housing agency'' has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (5) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (6) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (7) Unit of general local government.--The term ``unit of general local government'' has the meaning given the term in section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)). SEC. 3. AUTHORIZATION OF APPROPRIATIONS. The budget authority under section 5(c) of the United States Housing Act of 1937 for assistance under subsections (b) and (o) of section 8 of such Act is authorized to be increased by-- (1) $50,000,000 on or after October 1, 1997; and (2) such sums as may be necessary on or after October 1, 1998. SEC. 4. USE OF AMOUNTS FOR HOUSING ASSISTANCE FOR VICTIMS OF DOMESTIC VIOLENCE. (a) In General.--Amounts available pursuant to section 3 shall be made available by the Secretary of Housing and Urban Development only to public housing agencies only for use in providing tenant-based rental assistance on behalf of families victimized by domestic violence who have left or who are leaving a residence as a result of the domestic violence. (b) Determination.--For purposes of subsection (a), a family victimized by domestic violence shall be considered to have left or to be leaving a residence as a result of domestic violence, if the public housing agency providing rental assistance under this Act determines that the member of the family who was subject to the domestic violence reasonably believes that relocation from such residence will assist in avoiding future domestic violence against such member or another member of the family. (c) Allocation.--Amounts made available pursuant to section 3 shall be allocated by the Secretary to one or more public housing agencies that submit applications to the Secretary that, in the determination of the Secretary, best demonstrate-- (1) a need for such assistance; and (2) the ability to use that assistance in accordance with this Act.

Domestic Violence Victims Housing Act - Increases specified authorizations of appropriations under the United States Housing Act of 1937 to provide rental relocation assistance to victims of domestic violence.

Domestic Violence Victims Housing Act

SECTION 1. FINDINGS. Congress finds that the conveyance of the Properties described in section 4(b) to the Lessees of those Properties for fair market value would have the beneficial results of-- (1) reducing Pick-Sloan project debt for the Canyon Ferry Unit; (2) providing a permanent source of funding for projects that develop and maintain public recreation, and that conserve and enhance fish and wildlife opportunities in the State of Montana; (3) eliminating Federal payments in lieu of taxes and associated management expenditures in connection with the Government's ownership of the Properties while increasing local tax revenues from the new owners; and (4) eliminating expensive and contentious disputes between the Secretary and leaseholders while ensuring that the Federal Government receives full and fair value for the acquisition of the Properties. SEC. 2. PURPOSE. The purpose of this Act is to establish terms and conditions under which the Secretary of the Interior shall, for fair market value, convey certain Properties around Canyon Ferry Reservoir, Montana, to the Lessees of those Properties. SEC. 3. DEFINITIONS. In this Act: (1) CFRA.--The term ``CFRA'' means the Canyon Ferry Recreation Association, Incorporated, a Montana corporation. (2) Lessee.--The term ``Lessee'' means the leaseholder of 1 of the Properties described in section 4(b) on the date of enactment of this Act and the leaseholder's heirs, executors, and assigns of their leasehold interest. (3) Property.--The term ``Property'' means any 1 of the cabin sites described in section 4(b). (4) Properties.--The term ``Properties'' means all 265 of the cabin sites (and related parcels) described in section 4(b). (5) Purchaser.--The term ``Purchaser'' means a person or entity, excluding CFRA, that purchases the 265 Properties under section 4. (6) Reservoir.--The term ``Reservoir'' means the Canyon Ferry Reservoir in the State of Montana. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Trust.--The term ``Trust'' means the Canyon Ferry Lake Trust described in section 6. SEC. 4. SALE OF PROPERTIES. (a) In General.--Subject to subsection (c) and notwithstanding any other provision of law, the Secretary shall sell at fair market value-- (1) all right, title, and interest of the United States in and to all (but not fewer than all) of the Properties described in subsection (b), subject to valid existing rights; and (2) easements for-- (A) vehicular access to each Property; (B) access to and the use of 1 dock per Property; and (C) access to and the use of all boathouses, ramps, retaining walls, and other improvements for which access is provided in the leases as of the date of this Act. (b) Description of Properties.-- (1) In general.--The Properties to be conveyed are-- (A) the 265 cabin sites of the Bureau of Reclamation located along the northern portion of the Reservoir in portions of sections 2, 11, 12, 13, 15, 22, 23, and 26, Township 10 North, Range 1 West; plus (B) any small parcels contiguous to the Properties (not including shoreline land needed to provide public access to the shoreline of the Reservoir) that the Secretary determines should be conveyed in order to eliminate inholdings and facilitate administration of surrounding land remaining in Federal ownership. (2) Acreage; legal description.--The acreage and legal description, including any related parcels determined by the Secretary under (b)(1)(B) of this section, of each Property shall be agreed on by the Secretary and CFRA. (c) Purchase Process.-- (1) In general.--The Secretary shall-- (A) solicit sealed bids for the Properties; (B) subject to paragraph (2), sell the Properties to the bidder that submits the highest bid above the minimum bid determined under paragraph (2); and (C) no bid shall be accepted for less than all of the Properties in one bundle. (2) Minimum bid.--Before accepting bids, the Secretary, in consultation with CFRA, shall establish a minimum bid based on an appraisal of the fair market value of the Properties, exclusive of the value of private improvements made by the leaseholders before the date of the conveyance by means of an appraisal conducted in conformance with the Uniform Standards of Professional Appraisal Practice. (3) Right of first refusal.--If the highest bidder is other than CFRA, CFRA shall have the right to match the highest bid and purchase the Properties at a price equal to the amount of that bid. (d) Terms of Conveyance.-- (1) Purchaser to extend option to purchase or to continue leasing. (A) In general.--The Purchaser shall give each leaseholder of record of a Property conveyed under this section an option to purchase the Property at fair market value as determined in subsection (c)(2). (B) Nonpurchasing lessees.-- (i) Right to continue lease.--A Lessee that is unable or unwilling to purchase a Property shall be permitted to continue to lease the Property for fair market value rent under the same terms and conditions as the existing leases, including the right to renew the term of the existing lease for 2 consecutive 5-year terms. (ii) Compensation for improvements.--If a Lessee declines to purchase a Property, the Purchaser shall compensate the Lessee for the fair market value, as determined pursuant to customary appraisal procedures, of all improvements made to the Property. The Lessee may sell the improvements to Purchaser at any time, but the sale shall be completed by the final termination of the lease, after all renewals as provided in clause (i). (2) Historical use.--The Purchaser shall honor the existing Property descriptions and historical use restrictions for the leaseholds. (3) CFRA purchases.--If CFRA should be the highest bidder, or match the highest bid, it may convey to the Trust in lieu of money, the title to any Property where the Lessee is unable or unwilling to purchase their Property. (A) Continuation of leases.-- (i) In general.--A Lessee that is unable or unwilling to purchase a leasehold shall be permitted to continue to lease the Property pursuant to the terms and conditions of the lease, existing on the date of enactment of this Act, from the Trust. (ii) Rental payments.--All rents received during the continuation of a lease under clause (i) shall be paid to the Trust. (iii) Limitation on right to transfer lease.--Subject to valid existing rights, a Lessee may not sell or otherwise assign or transfer the leasehold without purchasing the Property from the Trust and conveying the fee interest in the Property. (B) Conveyances by trust.--All conveyances by the Trust shall be a fair market value as determined by a new appraisal, but in no event may the Trust convey any Property to Lessee for an amount less than the value established for the leasehold by the appraisal conducted pursuant to subparagraph (c)(2). (e) Administrative Costs.--Any reasonable administrative cost incurred by the Secretary incident to the conveyance under subsection (a) shall be reimbursed by the Purchaser or CFRA. (f) Timing.--The Secretary shall make every effort to complete the conveyance under subsection (a) not later than 1 year after the date of enactment of this Act. (g) Closing.--Real estate closings to complete the conveyance under subsection (a) may be staggered to facilitate the conveyance as agreed to by the Secretary and the Purchaser or CFRA. (h) Conveyance to Lessee.--Where the Lessee will purchase the Property from the Purchaser or CFRA, the Lessee may request the Secretary to have the conveyance documents prepared in the Lessee's name or names in order to minimize the time and documents required to complete the closing for each Property. (i) Costs.--The Lessee shall reimburse CFRA for a proportionate share of the costs to CFRA in completing the transactions contemplated by this Act, including any interest charges. (j) Costs.--The Lessee shall reimburse the Trust for a proportionate share of the costs to the Trust in completing the transactions contemplated by this Act, including any interest charges. In addition, the lessee shall reimburse the Trust for all costs, including the new appraisal, associated with conveying the Property from the Trust to the Lessee. SEC. 5. AGREEMENT. (a) Requirement To Negotiate.--The Secretary, acting through the Bureau of Reclamation, shall negotiate an agreement with the Broadwater County, Montana, Board of Commissioners to transfer management of the Silo's and White Earth recreation areas. The Secretary shall grant an easement for an access road to these recreation areas. (b) Assessment of Need for Harbor.--Not later than 6 months after the date of the enactment of this Act, the Secretary, acting through the Bureau of Reclamation, shall assess the need for creating a harbor adjacent to the eastern shore of the south half of the Reservoir. SEC. 6. USE OF PROCEEDS. (a) In General.--Proceeds of conveyances under this Act shall be available as follows: (1) 10 percent of the proceeds shall be applied by the Secretary of the Treasury to reduce the outstanding debt for the Pick-Sloan project at Canyon Ferry Reservoir. (2) 45 percent of the proceeds shall be deposited into a separate account in the Treasury and shall be available to the Secretary, subject to appropriations, for purchasing land or conservation easements in the State of Montana. (3) 45 percent of the proceeds shall be available without further appropriation to the Canyon Ferry Lake Trust established under subsection (b) for the purposes of enhancing recreation, fisheries, and conservation in and around the Reservoir. (b) In lieu of a cash contribution to the Trust under section 6(a)(3), CFRA may convey to the Trust the fee title for any Property not purchased by the Lessee. The value of each Property contribution under this paragraph shall be the fair market value of the Property under section 4 of this Act. (c) Canyon Ferry Lake Trust.--(1) There shall be established an entity to be known as the Canyon Ferry Lake Trust, the corpus of which shall initially include, at a minimum, the following funds: (A) One-third of amounts received by the Trust under (6)(a)(3) shall be made available by the Trust to Broadwater County, Montana, to improve access in the Broadwater County portion of the Reservoir. (B) Two-thirds of amounts received by the Trust under (6)(a)(3) shall be deposited into a permanent endowment that may be used in the following manner: (i) Fisheries improvement. (ii) Improvement of campgrounds. (iii) Lakeshore conservation, conservation easements, and public access to Canyon Ferry Reservoir and the watershed of the Missouri River from Canyon Ferry Dam to the confluence of the Madison, Jefferson, and Gallatin Rivers. (2) The Canyon Ferry Lake Trust shall be advised by a board composed of representatives from the following: (A) One appointee for the County Commission of Broadwater County, Montana. (B) One appointee for the County Commission of Lewis and Clark County, Montana. (C) One local agricultural landowner, as agreed to by Lewis and Clark and Broadwater County Commissions, Montana. (D) One representative of a local hunting organization, as agreed to by the Lewis and Clark and Broadwater County Commissions, Montana. (E) One representative of a fisheries conservation organization, as agreed to by Lewis and Clark and Broadwater Counties, Montana. (F) One representative appointed by the Commissioner of the Bureau of Reclamation or his or her designee. (G) One representative appointed by The Director of the Montana Fish, Wildlife and Parks Department or his designee.

Directs the Secretary of the Interior to sell at fair market value 265 cabin sites and related appurtenances around the Canyon Ferry Reservoir, Montana. Requires: (1) a sealed bidding process for such sale; (2) a required minimum bid to be met; and (3) the Canyon Ferry Recreation Association to have the right to match the highest bid offered for such properties. Outlines other conveyance terms, including: (1) allowing individual cabin leaseholders who cannot purchase their site to continue to lease such site for two consecutive five-year periods; and (2) directing the Secretary to complete the conveyance within one year after enactment of this Act. Directs the Secretary to: (1) negotiate an agreement with the Broadwater County, Montana, Board of Supervisors to transfer management of the Silo's and White Earth recreation areas; and (2) assess the need for creating a harbor adjacent to the eastern shore of the south half of the Reservoir. Establishes the Canyon Ferry Lake Trust for the deposit and use of funds for various improvements to the Reservoir and Canyon Ferry area.

A bill to establish terms and conditions under which the Secretary of the Interior shall convey leaseholds in certain Properties around Canyon Ferry Reservoir, Montana.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Collection Act Amendments of 1993''. SEC. 2. IMPROVED DEBT COLLECTION PRACTICES. (a) Use of Collection Agencies.--Section 3718(a) of title 31, United States Code, is amended by striking ``Under conditions'' and all that follows through ``make'' and inserting ``The head of an executive or legislative agency shall make''. (b) Salary Offset.--Subsection (a)(1) of section 5514 of title 5, United States Code, is amended by striking ``may be collected'' and inserting ``shall be collected''. (c) Disclosure to Consumer Reporting Agencies.--Subsection (f)(1) of section 3711 of title 31, United States Code, is amended by striking ``may disclose'' and inserting ``shall disclose''. (d) Administrative Offsets.--Subsection (a) of section 3716 of title 31, United States Code, is amended by striking ``may'' the first place it appears and inserting ``shall''. (e) Report to the Internal Revenue Service of Debts Paid in Full.-- Subchapter II of chapter 37 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 3720B. Report to the Internal Revenue Service of Debts Paid in Full ``The head of a Federal agency shall report any debt that has been paid in full to the Internal Revenue Service promptly after the agency has determined that the debt has been paid in full.''. (f) Disclosure by Internal Revenue Service of Address Information.--Section 6103(m)(2)(A) of the Internal Revenue Code of 1986 is amended by inserting before the period ``, or any other law granting a Federal agency the authority to collect or compromise a Federal claim against the taxpayer.''. (g) Audits and Report of Audit.-- (1) Audits of federal agencies.--The Comptroller General of the United States shall annually conduct audits of each Federal agency to determine-- (A) the amount of debt owed to the agency; (B) the amount of debt owed to the agency that is delinquent; and (C) any action taken by the agency to recover the delinquent debt. (2) Reports to congress.--The Comptroller General shall submit annually to the Congress a report containing the information obtained through the audits prepared pursuant to paragraph (1). (h) Extension of Pilot Debt Collection Project.-- (1) Extension of pilot project.--Section 5 of Public Law 99-578 (31 U.S.C. 3718 note) is repealed. (2) Additional reporting requirements.--Section 3718(c) of title 31, United States Code, is amended-- (A) in paragraph (2), by striking ``and'' at the end thereof; and (B) in paragraph (3)-- (i) in subparagraph (C), by striking the period and adding at the end ``; and''; and (ii) by adding after subparagraph (C) the following new subparagraph: ``(D) the total cost of the pilot program established by Public Law 99-578 (100 Stat. 3305) as well as the total amount of debt recovered under that pilot program.''. (3) Use of recovered funds to reduce budget deficit.-- Section 3718 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(g) Except as provided by subsection (d), any amount recovered through a contract entered into under subsection (b) shall be used to reduce the budget deficit of the United States.''. Notwithstanding the preceding sentence, a percentage (which is hereafter specified by law) of the amount recovered through such a contract shall be paid to the agency on whose behalf such amount was recovered for use by such agency in collecting indebtedness owed to such agency. SEC. 3. IMPROVED LOAN ORIGINATION PROCEDURES. (a) Improved Prescreening Procedures.-- (1) Chapter 97 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 9704. Improved prescreening procedures ``The head of a Federal agency may not make a loan to a loan applicant until the applicant has been prescreened to determine if the applicant is creditworthy. The determination of creditworthiness shall include an evaluation of the ability and willingness of the applicant to repay the debt, the agency's level of acceptable risk, other agency or Federal Government obligations that could jeopardize or be jeopardized by the loan under consideration, and the existence of other debts owed by the loan applicant to the Federal Government, including a tax delinquent account with the Internal Revenue Service.''. (2) Section 6103(m)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``the Secretary may'' and inserting ``the Secretary shall''. (b) Denial of Credit to Applicants With Delinquent Debts.--Chapter 97 of title 31, United States Code, as amended by subsection (a), is further amended by adding at the end the following new section: ``Sec. 9705. Denial of credit to applicants with delinquent debts ``The head of a Federal agency may not make a loan to a loan applicant who owes a delinquent debt to the Federal Government, including the Internal Revenue Service.''. SEC. 4. USE OF ADMINISTRATIVE CHARGES TO IMPROVE CREDIT MANAGEMENT TECHNIQUES. Section 3717 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(i) The Secretary shall deposit in a special fund any amounts received by a Federal agency to cover the cost of processing and handling delinquent claims under subsection (e). The Secretary shall, without further appropriation and upon request by the agency, disburse money from such fund to the agency solely for the use of improving credit management techniques, except that the access of each agency to funds in the special account shall be limited to the amount that the agency received to cover the cost of processing and handling delinquent claims under subsection (e).''. SEC. 5. TECHNICAL AMENDMENTS. (a) Chapter 37 Amendments.--The table of sections at the beginning of chapter 37 of title 31, United States Code, is amended by inserting after the item relating to section 3720A the following new item: ``3720B. Report to the Internal Revenue Service of debts paid in full.''. (b) Chapter 97 Amendments.--The table of sections at the beginning of chapter 97 of title 31, United States Code, is amended by adding at the end the following new items: ``9704. Improved prescreening procedures. ``9705. Denial of credit to applicants with delinquent debts.''.

Debt Collection Act Amendments of 1993 - Amends Federal law to require the head of an executive or legislative agency (who, currently, is merely authorized) to: (1) contract with a collection service to recover indebtedness owed to the United States; (2) collect such indebtedness from Federal employees in installment deductions; (3) disclose certain information to a consumer reporting agency when trying to collect a claim; and (4) collect such a claim by administrative offset. Requires the head of a Federal agency to report promptly to the Internal Revenue Service (IRS) any debt that has been paid in full. Amends the Internal Revenue Code to allow the IRS to disclose address information in accordance with any law granting a Federal claim against a taxpayer. Directs the Comptroller General to report to the Congress after annual audits of each Federal agency on: (1) the amount of debt owed to the agency; (2) the amount that is delinquent; and (3) action taken by the agency to recover such debt. Repeals the termination date of the pilot debt collection project of the Department of Justice. Requires the Attorney General to include in the annual report to the Congress on activities to recover indebtedness the total cost of the pilot project and the total amount of debt recovered under it. Requires that recovered funds be used to reduce the Federal deficit. Requires a percentage of recovered funds to be used by the agency in collecting indebtedness. Prohibits the head of a Federal agency from making a loan until the loan applicant has been prescreened to determine creditworthiness. Requires the IRS to disclose address information to a Federal agency for use in collecting a claim. Prohibits the head of a Federal agency from making a loan to a loan applicant who owes a delinquent debt to the Federal Government, including the IRS. Allows the use of administrative charges by the Secretary of the Treasury for improving credit management techniques.

Debt Collection Act Amendments of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Culture of Safety Hospital Accountability Act of 2010''. SEC. 2. CULTURE OF SAFETY HOSPITAL ACCOUNTABILITY STUDY AND DEMONSTRATION PROGRAM. (a) Study.-- (1) In general.--The Secretary shall conduct a study that-- (A) examines existing activities and programs in hospitals for quality assurance, patient safety, and performance improvement and provides an analysis regarding best practices with respect to such activities and programs; and (B) identifies best practices that should be replicated in hospitals to improve patient safety and quality of care, consistent with the provisions included under the quality assessment and performance improvement program, as required under the conditions of participation for hospitals under Medicare. (2) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall prepare a report containing the results of the study conducted under paragraph (1). Such report shall be made available on the Internet website of the Centers for Medicare & Medicaid Services. (b) Demonstration Program.-- (1) In general.--The Secretary shall establish the Culture of Safety Hospital Accountability demonstration program to provide support for establishing partnerships and other cooperative approaches between hospitals, State health care agencies, and the Department of Health and Human Services to promote and implement the best practices identified under subsection (a), with the goal of improving the safety and quality of care provided to Medicare beneficiaries and enhance compliance with the conditions of participation for hospitals under Medicare. (2) Duration.--The demonstration program shall operate during a period of 3 years, beginning not later than 12 months after completion of the report described in subsection (a)(2). (3) Scope.-- (A) States.--The Secretary shall select not less than 4 States, but not more than 6 States, to participate in the demonstration program. (B) Hospitals.--The Secretary shall select not more than 24 hospitals, within the States selected under subparagraph (A), to participate in the demonstration program. The hospitals selected under this subparagraph shall satisfy criteria, as developed by the Secretary, relating to compliance with the conditions of participation for hospitals under Medicare. (4) Application.--A State or hospital that desires to participate in the demonstration program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (5) Implementation.-- (A) Technical assistance.--The Secretary shall provide participating hospitals with technical assistance in implementation of the best practices identified through the study under subsection (a). (B) Hospital surveyors.--For each State participating in the demonstration program, the Secretary shall provide training to State surveyors that is designed to-- (i) enhance knowledge of the disciplines of patient safety, quality assessment, and performance improvement; (ii) increase skill in evaluating compliance with quality assessment and performance improvement programs required under the conditions of participation for hospitals under Medicare; and (iii) focus investigations of complaints regarding hospital care on the hospital's quality assessment and performance improvement program. (6) Evaluation.--For each State and hospital participating in the demonstration program, the Secretary shall evaluate the following: (A) The level of implementation of the best practices identified under subsection (a) by the participating hospitals and whether adoption of such practices-- (i) improved quality and patient safety (including an analysis of changes in quality measures and other indicators of outcome and performance); and (ii) resulted in a decrease in the seriousness or number of citations for deficiencies under the conditions of participation for hospitals under Medicare. (B) The training provided to State surveyors and whether such training resulted in enhanced proficiency in evaluations of hospital quality assessment and performance improvement programs. (7) Report.--Not later than 12 months after completion of the demonstration program, the Secretary shall submit to Congress a report containing an evaluation of such program, including-- (A) the findings of the evaluation under paragraph (6); and (B) recommendations-- (i) in regard to whether the best practices identified under the demonstration program should be adopted by other hospitals, and how the Secretary can best promote adoption of such best practices; (ii) in regard to whether the training for State surveyors developed under the demonstration program should be provided to all State surveyors; and (iii) for such legislation and administrative action as the Secretary determines appropriate. (8) Waiver authority.--The Secretary may waive such requirements under titles XI and XVIII of the Social Security Act as may be necessary to carry out the demonstration program. (c) Funding.--For purposes of carrying out this Act, the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) of $25,000,000, to the Centers for Medicare & Medicaid Services Program Management Account for the period of fiscal years 2010 through 2017. Amounts transferred under the preceding sentence shall remain available until expended. (d) Alternative Remedies.--Section 1866(b) of the Social Security Act (42 U.S.C. 1395cc(b)) is amended by adding at the end the following new paragraph: ``(5)(A) The Secretary is authorized to promulgate regulations that establish enforcement remedies that are in addition to, or in lieu of, termination of an agreement under this section for hospitals or critical access hospitals for violations of health and safety requirements under this title. Such remedies may include directed plans of correction that are designed to-- ``(i) ensure compliance with requirements under this title (including conditions of participation for hospitals or critical access hospitals); ``(ii) prevent recurrence of non-compliance with such requirements; and ``(iii) improve the internal structures and processes within the hospital or critical access hospital for provision of continuous quality and safety enhancement. ``(B) The regulations described under subparagraph (A) may be promulgated by the Secretary before, during, or after the evaluation described under section 2(b)(6) of the Culture of Safety Hospital Accountability Act of 2010.''. (e) Non-Application of Paperwork Reduction Act.--Chapter 35 of title 44, United States Code (commonly referred to as the `Paperwork Reduction Act of 1995') shall not apply to this Act. (f) Definitions.--In this Act: (1) Demonstration program.--The term ``demonstration program'' means the Culture of Safety Hospital Accountability demonstration program conducted under this Act. (2) Hospital.--The term ``hospital'' means-- (A) an institution described under section 1861(e) of the Social Security Act (42 U.S.C. 1395x(e)); or (B) a critical access hospital (as described under section 1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1)). (3) Medicare.--The term ``Medicare'' means the program established under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Culture of Safety Hospital Accountability Act of 2010 - Directs the Secretary of Heatlh and Human Services (HHS) to study for a report made available on the Internet website of the Centers for Medicare and Medicaid Services: (1) existing activities and programs in hospitals for quality assurance, patient safety, and performance improvement; and (2) any best practices that should be replicated in hospitals to improve patient safety and quality of care, consistent with the quality assessment and performance improvement program, as required by the conditions of participation for hospitals under title XVIII (Medicare) of the Social Security Act. Directs the Secretary to establish the Culture of Safety Hospital Accountability demonstration program to support establishing partnerships and other cooperative approaches among hospitals, state health care agencies, and HHS to promote and implement the best practices.

A bill to establish the Culture of Safety Hospital Accountability Study and Demonstration Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Bipartisan Commission on the Future of Medicare Act of 1997''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the National Bipartisan Commission on the Future of Medicare (referred to in this Act as the ``Commission''). SEC. 3. FINDINGS. The Congress finds that-- (1) the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) provides essential health care coverage to this Nation's senior citizens and to individuals with disabilities; (2) the Federal Hospital Insurance Trust Fund established under that Act has been spending more than it receives since 1995, and will be bankrupt in the year 2001; (3) the Federal Hospital Insurance Trust Fund faces even greater solvency problems in the long run with the aging of the baby boom generation and the continuing decline in the number of workers paying into the medicare program for each medicare beneficiary; (4) the trustees of the trust funds of the medicare program have reported that growth in spending within the Federal Supplementary Medical Insurance Trust Fund established under that Act is unsustainable; and (5) expeditious action is needed in order to restore the financial integrity of the medicare program and to maintain this Nation's commitment to senior citizens and to individuals with disabilities. SEC. 4. DUTIES OF THE COMMISSION. The Commission shall-- (1) review and analyze the long-term financial condition of the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); (2) identify problems that threaten the financial integrity of the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund established under that title (42 U.S.C. 1395i, 1395t); (3) analyze potential solutions to the problems identified under paragraph (2) that will ensure both the financial integrity of the medicare program and the provision of appropriate benefits under such program; (4) make recommendations to restore the solvency of the Federal Hospital Insurance Trust Fund and the financial integrity of the Federal Supplementary Medical Insurance Trust Fund through the year 2030, when the last of the baby boomers reaches age 65; (5) make recommendations for establishing the appropriate financial structure of the medicare program as a whole; (6) make recommendations for establishing the appropriate balance of benefits covered and beneficiary contributions to the medicare program; (7) make recommendations for the time periods during which the recommendations described in paragraphs (4), (5), and (6) should be implemented; and (8) review and analyze such other matters as the Commission deems appropriate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members, of whom-- (1) three shall be appointed by the President; (2) six shall be appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, of whom not more than 4 shall be of the same political party; and (3) six shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, of whom not more than 4 shall be of the same political party. (b) Comptroller General.--The Comptroller General of the United States shall advise the Commission on the methodology to be used in identifying problems and analyzing potential solutions in accordance with the duties of the Commission described in section 4. (c) Terms of Appointment.--The members shall serve on the Commission for the life of the Commission. (d) Meetings.--The Commission shall locate its headquarters in the District of Columbia, and shall meet at the call of the Chairperson. (e) Quorum.--Ten members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (f) Chairperson.--The Speaker of the House of Representatives, in consultation with the Majority Leader of the Senate, shall designate 1 of the members appointed under subsection (a) as Chairperson of the Commission. (g) Vacancies.--A vacancy on the Commission shall be filled in the same manner in which the original appointment was made not later than 30 days after the Commission is given notice of the vacancy. (h) Compensation.--Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (i) Expenses.--Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 6. STAFF AND SUPPORT SERVICES. (a) Executive Director.-- (1) Appointment.--The Chairperson shall appoint an executive director of the Commission. (2) Compensation.--The executive director shall be paid the rate of basic pay for level V of the Executive Schedule. (b) Staff.--With the approval of the Commission, the executive director may appoint such personnel as the executive director considers appropriate. (c) Applicability of Civil Service Laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates). (d) Experts and Consultants.--With the approval of the Commission, the executive director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon the request of the Commission, the head of any Federal agency may detail any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. (f) Other Resources.--The Commission shall have reasonable access to materials, resources, statistical data, and other information from the Library of Congress and agencies and elected representatives of the executive and legislative branches of the Federal Government. The Chairperson of the Commission shall make requests for such access in writing when necessary. (g) Physical Facilities.--The Administrator of the General Services Administration shall locate suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for the proper functioning of the Commission. SEC. 7. POWERS OF COMMISSION. (a) Hearings.--The Commission may conduct public hearings or forums at the discretion of the Commission, at any time and place the Commission is able to secure facilities and witnesses, for the purpose of carrying out the duties of the Commission. (b) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (c) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. 8. REPORT. Not later than 1 year after the date of the enactment of this Act, the Commission shall submit a report to the President and Congress which shall contain a detailed statement of the recommendations, findings, and conclusions of the Commission. SEC. 9. TERMINATION. The Commission shall terminate on the date which is 30 days after the date the Commission submits its report to the President and to Congress under section 8. SEC. 10. FUNDING. There is authorized to be appropriated to the Commission such sums as are necessary to carry out the purposes of this Act. Sums appropriated under this section shall be paid equally from the Federal Hospital Insurance Trust Fund and from the Federal Supplementary Medical Insurance Trust Fund under title XVIII of the Social Security Act (42 U.S.C. 1395i, 1395t).

National Bipartisan Commission on the Future of Medicare Act of 1997 - Establishes the National Bipartisan Commission on the Future of Medicare to: (1) review and analyze the long-term financial condition of the Medicare program under title XVIII of the Social Security Act; (2) identify problems that threaten the financial integrity of the Medicare trust funds and make appropriate recommendations to restore such integrity through 2030; (3) analyze potential solutions to the problems identified that will ensure both the financial integrity of Medicare and the provision of appropriate benefits; and (4) make recommendations for establishing the appropriate financial structure of the Medicare program and for establishing the appropriate balance of benefits covered and beneficiary contributions to the Medicare program. Requires a report to the President and the Congress. Authorizes appropriations.

National Bipartisan Commission on the Future of Medicare Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paul Wellstone Mental Health Equitable Treatment Act of 2005''. SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) In General.--Section 712 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185a) is amended to read as follows: ``SEC. 712. MENTAL HEALTH PARITY. ``(a) In General.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and mental health benefits, such plan or coverage shall not impose any treatment limitations or financial requirements with respect to the coverage of benefits for mental illnesses unless comparable treatment limitations or financial requirements are imposed on medical and surgical benefits. ``(b) Construction.-- ``(1) In general.--Nothing in this section shall be construed as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide any mental health benefits. ``(2) Medical management of mental health benefits.-- Consistent with subsection (a), nothing in this section shall be construed to prevent the medical management of mental health benefits, including through concurrent and retrospective utilization review and utilization management practices, preauthorization, and the application of medical necessity and appropriateness criteria applicable to behavioral health and the contracting and use of a network of participating providers. ``(3) No requirement of specific services.--Nothing in this section shall be construed as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide coverage for specific mental health services, except to the extent that the failure to cover such services would result in a disparity between the coverage of mental health and medical and surgical benefits. ``(c) Small Employer Exemption.-- ``(1) In general.--This section shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) for any plan year of any employer who employed an average of at least 2 but not more than 50 employees on business days during the preceding calendar year. ``(2) Application of certain rules in determination of employer size.--For purposes of this subsection-- ``(A) Application of aggregation rule for employers.--Rules similar to the rules under subsections (b), (c), (m), and (o) of section 414 of the Internal Revenue Code of 1986 shall apply for purposes of treating persons as a single employer. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(C) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. ``(d) Separate Application to Each Option Offered.--In the case of a group health plan that offers a participant or beneficiary two or more benefit package options under the plan, the requirements of this section shall be applied separately with respect to each such option. ``(e) In-Network and Out-of-Network Rules.--In the case of a plan or coverage option that provides in-network mental health benefits, out-of-network mental health benefits may be provided using treatment limitations or financial requirements that are not comparable to the limitations and requirements applied to medical and surgical benefits if the plan or coverage provides such in-network mental health benefits in accordance with subsection (a) and provides reasonable access to in- network providers and facilities. ``(f) Definitions.--For purposes of this section-- ``(1) Financial requirements.--The term `financial requirements' includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by a participant or beneficiary with respect to benefits under the plan or health insurance coverage and shall include the application of annual and lifetime limits. ``(2) Medical or surgical benefits.--The term `medical or surgical benefits' means benefits with respect to medical or surgical services, as defined under the terms of the plan or coverage (as the case may be), but does not include mental health benefits. ``(3) Mental health benefits.--The term `mental health benefits' means benefits with respect to services, as defined under the terms and conditions of the plan or coverage (as the case may be), for all categories of mental health conditions listed in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM IV-TR), or the most recent edition if different than the Fourth Edition, if such services are included as part of an authorized treatment plan that is in accordance with standard protocols and such services meet the plan or issuer's medical necessity criteria. ``(4) Treatment limitations.--The term `treatment limitations' means limitations on the frequency of treatment, number of visits or days of coverage, or other similar limits on the duration or scope of treatment under the plan or coverage.''. (b) Clerical Amendment.--The table of contents in section 1 of such Act is amended by striking the item relating to section 712 and inserting the following new item: ``Sec. 712. Mental health parity.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2006. SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE GROUP MARKET. (a) In General.--Section 2705 of the Public Health Service Act (42 U.S.C. 300gg-5) is amended to read as follows: ``SEC. 2705. MENTAL HEALTH PARITY. ``(a) In General.--In the case of a group health plan (or health insurance coverage offered in connection with such a plan) that provides both medical and surgical benefits and mental health benefits, such plan or coverage shall not impose any treatment limitations or financial requirements with respect to the coverage of benefits for mental illnesses unless comparable treatment limitations or financial requirements are imposed on medical and surgical benefits. ``(b) Construction.-- ``(1) In general.--Nothing in this section shall be construed as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide any mental health benefits. ``(2) Medical management of mental health benefits.-- Consistent with subsection (a), nothing in this section shall be construed to prevent the medical management of mental health benefits, including through concurrent and retrospective utilization review and utilization management practices, preauthorization, and the application of medical necessity and appropriateness criteria applicable to behavioral health and the contracting and use of a network of participating providers. ``(3) No requirement of specific services.--Nothing in this section shall be construed as requiring a group health plan (or health insurance coverage offered in connection with such a plan) to provide coverage for specific mental health services, except to the extent that the failure to cover such services would result in a disparity between the coverage of mental health and medical and surgical benefits. ``(c) Small Employer Exemption.-- ``(1) In general.--This section shall not apply to any group health plan (and group health insurance coverage offered in connection with a group health plan) for any plan year of any employer who employed an average of at least 2 but not more than 50 employees on business days during the preceding calendar year. ``(2) Application of certain rules in determination of employer size.--For purposes of this subsection-- ``(A) Application of aggregation rule for employers.--Rules similar to the rules under subsections (b), (c), (m), and (o) of section 414 of the Internal Revenue Code of 1986 shall apply for purposes of treating persons as a single employer. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a small employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(C) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. ``(d) Separate Application to Each Option Offered.--In the case of a group health plan that offers a participant or beneficiary two or more benefit package options under the plan, the requirements of this section shall be applied separately with respect to each such option. ``(e) In-Network and Out-of-Network Rules.--In the case of a plan or coverage option that provides in-network mental health benefits, out-of-network mental health benefits may be provided using treatment limitations or financial requirements that are not comparable to the limitations and requirements applied to medical and surgical benefits if the plan or coverage provides such in-network mental health benefits in accordance with subsection (a) and provides reasonable access to in- network providers and facilities. ``(f) Definitions.--For purposes of this section-- ``(1) Financial requirements.--The term `financial requirements' includes deductibles, coinsurance, co-payments, other cost sharing, and limitations on the total amount that may be paid by a participant, beneficiary or enrollee with respect to benefits under the plan or health insurance coverage and shall include the application of annual and lifetime limits. ``(2) Medical or surgical benefits.--The term `medical or surgical benefits' means benefits with respect to medical or surgical services, as defined under the terms of the plan or coverage (as the case may be), but does not include mental health benefits. ``(3) Mental health benefits.--The term `mental health benefits' means benefits with respect to services, as defined under the terms and conditions of the plan or coverage (as the case may be), for all categories of mental health conditions listed in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM IV-TR), or the most recent edition if different than the Fourth Edition, if such services are included as part of an authorized treatment plan that is in accordance with standard protocols and such services meet the plan or issuer's medical necessity criteria. ``(4) Treatment limitations.--The term `treatment limitations' means limitations on the frequency of treatment, number of visits or days of coverage, or other similar limits on the duration or scope of treatment under the plan or coverage.''. (b) Effective Date.--The amendment made by this section shall apply with respect to plan years beginning on or after January 1, 2006. SEC. 4. PREEMPTION. Nothing in the amendments made by this Act shall be construed to preempt any provision of State law, with respect to health insurance coverage offered by a health insurance issuer in connection with a group health plan, that provides protections to enrollees that are greater than the protections provided under such amendments. Nothing in the amendments made by this Act shall be construed to affect or modify section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144). SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. (a) Study.--The Comptroller General shall conduct a study that evaluates the effect of the implementation of the amendments made by this Act on the cost of health insurance coverage, access to health insurance coverage (including the availability of in-network providers), the quality of health care, and other issues as determined appropriate by the Comptroller General. Such study also shall include an estimation of the costs of extending the provisions of such amendments to treatment of substance abuse and chemical dependency. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall prepare and submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a).

Paul Wellstone Mental Health Equitable Treatment Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to prohibit a group health plan or group health coverage that provides both medical and surgical benefits and mental health benefits from imposing treatment limitations or financial requirements on the mental health benefits unless comparable limitations or requirements are imposed on medical and surgical benefits. Excludes such requirements for plans and coverage for small employers. Allows a plan or coverage that provides in-network mental health benefits to provide out-of-network mental health benefits using treatment limitations or financial requirements that are not comparable to those applied to medical-surgical benefits if the in-network mental health benefits are provided at parity with medical-surgical benefits and with reasonable access. Requires the Government Accountability Office (GAO) to: (1) study the effects of this Act on health insurance costs and access and quality of health care; and (2) provide a cost estimation of extending such requirements to the treatment of substance abuse and chemical dependency.

To provide for equal coverage of mental health benefits with respect to health insurance coverage unless comparable limitations are imposed on medical and surgical benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Accountability Now Act'' or the ``CAN Act''. SEC. 2. PROHIBITING USE OF FUNDS FOR OFFICIAL TRAVEL EXPENSES OF MEMBERS OF CONGRESS AND LEGISLATIVE BRANCH EMPLOYEES FOR AIRLINE ACCOMMODATIONS OTHER THAN COACH-CLASS. (a) Prohibition.--Except as provided in subsection (b), no funds appropriated or otherwise made available for the official travel expenses of a Member of Congress or other officer or employee of any office in the legislative branch may be used for airline accommodations which are not coach-class accommodations. (b) Exceptions.--Funds described in subsection (a) may be used for airline accommodations which are not coach-class accommodations for an individual described in subsection (a) if the use of the funds for such accommodations would be permitted under sections 301-10.121 through 301-10.125 of title 41 of the Code of Federal Regulations if the individual were an employee of an agency which is subject to chapter 301 of such title. (c) Rule of Construction.--Nothing in this section may be construed to affect any officer or employee of an office of the legislative branch which, as of the date of the enactment of this Act, is subject to chapter 301 of title 41 of the Code of Federal Regulations. (d) Definitions.-- (1) Coach-class accommodations.--In this section, the term ``coach-class accommodations'' means the basic class of accommodation by airlines that is normally the lowest fare offered regardless of airline terminology used, and (as referred to by airlines) may include tourist class or economy class, as well as single class when the airline offers only one class of accommodations to all travelers. (2) Member of congress.--In this section, the term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. SEC. 3. PROHIBITING USE OF FUNDS FOR LONG-TERM VEHICLE LEASES BY MEMBERS OF CONGRESS. (a) Prohibition.--No funds appropriated or otherwise made available during a fiscal year for the operations of a House of Congress, including the official and representational expenses of a Member of Congress or the expenses of a committee or leadership office of a House of Congress, may be used for the long-term leasing of a vehicle. (b) Member of Congress Defined.--In this section, the term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. SEC. 4. RESTRICTING USE OF FRANK BY MEMBERS OF THE HOUSE OF REPRESENTATIVES. Section 311(e) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 503(e)) is amended by adding at the end the following new paragraph: ``(3) Funds of the House of Representatives may not be used for official mail of a Member of the House of Representatives for any material other than a document transmitted under the official letterhead used for the Member's stationery.''. SEC. 5. REDUCTION IN PAY AND ELIMINATION OF AUTOMATIC PAY INCREASES FOR MEMBERS OF CONGRESS. (a) In General.--Section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) is amended to read as follows: ``Sec. 601. (a) Effective as of the beginning of the first applicable pay period commencing after the date of the first regularly scheduled general election for Federal office which is held after the date of the enactment of the Congressional Accountability Now Act, the annual rate of pay for-- ``(1) each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico, ``(2) the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, and ``(3) the Speaker of the House of Representatives, shall be equal to the annual rate of pay for that position as of the date on which such general election is held, reduced by 10 percent.''. (b) Effective Date.--Subsection (a) shall take effect on the date of the first regularly scheduled general election for Federal office which is held after the date of the enactment of this Act. SEC. 6. TERMINATION OF CERTAIN RETIREMENT BENEFITS FOR MEMBERS OF CONGRESS. (a) Amendments Relating to the Civil Service Retirement System.-- (1) In general.--Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following: ``Sec. 8335a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this subchapter and subject to subsection (f), effective as of the date of enactment of this section-- ``(1) a Member shall not be subject to this subchapter for any further period of time; and ``(2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.--Any regulations necessary to carry out this section may-- ``(1) except with respect to matters under paragraph (2), be prescribed by the Director of the Office of Personnel Management; and ``(2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(e) Exclusion.--For purposes of this section, the term `Member' does not include the Vice President. ``(f) Opt-In.--Not later than 90 days after the date of enactment of this section, a Member covered by this subchapter as of such date of enactment may elect, by giving notice in writing to the official by whom such Member is paid, to remain subject to this subchapter.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: ``8335a. Termination of further retirement coverage of Members of Congress.''. (b) Amendments Relating to the Federal Employees' Retirement System.-- (1) In general.--Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: ``Sec. 8425a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this chapter, effective as of the date of enactment of this section-- ``(1) subject to subsection (f), in the case of an individual who first becomes a Member before such date of enactment-- ``(A) such Member shall not be subject to this chapter for any further period of time after such date of enactment; and ``(B) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and ``(2) in the case of an individual who first becomes a Member on or after such date of enactment-- ``(A) such Member shall not be subject to this chapter; and ``(B) no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) or (b) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment. ``(e) Exclusions.--For purposes of this section, the term `Member' does not include the Vice President. ``(f) Opt-In for Members.--Not later than 90 days after the date of enactment of this section, a Member covered by this chapter as of such date may elect, by giving notice in writing to the official by whom such Member is paid, to remain subject to this chapter.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following: ``8425a. Termination of further retirement coverage of Members of Congress.''. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act, other than sections 5 and 6, shall apply with respect to fiscal year 2017 and each succeeding fiscal year.

Congressional Accountability Now Act or the CAN Act This bill prohibits the use of funds: (1) for the official travel expenses of a Member of Congress or legislative branch employee for airline accomodations that are not coach-class, (2) for the long-term leasing of a vehicle by a Member of Congress, and (3) for a Member's official mail other than a document transmitted under official letterhead. The bill amends the Legislative Reorganization Act of 1946 to reduce the annual rate of pay for Members of Congress by 10%. This bill excludes Members of Congress from further coverage under the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS). This exclusion does not apply to the Vice President. Nothing in this bill shall: (1) be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under CSRS or FERS for any Member covering any period before its enactment; or (2) affect the eligibility of a Member to participate in the Thrift Savings Plan. Members currently covered by CSRS or FERS may elect to retain such coverage by giving written notice within 90 days after enactment of this bill.

CAN Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Conservation Act of 2010''. SEC. 2. HOME ENERGY CONSERVATION BONDS. (a) In General.--Subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 54G. HOME ENERGY CONSERVATION BONDS. ``(a) Home Energy Conservation Bond.--For purposes of this subchapter, the term `home energy conservation bond' means any bond issued as part of an issue if-- ``(1) 100 percent of the available project proceeds of such issue are to be used to make qualified residential energy efficiency assistance grants and loans, ``(2) not less than 20 percent of the available project proceeds of such issue are to be used to make qualified low- income residential energy efficiency assistance grants and loans, ``(3) not less than 10 percent of the available project proceeds of such issue are to be used to make qualified very low-income residential energy efficiency assistance grants, ``(4) repayments of principal and applicable interest on financing provided by the issue are used not later than the close of the 3-month period beginning on the date the prepayment (or complete repayment) is received to redeem bonds which are part of the issue or to make qualified residential energy efficiency assistance grants and loans, ``(5) the bond is issued by a State or local government, and ``(6) the issuer designates such bond for purposes of this section. ``(b) Limitation on Amount of Bonds Designated.--The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated under subsection (d) to such issuer. ``(c) National Limitation on Amount of Bonds Designated.--There is a national home energy conservation bond limitation of $2,400,000,000. ``(d) Allocations.-- ``(1) In general.--The limitation under subsection (c) shall be allocated by the Secretary among the States in proportion to the population of the States. ``(2) Allocations to largest local governments.-- ``(A) In general.--In the case of any State in which there is a large local government, each such local government shall be allocated a portion of such State's allocation which bears the same ratio to the State's allocation (determined without regard to this subparagraph) as the population of such large local government bears to the population of such State. ``(B) Allocation of unused limitation to state.-- The amount allocated under this subsection to a large local government may be reallocated by such local government to the State in which such local government is located. ``(C) Large local government.--For purposes of this section, the term `large local government' means any municipality or county if such municipality or county has a population of 500,000 or more. ``(e) Qualified Residential Energy Efficiency Assistance Grants and Loans.--For purposes of this section-- ``(1) In general.--Qualified residential energy efficiency assistance grants and loans are any grant or low-interest loan, as the case may be, to acquire (including reasonable installation and testing costs) any of the following: ``(A) Any property which meets (at a minimum) the requirements of the Energy Star program and which is to be installed in a dwelling unit. ``(B) Any property not described in subparagraph (A) which meets (at a minimum) the requirements of the Water Sense program and which is to be installed in a dwelling unit. ``(C) Any improvements to a dwelling unit which are made pursuant to a plan which-- ``(i) is developed by a Residential Energy Services Network (RESNET), Building Performance Institute (BPI), or equivalent, energy efficiency expert, and ``(ii) is certified by such energy efficiency expert (based on testing done before and after such improvements) as resulting in at least a 20 percent reduction in total household energy consumption related to heating, cooling, lighting, and appliances. For purposes of this subparagraph, improvements to a dwelling unit for basic health and safety may be taken into account to the extent that such improvements do not exceed 10 percent of the value of the grant or loan and are required under State or local law as a condition of making the other improvement described in this subparagraph. ``(2) Dollar limitations.-- ``(A) Dwelling unit improvements.-- ``(i) In general.--Such term shall not include any grant or loan for improvements described in paragraph (1)(C) with respect to any dwelling unit to the extent that such grant or loan (when added to all other grants or loans for such improvements) exceeds $5,000. ``(ii) Increased limitation for certain principal residences.--In the case of a dwelling unit which is used as a principal residence (within the meaning of section 121) by the recipient of the grant or loan referred to in clause (i)-- ``(I) clause (i) shall be applied by substituting `$12,000' for `$5,000' if such grant or loan would satisfy the requirements of paragraph (1)(C) if such paragraph were applied by substituting `40 percent' for `20 percent', and ``(II) in any case to which subclause (I) does not apply, clause (i) shall be applied by substituting `$8,000' for `$5,000' if such grant or loan would satisfy the requirements of paragraph (1)(C) if such paragraph were applied by substituting `30 percent' for `20 percent'. ``(iii) Increased limitation for cash positive loans.--In the case of a dwelling unit which is used as a principal residence (within the meaning of section 121) by the recipient of a loan with respect to which the reduced energy costs which result from the improvements described in paragraph (1)(C) exceed the payments required under the terms of the loan-- ``(I) clause (i) shall be applied by substituting `$12,000' for `$5,000', and ``(II) clause (ii) shall not apply. ``(B) Reduction in water consumption.--Such term shall not include any grant or loan for property described in paragraph (1)(B) with respect to any dwelling unit to the extent that such grant or loan (when added to all other grants or loans for such property) exceeds $500. ``(3) Low-interest loan.--The term `low interest loan' means any loan which charges interest at a rate which does not exceed the applicable Federal rate in effect under section 1288(b)(1) determined as of the issuance of the loan. ``(4) Exclusion of certain property.--The following property shall not be taken into account for purposes of paragraph (1): ``(A) Any equipment used in connection with a swimming pool, hot tub, or similar property. ``(B) Any television. ``(C) Any device for converting digital signal to analog. ``(D) Any DVD player. ``(E) Any video cassette recorder (VCR). ``(F) Any audio equipment. ``(G) Any cordless phone. ``(H) Any other item of property where there is substantial recreational use. ``(f) Qualified Low-Income Residential Efficiency Assistance Grants and Loans.-- ``(1) In general.--Qualified low-income residential energy efficiency assistance grants and loans are any qualified residential energy efficiency assistance grant or loan, as the case may be, with respect to a dwelling unit which is occupied (at the time of the grant or loan) by individuals whose income is 100 percent or less of area median gross income. Rules similar to the rules of section 142(d)(2)(B) shall apply for purposes of this paragraph. ``(2) Restriction to grants and very low interest loans.-- Such term shall not include any loan unless the rate of interest on such loan does not exceed the excess of-- ``(A) the applicable Federal rate in effect under section 1288(b)(1) determined as of the issuance of the loan, over ``(B) 100 basis points. ``(g) Qualified Very Low-Income Residential Efficiency Assistance Grants.--For purposes of this section, qualified very low-income residential energy efficiency assistance grants are any qualified low- income residential energy efficiency assistance grant with respect to a dwelling unit which is occupied (at the time of the grant) by individuals whose income is 50 percent or less of area median gross income. Rules similar to the rules of section 142(d)(2)(B) shall apply for purposes of this paragraph. ``(h) Definitions and Special Rules.--For purposes of this section-- ``(1) Applicable interest.--The term `applicable interest' means, with respect to any loan, so much of any interest on such loan which exceeds 1 percentage point. ``(2) Special rule relating to arbitrage.--An issue shall not be treated as failing to meet the requirements of section 54A(d)(4)(A) by reason of any investment of available project proceeds in qualified residential energy efficiency assistance loans. ``(3) Exclusion of administrative expenses.--The amount treated as used to make any grant or loan described in this section shall not exceed the amount of such grant or loan. ``(4) Population.--The population of any State or local government shall be determined as provided in section 146(j) for the calendar year which includes the date of the enactment of this section. ``(5) Reporting.-- ``(A) Reports by issuers.--Issuers of home energy conservation bonds shall, not later than 6 months after the expenditure period (as defined in section 54A) and annually thereafter until the last such bond is redeemed, submit reports to the Secretary regarding such bonds, including information regarding-- ``(i) the number and monetary value of loans and grants provided and the purposes for which provided, ``(ii) the number of dwelling units the energy efficiency of which improved as result of such loans and grants, ``(iii) the types of property described in subparagraphs (A) and (B) of subsection (e)(1) installed as a result of such loans and grants and the projected energy savings with respect to such property, and ``(iv) the projected energy savings as a result of such loans and grants for improvements described in subsection (e)(1)(C). ``(B) Report to congress.--Not later than 12 months after receipt of the first report under subparagraph (A) and annually thereafter until the last such report is required to be submitted, the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall submit a report to Congress regarding the bond program under this section, including information regarding-- ``(i) the aggregate of each category of information described in subparagraph (A) (including any independent assessment of projected energy savings), and ``(ii) an estimate of the amount of greenhouse gas emissions reduced as a result of such bond program.''. (b) Treatment as a Specified Tax Credit Bond for Purposes of Direct Payment Provisions.--Subparagraph (A) of section 6431(f)(3) of such Code is amended by striking ``or'' at the end of clause (iii), by striking ``and'' at the end of clause (iv) and inserting ``or'', and by adding at the end the following new clause: ``(v) a home energy conservation bond (as defined in section 54G), and''. (c) Conforming Amendments.-- (1) Paragraph (1) of section 54A(d) of such Code is amended by striking ``or'' at the end of subparagraph (D), by inserting ``or'' at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph: ``(F) a home energy conservation bond,''. (2) Subparagraph (C) of section 54A(d)(2) of such Code is amended by striking ``and'' at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``, and'', and by adding at the end the following new clause: ``(vi) in the case of a home energy conservation bond, a purpose specified in section 54G(a)(1).''. (3) The table of sections for subpart I of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 54G. Home energy conservation bonds.''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.

Home Energy Conservation Act of 2010 - Amends the Internal Revenue Code to allow the issuance of tax-exempt home energy conservation bonds to finance qualified residential energy efficiency assistance grants and loans and extend such grants and loans to low and very-low income taxpayers. Imposes a national home energy conservation bond limitation amount of $2.4 billion and allocates such amount to states in proportion to state population. Defines "qualified residential energy efficiency assistance grants and loans" as any grant or loan to acquire: (1) any property which meets (at a minimum) the requirements of the Energy Star program or the Water Sense program and which is to be installed in a dwelling unit; and (2) any improvement to a dwelling unit made under a plan which is developed by a Residential Energy Services Network, Building Performance Institute, or equivalent energy efficiency expert and is certified by such expert as resulting in at least a 20% reduction in total household energy consumption related to heating, cooling, lighting, and appliances. Imposes dollar limitations on such grants and loans and excludes certain types of property from such grant and loan program, including equipment used in connection with a swimming pool or hot tub, any television, any device for converting a digital signal to analog, any DVD player, video cassette recorder, audio equipment, cordless phone, or other property where there is a substantial recreational use.

To amend the Internal Revenue Code of 1986 to provide for home energy conservation bonds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Answer Africa's Call Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) African poverty and stagnation are the greatest tragedy of our time and demand a forceful response by the United States. (2) The world, especially the United States, is awash with wealth on a scale that has never been seen in human history. (3) We live in a world where new medicines and medical techniques have eradicated many of the diseases and ailments that plagued the rich world. (4) In Africa, some 4,000,000 children under the age of five die each year, two-thirds of them from illnesses that cost very little to treat; malaria is the biggest single killer of African children, and half of those deaths could be avoided if the parents of these children had access to diagnosis and drugs that cost little more than $1 per dose. (5) We live in a world where scientists can map the human genome and have the technology to clone a human being. (6) In Africa, we allow more than 250,000 women die each year from complications in pregnancy or childbirth. (7) We live in a world where the Internet in the blink of an eye can transfer more information than any human brain could hold. (8) In Africa each day, some 40,000,000 children are not able to go to school. (9) We live in a world which, faced by one of the most devastating diseases ever seen, AIDS, has developed the antiretroviral drugs to control its advance. (10) In Africa, where 25,000,000 people are infected with AIDS, antiretroviral drugs are not made generally available; as a result, 2,000,000 people will die of AIDS in 2005. (11) We live in a world where rich nations spend as much as the entire income of all the people in Africa subsidizing the unnecessary production of unwanted food, in an amount of almost $1,000,000,000 each day. (12) In Africa, hunger is a key factor in more deaths than those caused by all of the continent's infectious diseases combined. (13) We live in a world where every cow in Europe receives almost $2 each day in government subsidies. (14) In Africa the average daily income is approximately $1. (15) The contrast between the lives led by those who live in rich countries and those of poor people in Africa is the greatest scandal of our age. (16) One in six children in Africa dies before reaching the age of 5. (17) Two-thirds of all the African children who die under the age of 5 could be saved by low-cost treatments such as vitamin A, and a tenth of all the diseases suffered by African children are caused by intestinal worms that infect 200,000,000 people and could be treated for just 25 cents per child. (18) More than 300,000,000 Africans--42 percent of Africa's population--still do not have access to safe water, and 60 percent do not have access to basic sanitation. (19) 62 percent of all people aged 15-24 years who live with HIV are found in Africa. (20) Africa had 43,000,000 orphans in 2003, of which AIDS was responsible for 12,000,000. (21) In Zambia, 71 percent of child prostitutes are orphans. SEC. 3. STATEMENT OF POLICY. The Congress supports implementing the recommendations of the Commission for Africa, which call for rich nations to increase foreign assistance to Africa, provide debt relief, eliminate trade distorting agricultural subsidies, and remove insidious trade barriers that impede economic opportunity in sub-Saharan Africa. SEC. 4. IMPOSITION OF INDIVIDUAL INCOME TAX SURCHARGE TO FUND INTERNATIONAL FINANCE FACILITY. (a) Imposition of Tax.--Section 1 of the Internal Revenue Code of 1986 (relating to imposition of tax on individuals) is amended by adding at the end the following new subsection: ``(j) Additional Income Tax.-- ``(1) In general.--If the adjusted gross income of an individual exceeds the threshold amount, the tax imposed by this section (determined without regard to this subsection) shall be increased by an amount equal to 0.8 percent of so much of the adjusted gross income as exceeds the threshold amount. ``(2) Threshold amounts.--For purposes of this subsection, the term `threshold amount' means-- ``(A) $1,000,000 in the case of a joint return, and ``(B) $500,000 in the case of any other return. ``(3) Tax not to apply to estates and trusts.--This subsection shall not apply to an estate or trust. ``(4) Termination.--This subsection shall not apply to taxable years beginning after December 31, 2010.''. (b) Establishment of United States International Finance Facility Trust Fund.-- (1) In general.--Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following: ``SEC. 9511. UNITED STATES INTERNATIONAL FINANCE FACILITY TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `United States International Finance Facility Trust Fund' (referred to in this section as the `Trust Fund'), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There is hereby appropriated to the Trust Fund an amount equivalent to the increase in revenues received in the Treasury as the result of the surtax imposed under section 1(j). ``(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust Fund shall be available without further appropriation to make expenditures in connection with United States commitments to the International Finance Facility.''. (2) Conforming amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following: ``Sec. 9511. United States International Finance Facility Trust Fund.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. (d) Section 15 not to Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 5. MODIFICATIONS TO PREFERENTIAL TRADE TREATMENT FOR PRODUCTS OF SUB-SAHARAN AFRICAN COUNTRIES. (a) Removal of Agriculture Tariff-Rate Quota Limitation; Agricultural Safeguard.--Section 503(b) of the Trade Act of 1974 (19 U.S.C. 2463(b)) is amended by striking paragraph (3) and inserting the following: ``(3) Agricultural products.-- ``(A) In general.--No quantity of an agricultural product subject to a tariff-rate quota that exceeds the in-quota amount shall be eligible for duty-free treatment under this title, except as provided in subparagraph (B). ``(B) Imports from countries designated under section 506a.--Subparagraph (A) shall not apply to over-quota imports of agricultural products subject to a tariff-rate quota that are the growth, product, or manufacture of a country designated as a beneficiary sub-Saharan African country under section 506A(a)(1). ``(4) Safeguard for agricultural products.-- ``(A) In general.--The President shall assess a duty, in the amount prescribed under subparagraph (B), on over-quota imports of any agricultural product described in paragraph (3)(B) for which preferential treatment is claimed, if the President determines that the unit import price of the product when it enters the United States, determined on an F.O.B. basis, is less than the annual trigger price determined in accordance with subparagraph (D). ``(B) Calculation of additional duties.--The amount of the additional duty assessed under this subsection shall be determined as follows: ``(i) If the difference between the unit import price and the trigger price is less than, or equal to, 10 percent of the trigger price, no additional duty shall be imposed. ``(ii) If the difference between the unit import price and the trigger price is greater than 10 percent, but less than or equal to 40 percent, of the trigger price, the additional duty shall be equal to 30 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed. ``(iii) If the difference between the unit import price and the trigger price is greater than 40 percent, but less than or equal to 60 percent, of the trigger price, the additional duty shall be equal to 50 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed. ``(iv) If the difference between the unit import price and the trigger price is greater than 60 percent, but less than or equal to 75 percent, of the trigger price, the additional duty shall be equal to 70 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed. ``(v) If the difference between the unit import price and the trigger price is greater than 75 percent of the trigger price, the additional duty shall be equal to 100 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed. ``(C) Exceptions.--No additional duty under this paragraph shall be assessed on an agricultural product if, at the time of entry into the customs territory of the United States, the product is subject to import relief under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). ``(D) Calculation of trigger price.--(i) Not later than 60 days after the date of the enactment of the Answer Africa's Call Act, and annually thereafter, the President shall, in consultation with the Secretary of Agriculture, establish the annual trigger price for each over-quota agricultural product described in paragraph (3)(B), and shall publish such prices in the Federal Register. The President shall establish the trigger price for a product at a level not below the 3- year average import price for that product. ``(ii) Not later than 30 days before publishing the trigger prices in the Federal Register under clause (i), the President shall notify and consult with the Committees on Ways and Means and Agriculture of the House of Representatives and the Committees on Finance and Agriculture of the Senate on the proposed trigger prices. ``(E) Notice to country concerned.--Not later than 60 days after the President first assesses additional duties under this paragraph on over-quota imports of agricultural products described in paragraph (3)(B), the President shall notify the beneficiary sub-Saharan African country where the product was grown, manufactured, or produced, in writing of such action and shall provide to the country data supporting the assessment of the additional duties. ``(F) Definitions.--In this paragraph: ``(i) F.O.B.--The term `F.O.B.' means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer. ``(ii) HTS.--The term `HTS' means the Harmonized Tariff Schedule of the United States. ``(iii) Unit import price.--The term `unit import price' means the price expressed in dollars per kilogram.''. (b) Short Supply Provisions.--Section 112(b)(5) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(5)) is amended-- (1) by amending subparagraph (A) to read as follows: ``(A) In general.--Articles that are both cut (or knit-to-shape) and sewn or otherwise assembled in one or more beneficiary sub-Saharan African countries-- ``(i) from fabric or yarn which need not be originating under General Note 12(t) of the Harmonized Tariff Schedule of the United States for the apparel article to qualify as originating under that Note; or ``(ii) from fabric or yarn which-- ``(I) is the component that determines the classification of the articles under the Harmonized Tariff Schedule of the United States; ``(II) is not commercially available; and ``(III) which the President proclaims as eligible for use under this paragraph without regard to where the fabric or yarn is formed pursuant to the procedures set forth in subparagraph (B).''; and (2) in subparagraph (B), in the matter preceding clause (i), by striking ``not described in subparagraph (A)'' and inserting ``and thus eligible for use in the production of cut components or knit-to-shape components described in subparagraph (A)(ii)''. (c) User Developed Beneficiary Sub-Saharan African Countries.-- Section 112(b)(3)(B) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(3)(B)) is amended-- (1) in clause (ii)-- (A) in subclause (II), by inserting ``and'' after the semicolon; and (B) by striking subclauses (III) and (IV) and inserting the following: ``(III) 2.9285 percent for the 1- year period beginning October 2, 2005, and for each 1-year period thereafter through September 30, 2015.''; (2) in clause (iii)-- (A) in subclause (II), by striking ``and''; (B) in subclause (III), by striking the period and inserting ``; and''; and (C) by adding after subclause (III) the following: ``(IV) Mauritius, except that the applicable percentage with respect to Mauritius shall be 5 percent of the applicable percentage described in clause (ii)(III).''; and (3) by striking clause (iv).

Answer Africa's Call Act - Amends the Internal Revenue Code to impose an additional income tax (surcharge) on adjusted gross incomes exceeding certain threshold levels (in order to fund the U.S. International Finance Facility). Establishes the United States International Finance Facility Trust Fund in the Treasury consisting of such amounts appropriated or credited to the Trust Fund, including amounts collected from the surcharge). Makes such Fund amounts available without further appropriation for expenditures in connection with U.S. commitments to the International Finance Facility. Amends the Trade Act of 1974 to modify the preferential trade treatment for agricultural products of beneficiary sub-Saharan African countries. Removes the limitation on eligibility for duty-free treatment of an agriculture product subject to a tariff-rate quota exceeding the in-quota amount, if the over-quota import is the growth, product, or manufacture of a beneficiary sub-Saharan African country. Requires the President to: (1) assess a duty on such an over-quota product if its unit import price is less than the annual trigger price; (2) establish an annual trigger price for each such product; and (3) notify the beneficiary sub-Saharan African country concerned of such additional duty. Amends the African Growth and Opportunity Act (AGOA) to revise criteria for preferential treatment of apparel articles wholly assembled from fabric or yarn not available in commercial quantities in the United States to make certain yarn or fabrics eligible for use in the production of specified cut or knit-to-shape apparel articles. Modifies AGOA special rules for lesser developed countries with respect to preferential treatment for apparel articles wholly assembled, or knit to shape and wholly assembled, or both, in one or more lesser developed beneficiary sub-Saharan African countries regardless of the country of origin of the fabric or yarn used. Extends through FY 2015 the applicable percentage component of the preferential treatment formula established for FY 2005. Includes Mauritius in such extension, with no change in its current limitation of 5% of such applicable percentage.

To implement measures to help alleviate the poor living conditions in Africa.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Security Whistleblower Protection Act of 2016''. SEC. 2. SUSPENSION OR REVOCATION OF ACCESS TO CLASSIFIED INFORMATION. (a) In General.--Section 2302(a)(2)(A) of title 5, United States Code, is amended-- (1) in clause (xi), by striking ``and'' at the end; (2) by redesignating clause (xii) as clause (xiii); and (3) by inserting after clause (xi) the following: ``(xii) the suspension or revocation of access to classified information; and''. (b) Application to FBI.--Section 2303(a) of title 5, United States Code, is amended in the matter following paragraph (2), by inserting ``or clause (xii)'' after ``clauses (i) through (x)''. (c) Report by Inspector General of the Department of Defense.-- (1) Definitions.--In this subsection-- (A) the term ``employee'' includes an employee of a contractor of the Department of Defense; (B) the term ``Inspector General'' means the Inspector General of the Department of Defense; and (C) the term ``whistleblowing'' means-- (i) making a disclosure described in section 2302(b)(8) of title 5, United States Code; or (ii) taking an action described in subparagraph (A)(i), (B), (C), or (D) of section 2302(b)(9) of title 5, United States Code. (2) Report.-- (A) Initial report.--Not later than 1 year after the date of enactment of this Act, the Inspector General shall submit to Congress a report that provides the information described in subparagraph (C) for the 5-year period ending on the date of enactment of this Act. (B) Inclusion in semiannual report.--In each semiannual report submitted to Congress by the Inspector General under section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.) after the date on which the report under subparagraph (A) is submitted, the Inspector General shall include the information described in subparagraph (C) for the period covered by the report. (C) Information.-- (i) In general.--The information described in this subparagraph is, for each category of employee described in clause (ii)-- (I) the number of allegations received by the Inspector General (which shall include separately the number of contacts to the hotline of the Inspector General) in which an employee asserts that the access to classified information of the employee was suspended or revoked in retaliation for whistleblowing; (II) the number of allegations described in subclause (I) that were closed by the Inspector General before a full investigation was conducted; (III) the number of allegations described in subclause (I) for which a full investigation was conducted by the Inspector General; (IV) the number of allegations described in subclause (I) in which the Inspector General determined that the access to classified information of the employee was suspended or revoked in retaliation for whistleblowing; (V) the number of investigations of allegations described in subclause (I) that were conducted by a component of the Department of Defense other than the Office of the Inspector General and a description of the oversight of the investigation by the Inspector General; (VI) the number of investigations of allegations described in subclause (I) that, upon appeal, were returned by the Inspector General of the Intelligence Community as defective; (VII) a description of the remedial measures taken relating to allegations described in subclause (I); and (VIII) a description of the disciplinary actions taken against individuals who suspended or revoked the access to classified information of an employee in retaliation for whistleblowing. (ii) Categories of employees.--The categories of employees described in this clause are the following: (I) Employees of the Department of Defense in the civil service, as defined in section 2101(1) of title 5, United States Code. (II) Employees of nonappropriated fund instrumentalities of the Department. (III) Members of the regular components of the Armed Forces. (IV) Members of the Army National Guard of the United States and Air National Guard of the United States on active duty. (V) Employees of contractors of the Department. (VI) Any other category of employees not included under clauses (I) through (V), which shall be described by the Inspector General in the applicable report.

National Security Whistleblower Protection Act of 2016 This bill extends personnel protections to whistleblowers by classifying the suspension or revocation of access to classified information as a personnel action. This classification also applies to employees of the Federal Bureau of Investigation. The Inspector General of the Department of Defense shall report to Congress on allegations of retaliation against whistleblowers whose access to classified information was suspended or revoked.

National Security Whistleblower Protection Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom Consolidation Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note), Congress declared that ``full and active participants in the Partnership for Peace in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area should be invited to become full NATO members in accordance with Article 10 of such Treaty at an early date...''. (2) In the NATO Enlargement Facilitation Act of 1996 (title VI of section 101(c) of title I of division A of Public Law 104-208; 22 U.S.C. 1928 note), Congress called for the prompt admission of Poland, Hungary, the Czech Republic, and Slovenia to NATO, and declared that ``in order to promote economic stability and security in Slovakia, Estonia, Latvia, Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine...the process of enlarging NATO to include emerging democracies in Central and Eastern Europe should not be limited to consideration of admitting Poland, Hungary, the Czech Republic, and Slovenia as full members of the NATO Alliance''. (3) In the European Security Act of 1998 (title XXVII of division G of Public Law 105-277; 22 U.S.C. 1928 note), Congress declared that ``Poland, Hungary, and the Czech Republic should not be the last emerging democracies in Central and Eastern Europe invited to join NATO'' and that ``Romania, Estonia, Latvia, Lithuania, and Bulgaria...would make an outstanding contribution to furthering the goals of NATO and enhancing stability, freedom, and peace in Europe should they become NATO members [and] upon complete satisfaction of all relevant criteria should be invited to become full NATO members at the earliest possible date''. (4) At the Madrid Summit of the NATO Alliance in July 1997, Poland, Hungary, and the Czech Republic were invited to join the Alliance in the first round of NATO enlargement, and the NATO heads of state and government issued a declaration stating ``[t]he Alliance expects to extend further invitations in coming years to nations willing and able to assume the responsibilities and obligations of membership...[n]o European democratic country whose admission would fulfill the objectives of the [North Atlantic] Treaty will be excluded from consideration''. (5) At the Washington Summit of the NATO Alliance in April 1999, the NATO heads of state and government issued a communique declaring ``[w]e pledge that NATO will continue to welcome new members in a position to further the principles of the [North Atlantic] Treaty and contribute to peace and security in the Euro-Atlantic area...[t]he three new members will not be the last...[n]o European democratic country whose admission would fulfill the objectives of the Treaty will be excluded from consideration, regardless of its geographic location...''. (6) In late 2002, NATO will hold a summit in Prague, the Czech Republic, at which it will decide which additional emerging democracies in Central and Eastern Europe to invite to join the Alliance in the next round of NATO enlargement. (7) In May 2000 in Vilnius, Lithuania, the foreign ministers of Albania, Bulgaria, Estonia, Latvia, Lithuania, the Former Yugoslav Republic of Macedonia, Romania, Slovakia, and Slovenia issued a statement (later joined by Croatia) declaring that their countries will cooperate in jointly seeking NATO membership in the next round of NATO enlargement, that the realization of NATO membership by one or more of these countries would be a success for all, and that eventual NATO membership for all of these countries would be a success for Europe and NATO. (8) On June 15, 2001, in a speech in Warsaw, Poland, President George W. Bush stated ``[a]ll of Europe's new democracies, from the Baltic to the Black Sea and all that lie between, should have the same chance for security and freedom--and the same chance to join the institutions of Europe--as Europe's old democracies have...I believe in NATO membership for all of Europe's democracies that seek it and are ready to share the responsibilities that NATO brings...[a]s we plan to enlarge NATO, no nation should be used as a pawn in the agenda of others...[w]e will not trade away the fate of free European peoples...[n]o more Munichs...[n]o more Yaltas...[a]s we plan the Prague Summit, we should not calculate how little we can get away with, but how much we can do to advance the cause of freedom''. (9) On October 22, 1996, in a speech in Detroit, Michigan, former President William J. Clinton stated ``NATO's doors will not close behind its first new members...NATO should remain open to all of Europe's emerging democracies who are ready to shoulder the responsibilities of membership...[n]o nation will be automatically excluded...[n]o country outside NATO will have a veto...[a] gray zone of insecurity must not reemerge in Europe''. SEC. 3. DECLARATIONS OF POLICY. Congress-- (1) reaffirms its previous expressions of support for continued enlargement of the NATO Alliance contained in the NATO Participation Act of 1994, the NATO Enlargement Facilitation Act of 1996, and the European Security Act of 1998; (2) supports the commitment to further enlargement of the NATO Alliance expressed by the Alliance in its Madrid Declaration of 1997 and its Washington Summit Communique of 1999; and (3) endorses the vision of further enlargement of the NATO Alliance articulated by President George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996, and urges our NATO allies to work with the United States to realize this vision at the Prague Summit in 2002. SEC. 4. DESIGNATION OF SLOVAKIA TO RECEIVE ASSISTANCE UNDER THE NATO PARTICIPATION ACT OF 1994. (a) In General.--Slovakia is designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994 (title II of Public Law 103-447; 22 U.S.C. 1928 note) and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (b) Rule of Construction.--The designation of Slovakia pursuant to subsection (a) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994-- (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to section 606 of the NATO Enlargement Facilitation Act of 1996 (title VI of section 101(c) of title I of division A of Public Law 104-208; 22 U.S.C. 1928 note) and the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to section 2703(b) of the European Security Act of 1998 (title VII of division G of Public Law 105-277; 22 U.S.C. 1928 note) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994; and (2) shall not preclude the designation by the President of other emerging democracies in Central and Eastern Europe pursuant to section 203(d)(2) of the NATO Participation Act of 1994 as eligible to receive assistance under the program established under section 203(a) of such Act. SEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED UNDER THE NATO PARTICIPATION ACT OF 1994. (a) Authorization of Foreign Military Financing.--Of the amounts made available for fiscal year 2002 under section 23 of the Arms Export Control Act (22 U.S.C. 2763)-- (1) $6,500,000 is authorized to be available on a grant basis for Estonia; (2) $7,000,000 is authorized to be available on a grant basis for Latvia; (3) $7,500,000 is authorized to be available on a grant basis for Lithuania; (4) $8,500,000 is authorized to be available on a grant basis for Slovakia; (5) $4,500,000 is authorized to be available on a grant basis for Slovenia; (6) $10,000,000 is authorized to be available on a grant basis for Bulgaria; and (7) $11,500,000 is authorized to be available on a grant basis for Romania. (b) Conforming Amendment.--Subsection (a) of section 515 of the Security Assistance Act of 2000 (Public Law 106-280) is amended by striking paragraphs (1), (5), (6), (7), and (8) and redesignating paragraphs (2), (3), (4), and (9) as paragraphs (1) through (4), respectively.

Freedom Consolidation Act of 2001 - Reaffirms support for continued enlargement of the North Atlantic Treaty Organization (NATO) Alliance.Designates Slovakia for participation in the Partnership for Peace and eligible to receive certain security assistance under the NATO Participation Act of 1994.Authorizes specified amounts of security assistance for FY 2002 for Estonia, Latvia, Lithuania, Slovakia, Slovenia, Bulgaria, and Romania.

A bill to endorse the vision of further enlargement of the NATO Alliance articulated by President George W. Bush on June 15, 2001, and by former President William J. Clinton on October 22, 1996, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cape Fox Land Entitlement Adjustment Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Cape Fox Corporation (Cape Fox) is an Alaska Native Village Corporation organized pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for the Native Village of Saxman. (2) As with other village corporations organized pursuant to the Alaska Native Claims Settlement Act in southeast Alaska, Cape Fox was limited to selecting 23,040 acres under section 16 of the Alaska Native Claims Settlement Act. (3) Except for Cape Fox, all other village corporations organized pursuant to the Alaska Native Claims Settlement Act in southeast Alaska were restricted from selecting land within two miles of a home rule city. (4) To protect the watersheds in the vicinity of Ketchikan, Cape Fox was restricted from selecting land within six miles of the boundary of the home rule City of Ketchikan under section 22(l) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(l)). (5) The six mile restriction damaged Cape Fox by precluding the corporation from selecting valuable timber land, industrial sites, and other commercial property, not only in its core township but in surrounding land far removed from Ketchikan and its watershed. (6) As a result of the six mile restriction, only the remote mountainous northeast corner of Cape Fox's core township, which is nonproductive and of no known economic value, was available for selection by the corporation. Selection of this parcel was, however, mandated by section 16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)). (7) Cape Fox's land selections were further limited by the fact that the Annette Island Indian Reservation is within its selection area, and those lands were unavailable for selection under the Alaska Native Claims Settlement Act. Cape Fox is the only village corporation organized pursuant to the Alaska Native Claims Settlement Act affected by this restriction. (8) Adjustment of Cape Fox's selections and conveyances of land under the Alaska Native Claims Settlement Act requires adjustment of Sealaska Corporation's (Sealaska) selections and conveyances to avoid creation of additional split estate between National Forest System surface land and Sealaska subsurface land. (9) There is an additional need to resolve existing areas of Sealaska/Tongass split estate, in which Sealaska holds title or conveyance rights to several thousand acres of subsurface land that encumber management of Tongass National Forest surface land. (10) The Tongass National Forest land identified in this Act for selection by and conveyance to Cape Fox and Sealaska, subject to valid existing rights, provides a means to resolve some of the Cape Fox and Sealaska Alaska Native Claims Settlement Act land entitlement issues without significantly affecting Tongass National Forest resources, uses, or values. (11) Adjustment of Cape Fox's selections and conveyances of land under the Alaska Native Claims Settlement Act through the provisions of this Act, and the related adjustment of Sealaska's selections and conveyances hereunder, are in accordance with the purposes of the Alaska Native Claims Settlement Act and otherwise in the public interest. SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND. Notwithstanding section 16(b) of the Alaska Native Claims Settlement Act (43 U.S. C. 1615(b)), Cape Fox shall not be required to select or receive conveyance of the approximately 160 acres of Federal unconveyed land within section 1, T. 75 S., R. 91 E., C.R.M. SEC. 4. SELECTION AND CONVEYANCE OUTSIDE EXTERIOR SELECTION BOUNDARY. (a) Selection of Surface Estate.-- (1) In general.--In addition to land made available for selection under the Alaska Native Claims Settlement Act, not later than 2 years after the date of the enactment of this Act, Cape Fox may select the approximately 99 acres of the surface estate of Tongass National Forest land outside Cape Fox's current exterior selection boundary described in paragraph (2). (2) Land description.--The land referred to in paragraph (a) is described as follows: T. 73 S., R. 90 E., C.R.M. Section 33: SW portion of SE 1/4: 38 acres. Section 33: NW portion of SE 1/4: 13 acres. Section 33: SE 1/4 of SE 1/4: 40 acres. Section 33: SE 1/4 of SW 1/4: 8 acres. (b) Conveyance of Subsurface Estate.--Upon conveyance to Cape Fox of the surface estate to the land described in subsection (a)(2), the Secretary of the Interior shall convey to Sealaska the subsurface estate to that land. (c) Timing.--The Secretary of the Interior shall complete the conveyances to Cape Fox and Sealaska under this section not later than 180 days after the Secretary of the Interior receives written notice of the Cape Fox selection under subsection (a). SEC. 5. EXCHANGE OF LAND BETWEEN CAPE FOX AND THE TONGASS NATIONAL FOREST. (a) In General.--The Secretary of Agriculture shall offer, and if accepted by Cape Fox shall exchange, the Federal land described in subsection (b) for land and interests therein identified by Cape Fox under subsection (c) and, to the extent necessary, land and interests therein identified under subsection (d). (b) Land To Be Exchanged to Cape Fox.--The land to be offered to Cape Fox is Tongass National Forest land comprising approximately 2,663.9 acres in T. 36 S., R. 62 E., C.R.M. and T. 35 S., R. 62 E., C.R.M., as designated upon a map entitled ``Proposed Kensington Project Land Exchange'', dated March 18, 2002, and available for inspection in the Forest Service Region 10 regional office in Juneau, Alaska. (c) Land To Be Exchanged to the United States.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, Cape Fox may identify, in writing to the Secretary of Agriculture and the Secretary of the Interior, the land and interests in land that Cape Fox proposes to exchange for the Federal land described in subsection (b). The land and interests in land shall be identified from land previously conveyed to Cape Fox comprising approximately 2,900 acres and designated as parcels A-1 to A-3, B-1 to B-3, and C upon a map entitled ``Cape Fox Corporation ANCSA Land Exchange Proposal,'' dated March 15, 2002, and available for inspection in the Forest Service Region 10 regional office in Juneau, Alaska. (2) Conditions for parcels.--Land identified for exchange within each parcel shall abut National Forest System land and be in reasonably compact tracts. (3) Easement.--The land identified for exchange shall includes a public trail easement designated as ``D'' on the map described in paragraph (1), unless the Secretary of Agriculture agrees otherwise. The value of the easement shall be included in determining the total value of land conveyed to the United States. (d) Valuation of Exchange land.--The Secretary of Agriculture shall determine whether the land identified by Cape Fox under subsection (c) is equal in value to the land described in subsection (b). If the land identified under subsection (c) is determined to have insufficient value to equal the value of the land described in subsection (b), Cape Fox and the Secretary shall mutually identify additional Cape Fox land for exchange sufficient to equalize the value of land conveyed to Cape Fox. Such land shall be contiguous to adjacent National Forest System land and in reasonably compact tracts. (e) Conditions.--Notwithstanding section 14(f) of the Alaska Native Claims Settlement Act, the offer and conveyance of Federal land to Cape Fox in the exchange shall be of the surface and subsurface estate. Such offer and conveyance shall be subject to valid existing rights and all provisions of section 14(g) of such Act. (f) Timing.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall attempt to enter into an agreement with Cape Fox to consummate the exchange consistent with this Act. The land identified in the exchange agreement shall be exchanged by conveyance at the earliest possible date after the exchange agreement is signed. Subject only to conveyance from Cape Fox to the United States of all its right, title, and interest in the Cape Fox land included in the exchange consistent with this Act, the Secretary of the Interior shall complete the interim conveyance to Cape Fox of the Federal land included in the exchange not later than 180 days after the execution of the exchange agreement by Cape Fox and the Secretary of Agriculture. SEC. 6. EXCHANGE OF LAND BETWEEN SEALASKA AND THE TONGASS NATIONAL FOREST. (a) In General.--Upon conveyance of the Cape Fox land included in the exchange under section 5 and conveyance and relinquishment by Sealaska, in accordance with this Act, of the land and interests in land described in subsection (c), the Secretary of the Interior shall convey to Sealaska the Federal land identified for exchange under subsection (b). (b) Land To Be Exchanged to Sealaska.-- (1) Selection area.--The land to be exchanged to Sealaska is to be selected by Sealaska from Tongass National Forest land comprising approximately 9,329 acres in T. 36 S., R. 62 E., C.R.M., T. 35 S., R. 62 E., C.R.M., and T. 34 S., Range 62 E., C.R.M., as designated upon a map entitled ``Proposed Sealaska Corporation Land Exchange Kensington Lands Selection Area'', dated April, 2002 and available for inspection in the Forest Service Region 10 Regional Office in Juneau, Alaska. (2) Notice of land selection.--Not later than 60 days after receiving notice of the identification by Cape Fox of the exchange land under section 5(c), Sealaska may identify, in writing to the Secretaries of Agriculture and the Interior, the land that Sealaska selects to receive in exchange for the Sealaska land described in subsection (c). (3) Conditions.--Land selected by Sealaska shall be in no more than 2 contiguous and reasonably compact tracts that abut the land described for exchange to Cape Fox in section 5(b). The exchange conveyance to Sealaska shall be of the surface and subsurface estate in the land selected and agreed to by the Secretary but subject to valid existing rights and all other provisions of section 14(g) of the Alaska Native Claims Settlement Act. (4) Equal value.--The Secretary of Agriculture shall determine whether the selected land is equal in value to the land described in subsection (c) and may adjust the amount of selected land in order to reach agreement with Sealaska regarding equal value. (c) Land To Be Exchanged to the United States.--The land and interests therein to be exchanged by Sealaska is-- (1) the subsurface estate underlying the Cape Fox exchange land described in section 5(c); (2) an additional approximately 2,506 acres of the subsurface estate underlying Tongass National Forest surface estate, described in Interim Conveyance No. 1673; and (3) rights to an additional approximately 2,698 acres of subsurface estate of Tongass National Forest land remaining to be conveyed to Sealaska from Group 1, 2, and 3 land as set forth in the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement of November 26, 1991, at Schedule B, as modified on January 20, 1995. (d) Timing.--The Secretary of Agriculture shall attempt, not later than 90 days after receipt of the selection of land by Sealaska under subsection (b), to enter into an agreement with Sealaska to consummate the exchange consistent with this Act. The land identified in the exchange agreement shall be exchanged by conveyance at the earliest possible date after the exchange agreement is executed. Subject only to the Cape Fox and Sealaska conveyances and relinquishments described in subsection (a), the Secretary of the Interior shall complete the interim conveyance to Sealaska of the Federal land selected for exchange not later than 180 days after execution of the agreement by Sealaska and the Secretary of Agriculture. (e) Modification of Agreement.--The executed exchange agreement under this section shall be considered a further modification of the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement, as ratified in section 17 of Public Law 102-415 (October 14, 1992). SEC. 7. MISCELLANEOUS PROVISIONS. (a) Equal Value Requirement.--The exchanges described in this Act shall be of equal value. Cape Fox and Sealaska shall have the opportunity to present to the Secretary of Agriculture estimates of value of exchange land with supporting information. (b) Title.--Cape Fox and Sealaska shall convey and provide evidence of title satisfactory to the Secretary of Agriculture for their respective lands to be conveyed to the United States under this Act, subject only to exceptions, reservations, and encumbrances in the interim conveyance or patent from the United States or otherwise acceptable to the Secretary of Agriculture. (c) Hazardous Substances.--Cape Fox, Sealaska, and the United States each shall not be subject to liability for the presence of any hazardous substance in land or interests in land solely as a result of any conveyance or transfer of the land or interests therein under this Act. (d) Effect on ANCSA Selections.--Any conveyance of Federal surface or subsurface land to Cape Fox or Sealaska under this Act shall be considered, for all purposes, land conveyed pursuant to the Alaska Native Claims Settlement Act. Nothing in this Act shall be construed to change the total acreage of land entitlement of Cape Fox or Sealaska under the Alaska Native Claims Settlement Act. Cape Fox and Sealaska shall remain charged for any land they exchange under this Act and any land conveyed pursuant to section 4, but shall not be charged for any land received under sections 5 or 6. The exchanges described in this Act shall be considered, for all purposes, actions which lead to the issuance of conveyances to Native Corporations pursuant to the Alaska Native Claims Settlement Act. Land or interests therein transferred to the United States under this Act shall become and be administered as part of the Tongass National Forest. (e) Effect on Statehood Selections.--Land conveyed to or selected by the State of Alaska under the Alaska Statehood Act (Public Law 85- 508; 72 Stat. 339; 48 U.S.C. note prec. 21) shall not be eligible for selection or conveyance under this Act without the consent of the State of Alaska. (f) Maps.--The maps referred to in this Act shall be maintained on file in the Forest Service Region 10 Regional Office in Juneau, Alaska. The acreages cited in this Act are approximate, and if there is any discrepancy between cited acreage and the land depicted on the specified maps, the maps shall control. The maps do not constitute an attempt by the United States to convey State or private land. (g) Easements.--Notwithstanding section 17(b) of the Alaska Native Claims Settlement Act, Federal land conveyed to Cape Fox or Sealaska pursuant to this Act shall be subject only to the reservation of public easements mutually agreed to and set forth in the exchange agreements executed under this Act. The easements shall include easements necessary for access across the land conveyed under this Act for use of national forest or other public land. (h) Old Growth Reserves.--The Secretary of Agriculture shall add an equal number of acres to old growth reserves on the Tongass National Forest as are transferred out of Federal ownership as a result of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATION. (a) Department of Agriculture.--There are authorized to be appropriated to the Secretary of Agriculture such sums as may be necessary for-- (1) value estimation and related costs of exchanging land specified in this Act; and (2) road rehabilitation and habitat and timber stand improvement (including thinning and pruning) on land acquired by the United States under this Act. (b) Department of the Interior.--There are authorized to be appropriated to the Secretary of the Interior such sums as may be necessary for land surveys and conveyances pursuant to this Act.

Cape Fox Land Entitlement Adjustment Act - Provides that Cape Fox Corporation shall not be required under the Alaska Native Claims Settlement Act (ANCSA) to select or receive conveyance of 160 nonproductive acres. Permits Cape Fox to select and the Secretary of the Interior to convey 99 acres of the surface estate of Tongass National Forest lands outside Cape Fox's current exterior selection boundary. Directs the Secretary to convey the subsurface estate to those lands to Sealaska Corporation.Directs the Secretary of Agriculture to offer and, if accepted by Cape Fox, to exchange specified Tongass National Forest lands for lands and interests identified by Cape Fox from specified lands previously conveyed to it. States that the Cape Fox land conveyed to the Federal Government shall include a public trail easement unless the Secretary of Agriculture agrees otherwise.Requires the Secretary of the Interior, upon conveyance by Cape Fox of such lands and conveyance and relinquishment by Sealaska of the subsurface estate underlying those lands and other specified Tongass National Forest lands, to convey to Sealaska Tongass National Forest lands selected by Sealaska from a specified area. Requires: (1) such exchange to be considered a modification of the Sealaska Corporation/United States Forest Service Split Estate Exchange Agreement; and (2) conveyances under this Act by the Federal Government to be considered to be conveyances pursuant to ANCSA.Subjects Federal lands conveyed to Cape Fox and Sealaska under this Act to reservations of public easements only as mutually agreed to in the relevant exchange agreements, with such easements to be for access across the lands conveyed for use of national forests or other public land.

To resolve certain conveyances and provide for alternative land selections under the Alaska Native Claims Settlement Act related to Cape Fox Corporation and Sealaska Corporation, and for other purposes.

SECTION 1. TEACHER RECRUITMENT. (a) Future Math and Science Teacher Recruitment.--Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1102 et seq.) is amended by adding at the end the following new part: ``PART L--FUTURE MATH AND SCIENCE TEACHER RECRUITMENT ``SEC. 10995A. SHORT TITLE; FINDINGS. ``(a) Short Title.--This part may be cited as the `Recruit and Reward Future Math and Science Teachers of America Act of 2000'. ``(b) Findings.--Congress finds the following: ``(1) United States high school students rate 16th and 19th, respectively, in science and math out of 21 countries. ``(2) Of United States high school students who take physical science and math courses, 56 percent and 27 percent, respectively, are taught by teachers who did not prepare in that field. ``(3) Teachers' knowledge and skills powerfully influence student learning. ``(4) More than 2,000,000 teachers will need to be hired over the next decade. ``(5) The ability of the United States to place highly qualified math and science teachers specializing in their field of instruction will depend on proactive policies that increase funding for teacher training, recruitment, and induction. ``SEC. 10995B. PURPOSE; APPROPRIATIONS AUTHORIZED. ``(a) Purpose.--It is the purpose of this part to make grants available, through a pilot program, to eligible institutions described in section 10995C, to enable such institutions to provide 500 scholarship awards to outstanding students enrolled in an accredited teacher training graduate program who are committed to pursuing careers teaching math and science at an urban or rural secondary level classroom. ``(b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part $5,000,000 in each of the fiscal years 2001, 2002, and 2003. ``SEC. 10995C. SCHOLARSHIP DESIGNATION AND SELECTION CRITERIA. ``(a) Scholarship Designation.--Funds made available under this part shall be designated as the `National Math and Science Teacher Scholarships'. ``(b) Selection Criteria.--The Secretary of Education may award funds for National Math and Science Teacher Scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. The Secretary may not provide any individual higher education institution more than $100,000 per academic year for the purpose of the National Math and Science Teacher Scholarships. An institution applying for such scholarships may only be eligible to receive funds if such institution is ranked by the Secretary in the top 25 percent of schools in the State in which the institution is located with the highest percentage of graduates passing the State teacher qualification assessment for new teachers. Notwithstanding the preceding sentence, if there are fewer than 4 such institutions in a State, only the institution with the highest percentage of such graduates shall be eligible to receive funding. ``(c) Priorities.--The Secretary shall give priority to eligible institutions that meet 1 or more of the following criteria: ``(1) Provide a year long internship program in a professional development school. ``(2) Provide mentoring programs for novice teachers in their first 3 years. ``(3) Demonstrate a history of placing graduates in rural and urban schools. ``(4) Demonstrate that there is a high retention rate of teachers that the institution places in teaching positions. ``SEC. 10995D. INDIVIDUAL SCHOLARSHIP ELIGIBILITY. ``An individual may be eligible for a National Math and Science Teacher Scholarship only if such individual-- ``(1) is a citizen or national of the United States or an alien lawfully admitted to the United States for permanent residence; ``(2) is majoring in a physical or life science or mathematics graduate teacher training program; ``(3) is enrolled in a higher education institution that-- ``(A) is ranked by the Secretary in the top 25 percent of schools in the State in which the institution is located with the highest percentage of graduates passing the State teacher qualification assessment for new teachers; or ``(B) if there are are fewer than 4 such institutions in a State, is the institution with the highest percentage of such graduates; and ``(4) is willing to teach math or science in a rural or urban public secondary school for no less than 3 full academic years. ``SEC. 10995E. SCHOLARSHIP AMOUNT. ``(a) Amount of Award.-- ``(1) In general.--The amount of a scholarship awarded by participating teacher training graduate programs under this part for any academic year shall be $10,000 per student, except that in no case shall the total amount of the scholarship exceed the total cost of attendance. ``(2) Insufficient funds.--In any fiscal year in which the amount appropriated to carry out this part is insufficient to award 500 scholarships, the Secretary shall reduce the number of awards to eligible institutions. ``(b) Assistance Not To Exceed Cost of Attendance.--No individual shall receive an award under this part in any academic year which exceeds the cost of attendance. A scholarship awarded under this part shall not be reduced on the basis of the student's receipt of other forms of Federal student financial assistance. ``SEC. 10995F. AGREEMENT; SCHOLARSHIP REPAYMENT PROVISIONS. ``(a) Agreement.--Recipients of the National Math and Science Teachers Scholarships shall agree to teach in an urban or rural public secondary school for no less than 3 full academic years. ``(b) Repayment for Failure To Fulfill Agreement.--Any recipients of a Scholarship found by the Secretary to be in noncompliance with the agreement entered into under subsection (a) of this section shall be required to repay a pro rata amount of the scholarship awards received, plus interest and, where applicable, reasonable collection fees, on a schedule and at a rate of interest prescribed by the Secretary by regulations. ``SEC. 10995G. EXCEPTIONS TO REPAYMENT PROVISIONS. ``An individual recipient of a Scholarship under this part shall not be considered in violation of the agreement entered into pursuant to section 10995F during any period in which the recipient-- ``(1) is pursuing a full-time course of study in math and science at an accredited institution; ``(2) is serving, not in excess of 3 years, as a member of the armed services of the United States; ``(3) is temporarily disabled for a period of time not to exceed 3 years as established by sworn affidavit of a qualified physician; ``(4) is seeking and unable to find full-time employment for a single period not to exceed 12 months; ``(5) is seeking and unable to find full-time employment as a math and science teacher in a public or private nonprofit elementary or secondary school or education program for a single period not to exceed 27 months; ``(6) satisfies the provision of additional repayment exceptions that may be prescribed by the Secretary in regulations issued pursuant to this section; or ``(7) is permanently totally disabled, as established by sworn affidavit of a qualified physician. ``SEC. 10995H. REPORT TO CONGRESS. ``Three years after the date on which funds are first made available to carry out this part, the Secretary of Education shall submit a report to Congress evaluating the success of the National Math and Science Teacher Scholarships pilot program in recruiting math and science teachers to teach in America's public secondary schools.''.

Makes available 500 scholarship grants and stipends to outstanding students enrolled in nationally accredited teacher training graduate programs who are committed to pursuing such careers in secondary school mathematics and science teaching. Authorizes appropriations. Designates funds under this Act as National Math and Science Teacher Scholarships. Authorizes the Secretary of Education to award funds for such scholarships on a competitive basis to qualifying higher education institutions with graduate programs in teacher training. Limits the amount of such funds in any academic year which may be awarded to any individual higher education institution. Makes an institution eligible for such funds only if it is ranked by the Secretary in the top 25 percent of schools in its State with the highest percentage of graduates passing the State teacher qualification assessment for new teachers. Directs the Secretary to give priority to eligible institutions that have one or more of these: (1) a year-long internship program in a professional development school; (2) mentoring programs for novice teachers in their first three years; (3) a history of placing graduates in rural and urban schools; and (4) a high retention rate of teachers that the institution places in teaching positions. Sets forth eligibility requirements for individual scholarships. Limits the scholarship amount per student to $10,000 per academic year. Requires scholarship recipients to agree to teach in an urban or rural public secondary school for at least three full academic years, or repay the pro rata amount of awards received, plus interest, for any failure to fulfill such obligation. Sets forth exceptions to such repayment requirements.

Recruit and Reward Future Math and Science Teachers of America Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wall Street Fair Share Act''. SEC. 2. TRANSACTION TAX. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Tax on Securities Transactions ``Sec. 4475. Tax on securities transactions. ``SEC. 4475. TAX ON SECURITIES TRANSACTIONS. ``(a) Imposition of Tax.--There is hereby imposed a tax on each covered transaction with respect to any security. ``(b) Rate of Tax.-- ``(1) Security.-- ``(A) In general.--Except as otherwise provided in this subsection, the rate of such tax shall be equal to 0.25 percent of the fair market value of the security. ``(B) Derivatives.--In the case of a security described in subsection (d)(1)(D), the rate of such tax shall be equal to 0.25 percent of the fair market value of the underlying property with respect to, or the notional principal amount of, the derivative financial instrument involved in such transaction. ``(C) Short-term debt instruments.--In the case of a covered transaction with respect to a security described in subsection (d)(1)(C) which has a fixed maturity date not more than 1 year from the date of issue, the rate of such tax shall be equal to 0.02 percent of the fair market value of such security. ``(2) Hedging transaction.--In the case of any covered transaction which is a hedging transaction (within the meaning of section 1221(a)(7)), subparagraphs (A) and (B) of paragraph (1) shall each be applied by substituting `0.02 percent' for `0.25 percent'. ``(c) Covered Transaction.--For purposes of this section, the term `covered transaction' means-- ``(1) except as provided in paragraph (2), any purchase if-- ``(A) such purchase occurs on a trading facility located in the United States, or ``(B) the purchaser or seller is a United States person, or ``(2) any transaction with respect to a security described in subsection (d)(1)(D), if any party with rights under such security is a United States person or if such transaction is facilitated by a United States person, including a trading facility located in the United States or a broker. ``(d) Security and Other Definitions.--For purposes of this section-- ``(1) In general.--The term `security' means-- ``(A) any share of stock in a corporation, ``(B) any partnership or beneficial ownership interest in a widely held or publicly traded partnership or trust, ``(C) any note, bond, debenture, or other evidence of indebtedness issued by a nongovernmental entity the beneficial ownership of which is traded on an established market, or ``(D) any evidence of an interest in, or a derivative financial instrument in-- ``(i) any security described in subparagraph (A), (B), or (C), ``(ii) any specified index, or ``(iii) any other note, bond, or debenture issued by a nongovernmental entity. ``(2) Derivative financial instrument.--The term `derivative financial instrument' means any option, forward contract, short position, notional principal contract, credit default swap, or any similar financial instrument. ``(3) Specified index.--The term `specified index' means any 1 or more of any combination of-- ``(A) a fixed rate, price, or amount, or ``(B) a variable rate, price, or amount, which is based on any current objectively determinable information which is not within the control of any of the parties to the contract or instrument and is not unique to any of the parties' circumstances. ``(e) Exceptions to Imposition of Tax.-- ``(1) Exception for initial issues.--No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (d)(1). ``(2) Exception for retirement accounts, etc.--No tax shall be imposed under subsection (a) on any covered transaction with respect to any security which is held in any plan, account, or arrangement described in section 220, 223, 401(a), 403(a), 403(b), 408, 408A, 529, or 530 (including assets held in a segregated asset account described in section 817 as part of any such plan, account, or arrangement). ``(3) Exception for certain mutual fund transactions.--No tax shall be imposed under subsection (a) on any covered transaction-- ``(A) with respect to the purchase of any interest in a regulated investment company (as defined in section 851) which issues only stock which is redeemable on the demand of the stock holder, ``(B) by a regulated investment company (as so defined) which is 100 percent owned by 1 or more plans, accounts, or arrangements described in paragraph (2), and ``(C) to the extent such tax is properly allocable to any class of shares of a regulated investment company (as so defined) which is 100 percent owned by 1 or more plans, accounts, or arrangements described in paragraph (2). ``(f) By Whom Paid.-- ``(1) In general.--The tax imposed by this section shall be paid by-- ``(A) in the case of a transaction which occurs on a trading facility located in the United States, such trading facility, ``(B) in the case of a transaction not described in subparagraph (A) which is executed by a broker, such broker, ``(C) in the case of a transaction not described in subparagraph (A) or (B), with respect to a security described in section (d)(1)(D), the party identified by the Secretary, or ``(D) in any other case, the purchaser with respect to the transaction. ``(2) Withholding if purchaser is not a united states person.--See section 1447 for withholding by seller if purchaser is a foreign person. ``(g) Administration.--The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. ``(h) Guidance; Regulations.--The Secretary shall-- ``(1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, and ``(2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions or the improper allocation of taxes to classes of shares described in subsection (e)(3)(C).''. (b) Credit for First $100,000 of Stock Transactions Per Year.-- Subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 36A the following new section: ``SEC. 36B. CREDIT FOR SECURITIES TRANSACTION TAXES. ``(a) Allowance of Credit.--In the case of any individual who is a purchaser with respect to a covered transaction, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the lesser of-- ``(1) the aggregate amount of tax imposed under section 4475 on covered transactions during the taxable year with respect to which the taxpayer is the purchaser, or ``(2) $250 ($125 in the case of a married individual filing a separate return). ``(b) Definitions.--For purposes of this section, any term used in this section which is also used in section 4475 shall have the same meaning as when used in section 4475.''. (c) Withholding.--Subchapter A of chapter 3 of such Code is amended by adding at the end the following new section: ``SEC. 1447. WITHHOLDING ON SECURITIES TRANSACTIONS. ``(a) In General.--In the case of any outbound securities transaction, except as provided in subsection (b), the transferor shall deduct and withhold a tax equal to the tax imposed under section 4475 with respect to such transaction. ``(b) Derivatives.--In the case of any outbound securities transaction with respect to a security described in section 4475(d)(1)(D), the party identified by the Secretary shall so deduct and withhold. ``(c) Outbound Securities Transaction.--For purposes of this section, the term `outbound securities transaction' means any covered transaction to which section 4475(a) applies if-- ``(1) such transaction does not occur on a trading facility located in the United States, and ``(2) the purchaser with respect to such transaction in not a United States person.''. (d) Conforming Amendments.-- (1) Section 6211(b)(4)(A) of such Code is amended by inserting ``36B,'' after ``36A,''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36B,'' after ``36A,''. (e) Clerical Amendments.-- (1) The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter B the following new item: ``Subchapter C. Tax on securities transactions.''. (2) The table of sections for subchapter A of chapter 3 of such Code is amended by adding at the end the following new item: ``Sec. 1447. Withholding on securities transactions.''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36A the following new item: ``Sec. 36B. Credit for securities transaction taxes.''. (f) Effective Date.--The amendments made by this section shall apply to transactions occurring after December 31, 2010.

Wall Street Fair Share Act - Amends the Internal Revenue Code to impose an excise tax on securities trading facilities, brokers, and purchasers for certain securities transactions. Sets such tax at .25% of the fair market value of the security traded. Defines "security" to include stock in a corporation, partnership interests, debt instruments, or interests in certain derivative financial instruments. Exempts from such tax an initial issue of securities, transactions in certain retirement, education, and health savings accounts, and transactions in mutual funds. Allows the purchaser of securities a credit against the excise tax for the lesser of the tax incurred or $250 ($500 for married couples filing joint tax returns). Requires withholding of excise tax amounts by the transferor of securities subject to the tax.

A bill to amend the Internal Revenue Code of 1986 to impose a tax on certain securities transactions to fund job creation and deficit reduction, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assured Food Safety Act of 2007''. SEC. 2. CERTIFICATE OF ASSURED SAFETY PROGRAM. (a) Program.--The Secretary of Agriculture and the Commissioner of Food and Drugs shall jointly establish a program to require all food items imported into the United States to bear a certificate of assured safety issued by the government of the country from which the item is imported. In conducting such program, the Secretary and the Commissioner shall-- (1) establish requirements for a food item to be issued a certificate of assured safety by the government of the country from which the food item is to be imported into the United States; and (2) prohibit a food item that does not bear a certificate of assured safety from being imported into the United States. (b) Exemptions.--The Secretary and the Commissioner may exempt from the requirements of the program established under subsection (a) a food item that is imported-- (1) from a country that has not been the source of a contaminated food item resulting in a significant health or safety recall in the preceding 5 years, as determined by-- (A) in the case of meat and poultry food items, the Secretary; and (B) in the case of all other food items, the Commissioner; or (2) in a de minimis volume, as determined by-- (A) in the case of meat and poultry food items, the Secretary; and (B) in the case of all other food items, the Commissioner. (c) Failure To Provide Assured Level of Safety.-- (1) Prohibition.--If a food item fails to provide the level of safety assured in the certificate required under this section for such item, the Secretary and the Commissioner shall prohibit the importation of any food item that is the same type of food, is produced by the same person, and is produced in the same country until the Secretary or the Commissioner, as appropriate-- (A) is given an opportunity to inspect the place of production of the food to determine whether appropriate corrections have been made; and (B) determines that such country has taken sufficient steps to identify and correct the failure. (2) Heightened inspection.--For a period of 3 years after removing a prohibition against importation of a food item described in paragraph (1), the Secretary and the Commissioner shall require a heightened inspection of any such food item to provide reasonable assurance to consumers of their safety. SEC. 3. REPORTS. (a) Food Items Subject to Recalls.--Not later than February 15 of each year, the Secretary and the Commissioner shall jointly submit to Congress a report containing-- (1) the volume of imported food items subject to recalls; and (2) the volume of recoveries of such imported food items. (b) Sufficiency of Food Safety.--Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter, the Secretary and the Commissioner shall jointly conduct a study and submit a report to the Congress on the sufficiency of food safety and improved food safety technologies. (c) Amount of Food Inspection.-- (1) Study.--The Secretary and the Commissioner shall jointly conduct a study on inspection of imported food to determine-- (A) the minimum amount of inspection necessary to assure consumers of a safe food supply; and (B) the additional cost of allocating resources for inspecting imported food in order to achieve such minimum amount. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary and the Commissioner shall submit to Congress a report containing the results of the study conducted under subsection (a). SEC. 4. MINIMUM INSPECTIONS. Not later than 1 year after the date of the submission of the report under section 3(c), the Secretary and the Commissioner shall ensure that the amount of imported food inspected by the Secretary and the Commissioner is not less than the amount determined necessary under section 3(c) to assure consumers of a safe food supply. SEC. 5. USER FEES REGARDING INSPECTIONS OF IMPORTED FOOD SAFETY. (a) In General.-- (1) Assessment.--Beginning in fiscal year 2008, the Secretary and the Commissioner shall jointly assess and collect fees on food imported into the United States. (2) Purpose of fees.--The purpose of fees under paragraph (1) is to defray increases in the costs of the resources allocated for inspecting imported food in order to comply with section 4 over the costs of the resources allocated for inspecting imported food in fiscal year 2007 multiplied by the adjustment factor. Increases referred to in the preceding sentence include increases in such costs for an additional number of full-time equivalent positions in the Department of Agriculture and the Department of Health and Human Services to be engaged in carrying out such section. (3) Amount of fee; collection.--A fee under paragraph (1) shall be assessed on each line item of food, as defined by the Secretary and the Commissioner by regulation. The amount of the fee shall be based on the number of line items, and may not exceed $20 per line item, notwithstanding subsection (b). The liability for the fee constitutes a personal debt due to the United States, and such liability accrues on the date on which the food is imported into the United States. The Secretary and the Commissioner may coordinate with and seek the cooperation of other agencies of the Federal Government regarding the collection of such fees. (b) Total Fee Revenues.--The total fee revenues collected under subsection (a) for a fiscal year shall be the amount appropriated under subsection (f)(3). (c) Adjustments.-- (1) Inflation adjustment.--With respect to the amount of total fee revenues referred to in subsection (b), the amount authorized in subsection (f)(3) for a fiscal year shall be adjusted by the Secretary and the Commissioner (and as adjusted shall be published in the Federal Register) to reflect the greater of-- (A) the total percentage change that occurred during the preceding fiscal year in the Consumer Price Index for all urban consumers (all items; U.S. city average); or (B) the total percentage change for such fiscal year in basic pay under the General Schedule in accordance with section 5332 of title 5, United States Code, as adjusted by any locality-based comparability payment pursuant to section 5304 of such title for Federal employees stationed in the District of Columbia. (2) Annual fee adjustment.--Not later than 60 days after the end of each fiscal year beginning after fiscal year 2008, the Secretary and the Commissioner, subject to not exceeding the maximum fee amount specified in subsection (a)(3), shall adjust the amounts that otherwise would under subsection (a) be assessed as fees during the fiscal year in which the adjustment occurs so that the total revenues collected in such fees for such fiscal year equal the amount applicable pursuant to subsection (b) for the fiscal year. (d) Fee Waiver or Reduction.--The Secretary and the Commissioner shall grant a waiver from or a reduction of a fee assessed under subsection (a) where the Secretary and the Commissioner find that the fee to be paid will exceed the anticipated present and future costs incurred by the Secretary and the Commissioner in carrying out section 4 (which finding may be made by the Secretary and the Commissioner using standard costs). (e) Assessment of Fees.-- (1) Limitation.--Fees may not be assessed under subsection (a) for a fiscal year beginning after fiscal year 2008 unless the amount appropriated for salaries and expenses of the Department of Agriculture and the Food and Drug Administration for such fiscal year is equal to or greater than the amount appropriated for salaries and expenses of the Food and Drug Administration for fiscal year 2008 multiplied by the adjustment factor applicable to the fiscal year involved, except that in making determinations under this paragraph for the fiscal years involved there shall be excluded any amounts collected as fees for purposes of funding the inspection of food or other items being imported. (2) Authority.--If the Secretary and the Commissioner do not assess fees under subsection (a) during any portion of a fiscal year because of paragraph (1) and if at a later date in such fiscal year the Secretary and the Commissioner may assess such fees, the Secretary and the Commissioner may assess and collect such fees, without any modification in the rate of the fees, at any time in such fiscal year notwithstanding the provisions of subsection (a)(3) relating to the time at which fees are to be paid. (f) Crediting and Availability of Fees.-- (1) In general.--Fees collected for a fiscal year pursuant to subsection (a) shall be credited to the appropriation accounts for salaries and expenses of the Department of Agriculture and the Food and Drug Administration and shall be available in accordance with appropriation Acts until expended without fiscal year limitation. Such sums as may be necessary may be transferred from the Department of Agriculture and the Food and Drug Administration salaries and expenses appropriation accounts without fiscal year limitation to such appropriation accounts for salaries and expenses with such fiscal year limitation. The sums transferred shall be available solely for carrying out section 4. (2) Collections and appropriation acts.--The fees authorized in subsection (a)-- (A) shall be collected in each fiscal year in accordance with subsections (a)(3) and (b); and (B) shall only be collected and available for the purpose specified in subsection (a)(2). (3) Authorization of appropriations; allocations by secretary and commissioner.--Subject to paragraph (4), there is authorized to be appropriated the amount determined by the Secretary and the Commissioner under section 3(c) to be necessary to comply with section 4 for each of the fiscal years 2008 through 2012. (4) Offset.--Any amount of fees collected for a fiscal year under subsection (a) that exceeds the amount of fees specified in appropriation Acts for such fiscal year shall be credited to the appropriation accounts of the Department of Agriculture and the Food and Drug Administration as provided in paragraph (1), and shall be subtracted from the amount of fees that would otherwise be authorized to be collected under this section pursuant to appropriation Acts for a subsequent fiscal year. (g) Collection of Unpaid Fees.--In any case where the Secretary and the Commissioner do not receive payment of a fee assessed under subsection (a) within 30 days after it is due, such fee shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31, United States Code. (h) Construction.--This section may not be construed as requiring that the number of full-time equivalent positions in the Department of Agriculture or the Department of Health and Human Services, for officers, employees, and advisory committees not engaged in inspecting imported food be reduced to offset the number of officers, employees, and advisory committees so engaged. (i) Definition of Adjustment Factor.--For purposes of this section, the term ``adjustment factor'' applicable to a fiscal year is the Consumer Price Index for all urban consumers (all items; United States city average) for April of the preceding fiscal year divided by such Index for April 2007.''. SEC. 6. PRIVATE CAUSE OF ACTION. (a) In General.--Any person aggrieved by the failure of any food item to meet the level of safety assured in the certificate required for that food item under section 2(a) may bring a civil action in a United States district court against the person who imported the food item. (b) Damages.--In an action brought pursuant to subsection (a), the court may award actual damages, equitable relief, and any litigation costs reasonably incurred. SEC. 7. CRIMINAL PENALTIES. If any person imports a food item into the United States knowing that such food item does not comply with the assurance of safety for such food item in the certificate required for that food item under section 2(a), such person is deemed to be in violation of section 1001 of title 18, United States Code (relating to fraudulent and false statements in any matter within the Government). SEC. 8. DEFINITIONS. In this Act: (1) The term ``Commissioner'' means the Commissioner of Food and Drugs. (2) The term ``Secretary'' means the Secretary of Agriculture.

Assured Food Safety Act of 2007 - Directs the Secretary of Agriculture and the Commissioner of Food and Drugs to jointly establish a program to require all food items imported into the United States to bear a certificate of assured safety issued by the government of the country from which the item is imported. Directs the Secretary and the Commissioner to: (1) establish certificate requirements; and (2) prohibit a food item that does not bear such certificate from being imported into the United States. Authorizes specified exemptions. Directs the Secretary and the Commissioner, upon a food item's failure to provide the assured safety level, to prohibit the importation of any similar food item produced by the same person in the same country until the Secretary or the Commissioner inspects the production place and determines that sufficient corrective steps have been taken. Requires: (1) heightened inspections for three years following the removal of a food item's import prohibition; and (2) inspection-related user fees on foods imported into the United States. Authorizes fee waiver or reduction. Provides: (1) a private right of action against an importer; and (2) criminal penalties against an importer who knowingly imports a non-complying food item.

To require the Secretary of Agriculture and the Commissioner of Food and Drugs to establish a program requiring a certificate of assured safety for imported food items.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spending Reduction Act''. SEC. 2. REQUIREMENT FOR AGENCY REPORTS ON REDUCING DUPLICATION, ACHIEVING SAVINGS, AND ENHANCING REVENUE. (a) Report Requirement.--Not later than 90 days after the date of the enactment of this Act, the head of each executive agency shall submit to the President and Congress a report on the implementation of recommendations made by the following reports of the Government Accountability Office: (1) The March 2011 Government Accountability Office report to Congress titled ``Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue'' (GAO-11-318SP). (2) The February 2012 Government Accountability Office report to Congress titled ``Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue'' (GAO-12-342SP). (3) The April 2013 Government Accountability Office report to Congress titled ``Actions Needed to Reduce Fragmentation, Overlap, and Duplication and Achieve Other Financial Benefits'' (GAO-13-279SP). (b) Matters Covered in Reports.--Each report required by subsection (a) shall include the following: (1) A discussion by the head of the executive agency of matters on which the agency agrees, disagrees, or partially agrees with the Government Accountability Office, and recommendations by the head of the agency for actions that should be taken in the agency as a result of the reports described in subsection (a). (2) An opinion by the Comptroller General of the United States on whether each such recommendation by the head of the executive agency under paragraph (1) is consistent with the intent of the Government Accountability Office reports described in subsection (a). (3) A proposal for legislative changes, if any, necessary to implement the recommendations by the head of the executive agency under paragraph (1). (4) A statement of the annual impact on costs to the Federal Government, including cost savings, expected to occur as a result of the implementation of such recommendations. (5) Such other information as the head of the executive agency determines appropriate. SEC. 3. IMPLEMENTATION. (a) Implementation.--Not later than 150 days after the date of the enactment of this Act, the head of each executive agency shall begin to implement the recommendations submitted in the report by the head of that agency under section 2, in order to eliminate, consolidate, streamline, or better coordinate Government programs and agencies with duplicative, overlapping, or fragmented missions identified in the Government Accountability Office reports described in section 2(a). (b) Congressional Disapproval.-- (1) The head of an executive agency may not carry out any recommendations contained in the report submitted to Congress under section 2 by the head of the agency if a joint resolution is enacted, in accordance with the provisions of section 4, disapproving such recommendations before the earlier of-- (A) the end of the 45-day period beginning on the date on which the head of the executive agency submits such report; or (B) the adjournment of Congress sine die for the session during which such report is submitted. (2) For purposes of paragraph (1) of this subsection and subsections (a) and (b) of section 4, the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of a period. SEC. 4. CONGRESSIONAL CONSIDERATION OF EXECUTIVE AGENCY REPORT. (a) Terms of the Resolution.--For purposes of section 3(b), the term ``joint resolution'' means only a joint resolution which is introduced within the 10-day period beginning on the date on which the head of an executive agency submits the report relating to that executive agency to Congress under section 2, and-- (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: ``That Congress disapproves the recommendations as submitted by _____ on _____'', the first blank space being filled in with the title of the head of the executive agency submitting the report, and the second blank space being filled in with the appropriate date; and (3) the title of which is as follows: ``Joint resolution disapproving the recommendations of the ______.'', the blank space being filled in with the title of the head of the executive agency submitting the report. (b) Referral.--A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the committee with jurisdiction over the executive agency concerned. A resolution described in subsection (a) introduced in the Senate shall be referred to the committee with jurisdiction over the executive agency concerned. (c) Discharge.--If the committee to which a resolution described in subsection (a) is referred has not reported such a resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the head of the executive agency concerned submits the report to the Congress under section 2, such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1) On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by Other House.--(1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the Senate and House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. DEFINITION. In this Act, the term ``executive agency'' has the meaning provided in section 133 of title 41, United States Code.

Spending Reduction Act - Requires the head of each executive agency to submit to the President and Congress a report on the implementation of recommendations made by specified Government Accountability Office (GAO) reports on reducing duplication in government programs, achieving savings, and enhancing revenue. Requires: (1) such agency reports to include recommendations by the agency heads for actions that should be taken as a result of such GAO reports; and (2) agency heads to begin implementation of such recommendations in order to eliminate, consolidate, streamline, or better coordinate government programs and agencies with duplicative, overlapping, or fragmented missions identified in the GAO reports, unless Congress enacts a joint resolution disapproving them.

Spending Reduction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Administrative Simplification Compliance Act''. SEC. 2. EXTENSION OF DEADLINE FOR COVERED ENTITIES SUBMITTING COMPLIANCE PLANS. (a) In General.-- (1) Extension.--Subject to paragraph (2), notwithstanding section 1175(b)(1)(A) of the Social Security Act (42 U.S.C. 1320d- 4(b)(1)(A)) and section 162.900 of title 45, Code of Federal Regulations, a health care provider, health plan (other than a small health plan), or a health care clearinghouse shall not be considered to be in noncompliance with the applicable requirements of subparts I through R of part 162 of title 45, Code of Federal Regulations, before October 16, 2003. (2) Condition.--Paragraph (1) shall apply to a person described in such paragraph only if, before October 16, 2002, the person submits to the Secretary of Health and Human Services a plan of how the person will come into compliance with the requirements described in such paragraph not later than October 16, 2003. Such plan shall be a summary of the following: (A) An analysis reflecting the extent to which, and the reasons why, the person is not in compliance. (B) A budget, schedule, work plan, and implementation strategy for achieving compliance. (C) Whether the person plans to use or might use a contractor or other vendor to assist the person in achieving compliance. (D) A timeframe for testing that begins not later than April 16, 2003. (3) Electronic submission.--Plans described in paragraph (2) may be submitted electronically. (4) Model form.--Not later than March 31, 2002, the Secretary of Health and Human Services shall promulgate a model form that persons may use in drafting a plan described in paragraph (2). The promulgation of such form shall be made without regard to chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (5) Analysis of plans; reports on solutions.-- (A) Analysis of plans.-- (i) Furnishing of plans.--Subject to subparagraph (D), the Secretary of Health and Human Services shall furnish the National Committee on Vital and Health Statistics with a sample of the plans submitted under paragraph (2) for analysis by such Committee. (ii) Analysis.--The National Committee on Vital and Health Statistics shall analyze the sample of the plans furnished under clause (i). (B) Reports on solutions.--The National Committee on Vital and Health Statistics shall regularly publish, and widely disseminate to the public, reports containing effective solutions to compliance problems identified in the plans analyzed under subparagraph (A). Such reports shall not relate specifically to any one plan but shall be written for the purpose of assisting the maximum number of persons to come into compliance by addressing the most common or challenging problems encountered by persons submitting such plans. (C) Consultation.--In carrying out this paragraph, the National Committee on Vital and Health Statistics shall consult with each organization-- (i) described in section 1172(c)(3)(B) of the Social Security Act (42 U.S.C. 1320d-1(c)(3)(B)); or (ii) designated by the Secretary of Health and Human Services under section 162.910(a) of title 45, Code of Federal Regulations. (D) Protection of confidential information.-- (i) In general.--The Secretary of Health and Human Services shall ensure that any material provided under subparagraph (A) to the National Committee on Vital and Health Statistics or any organization described in subparagraph (C) is redacted so as to prevent the disclosure of any-- (I) trade secrets; (II) commercial or financial information that is privileged or confidential; and (III) other information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (ii) Construction.--Nothing in clause (i) shall be construed to affect the application of section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), including the exceptions from disclosure provided under subsection (b) of such section. (6) Enforcement through exclusion from participation in medicare.-- (A) In general.--In the case of a person described in paragraph (1) who fails to submit a plan in accordance with paragraph (2), and who is not in compliance with the applicable requirements of subparts I through R of part 162 of title 45, Code of Federal Regulations, on or after October 16, 2002, the person may be excluded at the discretion of the Secretary of Health and Human Services from participation (including under part C or as a contractor under sections 1816, 1842, and 1893) in title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (B) Procedure.--The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) (other than the first and second sentences of subsection (a) and subsection (b)) shall apply to an exclusion under this paragraph in the same manner as such provisions apply with respect to an exclusion or proceeding under section 1128A(a) of such Act. (C) Construction.--The availability of an exclusion under this paragraph shall not be construed to affect the imposition of penalties under section 1176 of the Social Security Act (42 U.S.C. 1320d-5). (D) Nonapplicability to complying persons.--The exclusion under subparagraph (A) shall not apply to a person who-- (i) submits a plan in accordance with paragraph (2); or (ii) who is in compliance with the applicable requirements of subparts I through R of part 162 of title 45, Code of Federal Regulations, on or before October 16, 2002. (b) Special Rules.-- (1) Rules of construction.--Nothing in this section shall be construed-- (A) as modifying the October 16, 2003, deadline for a small health plan to comply with the requirements of subparts I through R of part 162 of title 45, Code of Federal Regulations; or (B) as modifying-- (i) the April 14, 2003, deadline for a health care provider, a health plan (other than a small health plan), or a health care clearinghouse to comply with the requirements of subpart E of part 164 of title 45, Code of Federal Regulations; or (ii) the April 14, 2004, deadline for a small health plan to comply with the requirements of such subpart. (2) Applicability of privacy standards before compliance deadline for information transaction standards.-- (A) In general.--Notwithstanding any other provision of law, during the period that begins on April 14, 2003, and ends on October 16, 2003, a health care provider or, subject to subparagraph (B), a health care clearinghouse, that transmits any health information in electronic form in connection with a transaction described in subparagraph (C) shall comply with the requirements of subpart E of part 164 of title 45, Code of Federal Regulations, without regard to whether the transmission meets the standards required by part 162 of such title. (B) Application to health care clearinghouses.--For purposes of this paragraph, during the period described in subparagraph (A), an entity that processes or facilitates the processing of information in connection with a transaction described in subparagraph (C) and that otherwise would be treated as a health care clearinghouse shall be treated as a health care clearinghouse without regard to whether the processing or facilitation produces (or is required to produce) standard data elements or a standard transaction as required by part 162 of title 45, Code of Federal Regulations. (C) Transactions described.--The transactions described in this subparagraph are the following: (i) A health care claims or equivalent encounter information transaction. (ii) A health care payment and remittance advice transaction. (iii) A coordination of benefits transaction. (iv) A health care claim status transaction. (v) An enrollment and disenrollment in a health plan transaction. (vi) An eligibility for a health plan transaction. (vii) A health plan premium payments transaction. (viii) A referral certification and authorization transaction. (c) Definitions.--In this section-- (1) the terms ``health care provider'', ``health plan'', and ``health care clearinghouse'' have the meaning given those terms in section 1171 of the Social Security Act (42 U.S.C. 1320d) and section 160.103 of title 45, Code of Federal Regulations; (2) the terms ``small health plan'' and ``transaction'' have the meaning given those terms in section 160.103 of title 45, Code of Federal Regulations; and (3) the terms ``health care claims or equivalent encounter information transaction'', ``health care payment and remittance advice transaction'', ``coordination of benefits transaction'', ``health care claim status transaction'', ``enrollment and disenrollment in a health plan transaction'', ``eligibility for a health plan transaction'', ``health plan premium payments transaction'', and ``referral certification and authorization transaction'' have the meanings given those terms in sections 162.1101, 162.1601, 162.1801, 162.1401, 162.1501, 162.1201, 162.1701, and 162.1301 of title 45, Code of Federal Regulations, respectively. SEC. 3. REQUIRING ELECTRONIC SUBMISSION OF MEDICARE CLAIMS. (a) In General.--Section 1862 of the Social Security Act (42 U.S.C. 1395y) is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (20); (B) by striking the period at the end of paragraph (21) and inserting ``; or''; and (C) by inserting after paragraph (21) the following new paragraph: ``(22) subject to subsection (h), for which a claim is submitted other than in an electronic form specified by the Secretary.''; and (2) by inserting after subsection (g) the following new subsection: ``(h)(1) The Secretary-- ``(A) shall waive the application of subsection (a)(22) in cases in which-- ``(i) there is no method available for the submission of claims in an electronic form; or ``(ii) the entity submitting the claim is a small provider of services or supplier; and ``(B) may waive the application of such subsection in such unusual cases as the Secretary finds appropriate. ``(2) For purposes of this subsection, the term `small provider of services or supplier' means-- ``(A) a provider of services with fewer than 25 full-time equivalent employees; or ``(B) a physician, practitioner, facility, or supplier (other than provider of services) with fewer than 10 full-time equivalent employees.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to claims submitted on or after October 16, 2003. SEC. 4. CLARIFICATION WITH RESPECT TO APPLICABILITY OF ADMINISTRATIVE SIMPLIFICATION REQUIREMENTS TO MEDICARE+CHOICE ORGANIZATIONS. Section 1171(5)(D) of the Social Security Act (42 U.S.C. 1320d(5)(D)) is amended by striking ``Part A or part B'' and inserting ``Parts A, B, or C''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR IMPLEMENTATION OF REGULATIONS. (a) In General.--Subject to subsection (b), and in addition to any other amounts that may be authorized to be appropriated, there are authorized to be appropriated a total of $44,200,000, for-- (1) technical assistance, education and outreach, and enforcement activities related to subparts I through R of part 162 of title 45, Code of Federal Regulations; and (2) adopting the standards required to be adopted under section 1173 of the Social Security Act (42 U.S.C. 1320d-2). (b) Reductions.-- (1) Model form 14 days late.--If the Secretary fails to promulgate the model form described in section 1(a)(4) by the date that is 14 days after the deadline described in such section, the amount referred to in subsection (a) shall be reduced by 25 percent. (2) Model form 30 days late.--If the Secretary fails to promulgate the model form described in section 1(a)(4) by the date that is 30 days after the deadline described in such section, the amount referred to in subsection (a) shall be reduced by 50 percent. (3) Model form 45 days late.--If the Secretary fails to promulgate the model form described in section 1(a)(4) by the date that is 45 days after the deadline described in such section, the amount referred to in subsection (a) shall be reduced by 75 percent. (4) Model form 60 days late.--If the Secretary fails to promulgate the model form described in section 1(a)(4) by the date that is 60 days after the deadline described in such section, the amount referred to in subsection (a) shall be reduced by 100 percent. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Administrative Simplification Compliance Act - Extends by one year the deadlines for compliance by health care providers, health plans other than small health plans, and health care clearinghouses with the standards for electronic health care transactions and code sets adopted under part C (Administrative Simplification) of title XI of the Social Security Act (SSA) by the Secretary of Health and Human Services only if, before the current deadline, such entity submits to the Secretary a plan for compliance with such standards.Directs the Secretary to furnish the National Committee on Vital and Health Statistics with a sample of such plans for analysis for reports containing effective solutions to compliance problems identified in the plans.Provides for exclusion from participation in Medicare (SSA title XVIII) for noncompliance.Amends SSA title XVIII to require the electronic submission of Medicare claims except in certain circumstances.Amends SSA title XI part C to include the Medicare+Choice program as a health plan (thus applying administrative simplification requirements to Medicare+Choice organizations).Authorizes appropriations.

To ensure that covered entities comply with the standards for electronic health care transactions and code sets adopted under part C of title XI of the Social Security Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Financial Assistance Management Improvement Act of 1999''. SEC. 2. FINDINGS. The Congress finds that-- (1) there are over 600 different Federal financial assistance programs to implement domestic policy; (2) while the assistance described in paragraph (1) has been directed at critical problems, some Federal administrative requirements may be duplicative, burdensome, or conflicting, thus impeding cost-effective delivery of services at the local level; (3) the Nation's State, local, and tribal governments and private, nonprofit organizations are dealing with increasingly complex problems which require the delivery and coordination of many kinds of services; and (4) streamlining and simplification of Federal financial assistance administrative procedures and reporting requirements will improve the delivery of services to the public. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) improve the effectiveness and performance of Federal financial assistance programs; (2) simplify Federal financial assistance application and reporting requirements; (3) improve the delivery of services to the public; and (4) facilitate greater coordination among those responsible for delivering such services. SEC. 4. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (2) Federal agency.--The term ``Federal agency'' means any agency as defined under section 551(1) of title 5, United States Code. (3) Federal financial assistance.--The term ``Federal financial assistance'' has the meaning given that term in section 7501(a)(5) of title 31, United States Code, under which Federal financial assistance is provided, directly or indirectly, to a non-Federal entity. (4) Local government.--The term ``local government'' means a political subdivision of a State that is a unit of general local government (as defined under section 7501(a)(11) of title 31, United States Code); (5) Non-federal entity.--The term ``non-Federal entity'' means a State, local government, or nonprofit organization. (6) Nonprofit organization.--The term ``nonprofit organization'' means any corporation, trust, association, cooperative, or other organization that-- (A) is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; (B) is not organized primarily for profit; and (C) uses net proceeds to maintain, improve, or expand the operations of the organization. (7) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, and any instrumentality thereof, any multi-State, regional, or interstate entity which has governmental functions, and any Indian Tribal Government. (8) Tribal government.--The term ``tribal government'' means an Indian tribe, as that term is defined in section 7501(a)(9) of title 31, United States Code. (9) Uniform administrative rule.--The term ``uniform administrative rule'' means a government-wide uniform rule for any generally applicable requirement established to achieve national policy objectives that applies to multiple Federal financial assistance programs across Federal agencies. SEC. 5. DUTIES OF FEDERAL AGENCIES. (a) In General.--Not later than 18 months after the date of the enactment of this Act, each Federal agency shall develop and implement a plan that-- (1) streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency; (2) demonstrates active participation in the interagency process under section 6(a)(2); (3) demonstrates appropriate agency use, or plans for use, of the common application and reporting system developed under section 6(a)(1); (4) designates a lead agency official for carrying out the responsibilities of the agency under this Act; (5) allows applicants to electronically apply for, and report on the use of, funds from the Federal financial assistance program administered by the agency in a manner not inconsistent with the Government Paperwork Elimination Act (title XVII of Public Law 105-277); (6) ensures recipients of Federal financial assistance provide timely, complete, and high quality information in response to Federal reporting requirements; and (7) establishes specific annual goals and objectives to further the purposes of this Act and measure annual performance in achieving those goals and objectives, which may be done as part of the agency's annual planning responsibilities under the provisions enacted in the Government Performance and Results Act of 1993 (Public Law 103-62). (b) Extension.--If one or more agencies are unable to comply with the requirements of subsection (a), the Director shall report to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives the reasons for noncompliance. After consultation with such committees, the Director may extend the period for plan development and implementation for each noncompliant agency for up to 12 months. (c) Comment and Consultation on Agency Plans.-- (1) Comment.--Each agency shall publish the plan developed under subsection (a) in the Federal Register and shall receive public comment of the plan through the Federal Register and other means (including electronic means). To the maximum extent practicable, each Federal agency shall hold public forums on the plan. (2) Consultation.--The lead official designated under subsection (a)(4) shall consult with representatives of non- Federal entities during development and implementation of the plan. Consultation with representatives of State, local, and tribal governments shall be in accordance with section 204 of the Unfunded Mandates Reform Act of 1995 (Public Law 104-4; 2 U.S.C. 1534). (d) Submission of Plan.--Each Federal agency shall submit the plan developed under subsection (a) to the Director and Congress and report annually thereafter on the implementation of the plan and performance of the agency in meeting the goals and objectives specified under subsection (a)(7). Such report may be included as part of any of the general management reports required under law. (e) Department of Housing and Urban Development.--(1) Not later than 18 months after the date of the enactment of this Act, the Department of Housing and Urban Development shall develop and implement a plan that establishes policies and procedures regarding an applicant who has submitted an application for Federal financial assistance to the agency that includes a technical deficiency under which-- (A) the applicant shall be notified promptly of the deficiency and permitted to submit the appropriate information to correct the deficiency within 7 days of receipt of notice by the applicant of the deficiency, notwithstanding that the deadline for submission of an application has expired; (B) the application shall continue to be considered by the agency during the period before the applicant is notified and the 7-day period during which the applicant is permitted to correct the deficiency; and (C) if the applicant corrects the deficiency within the 7- day period, the agency shall continue to consider the application. (2) A deficiency (including, but not limited to, a misfiling, error, or omission) may be considered technical for purposes of this subsection notwithstanding a material impact on the eligibility of an applicant or proposed activity for requested funding. A technical deficiency for purposes of this subsection does not include the failure to submit a substantially complete application by a deadline published in the Federal Register. SEC. 6. DUTIES OF THE DIRECTOR. (a) In General.--The Director, in consultation with agency heads, and representatives of non-Federal entities, shall direct, coordinate and assist Federal agencies in establishing: (1)(A) a common application or set of common applications, wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; (B) a common system, including electronic processes, wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal financial assistance programs that serve similar purposes and are administered by different Federal agencies; and (C) uniform administrative rules for Federal financial assistance programs across different Federal agencies. (2) An interagency process for addressing-- (A) ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities; (B) improved interagency and intergovernmental coordination of information collection and sharing of data pertaining to Federal financial assistance programs, including appropriate information sharing consistent with the provisions in the Privacy Act of 1974 (Public Law 93-579); and (C) improvements in the timeliness, completeness, and quality of information received by Federal agencies from recipients of Federal financial assistance. (b) Lead Agency and Working Groups.--The Director may designate a lead agency to assist the Director in carrying out the responsibilities under this section. The Director may use interagency working groups to assist in carrying out such responsibilities. (c) Review of Plans and Reports.--Agencies shall submit to the Director, upon his request and for his review, information and other reporting regarding their implementation of this Act. (d) Exemptions.--The Director may exempt any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the Federal agency does not have a significant number of Federal financial assistance programs. The Director shall maintain a list of exempted agencies which will be available to the public through the Internet site of the Office of Management and Budget. (e) Report on Recommended Changes in Law.--Not later than 18 months after the date of the enactment of this Act, the Director shall submit to Congress a report containing recommendations for changes in law to improve the effectiveness and performance of Federal financial assistance programs. SEC. 7. EVALUATION. (a) In General.--The Director (or the lead agency designated under section 6(b)) shall contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Not later than 4 years after the date of the enactment of this Act, the evaluation shall be submitted to the lead agency, the Director, and Congress. The evaluation shall be performed with input from State, local, and tribal governments, and nonprofit organizations. (b) Contents.--The evaluation under subsection (a) shall-- (1) assess the effectiveness of this Act in meeting the purposes of this Act and make specific recommendations to further the implementation of this Act; (2) evaluate actual performance of each agency in achieving the goals and objectives stated in agency plans; (3) assess the level of coordination among the Director, Federal agencies, State, local, and tribal governments, and nonprofit organizations in implementing this Act. SEC. 8. COLLECTION OF INFORMATION. Nothing in this Act shall be construed to prevent the Director or any Federal agency from gathering, or to exempt any recipient of Federal financial assistance from providing, information that is required for review of the financial integrity or quality of services of an activity assisted by a Federal financial assistance program. SEC. 9. JUDICIAL REVIEW. There shall be no judicial review of compliance or noncompliance with any of the provisions of this Act. No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action. SEC. 10. STATUTORY REQUIREMENTS. Nothing in this Act shall be construed as a means to deviate from the statutory requirements relating to applicable Federal financial assistance programs. SEC. 11. EFFECTIVE DATE AND SUNSET. This Act shall take effect on the date of the enactment of this Act and shall cease to be effective five years after such date of enactment. SEC. 12. SENSE OF THE CONGRESS REGARDING FEDERAL FINANCIAL ASSISTANCE. It is the sense of the Congress that Federal agencies, in providing Federal financial assistance for the purpose of economic development, should focus primarily on communities with high poverty and unemployment rates. Passed the House of Representatives February 24, 1999. Attest: JEFF TRANDAHL, Clerk.

Federal Financial Assistance Management Improvement Act of 1999 - Directs each Federal agency to develop and implement a plan that, among other things, streamlines and simplifies the application, administrative, and reporting procedures for Federal financial assistance programs administered by the agency. Requires each agency to publish the plan in the Federal Register, receive public comment, and hold public forums on the plan. Requires the designated lead agency official to consult with the representatives of non-Federal entities during plan development and implementation. Requires each Federal agency to submit the plan developed to the Director of the Office of Management and Budget (OMB) and the Congress and report annually thereafter on plan implementation and agency performance in meeting goals and objectives. Directs the Department of Housing and Urban Development to develop and implement a plan that establishes policies and procedures regarding an applicant who has submitted an application for Federal financial assistance to the agency that includes a technical deficiency under which the applicant: (1) shall be notified of the deficiency and be permitted to submit information to correct the deficiency within seven days; and (2) shall continue to be considered by the agency during such period and after such period if the deficiency is corrected. Requires the Director to direct, coordinate and assist Federal agencies in establishing: (1) a common application or set of common applications wherein a non-Federal entity can apply for Federal financial assistance from multiple Federal programs; (2) a common system wherein a non-Federal entity can apply for, manage, and report on the use of funding from multiple Federal programs; (3) uniform administrative rules for Federal financial assistance programs across different agencies; and (4) an interagency process for addressing ways to streamline and simplify Federal financial assistance administrative procedures and reporting requirements for non-Federal entities, ways to improve interagency and intergovernmental coordination of information collection and data sharing pertaining to Federal financial assistance programs, and ways to improve the timeliness, completeness, and quality of information received from financial assistance recipients. Permits the Director to: (1) designate a lead agency to assist him or her and use interagency working groups to assist in carrying out such responsibilities; and (2) exempt any Federal agency or Federal financial assistance program from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs. Requires the Director to maintain a list of exempted agencies available to the public through OMB's Internet site. Requires the Director to submit to the Congress a report containing recommendations for changes in law to improve the effectiveness and performance of Federal financial assistance programs. Requires the Director or lead agency to contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Requires the evaluation to be submitted to the lead agency, the Director, and the Congress. Requires the evaluation to be performed with input from State, local, and tribal governments and nonprofit organizations. Terminates this Act five years after enactment. Expresses the sense of the Congress that Federal agencies, in providing Federal financial assistance for economic development, should focus on communities with high poverty and unemployment rates.

Federal Financial Assistance Management Improvement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Opioids and Unused Narcotics with Deliberate Disposal and Packaging Act of 2018'' or the ``SOUND Disposal and Packaging Act''. SEC. 2. IMPROVED TECHNOLOGIES, CONTROLS, OR MEASURES WITH RESPECT TO THE PACKAGING OR DISPOSAL OF CERTAIN DRUGS. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 505-1 (21 U.S.C. 355-1) the following new section: ``SEC. 505-2. SAFETY-ENHANCING PACKAGING AND DISPOSAL FEATURES. ``(a) Orders.-- ``(1) In general.--The Secretary may issue an order requiring the holder of a covered application to implement or modify one or more technologies, controls, or measures with respect to the packaging or disposal of one or more drugs identified in the covered application, if the Secretary determines such technologies, controls, or measures to be appropriate to help mitigate the risk of abuse or misuse of such drug or drugs, which may include by reducing the availability of unused drugs. ``(2) Prior consultation.--The Secretary may not issue an order under paragraph (1) unless the Secretary has consulted with relevant stakeholders, through a public meeting, workshop, or otherwise, about matters that are relevant to the subject of the order. ``(3) Assuring access and minimizing burden.--Technologies, controls, or measures required under paragraph (1) shall-- ``(A) be commensurate with the specific risk of abuse or misuse of the drug listed in the covered application; ``(B) considering such risk, not be unduly burdensome on patient access to the drug, considering in particular any available evidence regarding the expected or demonstrated public health impact of such technologies, controls, or measures; and ``(C) reduce the risk of abuse or misuse of such drug. ``(4) Order contents.--An order issued under paragraph (1) may-- ``(A) provide for a range of options for implementing or modifying the technologies, controls, or measures required to be implemented by such order; and ``(B) incorporate by reference standards regarding packaging or disposal set forth in an official compendium, established by a nationally or internationally recognized standard development organization, or described on the public website of the Food and Drug Administration, so long as the order includes the rationale for incorporation of such standard. ``(5) Orders applicable to drug class.--When a concern about the risk of abuse or misuse of a drug relates to a pharmacological class, the Secretary may, after consultation with relevant stakeholders, issue an order under paragraph (1) which applies to the pharmacological class. ``(b) Compliance.--The holder of a covered application shall-- ``(1) submit a supplement containing proposed changes to the covered application to comply with an order issued under subsection (a) not later than-- ``(A) 180 calendar days after the date on which the order is issued; or ``(B)(i) such longer time period as specified by the Secretary in such order; or ``(ii) if a request for an alternative date is submitted by the holder of such application not later than 60 calendar days after the date on which such order is issued-- ``(I) such requested alternative date if agreed to by the Secretary; or ``(II) another date as specified by the Secretary; and ``(2) implement the changes approved pursuant to such supplement not later than the later of-- ``(A) 90 calendar days after the date on which the supplement is approved; or ``(B) the end of such longer period as is-- ``(i) determined to be appropriate by the Secretary; or ``(ii) approved by the Secretary pursuant to a request by the holder of the covered application that explains why such longer period is needed, including to satisfy any other applicable Federal statutory or regulatory requirements. ``(c) Alternative Measures.--The holder of the covered application may propose, and the Secretary shall approve, technologies, controls, or measures regarding packaging, storage, or disposal other than those specified in the applicable order issued under subsection (a), if such technologies, controls, or measures are supported by data and information demonstrating that such alternative technologies, controls, or measures can be expected to mitigate the risk of abuse or misuse of the drug or drugs involved, including by reducing the availability of unused drugs, to at least the same extent as the technologies, controls, or measures specified in such order. ``(d) Dispute Resolution.--If a dispute arises in connection with a supplement submitted under subsection (b), the holder of the covered application may appeal a determination made with respect to such supplement using applicable dispute resolution procedures specified by the Secretary in regulations or guidance. ``(e) Definitions.--In this section-- ``(1) the term `covered application' means an application submitted under subsection (b) or (j) of section 505 for approval under such section or an application submitted under section 351 of Public Health Service Act for approval under such section, with respect to a drug that is or contains an opioid for which a listing in schedule II or III (on a temporary or permanent basis) is in effect under section 202 of the Controlled Substances Act; and ``(2) the term `relevant stakeholders' may include scientific experts within the drug manufacturing industry; brand and generic drug manufacturers; standard development organizations; wholesalers and distributors; payers; health care providers; pharmacists; pharmacies; manufacturers; poison centers; and representatives of the National Institute on Drug Abuse, the National Institutes of Health, the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the Drug Enforcement Agency, the Consumer Product Safety Commission, individuals who specialize in treating addiction, and patient and caregiver groups.''. (b) Prohibited Acts.--Section 501 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph (j) the following: ``(k) If it is a drug approved under a covered application (as defined in section 505-2(e)), the holder of which does not meet the requirements of paragraphs (1) and (2) of subsection (b) of such section.''. (c) Required Content of an Abbreviated New Drug Application.-- Section 505(j)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)) is amended-- (1) in clause (vii)(IV), by striking ``and'' at the end; (2) in clause (viii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ix) if the drug is or contains an opioid for which a listing in schedule II or III (on a temporary or permanent basis) is in effect under section 202 of the Controlled Substances Act, information to show that the applicant has proposed technologies, controls, or measures related to the packaging or disposal of the drug that provide protections comparable to those provided by the technologies, controls, or measures required for the applicable listed drug under section 505-2, if applicable.''. (d) Grounds for Refusing to Approve an Abbreviated New Drug Application.--Section 505(j)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(4)), is amended-- (1) in subparagraph (J), by striking ``or'' at the end; (2) in subparagraph (K), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(L) if the drug is a drug described in paragraph (2)(A)(ix) and the applicant has not proposed technologies, controls, or measures related to the packaging or disposal of such drug that the Secretary determines provide protections comparable to those provided by the technologies, controls, or measures required for the applicable listed drug under section 505-2.''. (e) Rules of Construction.-- (1) Any labeling describing technologies, controls, or measures related to packaging or disposal intended to mitigate the risk of abuse or misuse of a drug product that is subject to an abbreviated new drug application, including labeling describing differences from the reference listed drug resulting from the application of section 505-2 of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall not be construed-- (A) as changes to labeling not permissible under clause (v) of section 505(j)(2)(A) of such Act (21 U.S.C. 355(j)(2)(A)), or a change in the conditions of use prescribed, recommended, or suggested in the labeling proposed for the new drug under clause (i) of such section; or (B) to preclude approval of an abbreviated new drug application under subparagraph (B) or (G) of section 505(j)(4) of such Act (21 U.S.C. 355(j)(4)). (2) For a covered application that is an application submitted under subsection (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), subsection (j)(2)(A) of such section 505 shall not be construed to limit the type of data or information the Secretary of Health and Human Services may request or consider in connection with making any determination under section 505-2. (f) GAO Report.--Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to the Congress a report containing-- (1) a description of available evidence, if any, on the effectiveness of site-of-use, in-home controlled substance disposal products and packaging technologies; (2) identification of ways in which such disposal products intended for use by patients, consumers, and other end users that are not registrants under the Controlled Substances Act, are made available to the public and barriers to the use of such disposal products; (3) identification of ways in which packaging technologies are made available to the public and barriers to the use of such technologies; (4) a description of Federal oversight, if any, of site-of- use, in-home controlled substance disposal products, including-- (A) identification of the Federal agencies that oversee such products; (B) identification of the methods of disposal of controlled substances recommended by these agencies for site-of-use, in-home disposal; and (C) a description of the effectiveness of such recommendations at preventing the diversion of legally prescribed controlled substances; (5) a description of Federal oversight, if any, of controlled substance packaging technologies, including-- (A) identification of the Federal agencies that oversee such technologies; (B) identification of the technologies recommended by these agencies, including unit dose packaging, packaging that provides a set duration, or other packaging systems that may mitigate abuse or misuse; and (C) a description of the effectiveness of such recommendations at preventing the diversion of legally prescribed controlled substances; and (6) recommendations on-- (A) whether site-of-use, in-home controlled substance disposal products and packaging technologies require Federal oversight and, if so, which agencies should be responsible for such oversight and, as applicable, approval of such products or technologies; and (B) the potential role of the Federal Government in evaluating such products to ensure product efficacy. Passed the House of Representatives June 19, 2018. Attest: KAREN L. HAAS, Clerk.

Securing Opioids and Unused Narcotics with Deliberate Disposal and Packaging Act of 2018 or the SOUND Disposal and Packaging Act This bill amends the Federal Food, Drug, and Cosmetic Act to authorize the Food and Drug Administration to require certain packaging and disposal technologies, controls, or measures to mitigate the risk of abuse or misuse of a drug or a class of drugs.

Securing Opioids and Unused Narcotics with Deliberate Disposal and Packaging Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Strategy to Destroy ISIS Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Since the civil war in Syria began in 2011, nearly 500,000 Syrians have been killed, including 50,000 children. (2) The ongoing civil war in Syria has been among the most disruptive and costly of this century, having displaced an estimated 4,900,000 refugees and an additional 6,300,000 internally displaced persons according to the United Nations High Commissioner for Refugees. (3) In June 2014 the self-described caliphate of the Islamic State of Iraq and al-Sham (ISIS) conquered territory in Syria and Iraq. (4) According to the House Committee on Homeland Security's Task Force on Combatting Terrorist and Foreign Fighter Travel, nearly 300,000 people from over 100 countries have traveled to the conflict zone in Iraq and Syria since 2011 to join or attempt to join terrorist groups, including ISIS. (5) According to CNN, ISIS has committed 143 attacks in 29 countries outside of Iraq and Syria, killing 2,043 people since June 2014. (6) According to the United Nations Assistance Mission for Iraq, over 27,000 Iraqi civilians have been killed since June 2014. (7) On March 17, 2016, Secretary of State John Kerry stated, ``Daesh is responsible for genocide against groups in areas under its control''. (8) On January 28, 2017, the President signed National Security Presidential Memo-3 to require the Secretary of Defense to submit to the President within 30 days a ``plan to defeat ISIS''. SEC. 3. STRATEGY TO DESTROY THE ISLAMIC STATE OF IRAQ AND AL-SHAM AND ITS AFFILIATES. (a) Strategy Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall jointly develop and submit to the appropriate committees of Congress a strategy to destroy the Islamic State of Iraq and al-Sham (ISIS) and its affiliates. (b) Elements of the Strategy.--The strategy required by subsection (a) shall include the following elements: (1) An update on the status and progress of the Global Coalition to Counter ISIS and specific actions being taken in conjunction with such Coalition to destroy and eliminate ISIS. (2) A strategy for the deployment of United States military assets, including ground combat forces, to train and equip allies, as well as potential direct confrontation with ISIS fighters and its affiliates. (3) A strategy for airstrikes and drone strikes in Iraq and Syria against ISIS senior leaders and infrastructure, as well as the viability of the use of airstrikes in conjunction with regional partners that face a significant threat from ISIS and its affiliates. (4) A plan to strengthen the capacity of the Iraqi Security Forces, the Kurdish Peshmerga, the Jordanian Armed Forces, the Afghanistan Security Forces, and others to counter gains by ISIS and its affiliates. (5) A plan to provide humanitarian assistance and relief, governance, and rule of law to regions previously impacted by ISIS and its affiliates. (6) Prevention of a reconstitution of ISIS or its affiliates in the region. (7) A strategy to pursue war crimes prosecutions against ISIS fighters through international fora. (8) Use of social media and other communication technologies to counter ISIS's propaganda, influence, and ability to recruit fighters domestically and internationally. (9) A strategy to deny financial resources, including revenues from natural resources extraction, sale of antiquities, kidnapping, extortion, and taxation, to ISIS and its affiliates. (c) Update.--The Secretary of Defense and the Secretary of State shall submit to the appropriate committees of Congress an update of the strategy required by subsection (a) at least once every 2 years after the date of the initial submission of the strategy. SEC. 4. STRATEGY TO BRING THE CIVIL WAR IN SYRIA TO A SUSTAINABLE END. (a) Strategy Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall jointly develop and submit to the appropriate committees of Congress a strategy to bring the civil war in Syria to a sustainable end. (b) Elements of the Strategy.--The strategy required by subsection (a) shall include the following elements: (1) A description of military and diplomatic actions to end the Syrian Civil War. (2) An assessment on the viability of safe zones for Syrian refugees displaced from their homes to allow such refugees to settle for an unspecified amount of time and live in peace and security. (3) A plan to bring the various moderate opposition factions and the Government of Syria to the negotiating table in order to find a peaceful solution to the conflict, and specifically includes plans for a transition of power from the presidency of Bashar al-Assad to a confederation of multi- sectarian and moderate parties that does not include any known radical Islamist groups in order to rebuild Syria. (4) A strategy to pursue war crimes prosecutions against Bashar al-Assad and Syrian government officials responsible for crimes against humanity. (5) A plan that will prevent the reconstitution of the ISIS in Syrian territory. SEC. 5. ASSESSMENT BY DIRECTOR OF NATIONAL INTELLIGENCE. Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress an assessment of the following: (1) The willingness and capabilities of coalition members and allies to defeat and destroy the Islamic State of Iraq and al-Sham (ISIS) and its affiliates with their own military assets. (2) The presence of ISIS or its affiliates in countries other than Syria, Iraq, Libya, Egypt, and Afghanistan. (3) Preventing radicalization of citizens of regional countries by ISIS and its affiliates and tactics used by countries to stop radicalization. (4) Assessment of the number of foreign fighters joining ISIS and its affiliates and tactics that can be used by countries with foreign fighter populations to prevent further recruitment. (5) Significant United States intelligence gaps concerning ISIS and its affiliates and the ability to carry out a regional strategy to defeat ISIS and its affiliates. SEC. 6. APPROPRIATE COMMITTEES OF CONGRESS DEFINED. In this Act, the term ``appropriate committees of Congress'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate.

Comprehensive Strategy to Destroy ISIS Act of 2017 This bill directs the Department of Defense (DOD) and the Department of State to jointly develop and submit to Congress: (1) a strategy to destroy the Islamic State of Iraq and al-Sham (ISIS) and its affiliates, (2) a biennial update of such strategy, and (3) a strategy to bring the civil war in Syria to a sustainable end. The Office of the Director of National Intelligence shall submit to Congress an assessment of: the willingness and capabilities of coalition members and allies to defeat ISIS with their own military assets; the presence of ISIS or its affiliates in countries other than Syria, Iraq, Libya, Egypt, and Afghanistan; preventing radicalization of citizens of regional countries by ISIS; the number of foreign fighters joining ISIS and tactics to prevent further recruitment; and significant U.S. intelligence gaps concerning ISIS and the ability to carry out a regional strategy to defeat it.

Comprehensive Strategy to Destroy ISIS Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Individual Social Security Retirement Account Act of 1993''. SEC. 2. REDUCTION OF SOCIAL SECURITY TAXES. (a) Tax on Employees.--Subsection (a) of section 3101 of the Internal Revenue Code of 1986 (relating to OASDI tax on employees) is amended by striking the table and inserting the following: ``In cases of wages The rate received during: shall be: 1993 or 1994......................... 6.2 percent 1995 or thereafter................... 5.2 percent.'' (b) Tax on Employers.--Subsection (a) of section 3111 of such Code (relating to OASDI tax on employers) is amended by striking the table and inserting the following: ``In cases of wages The rate paid during: shall be: 1993 or 1994......................... 6.2 percent 1995 or thereafter................... 5.2 percent.'' (c) Tax on Self-Employed.--Subsection (a) of section 1401 of such Code of (relating to OASDI tax on self-employment income) is amended by striking the table and inserting the following: ``In the case of a taxable year: Beginning after: And before: Percent: December 31, 1992...... January 1, 1995........ 12.4 December 31, 1994...... ....................... 10.4.'' (d) Effective Date.--The amendments made by this section shall apply with respect to remuneration paid after December 31, 1994, and with respect to earnings from self-employment attributable to taxable years beginning after such date. SEC. 3. INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS FUNDED BY SOCIAL SECURITY PAYROLL DEDUCTION PLANS. (a) In General.--Title II of the Social Security Act is amended-- (1) by inserting before section 201 the following: ``Part A--Insurance Benefits''; and (2) by adding at the end the following new part: ``Part B--Individual Retirement Program ``social security payroll deduction plans ``Sec. 251. (a) In General.--Each person who is a covered employer for any calendar year shall have in effect throughout such calendar year a social security payroll deduction plan for such person's eligible employees. ``(b) Requirements.--For purposes of this part, the term `social security payroll deduction plan' means a written plan of a covered employer if-- ``(1) under such plan, the prescribed social security employee contribution is deducted from each eligible employee's wages and paid to an individual social security retirement account of such employee designated in accordance with section 252, ``(2) under such plan, the covered employer pays the amount so deducted to the designated individual social security retirement account within 10 business days after the payment of the wages from which the amount was deducted, ``(3) under such plan, the covered employer pays to the individual social security retirement account, together with the contribution paid pursuant to paragraph (2), the prescribed social security employer contribution with respect to the eligible employee, and ``(4) the employer receives no compensation for the cost of administering such plan. ``(c) Amount Deducted May Be Accumulated by Employer in Certain Cases.--If, under the terms of an individual social security retirement account selected under section 252, contributions below a specified amount will not be accepted, the requirements of subsection (b)(2) shall be treated as met if amounts deducted from the wages of an eligible employee are accumulated by the covered employer and paid to such plan not later than 10 business days after the first day on which the accumulated amount exceeds such specified amount. ``designation of individual social security retirement accounts ``Sec. 252. (a) In General.--Except as provided in subsection (b), the individual social security retirement account to which contributions with respect to any eligible employee are required to be paid under section 251 shall be such an account designated by such employee to such employer not later than 10 business days after the date on which such employee becomes an eligible employee of such employer. Any such designation shall be made in such form and manner as may be prescribed in regulations of the Secretary. ``(b) Designation in Absence of Timely Designation by Employee.--In any case in which no timely designation of the individual social security retirement account is made, the covered employer shall designate such account in accordance with regulations of the Secretary. ``(c) Subsequent Designation of Other Accounts.--The Secretary shall provide by regulation for subsequent designation of other individual social security retirement accounts of an eligible employee in lieu of or in addition to accounts previously designated under this section. ``self-employed individuals ``Sec. 253. (a) In General.--Not later than 30 days after the close of any taxable year for which there is imposed a tax under section 1401(a) of the Internal Revenue Code of 1986 on the self-employment income of an individual, such individual shall pay to an individual social security retirement account designated by such individual the prescribed social security self-employment contribution with respect to such individual for such taxable year. ``(b) Designation of Account.--The designation of an individual social security retirement account for payment of prescribed social security self-employment contributions shall be made in such form and manner as may be prescribed in regulations of the Secretary. ``definitions ``Sec. 254. For purposes of this part-- ``(1) Individual social security retirement account.--The term `individual social security retirement account' means any individual retirement account (as defined in section 408(a) of the Internal Revenue Code of 1986) which is administered or issued by a bank (as defined in section 408(n) of such Code) and which meets the requirements of section 408A of such Code. ``(2) Covered employer.--The term `covered employer' means, for any calendar year, any person on whom an excise tax is imposed under section 3111 of the Internal Revenue Code of 1986 with respect to having an individual in his employ to whom wages were paid by such person during such calendar year. ``(3) Eligible employee.--The term `eligible employee' means, in connection with any person who is a covered employer for any calendar year, any individual with respect to whose employment by such employer during such calendar year there is imposed an excise tax under section 3111 of the Internal Revenue Code of 1986. ``(4) Prescribed social security employee contribution.-- The term `prescribed social security employee contribution' means, with respect to any eligible employee of a covered employer, an amount equal to 1 percent of the wages received by such employee with respect to employment by such employer. ``(5) Prescribed social security employer contribution.-- The term `prescribed social security employer contribution' means, with respect to a covered employer of any eligible employee, 1 percent of the wages paid by such employer to such employee with respect to employment of such employee. ``(6) Prescribed social security self- employment contribution.--The term `prescribed social security self- employment contribution' means, with respect to the self- employment income of an individual for any taxable year, 2 percent of the amount of such self-employment income for such taxable year. ``(7) Business day.--The term `business day' means any day other than a Saturday, Sunday, or legal holiday in the area involved. ``penalties ``Sec. 255. (a) Failure To Establish Social Security Payroll Deduction Plan.--Any covered employer who fails to meet the requirements of section 251 for any calendar year shall be subject to a civil penalty of not to exceed the greater of-- ``(1) $50,000, or ``(2) $1,000 for each eligible employee of such employer as of the beginning of such calendar year. ``(b) Failure To Make Deductions Required Under Plan.--Any covered employer who fails to timely deduct in full the amount from the wages of an eligible employee required under an applicable social security payroll deduction plan shall be subject to a civil penalty of not to exceed $50 for each such failure. ``(c) Failure To Pay Deducted Wages to Individual Social Security Retirement Account.--If an amount deducted from the wages of an eligible employee under a social security payroll deduction plan is not timely paid in full to the designated individual social security retirement account in accordance with section 251-- ``(1) the covered employer failing to make such payment shall be subject to a civil penalty of not to exceed 20 percent of the unpaid amount, and ``(2) shall be liable to the eligible employee for interest on the unpaid amount at a rate equal to 133 percent of the Federal short-term rate under section 1274(d)(1) of the Internal Revenue Code of 1986, calculated from the last day by which such amount was required to be so paid to the date on which such amount is paid into the designated individual social security retirement account. ``(d) Failure To Pay Prescribed Social Security Self-Employment Contributions to Individual Social Security Retirement Account.--Any individual failing to timely pay in full a prescribed social security self-employment contribution to a designated individual social security retirement account as required under section 253 shall be subject to a civil penalty of not to exceed 20 percent of the unpaid amount, plus interest on the unpaid amount at a rate equal to 133 percent of the Federal short-term rate under section 1274(d)(1) of the Internal Revenue Code of 1986, calculated from the last day by which such amount was required to be so paid to the date on which such amount is paid into the designated individual social security retirement account. ``(e) Rules for Application of Section.-- ``(1) Penalties assessed by secretary.--Any civil penalty assessed by this section shall be imposed by the Secretary and collected in a civil action. ``(2) Compromises.--The Secretary may compromise the amount of any civil penalty imposed by this section. ``(3) Authority to waive penalty in certain cases.--The Secretary may waive the application of this section with respect to any failure if the Secretary determines that such failure is due to reasonable cause and not to intentional disregard of rules and regulations.''. (b) Amounts Deducted To Be Shown on W-2 Statements.--Subsection (a) of section 6051 of the Internal Revenue Code of 1986 (relating to receipts for employees) is amended-- (1) by striking ``and'' at the end of paragraph (8), (2) by striking the period at the end of paragraph (9) and inserting ``, and'', and (3) by inserting after paragraph (9) the following new paragraph: ``(10) the total amount deducted from the employee's wages under a social security payroll deduction plan established under part B of title II of the Social Security Act.'' (c) Exemption From ERISA Requirements.--Subsection (b) of section 4 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1003(b)) is amended-- (1) by striking ``or'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(6) such plan is a social security payroll deduction plan established under part B of title II of the Social Security Act.''. (d) Effective Date.-- (1) In general.--The amendments made by subsection (a) shall apply with respect to wages paid in calendar years beginning on or after January 1, 1995. (2) Transitional rule.--Notwithstanding section 252(a) of the Social Security Act (as added by this Act), the initial designations of individual social security retirement accounts with respect to eligible employees employed by covered employers as of January 1, 1995, pursuant to such section may be made at any time not later than January 15, 1995. SEC. 4. TAX TREATMENT OF INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS. (a) In General.--Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit- sharing, stock bonus plans, etc.) is amended by inserting after section 408 the following new section: ``SEC. 408A. INDIVIDUAL SOCIAL SECURITY RETIREMENT ACCOUNTS. ``(a) General Rule.--Except as provided in this section, an individual social security retirement account shall be treated for purposes of this title in the same manner as an individual retirement plan. ``(b) Individual Social Security Retirement Account.--For purposes of this section, the term `individual social security retirement account' means an account established and administered in accordance with part B of title II of the Social Security Act (relating to individual retirement program). ``(c) Contribution Rules.-- ``(1) No deduction allowed.--No deduction shall be allowed under section 219 for a contribution to an individual social security retirement account. ``(2) Contribution limit.--No amount, other than a prescribed contribution under part B of title II of the Social Security Act, may be accepted as a contribution to an individual social security retirement account. ``(d) Treatment of Rollovers.--Section 408(d)(3)(A)(i) shall apply to any amount distributed from an individual social security retirement account only to the extent such amount is paid into another such account for the benefit of the individual for whom the account from which such amount is transferred was maintained.'' (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 408 the following new item: ``Sec. 408A. Individual social security retirement accounts.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994.

Individual Social Security Retirement Account Act of 1993 - Amends the Internal Revenue Code to reduce the social security taxes on employees, employers, and the self-employed for 1995 and thereafter. Amends title II (Old-Age, Survivors and Disability Insurance) of the Social Security Act to require employers to have in effect a social security payroll deduction plan for employees. Requires such plan to provide for employers to deduct the prescribed social security employee contribution for transfer, together with the prescribed social security employer contribution, to an individual social security retirement account of the employee. Provides for self-employed individuals to pay into such accounts the prescribed social security self-employment contribution. Sets forth penalties for failure to establish and maintain such accounts. Requires amounts deducted from employee wages to be shown on wage receipts for employees. Amends the Employee Retirement Income Security Act of 1974 to exempt social security payroll deduction plans from provisions governing employee benefit plans. Provides for the tax treatment of individual social security retirement accounts in a manner similar to individual retirement accounts.

Individual Social Security Retirement Account Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transit in Parks Act''. SEC. 2. ESTABLISHMENT OF TRANSIT IN PARKS PROGRAM. (a) In General.--Chapter 53 of title 49, United States Code, is amended by inserting after section 5315 the following: ``Sec. 5316. Transit in parks ``(a) Establishment of Program.-- ``(1) In general.--Not later than 90 days after the date of enactment of the Transit in Parks Act, the Secretary of the Interior and the Secretary of Transportation shall enter into a memorandum of understanding to establish a transit in parks program in accordance with the provisions of this section. ``(2) Purpose.--The purpose of the program shall be to encourage and promote the development of transportation systems described in section 5301(a) within units of the National Park System to improve visitor mobility and enjoyment, reduce pollution and congestion, and enhance resource protection through the use of transit. ``(b) Administration of Program.--The program shall be administered by the Secretary of the Interior, in conjunction with the Secretary of Transportation. ``(c) Contents of Program.-- ``(1) In general.--Except as provided in paragraph (2), the program shall provide for the following: ``(A) Development of transportation plans and programs for units of the National Park System by the Secretary of the Interior instead of a metropolitan planning organization in accordance with sections 5303(a) and 5303(b). ``(B) Development of a long-range transportation plan for such units by the Secretary of the Interior instead of a metropolitan planning organization in accordance with section 5303(f). ``(C) The making of contracts and grants by the Secretary of Transportation to the Secretary of the Interior for planning, engineering, design, and evaluation of mass transportation projects in such units, and for technical studies, in accordance with section 5303(g). ``(D) Development and updating of a transportation improvement program for such units, and the selection and carrying out of projects in such units, by the Secretary of the Interior instead of a metropolitan planning organization in accordance with section 5304; except that any transportation improvement program developed under section 204(a) of title 23 for such unit shall be treated as meeting the requirement of this subparagraph until the Secretary of the Interior provides otherwise and the approval required by section 5304(a) shall only be the approval of the Secretary of the Interior. ``(E) The making of grants by the Secretary of Transportation to the Secretary of the Interior for capital projects by financing the planning and improvement costs of equipment, facilities, and associated capital maintenance in mass transportation for such units in accordance with subsections (a), (b), (c), and (d) of section 5307; except that the Secretary of the Interior shall serve as the designated recipient for the purposes of subsection (a)(2) of such section. ``(F) The making of grants by the Secretary of Transportation to the Secretary of the Interior for capital investment as described in subsection (a) of section 5309 in accordance with subsections (a), (d), and (e) of such section, (other than subsections (e)(1)(C) and (e)(4), relating to local financial commitment). ``(G) Projects for bicycle access in accordance with the first sentence of section 5319. ``(H) The making of contracts and grants by the Secretary of Transportation to the Secretary of the Interior for crime prevention and security in accordance with section 5321. ``(I) The making of contracts and grants by the Secretary of Transportation to the Secretary of the Interior for human resources programs in accordance with section 5322. ``(J) Grants under the program may be used to pay the operating cost of equipment and facilities used in mass transportation for such units. ``(K) Projects for which grants may be made under the program may include turnkey system projects under section 5326. ``(L) Labor protection in accordance with section 5333. ``(2) Exceptions.--The memorandum of understanding entered into under subsection (a) shall limit or modify the applicability of the provisions referred to in paragraph (1) to the program to the extent necessary to carry out the objectives of this section and to be compatible with the laws and regulations governing units of the National Park System. ``(b) Federal Share.--The Federal share of the cost of any project or activity carried out under this section shall be 100 percent. ``(c) Mass Transportation Defined.--In this section and for purposes of the program carried out under this section, the term `mass transportation' means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include school bus or charter transportation. ``(d) Limitation on Applicability.--Except as otherwise provided in this section, the other provisions of this chapter (other than sections 5302 and 5338) shall not apply to this section and the program carried out under this section. ``(e) Savings Clause.--Nothing in this section shall be construed as superseding, amending, modifying or repealing any provision of law applicable to units of the National Park System.''. (b) Conforming Amendments.--The analysis for such chapter is amended by inserting after the item relating to section 5315 the following: ``5316. Transit in parks.''. SEC. 3. FUNDING. (a) Authorization of Appropriations.--Section 5338 of title 49, United States Code, is amended by adding at the end the following: ``(j) Transit in Parks.--There shall be available from the Mass Transit Account of the Highway Trust Fund $90,000,000 for each of fiscal years 2004 through 2010 to carry out section 5316.''. (b) Contract Authority.--Section 5338(g)(1) of such title is amended by striking ``or (f)(2)(A)'' and inserting ``(f)(2)(A), or (j)''. (c) Period of Availability.--Section 5338(i) of such title is amended-- (1) by striking the 1st comma; and (2) by striking the 2nd comma and inserting ``and subsection (j)''.

Transit in Parks Act - Directs the Secretaries of the Interior and Transportation to establish and administer a transit in parks program to encourage and promote the development of mass transportation systems in the National Park System for improving visitor mobility and enjoyment, reducing pollution and congestion, and protecting park resources. Sets forth requirements for such program, including the development of transportation plans for units of the National Park System and the making of grants and contracts for the planning, engineering, design, and evaluation of mass transportation projects in such units and for capital projects and investment.

To amend title 49, United States Code, relating to improving transportation in the national parks.

SECTION 1. INDIVIDUALS TAXED ONLY ON EARNED INCOME. (a) In General.--Section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``SECTION 1. TAX IMPOSED. ``(a) Imposition of Tax.--There is hereby imposed on the income of every individual a tax equal to 20 percent of the excess (if any) of-- ``(1) the taxable earned income received or accrued during the taxable year, over ``(2) the standard deduction (as defined in section 63) for such taxable year. ``(b) Taxable Earned Income.--For purposes of this section, the term `taxable earned income' means the excess (if any) of earned income (as defined in section 911(d)(2)) over the foreign earned income (as defined in section 911(b)(1)).'' (b) Increase in Standard Deduction.--Section 63 of such Code is amended to read as follows: ``SEC. 63. STANDARD DEDUCTION. ``(a) In General.--For purposes of this subtitle, the term `standard deduction' means the sum of-- ``(1) the basic standard deduction, plus ``(2) the additional standard deduction. ``(b) Basic Standard Deduction.--For purposes of subsection (a), the basic standard deduction is-- ``(1) $16,500 in the case of-- ``(A) a joint return, and ``(B) a surviving spouse (as defined in section 2(a)), ``(2) $14,000 in the case of a head of household (as defined in section 2(b)), and ``(3) $9,500 in the case of an individual-- ``(A) who is not married and who is not a surviving spouse or head of household, or ``(B) who is a married individual filing a separate return. ``(c) Additional Standard Deduction.--For purposes of subsection (a), the additional standard deduction is $4,500 for each dependent (as defined in section 152) described in section 151(c)(1) for the taxable year. ``(d) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 1995, each dollar amount contained in subsections (b) and (c) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1994' for `calendar year 1992' in subparagraph (B) of such section. ``(2) Rounding.--If any increase determined under paragraph (1) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.'' SEC. 2. INCOME TAX DEDUCTION FOR CASH CHARITABLE CONTRIBUTIONS. (a) In General.--Subsection (a) of section 170 of the Internal Revenue Code of 1986 (relating to charitable, etc., contributions and gifts) is amended-- (1) by striking paragraph (1) and inserting the following new paragraph: ``(1) General rule.--There shall be allowed as a deduction any charitable contribution (as defined in subsection (c)) not to exceed $2,500 ($1,250, in the case of a married individual filing a separate return), payment of which is made within the taxable year.'', and (2) by striking paragraph (3). (b) Conforming Amendments.-- (1) Section 170(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Termination of subsection.--This subsection shall not apply to taxable years beginning after December 31, 1995.'' (2) Section 170(c) of such Code is amended by inserting ``of cash or its equivalent'' after ``means a contribution or gift''. (3) Subsections (d) and (e) of section 170 of such Code are repealed. (4) Section 170(f) of such Code is amended by striking paragraphs (1) through (7) and by redesignating paragraphs (8) and (9) as paragraphs (1) and (2), respectively. (5) Subsections (h) and (i) of section 170 of such Code are repealed. SEC. 3. LIMITATION OF HOME MORTGAGE DEDUCTION TO ACQUISITION INDEBTEDNESS. Paragraph (3) of section 163(h) of the Internal Revenue Code of 1986 (relating to interest) is amended-- (1) by striking subparagraphs (A), (C), and (D) and inserting before subparagraph (B) the following new subparagraph: ``(A) In general.--The term `qualified residence interest' means any interest which is paid or accrued during the taxable year on acquisition indebtedness with respect to any qualified residence of the taxpayer. For purposes of the preceding sentence, the determination of whether any property is a qualified residence of the taxpayer shall be made as of the time the interest is accrued.'', and (2) by striking ``$1,000,000'' each place it appears and ``$500,000'' in subparagraph (B)(ii) and inserting ``$100,000'' and ``$50,000'', respectively. SEC. 4. MODIFICATION OF TAX ON BUSINESS ACTIVITIES. Section 11 of the Internal Revenue Code of 1986 (relating to tax imposed on corporations) is amended to read as follows: ``SEC. 11. TAX IMPOSED ON BUSINESS ACTIVITIES. ``(a) Tax Imposed.--There is hereby imposed on every person engaged in a business activity a tax equal to 20 percent of the business taxable income of such person. ``(b) Liability for Tax.--The tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise. ``(c) Business Taxable Income.-- ``(1) In general.--For purposes of this section, the term `business taxable income' means gross active income reduced by the deductions specified in subsection (d). ``(2) Gross active income.--For purposes of paragraph (1), the term `gross active income' means gross income other than investment income. ``(d) Deductions.-- ``(1) In general.--The deductions specified in this subsection are-- ``(A) the cost of business inputs for the business activity, ``(B) the compensation (including contributions to qualified retirement plans but not including other fringe benefits) paid for employees performing services in such activity, and ``(C) the cost of tangible personal and real property used in such activity. ``(2) Business inputs.--For purposes of subparagraph (A), the term `cost of business inputs' means-- ``(A) the actual amount paid for goods, services, and materials, whether or not resold during the taxable year, ``(B) the fair market value of business inputs brought into the United States, and ``(C) the actual cost, if reasonable, of travel and entertainment expenses for business purposes. Such term shall not include purchases of goods and services provided to employees or owners. ``(e) Carryover of Excess Deductions.-- ``(1) In general.--If the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the amount of the deductions specified in subsection (d) for the succeeding taxable year (determined without regard to this subsection) shall be increased by the sum of-- ``(A) such excess, plus ``(B) the product of such excess and the 3-month Treasury rate for the last month of such taxable year. ``(2) 3-month treasury rate.--For purposes of paragraph (1), the 3-month Treasury rate is the rate determined by the Secretary based on the average market yield (during any 1-month period selected by the Secretary and ending in the calendar month in which the determination is made) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 months or less.'' SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1995.

Amends the Internal Revenue Code to impose a 20 percent tax on the taxable earned income of every individual. Bases such amount on the standard deduction. (Replaces current income tax procedures for individuals.) Increases the basic standard deduction and includes an additional standard deduction (limited to dependents only), with inflation adjustments. Limits charitable contributions to $2,500 ($1,250 in the case of married individuals filing separately). Limits the deduction for interest paid on a home mortgage to the amount of acquisition indebtedness, with limitations. Replaces the current tax on corporations with a tax on every person engaged in a business activity equal to 20 percent of the business taxable income of such person. Makes the person engaged in the business activity liable for the tax.

A bill to amend the Internal Revenue Code of 1986 to impose a flat tax only on the earned income of individuals and the business taxable income of corporations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Protection Against Combustible Dust Explosions and Fires Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) An emergency exists concerning worker exposure to combustible dust explosions and fires, and there is a significant risk of death or severe injury to workers employed at facilities where combustible dusts are present. (2) Following 3 catastrophic dust explosions that killed 14 workers in 2003, the Chemical Safety and Hazard Investigation Board (CSB) issued a report in November 2006, which identified 281 combustible dust incidents between 1980 and 2005 that killed 119 workers and injured 718. The CSB concluded that ``combustible dust explosions are a serious hazard in American industry''. A quarter of the explosions occurred at food industry facilities, including sugar plants. (3) In November 2006, the CSB recommended that the Occupational Safety and Health Administration (OSHA) issue a standard designed to prevent combustible dust fires and explosions in general industry, based on current National Fire Protection Association (NFPA) dust explosion standards. (4) Fourteen workers were killed and more than 38 seriously injured in a catastrophic combustible dust explosion at Imperial Sugar in Port Wentworth, Georgia on February 7, 2008. (5) An investigation by the CSB found that the explosion at Imperial Sugar was fueled by a massive accumulation of sugar dust throughout the packaging building, triggering a series of secondary explosions throughout the factory. (6) The CSB's final report of September 24, 2009, regarding the Imperial Sugar Refinery explosion reiterated its previous recommendation from November 2006 that OSHA proceed expeditiously ``to promulgate a comprehensive standard to reduce or eliminate hazards from fire and explosion from combustible powders and dust''. (7) Explosions continue to injure workers and cause property damage. In the 3 years since the February 7, 2008, explosion at Imperial Sugar, there have been 24 additional combustible dust explosions or fires resulting in 4 deaths and 65 injuries to workers through February 7, 2011, according to data released by the Chemical Safety Board. (8) On October 21, 2009, OSHA issued an advance notice of proposed rulemaking in response to the CSB's recommendation; however, a final rule will take at least 4 more years, during which it is foreseeable that additional workers will be seriously injured or killed. (9) OSHA issued a grain handling facilities standard (29 C.F.R. 1910.272) in 1987 that has proven highly effective in reducing the risk of combustible grain dust explosions, according to an OSHA evaluation. (10) No OSHA standard comprehensively addresses combustible dust explosion hazards in general industry. (11) Voluntary NFPA standards exist that, when implemented, effectively reduce the likelihood and impact of combustible dust explosions. In particular-- (A) certain requirements currently apply to existing establishments, which NFPA refers to as a ``retroactive'' application, and include hazard assessment, housekeeping, control of static electricity, control of open flames and sparks, use of certain tools, employee training, and requirements for inspection and maintenance of equipment; (B) other requirements include conventional ignition source control and dust emission control technologies, such as ventilation systems that capture fugitive dust, and enclosure of dust generating processes; (C) many employers currently implement such requirements from NFPA standards to address combustible dust hazards in the workplace; and (D) many employers maintain written combustible dust safety programs and involve employees in implementing the program, which are important aspects of a comprehensive combustible dust hazard control system. (12) Implementation of such means of hazard control is both technologically and economically feasible and would substantially reduce risks related to combustible dust fires and explosions to workers. SEC. 3. ISSUANCE OF INTERIM STANDARD ON COMBUSTIBLE DUST. (a) Application and Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall promulgate an interim final standard regulating occupational exposure to combustible dust hazards. The interim final standard shall, at a minimum, apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts, including organic dusts (such as sugar, candy, paper, soap, and dried blood), plastics, sulfur, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals (such as aluminum, chromium, iron, magnesium, and zinc), fossil fuels, and others determined by the Secretary, but shall not apply to processes already covered by the occupational safety and health standard on grain facilities contained in section 1910.272 of title 29, Code of Federal Regulations. (b) Application.--The interim final standard required under this section shall be based on those portions of the National Fire Protection Association Standards in effect on the date of enactment of this Act that-- (1) apply to existing facilities; or (2) call for source and dust emission control technologies, such as ventilation systems that capture fugitive dust, and enclosure of dust generating processes. (c) Requirements.--The interim final standard required under this section shall include the following elements: (1) Requirements for hazard assessment to identify, evaluate, and control combustible dust hazards. (2) Requirements for a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping, including the frequency and method or methods used to minimize accumulations of combustible dust on ledges, floors, equipment, and other exposed surfaces. (3) Requirements for engineering controls, administrative controls, and operating procedures, including means to control fugitive dust emissions and ignition sources, and the safe use and maintenance of process equipment and dust collection systems and filters. (4) Requirements for workplace inspection and housekeeping to prevent accumulation of combustible dust in places of employment in such depths that it can present explosion, deflagration, or other fire hazards, including safe methods of dust removal. (5) Requirements for participation of employees and their representatives in hazard assessment, development of and compliance with the written program, incident investigation, and other elements of hazard management. (6) Requirements to provide written safety and health information and annual training to managers and employees and their representatives, including housekeeping procedures, hot work procedures, preventive, predictive, and periodic maintenance procedures, common ignition sources, and lock-out, tag-out procedures. (d) Applicability of Other Statutory Requirements.--The requirements applicable to occupational safety and health standards under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), the requirements of chapters 5 and 6 of title 5, United States Code, and titles 2 and 42, United States Code, shall not apply to the issuance of the interim final standard required under this section. (e) Effective Date of Interim Standard.--The interim final standard shall take effect 30 days after issuance, except that such standard may include a reasonable phase-in period for implementation of required engineering controls. The interim final standard shall have the legal effect of an occupational safety and health standard, and shall apply until a final standard becomes effective under section 6 of the Occupational Safety and Health Act (29 U.S.C. 655). SEC. 4. FINAL STANDARD ON COMBUSTIBLE DUST. Not later than 18 months after the date on which the interim final standard is issued under section 3, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act (29 U.S.C. 655), issue a proposed rule for regulating combustible dust explosions that includes the major elements contained in the interim final standard issued under section 3, and shall issue a final rule 3 years after the issuance of a proposed rule.

Worker Protection Against Combustible Dust Explosions and Fires Act of 2011 - Requires the Secretary of Labor to promulgate an interim final standard regulating occupational exposure to combustible dust hazards, which shall apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts (including organic dusts, plastics, sulfur, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals, and fossil fuels), but shall not apply to processes already covered by the occupational safety and health standard on grain facilities. Requires such standard to be based on portions of the National Fire Protection Association Standards in effect upon enactment of this Act that: (1) apply to existing facilities; or (2) call for source and dust emission control technologies. Requires such standard also to provide requirements for: (1) a hazard assessment to identify, evaluate, and control combustible dust hazards; (2) a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping; (3) engineering controls, administrative controls, and operating procedures; (4) workplace inspection and housekeeping to prevent accumulation of combustible dust in places of employment in depths that can present explosion, deflagration, or other fire hazards, including safe methods of dust removal; (5) participation of employees and their representatives in hazard assessment, development of and compliance with the written program, incident investigation, and other elements of hazard management; and (6) providing safety and health information and annual training to managers and employees and their representatives. Requires the interim final standard to take effect 30 days after its issuance, and remain in effect until a final standard becomes effective, except that it may include a reasonable phase-in period for implementation of required engineering controls. Requires the Secretary to issue: (1) a proposed rule for regulating combustible dust explosions that includes the major elements contained in the interim final standard, and (2) a final rule three years after issuance of a proposed rule.

To require the Secretary of Labor to issue an interim occupational safety and health standard regarding worker exposure to combustible dust, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Distilled Spirits Tax Payment Simplification Act of 1997''. (b) Reference to 1986 Code.--Except as otherwise expressly provided, whenever an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. TRANSFER OF DISTILLED SPIRITS BETWEEN BONDED PREMISES. (a) In General.--Section 5212 is amended to read as follows: ``SEC. 5212. TRANSFER OF DISTILLED SPIRITS BETWEEN BONDED PREMISES. ``Distilled spirits on which the internal revenue tax has not been paid as authorized by law may, under such regulations as the Secretary shall prescribe, be transferred in bond between bonded premises in any approved container. For the purposes of this chapter, except in the case of any transfer from a premise of a bonded dealer, the removal of distilled spirits for transfer in bond between bonded premises shall not be construed to be a withdrawal from bonded premises.''. (b) Conforming Amendment.--The first sentence of section 5232(a) (relating to transfer to distilled spirits plant without payment of tax) is amended to read as follows: ``Distilled spirits imported or brought into the United States, under such regulations as the Secretary shall prescribe, may be withdrawn from customs custody and transferred to the bonded premises of a distilled spirits plant without payment of the internal revenue tax imposed on such distilled spirits.''. SEC. 3. ESTABLISHMENT OF DISTILLED SPIRITS PLANT. Section 5171 (relating to establishment) is amended-- (1) in subsection (a), by striking ``or processor'' and inserting ``processor, or bonded dealer''; (2) in subsection (b), by striking ``or as both'' and inserting ``as a bonded dealer, or as any combination thereof''; (3) in subsection (e)(1), by inserting ``, bonded dealer,'' before ``processor''; and (4) in subsection (e)(2), by inserting ``bonded dealer,'' before ``or processor''. SEC. 4. DISTILLED SPIRITS PLANTS. Section 5178(a) (relating to location, construction, and arrangement) is amended by adding at the end the following: ``(5) Bonded dealer operations.--Any person establishing a distilled spirits plant to conduct operations as a bonded dealer may, as described in the application for registration-- ``(A) store distilled spirits in any approved container on the bonded premises of such plant, and ``(B) under such regulations as the Secretary shall prescribe, store taxpaid distilled spirits, beer, and wine, and such other beverages and items (products) not subject to tax or regulation under this title on such bonded premises.''. SEC. 5. BONDED DEALERS. (a) Definitions.--Section 5002(a) (relating to definitions) is amended by adding at the end the following: ``(16) Bonded Dealer.--The term `bonded dealer' means any person who has elected under section 5011 to be treated as a bonded dealer. ``(17) Control State Entity.--The term `control State entity' means a State, a political subdivision of a State, or any instrumentality of such a State or political subdivision, in which only the State, political subdivision, or instrumentality is allowed under applicable law to perform distilled spirit operations.''. (b) Election To Be Treated as a Bonded Dealer.--Subpart A of part I of subchapter A of chapter 51 (relating to distilled spirits) is amended by adding at the end the following: ``SEC. 5011. ELECTION TO BE TREATED AS BONDED DEALER. ``(a) Election.--Any wholesale dealer or any control State entity may elect, at such time and in such manner as the Secretary shall prescribe, to be treated as a bonded dealer if such wholesale dealer or entity sells bottled distilled spirits exclusively to a wholesale dealer in liquor, to an independent retail dealer subject to the limitation set forth in subsection (b), or to another bonded dealer. ``(b) Limitation in Case of Sales to Retail Dealers.-- ``(1) By bonded dealer.--Any person, other than a control State entity, who is a bonded dealer shall not be considered as selling to an independent retail dealer if-- ``(A) the bonded dealer has a greater than 10 percent ownership interest in, or control of, the retail dealer; ``(B) the retail dealer has a greater than 10 percent ownership interest in, or control of, the bonded dealer; or ``(C) any person has a greater than 10 percent ownership interest in, or control of, both the bonded and retail dealer. For purposes of this paragraph, ownership interest, not limited to stock ownership, shall be attributed to other persons in the manner prescribed by section 318. ``(2) By control state entity.--In the case of any control State entity, subsection (a) shall be applied by substituting `retail dealer' for `independent retail dealer'. ``(c) Inventory Owned at Time of Election.--Any bottled distilled spirits in the inventory of any person electing under this section to be treated as a bonded dealer shall, to the extent that the tax under this chapter has been previously determined and paid at the time the election becomes effective, not be subject to such additional tax on such spirits as a result of the election being in effect. ``(d) Revocation of Election.--The election made under this section may be revoked by the bonded dealer at any time, but once revoked shall not be made again without the consent of the Secretary. When the election is revoked, the bonded dealer shall immediately withdraw the distilled spirits on determination of tax in accordance with a tax payment procedure established by the Secretary. ``(e) Equitable Treatment of Bonded Dealers Using LIFO Inventory.-- The Secretary shall provide such rules as may be necessary to assure that taxpayers using the last-in, first-out method of inventory valuation do not suffer a recapture of their LIFO reserve by reason of making the election under this section or by reason of operating a bonded wine cellar as permitted by section 5351. ``(f) Approval of Application.--Any person submitting an application under section 5171(c) and electing under this section to be treated as a bonded dealer shall be entitled to approval of such application to the same extent such person would be entitled to approval of an application for a basic permit under section 104(a)(2) of the Federal Alcohol Administration Act (27 U.S.C 204(a)(2)), and shall be accorded notice and hearing as described in section 104(b) of such Act (27 U.S.C. 204(b)).''. (c) Conforming Amendment.--The tables of sections of subpart A of part I of subchapter A of chapter 51 is amended by adding at the end the following: ``Sec. 5011. Election to be treated as bonded dealer.''. SEC. 6. DETERMINATION OF TAX. The first sentence of section 5006(a)(1) (relating to requirements) is amended to read as follows: ``Except as otherwise provided in this section, the tax on distilled spirits shall be determined when the spirits are transferred from a distilled spirits plant to a bonded dealer or are withdrawn from bond.''. SEC. 7. LOSS OR DESTRUCTION OF DISTILLED SPIRITS. Section 5008 (relating to abatement, remission, refund, and allowance for loss or destruction of distilled spirits) is amended-- (1) in subsections (a)(1)(A) and (a)(2), by inserting ``bonded dealer,'' after ``distilled spirits plant,'' both places it appears; (2) in subsection (c)(1), by striking ``of a distilled spirits plant''; and (3) in subsection (c)(2), by striking ``distilled spirits plant'' and inserting ``bonded premises''. SEC. 8. TIME FOR COLLECTING TAX ON DISTILLED SPIRITS. (a) In General.--Section 5061(d) (relating to time for collecting tax on distilled spirits, wines, and beer) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following: ``(5) Advanced payment of distilled spirits tax.-- Notwithstanding the preceding provisions of this subsection, in the case of any tax imposed by section 5001 with respect to a bonded dealer who has an election in effect on September 20 of any year, any payment of which would, but for this paragraph, be due in October or November of that year, such payment shall be made on such September 20. No penalty or interest shall be imposed for the period from such September 20 until the due date determined without regard to this paragraph to the extent that tax due exceeds the tax which would have been due with respect to distilled spirits in the preceding October and November had the election under section 5011 been in effect.''. (b) Conforming Amendment.--Section 5061(e)(1) (relating to payment by electronic fund transfer) is amended by inserting ``or any bonded dealer,'' after ``respectively,''. SEC. 9. EXEMPTION FROM OCCUPATIONAL TAX NOT APPLICABLE. Section 5113(a) (relating to sales by proprietors of controlled premises) is amended by adding at the end the following: ``This subsection shall not apply to a proprietor of a distilled spirits plant whose premises are used for operations of a bonded dealer.''. SEC. 10. CONFORMING AMENDMENTS. (1) Section 5003(3) is amended by striking ``certain''. (2) Section 5214 is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following: ``(b) Exception.--Paragraphs (1), (2), (3), (5), (10), (11), and (12) of subsection (a) shall not apply to distilled spirits withdrawn from premises used for operations as a bonded dealer.''. (3) Section 5215 is amended-- (A) in subsection (a), by striking ``the bonded premises'' and all that follows through the period and inserting ``bonded premises.''; (B) in the heading of subsection (b), by striking ``a Distilled Spirits Plant'' and inserting ``Bonded Premises''; and (C) in subsection (d), by striking ``a distilled spirits plant'' and inserting ``bonded premises''. (4) Section 5362(b)(5) is amended by adding at the end the following: ``The term does not mean premises used for operations as a bonded dealer.''. (5) Section 5551(a) is amended by inserting ``bonded dealer,'' after ``processor'' both places it appears. (6) Subsections (a)(2) and (b) of section 5601 are each amended by inserting ``, bonded dealer,'' before ``or processor'' . (7) Paragraphs (3), (4), and (5) of section 5601(a) are each amended by inserting ``bonded dealer,'' before ``or processor'' . (8) Section 5602 is amended-- (A) by inserting ``, warehouseman, processor, or bonded dealer'' after ``distiller''; and (B) in the heading, by striking ``by distiller''. (9) Sections 5115, 5180, and 5681 are repealed. (10) The table of sections for part II of subchapter A of chapter 51 is amended by striking the item relating to section 5115. (11) The table of sections for subchapter B of chapter 51 is amended by striking the item relating to section 5180. (12) The item relating to section 5602 in the table of sections for part I of subchapter J of chapter 51 is amended by striking ``by distiller''. (13) The table of sections for part IV of subchapter J of chapter 51 is amended by striking the item relating to section 5681. SEC. 11. REGISTRATION FEES. (a) General Rule.--The Director of the Bureau of Alcohol, Tobacco, and Firearms shall, in accordance with this section, assess and collect registration fees solely to defray a portion of any net increased costs of regulatory activities of the Government resulting from enactment of this Act. (b) Persons Subject to Fee.--Fees shall be paid in a manner prescribed by the Director by the bonded dealer. (c) Amount and Timing of Fees.--Fees shall be paid annually and shall not exceed $1,000 per bonded premise. (d) Deposit and Credit.--The moneys received during any fiscal year from fees described in subsection (a) shall be deposited as an offsetting collection in, and credited to, the account providing appropriations to conduct the regulatory activities of the Government resulting from enactment of this Act. (e) Limitation.--The aggregate amount of fees assessed and collected under this section may not exceed in any fiscal year the aggregate amount of any net increased costs of regulatory activity referred to in subsection (a). SEC. 12. COOPERATIVE AGREEMENTS. (a) Study.--The Secretary of the Treasury shall study and report to Congress concerning possible administrative efficiencies which could inure to the benefit of the Federal Government of cooperative agreements with States regarding the collection of distilled spirits excise taxes. Such study shall include, but not be limited to, possible benefits of the standardization of forms and collection procedures and shall be submitted 1 year after the date of enactment of this Act. (b) Cooperative Agreement.--The Secretary of the Treasury is authorized to enter into such cooperative agreements with States which the Secretary deems will increase the efficient collection of distilled spirits excise taxes. SEC. 13. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act take effect on the date which is 120 days after the date of enactment of this Act. (b) Exceptions.-- (1) Establishment of distilled spirits plant.--The amendments made by section 3 take effect on the date of enactment of this Act. (2) Special rule.--Each wholesale dealer who is required to file an application for registration under section 5171(c) of the Internal Revenue Code of 1986 whose operations are required to be covered by a basic permit under sections 103 and 104 of the Federal Alcohol Administration Act (27 U.S.C. 203, 204) and who has received such basic permits as an importer, wholesaler, or as both, and has obtained a bond required under subchapter B of chapter 51 of subtitle E of such Code before the close of the fourth month following the date of enactment of this Act, shall be qualified to operate bonded premises until such time as the Secretary of the Treasury takes final action on the application. Any control State entity (as defined in section 5002(a)(17) of such Code, as added by section 5(a)) that has obtained a bond required under such subchapter shall be qualified to operate bonded premises until such time as the Secretary of the Treasury takes final action on the application for registration under section 5171(c) of such Code.

Distilled Spirits Tax Payment Simplification Act of 1997 - Amends the Internal Revenue Code to modify or impose requirements regarding: (1) the transfer of distilled spirits (including imported distilled spirits) between bonded premises; (2) operations as a bonded dealer conducted on the bonded premises of a distilled spirits plant; (3) establishment and operation of such a plant by a bonded dealer; (4) election to be treated as a bonded dealer; (5) the time at which the tax on distilled spirits is determined; (6) distilled spirits lost or destroyed in bond or returned to bonded premises; (7) the time for tax payment and payment by electronic transfer; and (8) application to a plant used by a bonded dealer of provisions relating to sales by proprietors of controlled premises. Directs the Director of the Bureau of Alcohol, Tobacco, and Firearms to assess and collect registration fees to defray a portion of the costs resulting from the enactment of this Act. Directs the Secretary of the Treasury to study and report to the Congress concerning cooperative agreements regarding the collection of distilled spirits excise taxes.

Distilled Spirits Tax Payment Simplification Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Setting New Priorities in Education Spending Act''. SEC. 2. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. (a) Repeals.--The following provisions of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) are repealed: (1) Subpart 2 of part B of title I (20 U.S.C. 6371 et seq.; relating to Early Reading First). (2) Subpart 3 of part B of title I (20 U.S.C. 6381 et seq.; relating to the William F. Goodling Even Start Family Literacy programs). (3) Subpart 4 of part B of title I (20 U.S.C. 6383; relating to improving literacy through school libraries). (4) Section 1502 (20 U.S.C. 6492; relating to demonstrations of innovative practices). (5) Section 1504 (20 U.S.C. 6494; relating to the Close Up Fellowship program). (6) Part F of title I (20 U.S.C. 6511 et seq.; relating to comprehensive school reform). (7) Part H of title I (20 U.S.C. 6551 et seq.; relating to school dropout prevention). (8) Section 2151(b) (20 U.S.C. 6651(b); relating to school leadership). (9) Section 2151(c) (20 U.S.C. 6651(c); relating to advanced certification or advanced credentialing). (10) Section 2151(d) (20 U.S.C. 6651(d); relating to special education teacher training). (11) Section 2151(e) (20 U.S.C. 6651(e); relating to early childhood educator professional development). (12) Section 2151(f) (20 U.S.C. 6651(f); relating to teacher mobility). (13) Subpart 2 of part C of title II (20 U.S.C. 6701 et seq.; relating to the National Writing Project). (14) Subpart 4 of part C of title II (20 U.S.C. 6721 et seq.; relating to the teaching of traditional American history). (15) Part D of title II (20 U.S.C. 6751 et seq.; relating to enhancing education through technology). (16) Part B of title III (20 U.S.C. 6891 et seq.; commonly referred to as the ``Improving Language Instruction Educational Programs for Academic Achievement Act''). (17) Section 4003(1) (20 U.S.C. 7103(1); relating to subpart 1 of part A of title IV). (18) Subpart 1 of part A of title IV (20 U.S.C. 7111 et seq.; relating to State grants for safe and drug-free schools and communities). (19) Section 4129 (20 U.S.C. 7139; relating to grants to reduce alcohol abuse). (20) Section 4130 (20 U.S.C. 7140; relating to mentoring programs). (21) Subpart 2 of part D of title V (20 U.S.C. 7245; relating to elementary and secondary school counseling programs). (22) Subpart 3 of part D of title V (20 U.S.C. 7247; relating to partnerships in character education). (23) Subpart 4 of part D of title V (20 U.S.C. 7249; relating to smaller learning communities). (24) Subpart 5 of part D of title V (20 U.S.C. 7251; relating to the Reading is Fundamental--Inexpensive Book Distribution program). (25) Subpart 6 of part D of title V (20 U.S.C. 7253 et seq.; relating to gifted and talented students). (26) Subpart 7 of part D of title V (20 U.S.C. 7255 et seq.; commonly referred to as the ``Star Schools Act''). (27) Subpart 8 of part D of title V (20 U.S.C. 7257 et seq.; relating to the Ready to Teach program). (28) Subpart 9 of part D of title V (20 U.S.C. 7259 et seq.; commonly referred to as the ``Foreign Language Assistance Act of 2001''). (29) Subpart 10 of part D of title V (20 U.S.C. 7261 et seq.; commonly referred to as the ``Carol M. White Physical Education Program''). (30) Subpart 11 of part D of title V (20 U.S.C. 7263 et seq.; relating to community technology centers). (31) Subpart 12 of part D of title V (20 U.S.C. 7265 et seq.; relating to educational, cultural, apprenticeship, and exchange programs for Alaska Natives, Native Hawaiians, and their historical whaling and trading partners in Massachusetts). (32) Subpart 13 of part D of title V (20 U.S.C. 7267 et seq.; commonly referred to as the ``Excellence in Economic Education Act of 2001''). (33) Subpart 14 of part D of title V (20 U.S.C. 7269 et seq.; relating to grants to improve the mental health of children). (34) Subpart 15 of part D of title V (20 U.S.C. 7271; relating to arts in education). (35) Subpart 17 of part D of title V (20 U.S.C. 7275; relating to combatting domestic violence). (36) Subpart 18 of part D of title V (20 U.S.C. 7277 et seq.; relating to healthy, high-performance schools). (37) Subpart 20 of part D of title V (20 U.S.C. 7281 et seq.; relating to additional assistance for certain local educational agencies impacted by Federal property acquisition). (38) Subpart 21 of part D of title V (20 U.S.C. 7283 et seq.; commonly referred to as the ``Women's Educational Equity Act of 2001''). (39) Part B of title VII (20 U.S.C. 7511 et seq.; commonly referred to as the ``Native Hawaiian Education Act''). (40) Part C of title VII (20 U.S.C. 7541 et seq.; commonly referred to as the ``Alaska Native Educational Equity, Support, and Assistance Act''). (b) Conforming Amendments.-- (1) Title i.-- (A) Section 1002.--Section 1002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) is amended-- (i) in subsection (b)-- (I) by striking paragraphs (2) through (4); and (II) by striking the following: ``(b) Reading First.-- ``(1) Reading first.--For'', and inserting the following: ``(b) Reading First.--For''; (ii) in subsection (e)-- (I) by striking paragraph (2); and (II) by striking the following: ``(e) Federal Activities.-- ``(1) Sections 1501 and 1502.--For the purpose of carrying out sections 1501 and 1502,'', and inserting the following: ``(e) Federal Activities.--For the purpose of carrying out section 1501,''; (iii) by striking subsection (f); (iv) by redesignating subsections (g) through (i) as subsections (f) through (h), respectively; (v) by striking subsection (g) (as so redesignated); and (vi) by redesignating subsection (h) (as so redesignated) as subsection (g). (B) Section 1116.--Section 1116(b)(3)(A)(i) of such Act (20 U.S.C. 6316(b)(3)(A)(i)) is amended by striking ``, and may include'' and all that follows through ``part F''. (C) Section 1202.--Section 1202 of such Act (20 U.S.C. 6362) is amended-- (i) in subsection (a)(1), by striking ``section 1002(b)(1)'' and inserting ``section 1002(b)''; and (ii) in subsection (c)(7)(A)(vii), by striking ``, including coordination'' and all that follows through ``where applicable''. (D) Section 1703.--Section 1703 of such Act (20 U.S.C. 6533) is amended by striking ``section 1002(g)'' and inserting ``section 1002(f)''. (2) Title ii.-- (A) Section 2103.--Section 2103 of such Act (20 U.S.C. 6603) is amended-- (i) in subsection (a), by striking ``subpart 5'' and inserting ``section 2151(a)''; and (ii) in subsection (b), by striking ``subpart 5'' and inserting ``section 2151(a)''. (B) Section 2123.--Section 2123(a)(5)(A) of such Act (20 U.S.C. 6623(a)(5)(A)) is amended by striking ``, and are coordinated'' and all that follows through ``part D''. (3) Title iii.--Section 3001 of such Act (20 U.S.C. 6801) is amended-- (A) in subsection (a)-- (i) in paragraph (1), by striking ``, except for subpart 4 of part B''; (ii) by striking paragraph (2); and (iii) by striking the following: ``(a) Authorization of Appropriations.-- ``(1) In general.--Subject'', and inserting the following: ``(a) Authorization of Appropriations.--Subject''; (B) in subsection (b)-- (i) in paragraph (1), by striking ``paragraphs (1) and (2) of''; (ii) by striking paragraph (2); and (iii) by striking the following: ``(b) Conditions on Effectiveness of Parts A and B.-- ``(1) Part a.--Part A'', and inserting the following: ``(b) Conditions on Effectiveness of Part A.--Part A''; and (C) by striking subsection (c). (4) Title iv.--Section 4003 of such Act (20 U.S.C. 7103) (as amended by subsection (a)(17)), is further amended by striking ``appropriated--'' and all that follows through ``such'' and inserting ``appropriated such''. (5) Title vi.--Section 6222(a)(3) of such Act (20 U.S.C. 7351a(a)(3)) is amended by striking ``, as described in part D of title II''. (6) Title ix.-- (A) Section 9101.--Section 9101 of such Act (20 U.S.C. 7801) is amended-- (i) by amending paragraph (13) to read as follows: ``(13) Covered program.--The term `covered program' means each of the programs authorized by-- ``(A) part A of title I; ``(B) part C of title I; ``(C) part D of title I; ``(D) part A of title II; ``(E) part A of title III; ``(F) part A of title IV; ``(G) part B of title IV; ``(H) part A of title V; and ``(I) subpart 2 of part B of title VI.''; and (ii) by amending paragraph (34)(A)(vii)(I) by striking ``(except'' and all that follows through ``part D of title II)''. (B) Section 9501.--Paragraph (1) of section 9501(b) of such Act (20 U.S.C. 7881(b)(1)) is amended to read as follows: ``(1) In general.--This section applies to programs under-- ``(A) subpart 1 of part B of title I; ``(B) part C of title I; ``(C) part A of title II, to the extent provided in paragraph (3); ``(D) part B of title II; ``(E) part A of title III; ``(F) part A of title IV; and ``(G) part B of title IV.''.

Setting New Priorities in Education Spending Act - Repeals specified provisions of the Elementary and Secondary Education Act of 1965. Lists the repealed provisions as those pertaining to: the Early Reading First program, under subpart 2 of part B of title I; the William F. Goodling Even Start Family Literacy programs, under subpart 3 of part B of title I; improving literacy through school libraries, under subpart 4 of part B of title I; demonstration projects of innovative practices for enabling children to meet state academic content and achievement standards, under part E of title I; the Close Up Fellowship program, under part E of title I; comprehensive school reform, under part F of title I; school dropout prevention, under part H of title I; school leadership, under subpart 5 of part A of title II; advanced certification or advanced credentialing for teachers, under subpart 5 of part A of title II; special education teacher training, under subpart 5 of part A of title II; early childhood educator professional development, under subpart 5 of part A of title II; teacher mobility, under subpart 5 of part A of title II; the National Writing Project, under subpart 2 of part C of title II; the teaching of traditional American history, under subpart 4 of part C of title II; enhancing education through technology, under part D of title II; programs to improve language instruction for limited English proficient children, under part B of title III; state grants for safe and drug-free schools and communities, under subpart 1 of part A of title IV; grants to reduce alcohol abuse, under subpart 2 of part A of title IV; mentoring programs, under subpart 2 of part A of title IV; elementary and secondary school counseling programs, under subpart 2 of part D of title V; partnerships in character education, under subpart 3 of part D of title V; smaller learning communities, under subpart 4 of part D of title V; the Reading is Fundamental--Inexpensive Book Distribution program, under subpart 5 of part D of title V; gifted and talented students, under subpart 6 of part D of title V; the Star Schools program, under subpart 7 of part D of title V; the Ready to Teach program, under subpart 8 of part D of title V; the Foreign Language Assistance program, under subpart 9 of part D of title V; the Carol M. White Physical Education Program, under subpart 10 of part D of title V; community technology centers, under subpart 11 of part D of title V; educational, cultural, apprenticeship, and exchange programs for Alaska Natives, Native Hawaiians, and their historical whaling and trading partners in Massachusetts, under subpart 12 of part D of title V; excellence in economic education, under subpart 13 of part D of title V; grants to improve the mental health of children, under subpart 14 of part D of title V; arts in education, under subpart 15 of part D of title V; combatting domestic violence, under subpart 17 of part D of title V; healthy, high-performance schools, under subpart 18 of part D of title V; additional assistance for certain local educational agencies impacted by federal property acquisition, under subpart 20 of part D of title V; the Women's Educational Equity Act, under subpart 21 of part D of title V; the Native Hawaiian Education program, under part B of title VII; and the Alaska Native Education program, under part C of title VII.

To repeal ineffective or unnecessary education programs in order to restore the focus of Federal programs on quality elementary and secondary education programs for disadvantaged students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Purple Heart Hall of Honor Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The National Purple Heart Hall of Honor's mission is-- (A) to commemorate the extraordinary sacrifice of America's servicemen and servicewomen who were killed or wounded in combat; and (B) to collect and preserve the stories of National Purple Heart recipients from all branches of service and across generations to ensure that all recipients are represented. (2) The National Purple Heart Hall of Honor first opened its doors on November 10, 2006, in New Windsor, NY. (3) The National Purple Heart Hall of Honor is located at the New Windsor Cantonment State Historic Site, where General George Washington's Army camped during the Revolutionary War and where he first awarded the Badge of Military Merit, a piece of purple cloth that became the model for the Purple Heart. (4) The National Purple Heart Hall of Honor is the first to recognize the more than 1.7 million U.S. servicemembers wounded or killed in action ranging from the American Revolutionary War to the present day, serving as a living memorial to their sacrifice by sharing their stories through interviews, exhibits and the Roll of Honor, an interactive computer database of each recipient. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the National Purple Heart Hall of Honor. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2017''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the National Purple Heart Hall of Honor, Inc.; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only the West Point Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2017. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Purple Heart Hall of Honor, Inc., to help finance the construction of a new building and renovation of existing National Purple Heart Hall of Honor facilities. (c) Audits.--The National Purple Heart Hall of Honor, Inc., shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

National Purple Heart Hall of Honor Commemorative Coin Act Directs the Secretary of the Treasury to mint and issue $5 gold coins, $1 silver coins, and half-dollar clad coins emblematic of the National Purple Heart Hall of Honor. Limits the minting of such coins to the one-year period beginning on January 1, 2017. Prescribes surcharges for coin sales, which shall be paid to the National Purple Heart Hall of Honor, Inc., to help finance the construction of a new building and renovation of existing National Purple Heart Hall of Honor facilities.

National Purple Heart Hall of Honor Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act shall be known as the ``Skill Game Protection Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds as follows: (1) Millions of Americans enjoy competing with other players in a variety of games of skill, including bridge, mah- jong, backgammon, and poker, over the Internet, where the operator provides the Internet venue for competition and receives a fee for such service. (2) For some Americans, these games provide their primary source of income. (3) While each of these games contains an element of chance, over any substantial interval, a player's success at any of these games is determined by that player's relative level of skill and is widely recognized as such. (4) Games where success is predominantly determined by the skill of the players involved, as a matter of law and of policy, are distinct from the games of chance traditionally described and addressed in Federal and State gambling statutes. (5) Despite the fact that the language in section 1084 of title 18, United States Code, commonly referred to as the ``Wire Act'', has been interpreted by Federal courts as applying only to betting on sports, some in law enforcement interpret the section as prohibiting the acceptance of both sports and non-sports betting through a communications device. (6) The Federal Government should take appropriate steps to ensure that, with respect to skill games-- (A) minors are prevented from playing for money; (B) persons with compulsive behavior should be identified and referred to treatment; (C) operators of such games should not be vulnerable to, or participate in criminal or terrorist money laundering; and (D) appropriate taxes are collected. SEC. 3. CLARIFICATION. Section 1084 of title 18, United States Code, is amended by adding at the end the following new subsection: (f) ``(f) As used in this section, the term `bets or wagers' does not include operating, or participation in, poker, chess, bridge, mahjong or any other game where success is predominantly determined by a player's skill, to the extent that-- ``(1) the game provides for competition only between and among participants, and not against the person operating the game; and ``(2) the operator is in compliance with regulations issued pursuant to section 5368 of title 31, United States Code.''. SEC. 4. SAFEGUARDS. (a) In General.--Subchapter IV of chapter 53 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 5368. Games of skill ``Before the end of the 180-day period beginning on the date of the enactment of the Skill Game Protection Act, the Secretary shall prescribe regulations requiring each person who operates a game of skill on the Internet to maintain the following: ``(1) Appropriate safeguards to ensure that the individual participant depositing funds is 18 years of age or older. ``(2) Appropriate safeguards to ensure that the individual participant is physically located in a jurisdiction that does not bar participation in the particular Internet games of skill in which the individual participates at the time in the individual participates. ``(3) Appropriate mechanisms to ensure that all taxes relating to Internet games of skill due to Federal and State governments and to Indian tribes from individual participants are collected as required by at the time of any payment of any proceeds of Internet games of skill. ``(4) Appropriate safeguards to combat fraud and money laundering as may be prescribed by regulations issued by the Secretary or a designee of the Secretary. ``(5) Appropriate safeguards to combat compulsive participation in Internet games of skill. ``(6) Appropriate safeguards to protect the privacy and security of any person engaged in Internet games of skill.''. (b) Clerical Amendment.--The table of sections for subchapter IV of chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5367 the following new item: ``5368. Games of skill.''. SEC. 5. RULES OF CONSTRUCTION. (a) Nonapplicability to Games of Skill.--Section 5362(1)(E) of title 31, United States Code, is amended-- (1) by striking ``or'' at the end of clause (viii); (2) by striking the period at the end of clause (ix) and inserting ``; or''; and (3) by adding at the end the following new clause: ``(x) participation in any activity which does not constitute ``bets or wagers'' within the meaning of section 1084(f) of title 18 and is operated in compliance with the regulations issued pursuant to section 5368.''. (b) Nonapplicability to Non-Sports Wagering.--No provision of this Act, or amendment made by this Act to any other provision of law, shall be construed as implying that section 1084 of title 18, United States Code, applies or applied to non-sports wagering before or after the enactment of this Act.

Skill Game Protection Act - Amends federal criminal law to exempt from the prohibition against transmission of wagering information the operation or participation in poker, chess, bridge, mahjong or any other game where success is predominantly determined by a player's skill, to the extent that: (1) the game provides for competition only between and among participants, and not against the person operating the game; and (2) the operator is in compliance with federal regulations governing games of skill. Amends federal law governing monetary transactions to instruct the Secretary of the Treasury to prescribe regulations requiring each person who operates a game of skill on the Internet to maintain specified safeguards, including: (1) that the individual participant depositing funds is 18 years of age or older; (2) that the individual participant is physically located in a jurisdiction that does not bar participation in the particular Internet games of skill in which the individual participates; and (3) that all taxes relating to Internet games of skill due to federal and state governments and to Indian tribes from individual participants are collected at the time of any payment of any proceeds of Internet games of skill.

To amend subchapter IV of chapter 53 of title 31, United States Code, and section 1084 of title 18 of such Code to clarify the applicability of such provisions to games of skill, and establish certain requirements with respect to such games, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free File Act of 2016''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Internal Revenue Service Free File program (hereinafter referred to as the ``IRS Free File Program'') as established by the IRS pursuant to public rulemaking and set forth in the Federal Register, Vol. 67, No. 213, Monday, November 4, 2002, pages 67247-67251, and in implementing agreements and governing rules and requirements between the IRS and the tax software and electronic industry between 2003 and 2015, has been successful and significant in the efforts of the Federal Government to increase the electronic filing of individual income tax returns of low and moderate income taxpayers. (2) By the end of the current tax return filing season more than 45,000,000 Federal individual income tax returns will have been prepared and filed electronically for free over the life of the IRS Free File program. (3) The IRS Free File program offers Federal individual income tax return preparation and electronic filing services to more than 70 percent of taxpayers, approximately 100,000,000 taxpayers at the end of the current tax filing period, with tax software and electronic filing provided at no cost to the taxpayers who use the service or to the Federal Government from tax software and electronic filing companies participating in the program. (4) By the end of the current tax return filing season, it is estimated that the IRS Free File program will have saved taxpayers approximately $1,300,000,0000 and will have saved the Federal Government about $125,000,000 in processing costs. (5) In addition to the IRS Free File Program, the Internal Revenue Service also provides Taxpayer Assistance Centers, Tax Counseling for the Elderly, and Volunteer Income Tax Assistance (VITA) programs. Each of these programs represent important sources of taxpayer assistance and provide taxpayer services through different modalities to serve low and moderate income taxpayers. SEC. 3. FREE FILE PROGRAM. (a) The Secretary of the Treasury, or the Secretary's delegate, shall continue to operate the IRS Free File Program as established by the Internal Revenue Service and published in the Federal Register on November 4, 2002 (67 Fed. Reg. 67247), including any subsequent agreements and governing rules established pursuant thereto. (b) The IRS Free File Program shall continue to provide free commercial-type online individual income tax preparation and electronic filing services to the lowest 70 percent of taxpayers by income. The number of taxpayers eligible to receive such services each year shall be calculated by the Internal Revenue Service annually based on prior year aggregate taxpayer adjusted gross income data. (c) In addition to the services described in subsection (b), and in the same manner, the IRS Free File Program shall continue to make available to all taxpayers (without regard to income) a basic, online electronic fillable forms utility. (d) The IRS Free File Program shall continue to work cooperatively with the private sector to provide the free individual income tax preparation and the electronic filing services described in subsections (b) and (c). (e) The IRS Free File Program shall work cooperatively with State government agencies to enhance and expand the use of the program to provide needed benefits to the taxpayer while reducing the cost of processing returns. (f) Nothing in this Act is intended to impact the continuity of services provided under Taxpayer Assistance Centers, Tax Counseling for the Elderly, and Volunteer Income Tax Assistance programs. SEC. 4. INNOVATIONS. (a) The Secretary of the Treasury, or the Secretary's delegate, shall work with the private sector through the IRS Free File Program to identify and implement, consistent with applicable law, innovative new program features to improve and simplify the taxpayer's experience with completing and filing individual income tax returns in voluntary compliance. (b) The Internal Revenue Service, and members of the tax software and electronic industry with whom the Internal Revenue Service works through the Free File Program, shall support and promote improvements within the program by mutually testing, piloting, and offering innovative solutions to-- (1) simplify taxpayer compliance with the internal revenue laws, (2) reduce taxpayer compliance burdens, (3) increase individual income tax return accuracy through financial data authentication, (4) strengthen the tax system against existing and emerging fraud and threats of fraud through cybersecurity collaboration, (5) avoid duplication of effort in the tax system, (6) simplify the tax system, (7) maximize the use of electronic technology, and (8) reduce information reporting burdens.

Free File Act of 2016 This bill requires the Department of the Treasury to continue to operate the Internal Revenue Service (IRS) Free File Program. The program must work with state government agencies to enhance and expand the use of the program, while continuing to: provide free commercial-type online individual income tax preparation and electronic filing services to the lowest 70% of taxpayers by income; provide all taxpayers (regardless of income) with a basic, online electronic fillable forms utility; and work with the private sector to provide the free tax preparation and electronic filing services. Treasury must work with the private sector through the program to identify and implement innovative new program features to improve and simplify the taxpayer's experience with completing and filing individual income tax returns. The IRS and members of the tax software and electronic industry involved in the program must support and promote improvements within the program by mutually testing, piloting, and offering innovative solutions to: simplify the tax system, reduce compliance and reporting burdens, increase tax return accuracy through financial data authentication, strengthen the tax system against fraud through cybersecurity collaboration, avoid duplication, and maximize the use of electronic technology.

Free File Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Permit Reassurances Enabling Direct Improvements for Conservation, Tenants, and Species Act of 2018'' or the ``PREDICTS Act of 2018''. SEC. 2. CODIFICATION OF THE ``NO SURPRISES'' REGULATIONS. (a) Definitions.--Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended as follows: (1) By inserting after paragraph (1) the following: ``(_) Changed circumstances.--The term `changed circumstances'-- ``(A) means changes in circumstances affecting a species or geographic area covered by a covered plan or agreement that can reasonably be anticipated by developers of such plan or agreement, respectively, and the Secretary, and that can reasonably be planned for; and ``(B) includes-- ``(i) additions of species to lists published under section 4(c); and ``(ii) a fire or other natural catastrophic event in an area prone to such an event.''. (2) By inserting after paragraph (3) the following: ``(_) Covered plan or agreement.--The term `covered plan or agreement' means a conservation plan required under section 10(a)(2)(A) or a candidate conservation agreement with assurances under section 10(k), respectively.''. (3) By inserting after paragraph (5) the following: ``(_) Conserved habitat areas.--The term `conserved habitat areas' means areas explicitly designated for habitat restoration, acquisition, protection, or other conservation purposes under a covered plan or agreement.''. (4) By inserting after paragraph (13) the following: ``(_) Operating conservation program.--The term `operating conservation program' means those conservation management activities that are expressly described in a covered plan or agreement and that are to be undertaken for the affected species when implementing the plan or agreement, respectively, including measures to respond to changed circumstances.''. (5) By inserting after paragraph (24) the following: ``(_) Unforeseen circumstances.--The term `unforeseen circumstances' means changes in circumstances affecting a species or geographic area covered by a covered plan or agreement that could not reasonably have been anticipated by plan developers and the Secretary at the time of the development of such plan or agreement, respectively, and that result in a substantial and adverse change in the status of the covered species.''. (6) By redesignating the paragraphs of such section as paragraphs (1) through (25), respectively. (b) Conforming Amendment.--Section 7(n) of such Act (16 U.S.C. 1536(n)) is amended by striking ``section 3(13)'' and inserting ``section 3(16)''. (c) Assurances Governing Permit, Plan, Candidate Conservation Agreement With Assurances, and Safe Harbor Agreement Issuance, Modification, and Revocation.--Section 10 of such Act (16 U.S.C. 1539) is amended as follows: (1) Subsection (a)(2)(B) is amended in the matter following clause (v) by adding at the end the following: ``In addition, each permit issued under paragraph (1)(B), each candidate conservation agreement with assurances entered into under subsection (k), and each safe harbor agreement entered into under subsection (l) shall contain the assurances governing permit revocation, changed circumstances, and unforeseen circumstances set forth in subparagraph (2)(C) and paragraph (3) of this subsection.''. (2) Subsection (a)(2)(C) is amended by inserting ``(i)'' before the text, and by adding at the end the following: ``(ii) The Secretary may not revoke a permit issued under paragraph (1)(B) other than as required in clause (i), and may not terminate any candidate conservation agreement with assurances under subsection (k) or safe harbor agreement entered into under subsection (l), unless the Secretary finds that-- ``(I) continuation of the permitted activity or activity authorized under such an agreement, respectively, would be inconsistent with any of the criteria set forth in subparagraph (B); and ``(II) the inconsistency has not been remedied in a timely fashion.''. (3) Subsection (a) is amended by adding at the end the following: ``(3) Each permit issued by the Secretary under paragraph (1)(B), each candidate conservation agreement with assurances entered into under subsection (k), and each safe harbor agreement entered into under subsection (l) shall be subject to the following assurances addressing changed circumstances and unforeseen circumstances: ``(A) If additional conservation and mitigation measures are deemed necessary to respond to changed circumstances and are specified in the operating conservation program of the conservation plan for the permit or in such agreement, respectively, the permittee shall implement such measures. ``(B) If additional conservation and mitigation measures are deemed necessary to respond to changed circumstances and are not specified in the operating conservation program of the conservation plan for the permit or in such agreement, respectively, the Secretary may not require any conservation and mitigation measures in addition to those specified in the plan or agreement, respectively, without the consent of the permittee. ``(C)(i) In negotiating unforeseen circumstances, the Secretary may not require the commitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the level otherwise agreed upon for the species covered by the conservation plan or by such agreement, respectively, without the consent of the permittee. ``(ii) If additional conservation and mitigation measures are deemed necessary to respond to unforeseen circumstances, the Secretary may require additional measures of the permittee where the conservation plan or agreement, respectively, is being properly implemented, but only if such measures-- ``(I) are limited to modifications within conserved habitat areas, if any, or to the conservation plan's or agreement's operating conservation program for the affected species; ``(II) maintain the original terms and structures of the conservation plan or agreement to the maximum extent possible; and ``(III) will not involve the commitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources otherwise available for development or use under the original terms of the conservation plan or agreement, without the consent of the permittee. ``(iii) The Secretary shall have the burden of demonstrating that unforeseen circumstances exist, using the best scientific and commercial data available. The Secretary shall clearly document any finding that unforeseen circumstances exist, and shall base such finding on reliable technical information regarding the status and habitat requirements of the affected species. In making such finding, the Secretary will consider, among other matters, the following factors: ``(I) The size of the current range of the affected species. ``(II) The percentage of such range adversely affected by the conservation plan or agreement. ``(III) The percentage of such range conserved by the conservation plan or agreement. ``(IV) The ecological significance of that portion of the range affected by the conservation plan or agreement. ``(V) The level of knowledge about the affected species and the degree of specificity of the species' conservation program under the conservation plan or agreement. ``(VI) Whether failure to adopt additional conservation measures would appreciably reduce the likelihood of survival and recovery of the affected species in the wild. ``(iv) The Secretary shall-- ``(I) present a record of the analyses of the status of unforeseen circumstances to the permittee before requiring any additional conservation or mitigation measures of the permittee or agreement party under clause (ii); and ``(II) include in the record a qualitative and quantitative analysis of each of the factors specified in subclauses (I) through (VI) of clause (iii).''. SEC. 3. CANDIDATE CONSERVATION AGREEMENTS WITH ASSURANCES. (a) Permits.--Section 10(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (3) by adding at the end the following: ``(C) any taking incidental to, and not the purpose of, the carrying out of an otherwise lawful activity pursuant to a candidate conservation agreement with assurances entered into under subsection (k) or a safe harbor agreement entered into under subsection (l).''. (b) Agreements.--Section 10 of such Act (16 U.S.C. 1539) is amended by adding at the end the following: ``(k) Candidate Conservation Agreements.-- ``(1) In general.--At the request of any non-Federal person, the Secretary may enter into a candidate conservation agreement with assurances with the person for a species that has been proposed for listing under section 4(c)(1), is a candidate species, or is likely to be considered for listing in the near future on areas where the person has a fee simple, leasehold, or other property interest (including water or other natural resources) sufficient to carry out the proposed management activities, including on lands or waters under Federal ownership or control. ``(2) Review by the secretary.-- ``(A) Submission to the secretary.--A non-Federal person may submit a candidate conservation agreement with assurances developed under paragraph (1) to the Secretary for review at any time prior to the listing described in section 4(c)(1) of a species that is the subject of the agreement. ``(B) Criteria for approval.--The Secretary may approve an agreement and issue a permit under subsection (a)(1)(C) for the agreement if, after notice and opportunity for public comment, the Secretary finds that-- ``(i) for species proposed for listing, candidates for listing, or are likely to be considered for listing in the near future, that are included in the agreement, the actions taken under the agreement, would provide a beneficial contribution to the conservation of the species or its habitat during the duration of the agreement; ``(ii) the actions taken under the agreement will not appreciably reduce the likelihood of survival and recovery of an endangered species or a threatened species; and ``(iii) the agreement includes such monitoring and reporting requirements as reasonably necessary for determining whether the terms and conditions of the agreement are being complied with. ``(3) Effective date of permit.--A permit issued under subsection (a)(1)(C) shall take effect at the time the species is listed pursuant to section 4(c), if the permittee is in full compliance with the terms and conditions of the agreement. ``(4) Assurances.--A person who has entered into a candidate conservation agreement under this subsection, and is in compliance with the agreement, may not be required to undertake any additional measures for species covered by such agreement if the measures would require the payment of additional money, or the adoption of additional use, development, or management restrictions on any land, waters, or water-related rights that would otherwise be available under the terms of the agreement without the consent of the person entering into the agreement. The Secretary and the person entering into a candidate conservation agreement, by the terms of the agreement, shall identify-- ``(A) other modifications to the agreement; or ``(B) other additional measures; if any, that the Secretary may require under extraordinary circumstances.''. SEC. 4. SAFE HARBOR AGREEMENTS. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) (as amended by section 3) is further amended by adding at the end the following: ``(l) Safe Harbor Agreements.-- ``(1) Agreements.-- ``(A) In general.--The Secretary may enter into agreements with non-Federal persons to benefit the conservation of endangered species or threatened species by creating, restoring, or improving areas as habitat or by maintaining currently unoccupied habitat for endangered species or threatened species. Under an agreement, the Secretary shall permit the person to take endangered species or threatened species included under the agreement on lands or waters that are subject to the agreement if the taking is incidental to, and not the purpose of, carrying out of an otherwise lawful activity, except that the Secretary may not permit through an agreement any incidental taking below the baseline requirement specified pursuant to subparagraph (B). ``(B) Baseline.--For each agreement under this subsection, the Secretary shall establish a baseline requirement that is mutually agreed on by the applicant and the Secretary at the time of the agreement that will, at a minimum, maintain existing conditions for the species covered by the agreement on lands and waters that are subject to the agreement. The baseline may be expressed in terms of the abundance or distribution of endangered or threatened species, quantity or quality of habitat, or such other indicators as appropriate. ``(2) Criteria for approval.--The Secretary may approve an agreement and issue a permit under subsection (a)(1)(C) for the agreement if, after notice and opportunity for public comment, the Secretary finds that-- ``(A) the implementation of the terms of the agreement is reasonably expected to provide a beneficial contribution to the recovery of the species during the duration of the agreement; ``(B) the take will be incidental to an otherwise lawful activity and will be in accordance with the terms of the agreement; ``(C) the actions taken under the agreement will not appreciably reduce the likelihood of survival and recovery of an endangered species or threatened species; and ``(D) the agreement includes such monitoring and reporting requirements as reasonably necessary for determining whether the terms and conditions of the agreement are being complied with. ``(3) Effective date of the permit.--A permit issued under subsection (a)(1)(C) shall take effect on the day of issuance for species covered by the agreement.''. SEC. 5. FINANCIAL ASSISTANCE. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) (as amended by section (4)) is further amended by adding at the end the following: ``(m) Financial Assistance.-- ``(1) In general.--In cooperation with the States and subject to the availability of appropriations, the Secretary may provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out a candidate conservation agreement with assurances or safe harbor agreement under this subsection. ``(2) Prohibition on assistance for required activities.-- The Secretary may not provide assistance under this paragraph for any action that is required by a permit, candidate conservation agreement with assurances, or safe harbor agreement under this Act or that is otherwise required under this Act or other Federal law. ``(3) Other payments.--A grant provided to an individual private landowner under this paragraph shall be in addition to, and not affect, the total amount of payments that the landowner is otherwise eligible to receive under Federal law.''.

Permit Reassurances Enabling Direct Improvements for Conservation, Tenants, and Species Act of 2018 or the PREDICTS Act of 2018 This bill amends the Endangered Species Act of 1973 to provide statutory authority for requirements regarding habitat conservation plans, candidate conservation agreements, and safe harbor agreements. Those plans and agreements give nonfederal property owners incentives, such as assurances regarding resource use restrictions, if the owner contributes towards the recovery or conservation of an endangered species, a threatened species, or a species that is a candidate for listing as an endangered or threatened species. Under current regulations, a habitat conservation plan is required for entities to hold an incidental take permit for a project that may result in the incidental taking of an endangered or threatened species. Under candidate conservation agreements and safe harbor agreements, property owners enter into agreements with the Department of the Interior or the Department of Commerce, as appropriate, to address the needs of endangered, threatened, or candidate species in exchange for assurances regarding resource use restrictions that might be imposed if circumstances change. Each incidental take permit, candidate conservation agreement, and safe harbor agreement must contain certain assurances governing permit revocation, changed circumstances, and unforeseen circumstances as prescribed by the bill. The departments may provide grants to individual private landowners to assist the landowners in carrying out candidate conservation agreements or safe harbor agreements.

Permit Reassurances Enabling Direct Improvements for Conservation, Tenants, and Species Act of 2018

SECTION 1. REFUNDABLE CREDIT FOR CHILD DISABILITY EDUCATION AND TRAINING EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by redesignating section 35 as section 36 and inserting after section 34 the following new section: ``SEC. 35. CHILD DISABILITY EDUCATION AND TRAINING EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid or incurred by the taxpayer during the taxable year for qualified child disability expenses. ``(b) Limitations.-- ``(1) Maximum dollar amount.--The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed $3,000. ``(2) Limitation based on adjusted gross income.-- ``(A) In general.--The amount of the credit allowable under subsection (a) (after application of paragraph (1)) shall be reduced (but not below zero) by $500 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds $150,000. ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(C) Cost-of-living adjustment.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 2002, the $150,000 amount under subparagraph (A) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding rules.--If any amount after adjustment under clause (i) is not a multiple of $1,000, such amount shall be rounded to the next lower multiple of $1,000. ``(c) Qualified Child Disability Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified child disability expenses' means amounts paid for services and equipment related to education and training of a qualified child of the taxpayer in connection with a developmental disability of such child, including-- ``(A) behavioral therapy, ``(B) speech therapy, ``(C) occupational therapy, ``(D) physical therapy, ``(E) auditory therapy, ``(F) assistive communication technology, and ``(G) such other services as the Secretary may, in consultation with the Secretary of Health and Human Services and the Secretary of Education, provide by regulation. ``(2) Developmental disability.--The term `developmental disability' has the same meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (Public Law 106-402; 114 Stat. 1682). ``(3) Qualified child.--The term `qualified child' means any individual if-- ``(A) the taxpayer is allowed a deduction under section 151 with respect to such individual for the taxable year, ``(B) such individual has not attained the age of 18 as of the close of the calendar year in which the taxable year of the taxpayer begins, and ``(C) such individual bears a relationship to the taxpayer described in section 32(c)(3)(B). ``(d) Verification Requirements.-- ``(1) Expenses must be substantiated.--Qualified child disability expenses to which subsection (a) applies may be taken into account under this section only if the taxpayer substantiates such expense in such form as the Secretary may prescribe. ``(2) Identification requirement.--No credit shall be allowed under this section with respect to any qualified child unless the taxpayer includes the name and taxpayer identification number of such qualified child on the return of tax for the taxable year. ``(e) Special Rules.-- ``(1) Denial of double benefit.-- ``(A) In general.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(B) Grants.--No credit shall be allowed under subsection (a) for any expense to the extent that funds for such expense are received under any Federal, State, or local program. ``(2) Married couples must file joint returns.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section. ``(3) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following new items: ``Sec. 35. Child disability expenses. ``Sec. 36. Overpayments of tax.''. (3) Section 1016(a) of such Code 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: ``(28) in the case of property with respect to which a credit was allowed under section 35, to the extent provided in section 35(e)(3).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Amends the Internal Revenue Code to allow a tax credit for up to $3,000 of the amount paid or incurred by the taxpayer during the taxable year for qualified child disability expenses for services and equipment related to education and training of a child of the taxpayer with a developmental disability, including behavioral therapy, speech therapy, occupational therapy, physical therapy, auditory therapy, assistive communication technology, and other related services. Phases out the credit by $500 increments per $1,000 of modified adjusted gross income over $150,000.

A bill to amend the Internal Revenue Code of 1986 to provide a refundable credit against tax with respect to education and training of developmentally disabled children.

SECTION 1. FINDINGS. Congress finds the following: (1) Since 1948, the United States, Greece, and the international community at large have recognized Israel's right to exist and to defend itself and conduct legitimate self- defense. (2) Since 2001, Hamas, the Palestinian Islamic Jihad and the other Palestinian terrorist organizations operating in the Gaza Strip and supported by Iran and Syria have launched over 10,000 rockets into Israeli civilian populations and across Israeli territory. (3) Since the beginning of 2010, Israel has provided over 100,000 tons of aid to the people living in Gaza. (4) Israel's blockade is acknowledged by the United States as necessary and legal given Hamas' control of Gaza, intention to secure greater weaponry for aggressive purposes and open desire to destroy Israel. (5) According to sources, the United Nations-commissioned Palmer Report which was released on July 7, 2011, concludes that the Israeli naval blockade on Gaza is legal and is in accordance with international law. (6) The Israeli Government has repeatedly indicated that any desire to provide humanitarian materiel to Gaza can be done through the port of Ashdod then delivered to Gaza by land. (7) Recent past history has suggested that the sole intent of the flotillas is to provoke an Israeli military response in the international waters of the eastern Mediterranean Sea. (8) The Central Intelligence Agency and the Department of the Treasury have determined that flotilla organizers Free Gaza and the Insan Hak ve Hurriyetleri ve Insani Yardim Vakfi (IHH), an Islamic nongovernmental organization (known in English as the Foundation for Human Rights and Freedoms and Humanitarian Relief), have known terrorist ties. (9) In 2010, IHH organized a flotilla that included the ship Mavi Marmara carrying 40 IHH members, including Fatima Mahmadi, Ken O'Keefe, Hassan Iynasi, Hussein Urosh, Ahmad Umimon, and others with known links to Al Qaeda, Hamas, and other terrorist organizations who were armed with 100 metal rods, 200 knives, 150 military self-defense vests, 50 wooden clubs, gas masks, and a telescopic sight for a gun. (10) The explicit objective of the Gaza Flotilla organizers that set sail in 2010 was to breach Israel's coastal security by breaking the lawful and legitimate Israeli maritime security perimeter around the Gaza Strip. (11) According to a June 7, 2010, report by the Intelligence and Terrorism Information Center (known by its Hebrew acronym MALAM), based on security interviews of the Gaza Flotilla participants, at least 40 of the 500 passengers aboard the Mavi Marmara vessel were IHH operatives who boarded the ship in an Istanbul port prior to the security checks conducted at the port in Antalya, Turkey, to which the other passengers, mostly humanitarian volunteers, were subject. (12) According to this Intelligence and Terrorism Information Center report, these IHH activists were equipped with communications equipment, flak jackets, and gas masks. (13) The group operated with a clear internal hierarchy, with specific activists nominated as fighting commanders and who turned the upper deck of the Mavi Marmara into its headquarters, blocking it off to other passengers. (14) In the most recent organization of a Gaza flotilla, Greece worked with the Israeli Government in order to prohibit any violations of Israel's legal blockade of Gaza. (15) Greece has proven itself to be a strategic partner and ally of the United States in anchoring political stability and advancing economic development in the Balkan and Black Sea regions of southeast Europe and Eurasia, in the Middle East and northern Africa, and throughout the eastern Mediterranean Sea. (16) Greece is an active participant in peacekeeping and peace-building operations conducted by international organizations, including the United Nations, the North Atlantic Treaty Organization (NATO), the European Union (EU), and the Organization for Security and Cooperation in Europe (OSCE). (17) Greece acted without hesitation in prohibiting any Greek-flagged or foreign-flagged vessels from setting sail out of Greek ports into the water of the Gaza naval blockade. (18) Pursuant to a decision by the Minister of Citizen Protection, Mr. C. Papoutsis, the departure of ships with Greek and foreign flags from Greek ports to Gaza was prohibited on July 1, 2011, and the Hellenic Coast Guard ordered that all appropriate measures be taken for the implementation of such decision. (19) The Greek Government worked diligently to ensure the safety of even the organizers of the flotilla knowing that their reckless, irresponsible, and provocative acts against a sovereign country engaged in self-defense could result in great bodily harm or even death to themselves and other individuals. (20) The Greek Government took more extraordinary measures to ensure that the broader maritime area of the eastern Mediterranean Sea would be continuously monitored by electronic means for tracking, where applicable, the movements of the ships allegedly participating in such an illegal campaign. (21) Greek authorities boarded ships and took into custody several individuals, including Captain John Klusmire of the ship Audacity of Hope as it violated Greek Coast Guard orders by setting sail without permission. (22) Greek authorities acted in accordance with the recommendation of the Quartet--the United States, the European Union, the United States and Russia--as it urged countries to prohibit Gaza-bound flotillas that would serve solely to escalate tension in the Middle East. SEC. 2. DECLARATION OF CONGRESS. Congress-- (1) notes the important role that Greece has played in the wider European, Eurasian, and Middle Eastern regions, and in the community of nations by promoting, peace, freedom, democracy, and security; and (2) stands behind Israel for its sovereign right to defend its citizens and its territory, and specifically for its actions to prevent the import of offensive weaponry into the hands of Hamas, Palestinian Jihad, and other terrorist organizations in the Gaza Strip. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the United States should take appropriate diplomatic steps to express gratitude to Greece for upholding the rule of law in preventing hostile forces from violating a legal naval blockade of Gaza by Israel and thereby advancing the security of its ally Israel. SEC. 4. REPORT. (a) In General.--Not later than six months after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on whether any support organization that participated in the planning or execution of the recent Gaza flotilla attempt should be designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (b) Contents.--The report required under subsection (a) shall include information on the following: (1) The sources of any logistical, technical, or financial support for the Gaza flotilla ships, including the Audacity of Hope, that were set to set sail from Greece on July 1, 2011. (2) Any actions taken by the Department of State to express support and gratitude for the principled stance taken by the Government of Greece to prevent the recent Gaza flotilla attempt to violate Israel's lawful blockade of Gaza.

Expresses the sense of Congress that the United States should take diplomatic steps to express gratitude to Greece for upholding the rule of law in preventing hostile forces from violating a legal naval blockade of Gaza by Israel and thereby advancing the security of its ally Israel. Directs the Secretary of State to report to Congress on whether any support organization that participated in the planning or execution of the recent Gaza flotilla attempt should be designated as a foreign terrorist organization.

To direct the Secretary of State to submit a report on whether any support organization that participated in the planning or execution of the recent Gaza flotilla attempt should be designated as a foreign terrorist organization and any actions taken by the Department of State to express gratitude to the government of Greece for preventing the Gaza flotilla from setting sail in contravention of Israel's legal blockade of Gaza, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reigniting Opportunity for Innovators Act''. SEC. 2. SMALL BUSINESS STARTUP FOUNDER AND EMPLOYEE LOAN DEFERMENT AND CANCELLATION. (a) Deferment Without Interest Accrual for Small Business Startup Founders and Employees.--Section 455(f) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) is amended by adding at the end the following: ``(5) Deferment without interest accrual for small business startup founders and employees.-- ``(A) In general.--Subject to subparagraph (B), a qualifying small business startup borrower shall be eligible for a deferment, during which periodic installments of principal need not be paid and interest shall not accrue, during any period while the borrower is employed as a founder or full-time employee of a small business startup. ``(B) Limitations.--A qualifying small business startup borrower shall not receive a deferment under this paragraph for any period-- ``(i) in excess of 3 years; or ``(ii) that begins more than 5 years, or ends more than 8 years, after the date the small business startup was established (as determined by the small business development center that approved such borrower under section 21(o)(5) of the Small Business Act (15 U.S.C. 648(o)(5))). ``(C) Definitions.--In this paragraph-- ``(i) the terms `founder', `full-time employee', and `small business startup' have the meanings given the terms in subsection (r)(2); and ``(ii) the term `qualifying small business startup borrower' means a borrower of a loan made under this part whose employment as a small business startup founder or full-time employee is approved by a small business development center under section 21(o)(5) of the Small Business Act (15 U.S.C. 648(o)(5)).''. (b) Loan Cancellation.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Loan Cancellation for Founders and Employees of Small Business Startups in Distressed Areas.-- ``(1) Loan cancellation.-- ``(A) In general.--The Secretary shall cancel the balance of interest and principal due, subject to subparagraph (B), on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) at the time of such cancellation, is employed as a founder or full-time employee of a small business startup in a distressed area who-- ``(I) has been approved for loan cancellation by a small business development center under section 21(o)(6) of the Small Business Act (15 U.S.C. 648(o)(6)); and ``(II) began such employment during the 5-year period beginning on the date that the small business startup was established (as determined by such small business development center); and ``(ii) during the time period for which the borrower has been approved by the small business development center, which in no case shall be more than 10 years after the date on which the small business startup was established, has made 24 monthly payments on the eligible Federal Direct Loan pursuant to any repayment plan under subsection (d)(1) or a combination of such plans while so employed. ``(B) Loan cancellation maximum.--The Secretary shall cancel under this subsection not more than an aggregate of $20,000 of the loan obligation on the eligible Federal Direct Loans of a borrower. ``(C) Timing requirements.--Each of the 24 monthly payments required under this subsection shall be made after the date of enactment of this subsection. ``(D) Ineligibility for double benefits.--No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and-- ``(i) subsection (m); or ``(ii) section 428J, 428K, 428L, or 460. ``(2) Definitions.--In this subsection: ``(A) Distressed area.--The term `distressed area' has the meaning given the term in section 21(o)(1) of the Small Business Act (15 U.S.C. 648(o)(1)). ``(B) Eligible federal direct loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan. ``(C) Founder; full-time employee.--The terms `founder' and `full-time employee' have the meanings given the terms in section 21(o)(1) of the Small Business Act (15 U.S.C. 648(o)(1)). ``(D) Small business startup.--The term `small business startup' means a business that is certified by a small business development center under section 21(o)(3) of the Small Business Act (15 U.S.C. 648(o)(3)).''. (c) Conforming Amendments.--Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) is further amended-- (1) in section 428J(g)(2), by striking ``section 455(m)'' and inserting ``subsection (m) or (r) of section 455''; (2) in section 428K(f)-- (A) by inserting ``subsection (m) or (r) of section 455 or'' before ``section 428J''; and (B) by striking ``455(m)''; (3) in section 428L(g), by striking ``455(m)'' and inserting ``subsection (m) or (r) of section 455''; (4) in section 455(m)(4), by inserting ``subsection (r) or'' before ``section 428J''; and (5) in section 460(g)(2)(B), by striking ``section 455(m)'' and inserting ``subsection (m) or (r) of section 455''. SEC. 3. SMALL BUSINESS DEVELOPMENT CENTERS. Section 21 of the Small Business Act (15 U.S.C. 648) is amended-- (1) in subsection (c)(3)-- (A) in subparagraph (S), by striking ``and'' at the end; (B) in subparagraph (T), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(U) certifying small business startups under subsection (o)(3); and ``(V) approving loan deferment or cancellation under paragraph (5) or (6) of subsection (o) for founders and full- time employees of certain small business startups.''; and (2) by adding at the end the following: ``(o) Deferment or Cancellation of Certain Loans.-- ``(1) Definitions.--In this subsection-- ``(A) the term `distressed area' has the meaning given the term `low-income community' in section 45D(e) of the Internal Revenue Code of 1986; ``(B) the term `eligible Federal Direct Loan' has the meaning given the term in section 455(r)(2) of the Higher Education Act of 1965; ``(C) the terms `founder' and `full-time employee', with respect to a small business startup, have the meanings given the terms by the Administrator; and ``(D) the term `small business startup' means a small business concern that, as of the date that the small business concern submits an application under paragraph (3), has been in existence for not more than 3 years. ``(2) Role of small business development centers.--Any small business development center may, for purposes of eligible Federal Direct Loan deferment or cancellation under subsection (f)(5) or (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e)-- ``(A) certify a small business startup under paragraph (3); and ``(B) approve eligible Federal Direct Loan deferment or cancellation for a founder or full-time employee of a qualifying small business startup under paragraph (5) or (6). ``(3) Certification.--In order to be certified by a small business development center, a small business startup shall submit to the small business development center an application that includes-- ``(A) a 5-year business plan for the small business startup; ``(B) the number of employees that the small business startup intends to employ on an annual basis; and ``(C) information that demonstrates that the small business startup has the potential for success. ``(4) Publication of distressed areas.--The Administrator shall identify and make publicly available on the website of the Administration a list of distressed areas. ``(5) Loan deferment for founders and full-time employees of a small business startup.-- ``(A) Application.--In order to be approved by a small business development center for eligible Federal Direct Loan deferment under subsection (f)(5) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e), a borrower of an eligible Federal Direct Loan shall submit to the small business development center an application that includes such information as the Administrator may require. ``(B) Requirements.--A small business development center shall approve a borrower who applies under subparagraph (A) for eligible Federal Direct Loan deferment if the small business development center determines that-- ``(i) the borrower is, as of the date of the application, a founder or full-time employee of a small business startup that is certified under paragraph (3); and ``(ii) the employment of the borrower with the small business startup began during the 5- year period beginning on the date on which the small business startup was established. ``(6) Loan cancellation for founders and full-time employees of a small business startup in a distressed area.-- ``(A) Application.--In order to be approved by a small business development center for eligible Federal Direct Loan cancellation under subsection (r) of section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e), a borrower of an eligible Federal Direct Loan shall submit to the small business development center an application that includes such information as the Administrator may require, including an identification of the time period during which the borrower has made 24 monthly payments on the eligible Federal Direct Loan, as required under subparagraphs (A)(ii) and (C) of paragraph (1) of such subsection (r). ``(B) Requirements.--A small business development center shall approve a borrower who applies under subparagraph (A) for eligible Federal Direct Loan cancellation if the small business development center determines that the borrower-- ``(i) as of the date of the application, is employed as a founder or full-time employee of a small business startup that-- ``(I) is located in an area that was a distressed area when the small business startup was established; ``(II) is certified under paragraph (3) by the small business development center; and ``(III) as of the date that the small business development center approves the borrower under this paragraph, has been operating continuously for not less than 5 years and not more than 10 years; and ``(ii) was employed as a founder or a full- time employee by a small business startup described in clause (i) during a period beginning not more than 5 years after the date on which the small business startup was established, as identified by the borrower under subparagraph (A).''.

Reigniting Opportunity for Innovators Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to make qualified founders and full-time employees of small business start-ups eligible for deferring for up to three years their loans under the federal Direct Loan program. If the start-up is located in an economically distressed area, qualified founders and employees are also eligible for loan cancellation of up to $20,000 under that program.

Reigniting Opportunity for Innovators Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Joining Forces for Military Mental Health Act''. SEC. 2. PILOT PROGRAM ON ENHANCEMENTS OF DEPARTMENT OF DEFENSE EFFORTS ON MENTAL HEALTH IN THE NATIONAL GUARD AND RESERVES THROUGH COMMUNITY PARTNERSHIPS. (a) Pilot Program Authorized.-- (1) In general.--The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of enhancing the efforts of the Department of Defense in research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury (TBI) in members of the National Guard and Reserves, their family members, and their caregivers through community partners described in subsection (c). (2) Duration.--The duration of the pilot program may not exceed three years. (b) Grants.--In carrying out the pilot program, the Secretary may award not more than five grants to community partners described in subsection (c). Any grant so awarded shall be awarded using a competitive and merit-based award process. (c) Community Partners.--A community partner described in this subsection is a private non-profit organization or institution (or multiple organizations and institutions) that-- (1) engages in each of the research, treatment, education, and outreach activities described in subsection (d); and (2) meets such qualifications for treatment as a community partner as the Secretary shall establish for purposes of the pilot program. (d) Activities.--Amounts awarded under a grant under the pilot program shall be utilized by the community partner awarded the grant for one or more of the following: (1) To engage in research on the causes, development, and innovative treatment of mental health and substance use disorders and Traumatic Brain Injury in members of the National Guard and Reserves, their family members, and their caregivers. (2) To provide treatment to such members and their families for such mental health and substance use disorders and Traumatic Brain Injury. (3) To identify and disseminate evidence-based treatments of mental health and substance use disorders and Traumatic Brain Injury described in paragraph (1). (4) To provide outreach and education to such members, their families and caregivers, and the public about mental health and substance use disorders and Traumatic Brain Injury described in paragraph (1). (e) Requirement for Matching Funds.-- (1) Requirement.--The Secretary may award a grant under this section to an organization or institution (or organizations and institutions) only if the awardee agrees to make contributions toward the costs of activities carried out with the grant, from non-Federal sources (whether public or private), an amount equal to not less than $3 for each $1 of funds provided under the grant. (2) Nature of non-federal contributions.--Contributions from non-Federal sources for purposes of paragraph (1) may be in cash or in-kind, fairly evaluated. 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 contributions from non- Federal sources for such purposes. (f) Application.--An organization or institution (or organizations and institutions) seeking a grant under this section shall submit to the Secretary an application therefore in such a form and containing such information as the Secretary considers appropriate, including the following: (1) A description how the activities proposed to be carried out with the grant will help improve collaboration and coordination on research initiatives, treatment, and education and outreach on mental health and substance use disorders and Traumatic Brain Injury among the Armed Forces. (2) A description of existing efforts by the applicant to put the research described in (c)(1) into practice. (3) If the application comes from multiple organizations and institutions, how the activities proposed to be carried out with the grant would improve coordination and collaboration among such organizations and institutions. (4) If the applicant proposes to provide services or treatment to members of the Armed Forces or family members using grant amounts, reasonable assurances that such services or treatment will be provided by a qualified provider. (5) Plans to comply with subsection (g). (g) Exchange of Medical and Clinical Information.--A community partner awarded a grant under the pilot program shall agree to any requirements for the sharing of medical or clinical information obtained pursuant to the grant that the Secretary shall establish for purposes of the pilot program. The exchange of medical or clinical information pursuant to this subsection shall comply with applicable privacy and confidentiality laws. (h) Dissemination of Information.--The Secretary of Defense shall share with the Secretary of Veterans Affairs information on best practices in research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury identified by the Secretary of Defense as a result of the pilot program. (i) Report.--Not later than 180 days before the completion of the pilot program, the Secretary of Defense shall submit to the Secretary of Veterans Affairs, and to Congress, a report on the pilot program. The report shall include the following: (1) A description of the pilot program, including the community partners awarded grants under the pilot program, the amount of grants so awarded, and the activities carried out using such grant amounts. (2) A description of any research efforts advanced using such grant amounts. (3) The number of members of the National Guard and Reserves provided treatment or services by community partners using such grant amounts, and a summary of the types of treatment and services so provided. (4) A description of the education and outreach activities undertaken using such grant amounts. (5) A description of efforts to exchange clinical information under subsection (g). (6) A description and assessment of the effectiveness and achievements of the pilot program with respect to research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury. (7) Such recommendations as the Secretary of Defense considers appropriate in light of the pilot program on the utilization of organizations and institutions such as community partners under the pilot program in efforts of the Department described in subsection (a). (8) A description of the metrics used by the Secretary in making recommendations under paragraph (7). (j) Available Funds.--Funds for the pilot program shall be derived from amounts authorized to be appropriated for the Department of Defense for Defense Health Program and otherwise available for obligation and expenditure. (k) Definitions.--In this section, the terms ``family member'' and ``caregiver'', in the case of a member of the National Guard or Reserves, have the meaning given such terms in section 1720G(d) of title 38, United States Code, with respect to a veteran.

Joining Forces for Military Mental Health Act - Authorizes the Secretary of Defense, through community partnerships with private nonprofit organizations, to carry out a three-year pilot program assessing the enhancement of Department of Defense (DOD) efforts in research, treatment, education, and outreach on mental health and substance use disorders and Traumatic Brain Injury (TBI) in members of the National Guard and Reserves and their family members and caregivers. Allows the Secretary, using a competitive or merit-based award process, to award up to five grants to such community partners, provided that the awardee agrees to make matching contributions from nonfederal sources (whether public or private) of at least $3 for each $1 provided under the grant. Requires grant-seeking organizations to submit an application including a description of proposed collaboration initiatives and existing research efforts.

A bill to authorize a pilot program on enhancements of Department of Defense efforts on mental health in the National Guard and Reserves through community partnerships, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cormorant Management and Natural Resources Protection Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The current permitting system is not sufficient to achieve a streamlined control of excessive cormorant populations. (2) Excessive cormorant populations cause damage to ecosystems. (3) Excessive cormorant populations pose public health and safety concerns. (4) Excessive cormorant populations pose an unsightly, loud, and olfactory nuisance. (5) Excessive cormorant populations can have a detrimental effect on fish populations. (6) Excessive cormorant populations displace native species from their habitats. (7) Cormorant excrement in colonies often kills vegetation. SEC. 3. DELEGATION TO STATES OF AUTHORITY UNDER MIGRATORY BIRD TREATY ACT WITH RESPECT TO CORMORANTS. (a) Delegation of Authority.--Section 7 of the Migratory Bird Treaty Act (16 U.S.C. 708) is amended-- (1) by inserting ``(a) Preservation of State Authority.--'' before the first sentence; and (2) by adding at the end the following: ``(b) Delegation to States of Authority With Respect to Cormorants.-- ``(1) In general.--The authority of the Secretary under this Act with respect to cormorants in a State is hereby delegated to the governor of the State effective on the date on which the Secretary approves a management plan for cormorants in the State that is submitted by the governor. ``(2) Approval or disapproval of management plan.-- ``(A) In general.--The Secretary shall approve or disapprove a management plan submitted under this subsection by not later than the end of the 60-day period beginning on the date the plan is submitted. ``(B) Requirement to approve.--The Secretary shall approve a management plan submitted under this subsection if the plan is in accordance with United States obligations under treaties and Federal law. ``(C) Disapproval of plan.--If the Secretary disapproves a management plan under this subsection the Secretary shall provide to the governor who submitted the plan the reasons for the disapproval and an opportunity to revise and resubmit the plan. ``(D) Plan deemed approved.--Except as provided in subparagraph (E), if the Secretary does not approve or disapprove a management plan before the end of the period referred to in paragraph (1) the Secretary is deemed to have approved the plan. ``(E) Limitation on approval.--A management plan shall not be approved under this paragraph if the plan is found to be in violation of United States obligations under treaties and Federal law. ``(F) Review of approved plans.--The Secretary-- ``(i) shall review every 5 years each management plan approved for a State under this subsection and the State governor's exercise of authority delegated under this subsection; and ``(ii) may revoke such approval and delegation if, based on such review, the Secretary determines that the plan or the governor's exercise of authority delegated under this subsection is not in accordance with this Act or any treaty implemented by this Act. ``(3) Relationship between approved plan and regulations.-- A management plan that is approved for a State under this subsection shall apply in that State with respect to management of cormorants, in lieu of regulations issued under this Act. ``(4) Compliance with treaties and federal law.--In exercising authority delegated under this subsection the governor of a State shall comply with this Act and all treaties implemented by this Act. ``(5) Relationship to other authority.--Nothing in this subsection limits the authority of the Secretary or any Federal agency to exercise authority under any Federal law to assist a State, upon request by the governor of the State, with control of cormorants. ``(6) Cormorant defined.--In this subsection the term `cormorant' means the double-crested cormorant (Phalacrocorax auritus).''. (b) Cooperation To Prevent Cormorant Proliferation.-- (1) Department of interior cooperation.--The Secretary of the Interior, acting in consultation with the National Aquaculture Information Center and the Animal and Plant Health Inspection Service, shall conduct educational and informational activities for the owners and operators of aquaculture facilities to improve their efforts to prevent cormorants from consuming aquatic species being reared in aquaculture facilities, which contributes to the proliferation of cormorants. (2) Other efforts.--Nothing in this subsection restricts the authority of other Federal or State wildlife or natural resource management agencies to cooperate with the owners and operators of aquaculture facilities regarding the management and control of cormorants to prevent their proliferation. (3) Cormorant defined.--In this subsection, the term ``cormorant'' means the double-crested cormorant (Phalacrocorax auritus).

Cormorant Management and Natural Resources Protection Act - Amends the Migratory Bird Treaty Act to delegate the authority of the Secretary of the Interior under such Act with respect to double-crested cormorants (Phalacrocorax auritus) to a state on the date the Secretary approves a cormorant management plan submitted by such state. Requires the Secretary to: (1) approve or disapprove a management plan within 60 days of the plan's submission, (2) approve such plan if it is in accordance with U.S. obligations under treaties and federal law, (3) provide to the relevant governor the reasons for disapproving a plan and an opportunity to revise and resubmit the plan, (4) review each approved state management plan every five years, and (5) revoke such approval and delegation if the plan or the governor's exercise of delegated authority is not in accordance with such Act or any treaty implemented by such Act. Deems a management plan approved if the Secretary doesn't approve or disapprove it within 60 days after submission. Applies an approved management plan in lieu of regulations issued under such Act. Requires the Secretary to conduct educational and informational activities for the owners and operators of aquaculture facilities to improve their efforts to prevent cormorants from consuming aquatic species being reared in such facilities.

To amend the Migratory Bird Treaty Act to delegate to States the authorities of the Secretary of the Interior under that Act with respect to cormorants, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Off-Reservation Land Acquisition Guidance Act''. SEC. 2. OFF-RESERVATION LAND ACQUISITION GUIDANCE. (a) Definition of Off-Reservation Land.--In this Act, the term ``off-reservation land'' means land that is-- (1) located outside of, and noncontiguous to, the reservation of an Indian tribe; (2) likely to qualify for, result in, or be associated with the development of an Indian gaming facility; and (3) located beyond a reasonable commuting distance from the reservation of that Indian tribe. (b) Procedure.--Before determining whether to take off-reservation land into trust for the benefit of an Indian tribe under section 5 of the Act of June 18, 1934 (25 U.S.C. 465) (commonly known as the ``Indian Reorganization Act''), the Secretary shall evaluate-- (1) the anticipated benefits to the Indian tribe associated with taking the off-reservation land into trust; and (2) any concerns raised by applicable State and local governments relating to the acquisition of the off-reservation land. (c) Evaluation.-- (1) Benefit to tribe.--In evaluating the anticipated benefits to the Indian tribe of taking a parcel of off- reservation land into trust, the Secretary shall prepare a report that includes an assessment of-- (A) the impacts of taking the applicable off- reservation land into trust on the on-reservation unemployment rate; (B) the impacts of taking the applicable off- reservation land into trust on reservation life and tribal membership if the members, dependents, and descendants of the Indian tribe relocate to the off- reservation land or adjacent communities; (C) the specific on-reservation benefits of taking the off-reservation land into trust, including an assessment of whether on-reservation jobs will be created and, if so, the quantity of jobs expected to be created; and (D) whether the tribal government can efficiently exercise the governmental and regulatory responsibilities of the tribal government if a gaming facility is constructed on the off-reservation land. (2) State and local concerns.--In evaluating any concerns raised by applicable State and local governments relating to taking a parcel of off-reservation land into trust, the Secretary shall prepare a report that includes an assessment of-- (A) whether the transfer of jurisdiction to the Indian tribe over the parcel is likely to disrupt established local governmental operations; (B) potential impacts on real property taxes and special assessments on adjacent land and property, including any impact on State and local governments resulting from the exemption of the parcel from the taxation; (C) whether the Indian tribe has submitted intergovernmental agreements necessary to address State and local government concerns, including agreements regarding law enforcement jurisdiction on the parcel; (D) the compatibility of the anticipated use of the land with the zoning and land use requirements of the applicable State and local governments; (E) traffic, noise, and other negative effects on development associated with, or generated by, the anticipated use of the land, including any impact on local water resources and water and wastewater infrastructure; and (F) any potential incompatible use between the anticipated use of the land and adjacent or contiguous land zoned or used for-- (i) national parks; (ii) national monuments; (iii) conservation areas; (iv) national fish and wildlife refuges; (v) daycare centers; (vi) schools; (vii) churches; or (viii) residential developments. (d) Submission From Indian Tribe.--The Indian tribe requesting off- reservation land to be taken into trust under section 5 of the Act of June 18, 1934 (25 U.S.C. 465) (commonly known as the ``Indian Reorganization Act'') shall disclose and submit to the Secretary-- (1) any plan, contract, agreement, or other information relating to the use, or intended use, of the off-reservation land by the Indian tribe, along with written documentation of the plan, contract, or agreement; (2) a request for a written opinion from the Office of Indian Gaming that the off-reservation land is eligible for gaming; and (3) any other information the Secretary requires in determining whether to take the off-reservation land into trust for the benefit of the Indian tribe. (e) Applicability.--The Secretary shall not take the applicable off-reservation land into trust under section 5 of the Act of June 18, 1934 (25 U.S.C. 45) (commonly known as the ``Indian Reorganization Act''), unless the Secretary determines that-- (1) the Indian tribe has adequately addressed the concerns identified in the written assessments under subsection (c)(2); (2) the Indian tribe has provided the information required under subsection (d); and (3) the proposed use of the land by the Indian tribe is compatible with State and local requirements for planning and zoning and public health and safety. SEC. 3. STAY OF DECISIONMAKING. (a) In General.--Unless explicitly required by an Act of Congress, the Secretary shall not approve any application for taking off- reservation land into trust that is pending on the date of enactment of this Act until the date on which the Secretary promulgates regulations to carry out this Act. (b) Future Effect.--All applications for taking off-reservation land into trust that are pending on the date of enactment of this Act shall be subject to the provisions of the regulations described in subsection (a).

Off-Reservation Land Acquisition Guidance Act - Directs the Secretary of the Interior to consider anticipated tribal benefits and applicable state and local government concerns before taking off-reservation land into trust for Indian tribes. Defines "off-reservation land" as land that is beyond a reasonable commuting distance from the applicable tribe's reservation and likely to be used for gaming. Requires an Indian tribe requesting that such land be taken into trust for the tribe to disclose and submit to the Secretary: (1) any plan, contract, agreement, or other information relating to the use, or intended use, of such land by the tribe; (2) a request for a written opinion from the Office of Indian Gaming that the land is eligible for gaming; and (3) any other information the Secretary requires in rendering a decision. Requires a tribe's proposed use of the land to be compatible with state and local planning and zoning, and public health and safety requirements. Directs the Secretary to promulgate regulations to carry out this Act before approving any application to take off-reservation land into trust for Indian tribes.

A bill to clarify the responsibilities of the Secretary of the Interior in making a determination whether to take off-reservation land into trust for gaming purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Creation and Affordable Housing Act of 2010''. SEC. 2. GRANTS TO STATES FOR LOW-INCOME HOUSING PROJECTS IN LIEU OF LOW-INCOME HOUSING CREDITS FOR BOND-SUBSIDIZED HOUSING PROJECTS. (a) In General.--The Secretary of the Treasury shall make a grant to each State in an amount equal to such State's low-income bond- subsidized housing election amount. (b) Low-Income Bond-Subsidized Housing Election Amount.--For purposes of this section-- (1) In general.--The term ``low-income bond-subsidized housing election amount'' means, with respect to any State, such amount as the State may elect which does not exceed 85 percent of the State's bond-subsidized credit amount. (2) Bond-subsidized credit amount.--The term ``bond- subsidized credit amount'' means, with respect to any State, the aggregate amount of low-income housing credits which the State determines would, but for section 42(i)(9) of the Internal Revenue Code of 1986, be awarded under section 42(h)(4)(B) of such Code times 10 with respect to qualified low-income buildings receiving an allocation of qualified residential rental project bonds of such State during 2010. (3) Qualified residential rental project bonds.--The term ``qualified residential rental project bond'' means, with respect to any State, any qualified bond (as defined in section 141(e) of the Internal Revenue Code of 1986) if such bond-- (A) is issued as part of an issue 95 percent or more of the net proceeds of which are to be used to provide qualified residential rental projects (within the meaning of section 142 of such Code), and (B) is taken into account under section 146 of such Code with respect to the State ceiling applicable to such State. (c) Subawards for Low-Income Buildings.-- (1) In general.--A State receiving a grant under this section shall use such grant to make subawards to finance the construction or acquisition and rehabilitation of qualified low-income buildings which have received the corresponding allocation of qualified residential rental project bonds referred to in subsection (b)(2). (2) Subawards subject to same requirements as low-income housing credit allocations.--Any such subaward with respect to any qualified low-income building may be in the form of a grant or a loan of any duration and shall be made in the same manner and shall be subject to the same limitations (including rent, income, and use restrictions on such building) as an allocation of housing credit dollar amount allocated by the State housing credit agency of such State under section 42 of the Internal Revenue Code of 1986, except that such subawards shall not be limited by, or otherwise affect, the State housing credit ceiling applicable to such agency. (3) Compliance and asset management.--A State receiving a grant under this section shall perform asset management functions to ensure compliance with section 42 of the Internal Revenue Code of 1986 and the long-term viability of buildings funded by any subaward under this section. A State may collect reasonable fees from a subaward recipient to cover expenses associated with the performance of its duties under this paragraph, including the reasonable costs of administering such subawards. A State may retain an agent or other private contractor to satisfy the requirements of this paragraph. (4) Recapture.--A State receiving a grant under this section shall impose conditions or restrictions, including a requirement providing for recapture, on any subaward under this section so as to assure that the building with respect to which such subaward is made remains a qualified low-income building during the compliance period. Any amounts of recapture shall be proportional to the length of time of the noncompliance compared to the 15-year compliance period and the percentage of qualified basis out of compliance compared to the total qualified basis. Any such recapture shall be payable to the Secretary of the Treasury for deposit in the general fund of the Treasury and may be enforced by means of liens or such other methods as the Secretary of the Treasury determines appropriate. A State housing credit agency may subordinate any such lien (or other security interest) to other loans made by third parties. (d) Reallocation of Bond Authority.--A State housing credit agency shall establish a process in which applicants that are allocated bonds and receive a subaward pursuant to subsection (c) are required to demonstrate good faith efforts to obtain purchasers for such bonds. If a subawardee is unable to obtain purchasers or if the State makes a determination that reallocation of bond authority will increase the total funds available to the State to build and rehabilitate affordable housing, a subawardee may return its bond allocation to the State without affecting its subaward under subsection (c) and the State may reallocate such bond authority only for qualified residential rental projects. Reallocated bonds shall not be taken into account for purposes of determining eligibility for low-income housing credits under section 42(h)(4) of the Internal Revenue Code of 1986 or for purposes of determining eligibility for grants under subsection (c). (e) Return of Unused Grant Funds.--Any grant funds not used to make subawards under this section before January 1, 2012, shall be returned to the Secretary of the Treasury on such date. The portion of any subaward which is not disbursed before such date shall be returned to the Secretary of the Treasury on such date unless the subawardee has paid or incurred before January 1, 2012, at least 30 percent of the subawardee's total adjusted basis in land and depreciable property that is reasonably expected to be part of the low-income housing building with respect to which such subaward is made. The portion of any subaward which is not disbursed before January 1, 2013, shall be returned to the Secretary of the Treasury on such date. Any subawards returned to the State housing credit agency on or after January 1, 2012, shall be promptly returned to the Secretary of the Treasury. Any amounts returned to the Secretary of the Treasury under this subsection shall be deposited in the general fund of the Treasury. (f) Definitions.--Any term used in this section which is also used in section 42 of the Internal Revenue Code of 1986 shall have the same meaning for purposes of this section as when used in such section 42. Any reference in this section to the Secretary of the Treasury shall be treated as including the Secretary's delegate. (g) Appropriations.--There is hereby appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this section. SEC. 3. COORDINATION OF LOW-INCOME HOUSING CREDIT WITH LOW-INCOME HOUSING GRANTS. (a) In General.--Paragraph (9) of section 42(i) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraphs: ``(B) Denial of credit for bond-subsidized buildings receiving subawards with 2010 grant funds.-- No credit shall be determined under this section with respect to any qualified low-income building to the extent of the bond-subsidized credit amount determined with respect to such building under section 2 of the Job Creation and Affordable Housing Act of 2010 if any subaward is made with respect to such building under such section.''. (b) Grants and Loans Not To Reduce Basis.--Subparagraph (C) of section 42(i)(9) of such Code, as redesignated by this section, is amended by striking ``by the amount of any grant described in subparagraph (A)'' and inserting ``by reason of any grant or loan made under section 1602 of the American Recovery and Reinvestment Tax Act of 2009 or section 2 of the Job Creation and Affordable Housing Act of 2010''. (c) Exclusion of Grants From Gross Income.--Paragraph (9) of section 42(i) of such Code, as amended by this section, is amended by adding at the end the following new subparagraph: ``(D) Exclusion of grants from gross income.--Any grant made under section 1602 of the American Recovery and Reinvestment Tax Act of 2009 or section 2 of the Job Creation and Affordable Housing Act of 2010 shall not be includible in the gross income or alternative minimum taxable income of the taxpayer.''. (d) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after December 31, 2009. (2) Exclusion of grants from gross income.--The amendment made by subsection (c) shall apply to taxable years ending after December 31, 2008. SEC. 4. FIVE-YEAR CARRYBACK OF LOW-INCOME HOUSING CREDIT. (a) In General.--Subsection (a) of section 39 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) 5-year carryback of low-income housing credit.-- ``(A) In general.--In the case of an applicable low-income housing credit (within the meaning of section 38(c)(6)(C))-- ``(i) this section shall be applied separately from the business credit (other than the low-income housing credit), and ``(ii) paragraph (1) shall be applied by substituting `each of the 5 taxable years' for `the taxable year' in subparagraph (A) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007, and to carrybacks of credits from such taxable years. SEC. 5. CARRYBACK OF NEW INVESTMENTS. (a) In General.--Section 42(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Special rule for certain investments in 2010 and 2011.-- ``(A) In general.--In the case of a taxpayer who enters into an agreement described in section 38(c)(6)(D)(i)(I) (without regard to the applicable date), which satisfies the requirement of section 38(c)(6)(D)(i)(II), after December 31, 2009, and before January 1, 2012, then solely for purposes of determining the taxable year in which the low-income housing credit under this section may be taken into account for purposes of section 38, and the amount of the credit so taken into account-- ``(i) the preceding paragraphs of this subsection shall not apply, ``(ii) the credit period with respect to the housing credit dollar amount to be allocated under such agreement shall be the 1 taxable year in which the taxpayer enters into such agreement, ``(iii) subsections (b) and (c)(1) shall not apply, and ``(iv) the amount of the credit under this section which is taken into account in the taxable year described in clause (ii) shall be the housing credit dollar amount to be allocated under such agreement. ``(B) Requirements of section unaffected.--Except as provided in subparagraph (A), the provisions of this section shall apply to any building to which an agreement described in subparagraph (A) applies as if such subparagraph had not been enacted. ``(C) Recapture of excess credit.--If, at the end of the credit period with respect to any building (without regard to subparagraph (A)), the amount of the credit taken into account under subparagraph (A)(iv) with respect to such building exceeds the total amount of the credit which would have been allowed under this section with respect to such building during such credit period but for the application of subparagraph (A), then the amount of such excess shall be recaptured as if it were included in the credit recapture amount under subsection (j).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 6. ALLOWING LOW-INCOME HOUSING CREDITS TO OFFSET 100 PERCENT OF FEDERAL INCOME TAX LIABILITY. (a) In General.--Subsection (c) of section 38 is amended by adding at the end the following new paragraph: ``(6) Allowing low-income housing credit to offset 100 percent of federal income tax liability.-- ``(A) In general.--In the case of applicable low- income housing credits-- ``(i) this section shall be applied separately with respect to such credits, ``(ii) in applying paragraph (1) to such credits-- ``(I) the tentative minimum tax shall be treated as being zero, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be the net income tax (as defined in paragraph (1)) reduced by the credit allowed under subsection (a) for the taxable year (other than the applicable low-income housing credits), and ``(iii) the excess credit for such taxable year shall, solely for purposes of determining the amount of such excess credit which may be carried back to a preceding taxable year, be increased by the amount of business credit carryforwards which are carried to such taxable year, to which this subparagraph applies, and which are not allowed for such taxable year by reason of the limitation under paragraph (1) (as modified by clause (ii)). ``(B) Increase in limitation for taxable years to which excess applicable low-income housing credits are carried back.-- ``(i) In general.--Solely for purposes of determining the portion of any excess credit described in subparagraph (A)(iii) for which credit will be allowed under subsection (a)(3) for any preceding taxable year, except as provided in clause (ii), the limitation under paragraph (1) for such preceding taxable year shall be determined under rules similar to the rules described in subparagraph (A). ``(ii) Ordering rule.--If the excess credit described in subparagraph (A)(iii) includes business credit carryforwards from preceding taxable years, such excess credit shall be treated as allowed for any preceding taxable year on a first-in first-out basis. ``(C) Applicable low-income housing credits.--For purposes of this subpart, the term `applicable low- income housing credits' means the credit determined under section 42-- ``(i) to the extent attributable to buildings placed in service after the date of the enactment of this subparagraph, and ``(ii) in the case of any other buildings, for taxable years beginning in 2008, 2009, and 2010 (and to business credit carryforwards with respect to such buildings carried to such taxable years) to the extent provided in subparagraph (D). ``(D) Previously placed in service buildings.-- ``(i) In general.--Subparagraph (C)(ii) shall apply to such credits for such a taxable year only-- ``(I) if the taxpayer has entered into a binding commitment to invest equity not later than the applicable date, with respect to an investment in a future project (which is binding on the taxpayer and all successors in interest) which specifies the dollar amount of such investment, and ``(II) to the extent such credits do not exceed the dollar amount of such proposed investment. ``(ii) Applicable date.--For purposes of this subparagraph, the applicable date is-- ``(I) in the case of taxable years beginning in 2008 and 2009, September 15, 2010, or ``(II) in the case of a taxable year beginning in 2010, the due date (including extensions of time) for filing the taxpayer's return for such taxable year.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2007, and to carrybacks of credits from such taxable years.

Job Creation and Affordable Housing Act of 2010 - Directs the Secretary of the Treasury to make a grant to each state equal to such state's low-income bond-subsidized housing election amount. Defines "low-income bond-subsidized housing election amount" as an amount a state may elect which does not exceed 85% of the state's bond-subsidized credit amount for low-income buildings. Requires states to use grants to make subawards to finance the construction or acquisition and rehabilitation of qualified low-income buildings. Requires the return of grant funds not used to make such subawards before January 1, 2012. Amends the Internal Revenue Code to: (1) deny a low-income housing tax credit for bond-subsidized buildings that received a subaward under this Act; (2) allow a five-year carryback of unused low-income housing tax credit amounts and a carryback for new low-income housing investments in 2010 and 2011; and (3) allow a full offset of low-income housing tax credits against regular income tax liability.

A bill to provide grants to States for low-income housing projects in lieu of low-income housing credits, and to amend the Internal Revenue Code of 1986 to allow a 5-year carryback of the low-income housing credit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Truth and Fairness Act of 1997''. SEC. 2. BAN ON SOFT MONEY IN ELECTIONS FOR FEDERAL OFFICE. (a) Soft Money of Committees of Political Parties.--Title III of the Federal Election Campaign Act of 1971 is amended by adding at the end the following new section: ``soft money of political party committees ``Sec. 323. (a) Limitations on National Committee.--(1) A national committee of a political party and the congressional campaign committees of a political party may not solicit or accept contributions or transfers not subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Paragraph (1) shall not apply to contributions-- ``(A) that-- ``(i) are to be transferred to a State committee of a political party and are used solely for activities described in clauses (xi) through (xvii) of paragraph (9)(B) of section 301; or ``(ii) are described in section 301(8)(B)(viii); and ``(B) with respect to which contributors have been notified that the funds will be used solely for the purposes described in subparagraph (A). ``(b) Activities Subject to This Act.--Any amount solicited, received, expended, or disbursed directly or indirectly by a national, State, district, or local committee of a political party with respect to any of the following activities shall be subject to the limitations, prohibitions, and reporting requirements of this Act: ``(1)(A) Any get-out-the-vote activity conducted during a calendar year in which an election for the office of President is held. ``(B) Any other get-out-the-vote activity unless subsection (c)(2) applies to the activity. ``(2) Any generic campaign activity. ``(3) Any activity that identifies or promotes a Federal candidate, regardless of whether-- ``(A) a State or local candidate is also identified or promoted; or ``(B) any portion of the funds disbursed constitutes a contribution or expenditure under this Act. ``(4) Voter registration. ``(5) Development and maintenance of voter files during an even-numbered calendar year. ``(6) Any other activity that-- ``(A) significantly affects a Federal election, or ``(B) is not otherwise described in section 301(9)(B)(xvii). Any amount spent to raise funds that are used, in whole or in part, in connection with activities described in the preceding paragraphs shall be subject to the limitations, prohibitions, and reporting requirements of this Act. ``(c) Get-Out-The-Vote Activities By State, District, and Local Committees of Political Parties.--(1) Except as provided in paragraph (2), any get-out-the-vote activity for a State or local candidate, or for a ballot measure, which is conducted by a State, district, or local committee of a political party shall be subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Paragraph (1) shall not apply to any activity which the State committee of a political party certifies to the Commission is an activity which-- ``(A) is conducted during a calendar year other than a calendar year in which an election for the office of President is held, ``(B) is exclusively on behalf of (and specifically identifies only) one or more State or local candidates or ballot measures, and ``(C) does not include any effort or means used to identify or turn out those identified to be supporters of any Federal candidate (including any activity that is undertaken in coordination with, or on behalf of, a candidate for Federal office). ``(d) State Party Grassroots Funds.--(1) A State committee of a political party may make disbursements and expenditures from its State Party Grassroots Fund only for-- ``(A) any generic campaign activity; ``(B) payments described in clauses (v), (x), and (xii) of paragraph (8)(B) and clauses (iv), (viii), and (ix) of paragraph (9)(B) of section 301; ``(C) subject to the limitations of section 315(d), payments described in clause (xii) of paragraph (8)(B), and clause (ix) of paragraph (9)(B), of section 301 on behalf of candidates other than for President and Vice President; ``(D) voter registration; and ``(E) development and maintenance of voter files during an even-numbered calendar year. ``(2) Notwithstanding section 315(a)(4), no funds may be transferred by a State committee of a political party from its State Party Grassroots Fund to any other State Party Grassroots Fund or to any other political committee, except a transfer may be made to a district or local committee of the same political party in the same State if such district or local committee-- ``(A) has established a separate segregated fund for the purposes described in paragraph (1); and ``(B) uses the transferred funds solely for those purposes. ``(e) Amounts Received by Grassroots Fund From State and Local Candidate Committees.--(1) Any amount received by a State Party Grassroots Fund from a State or local candidate committee for expenditures described in subsection (b) that are for the benefit of that candidate shall be treated as meeting the requirements of subsection (b) if-- ``(A) such amount is derived from funds which meet the requirements of this Act with respect to any limitation or prohibition as to source or dollar amount specified in section 315(a) (1)(A) and (2)(A); and ``(B) the State or local candidate committee-- ``(i) maintains, in the account from which payment is made, records of the sources and amounts of funds for purposes of determining whether such requirements are met; and ``(ii) certifies that such requirements were met. ``(2) For purposes of paragraph (1)(A), in determining whether the funds transferred meet the requirements of this Act described in such paragraph-- ``(A) a State or local candidate committee's cash on hand shall be treated as consisting of the funds most recently received by the committee, and ``(B) the committee must be able to demonstrate that its cash on hand contains sufficient funds meeting such requirements as are necessary to cover the transferred funds. ``(3) Notwithstanding paragraph (1), any State Party Grassroots Fund receiving any transfer described in paragraph (1) from a State or local candidate committee shall be required to meet the reporting requirements of this Act, and shall submit to the Commission all certifications received, with respect to receipt of the transfer from such candidate committee. ``(4) For purposes of this subsection, a State or local candidate committee is a committee established, financed, maintained, or controlled by a candidate for other than Federal office. ``(f) Related Entities.--The provisions of this Act shall apply to any entity that is established, financed, or maintained by a national committee or State committee of a political party in the same manner as they apply to the national or State committee.'' (b) Contributions and Expenditures.-- (1) Contributions.--Section 301(8)(B) of such Act (2 U.S.C. 431(8)(B)) is amended-- (A) by striking ``and'' at the end of clause (xiii); (B) by striking clause (xiv); and (C) by adding at the end the following new clauses: ``(xiv) any amount contributed to a candidate for other than Federal office; ``(xv) any amount received or expended to pay the costs of a State or local political convention; ``(xvi) any payment for campaign activities that are exclusively on behalf of (and specifically identify only) State or local candidates and do not identify any Federal candidate, and that are not activities described in section 323(b) (without regard to paragraph (6)(B)) or section 323(c)(1); ``(xvii) any payment for administrative expenses of a State or local committee of a political party, including expenses for-- ``(I) overhead, including party meetings; ``(II) staff (other than individuals devoting a significant amount of their time to elections for Federal office and individuals engaged in conducting get-out-the-vote activities for a Federal election); and ``(III) conducting party elections or caucuses; ``(xviii) any payment for research pertaining solely to State and local candidates and issues; ``(xix) any payment for development and maintenance of voter files other than during the 1-year period ending on the date during an even-numbered calendar year on which regularly scheduled general elections for Federal office occur; and ``(xx) any payment for any other activity which is solely for the purpose of influencing, and which solely affects, an election for non- Federal office and which is not an activity described in section 323(b) (without regard to paragraph (6)(B)) or section 323(c)(1).''. (2) Expenditures.--Section 301(9)(B) of such Act (2 U.S.C. 431(9)(B)) is amended-- (A) by striking ``and'' at the end of clause (ix); (B) by striking the period at the end of clause (x) and inserting a semicolon; and (C) by adding at the end the following new clauses: ``(xi) any amount contributed to a candidate for other than Federal office; ``(xii) any amount received or expended to pay the costs of a State or local political convention; ``(xiii) any payment for campaign activities that are exclusively on behalf of (and specifically identify only) State or local candidates and do not identify any Federal candidate, and that are not activities described in section 323(b) (without regard to paragraph (6)(B)) or section 323(c)(1); ``(xiv) any payment for administrative expenses of a State or local committee of a political party, including expenses for-- ``(I) overhead, including party meetings; ``(II) staff (other than individuals devoting a significant amount of their time to elections for Federal office and individuals engaged in conducting get-out-the-vote activities for a Federal election); and ``(III) conducting party elections or caucuses; ``(xv) any payment for research pertaining solely to State and local candidates and issues; ``(xvi) any payment for development and maintenance of voter files other than during the 1-year period ending on the date during an even-numbered calendar year on which regularly scheduled general elections for Federal office occur; and ``(xvii) any payment for any other activity which is solely for the purpose of influencing, and which solely affects, an election for non- Federal office and which is not an activity described in section 323(b) (without regard to paragraph (6)(B)) or section 323(c)(1).''. SEC. 3. EQUALIZATION OF MULTICANDIDATE POLITICAL COMMITTEE CANDIDATE CONTRIBUTION LIMITATION WITH LIMITATION APPLICABLE TO OTHER PERSONS. (a) Persons Generally.--Section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by striking out ``$1,000'' and inserting in lieu thereof ``$2,500''. (b) Multicandidate Political Committees.--Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is amended by striking out ``$5,000'' and inserting in lieu thereof ``$2,500''. SEC. 4. LIMITATION ON PERSONAL CONTRIBUTIONS BY CANDIDATES IN HOUSE OF REPRESENTATIVES ELECTIONS. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not make contributions of more than $100,000 to the campaign of the candidate with respect to an election cycle. As used in this subsection, the term `election cycle' means, with respect to a candidate, the period beginning on the day after the date of the most recent general election for the office involved and ending on the date of the next general election for such office.''.

Campaign Truth and Fairness Act of 1997 - Amends the Federal Election Campaign Act of 1971 to prohibit a national committee or a congressional campaign committee of a political party from soliciting or accepting contributions or transfers not subject to the limitations, prohibitions, and reporting requirements of such Act (soft money). Specifies exceptions and inclusions, including get-out-the-vote activities. Specifies permitted State Party Grassroots Fund expenditures. Sets forth specified "contribution" and "expenditure" exclusions. Increases individual contribution limits to a candidate and his or her political committee, and decreases similar multicandidate political committee limits, to $2,500. Limits personal contributions by a candidate for the House of Representatives to $100,000 per campaign cycle.

Campaign Truth and Fairness Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``PAC Limitation Act of 1999''. TITLE I--REFORMING CAMPAIGN FINANCE LAWS SEC. 101. BAN ON POLITICAL ACTION COMMITTEE CONTRIBUTIONS TO CANDIDATES IN ELECTIONS FOR FEDERAL OFFICE. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``ban on contributions to candidates by political action committees ``Sec. 323. (a) In General.--Notwithstanding any other provision of this Act, no political action committee may make any contribution to any candidate or any authorized committee of the candidate with respect to any election for Federal office. ``(b) Political Action Committee Defined.--In this section, the term `political action committee' means any political committee which is not-- ``(1) an authorized committee of a candidate; or ``(2) a national, State, local, or district committee of a political party, including any subordinate committee thereof.''. SEC. 102. HOUSE OF REPRESENTATIVES ELECTION LIMITATION ON CONTRIBUTIONS FROM SOURCES OUTSIDE THE DISTRICT. Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not, with respect to a reporting period for an election, accept contributions from all sources outside the congressional district involved totaling in excess of the total of contributions accepted from individual residents of the congressional district involved.''. SEC. 103. LIMITATION ON ACCEPTANCE OF SOFT MONEY BY NATIONAL AND CONGRESSIONAL COMMITTEES OF POLITICAL PARTIES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 101, is amended by adding at the end the following new section: ``limitation on acceptance of soft money by national and congressional committees of political parties ``Sec. 324. A national committee of a political party and the congressional campaign committees of a political party may not, in any calendar year, accept more than $25,000 from any single person in contributions or transfers that are not otherwise subject to the limitations, prohibitions, and reporting requirements of this Act.''. SEC. 104. REPORTS ON FEDERAL POLITICAL ADVERTISEMENTS CARRIED BY RADIO STATIONS, TELEVISION STATIONS, AND CABLE SYSTEMS. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 101 and 103, is further amended by adding at the end the following new section: ``reports on federal political advertisements carried by radio stations, television stations, and cable systems ``Sec. 325. At such times and in such manner as the Commission shall prescribe by regulation, each operator of a radio broadcasting station, television broadcasting station, or cable system shall report to the Commission the identity of each advertiser, the cost, the duration, and other appropriate information with respect to each Federal political advertisement carried by the station or system, including any advertisement advocating the passage or defeat of Federal legislation, any advertisement advocating the election or defeat of a candidate for Federal office, and any advertisement characterizing the positions taken by such a candidate.''. SEC. 105. EFFECTIVE DATE. The amendments made by this title shall take effect on January 1, 2000. TITLE II--WORKER PAYCHECK FAIRNESS SEC. 201. FINDINGS. The Congress finds the following: (1) Workers who pay dues or fees to a labor organization may not, as a matter of law, be required to pay to that organization any dues or fees supporting activities that are not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. (2) Many labor organizations use portions of the dues or fees they collect from the workers they represent for activities that are not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. These dues may be used to support political, social, or charitable causes or many other noncollective bargaining activities. Unfortunately, many workers who pay such dues or fees have insufficient information both about their rights regarding the payment of dues or fees to a labor organization and about how labor organizations spend employee dues or fees. (3) It is a fundamental tenet of this Nation that all men and women have a right to make individual and informed choices about the political, social, or charitable causes they support, and the law should protect that right to the greatest extent possible. SEC. 202. PURPOSE. The purpose of this title is to ensure that all workers have sufficient information about their rights regarding the payment of dues or fees to labor organizations and the uses of employee dues and fees by labor organizations and that the right of all workers to make individual and informed choices about the political, social, or charitable causes they support is protected to the greatest extent possible. SEC. 203. WRITTEN CONSENT. (a) In General.-- (1) Authorization.--A labor organization accepting payment of any dues or fees from an employee as a condition of employment pursuant to an agreement authorized by Federal law must secure from each employee prior, voluntary, written authorization for any portion of such dues or fees which will be used for activities not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. (2) Requirements.--Such written authorization shall clearly state that an employee may not be required to provide such authorization and that if such authorization is provided, the employee agrees to allow any dues or fees paid to the labor organization to be used for activities which are not necessary to performing the duties of exclusive representation and which may be political, social, or charitable in nature. (b) Revocation.--An authorization described in subsection (a) shall remain in effect until revoked. Such revocation shall be effective upon 30 days written notice. (c) Civil Action by Employees.-- (1) Liability.--Any labor organization which violates this section or section 206 shall be liable to the affected employee-- (A) for damages equal to-- (i) the amount of the dues or fees accepted in violation of this section; (ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and (iii) an additional amount as liquidated damages equal to the sum of the amount described in clause (i) and the interest described in clause (ii); and (B) for such equitable relief as may be appropriate. (2) Right of action.--An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any labor organization in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of-- (A) the employees; or (B) the employees and other employees similarly situated. (3) Fees and costs.--The court in such action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitation.--An action may be brought under this subsection not later than 2 years after the date the employee knew or should have known that dues or fees were accepted or spent by a labor organization in violation of this title, except that such period shall be extended to 3 years in the case of a willful violation. SEC. 204. NOTICE. An employer whose employees are represented by a collective bargaining representative shall be required to post a notice, of such size and in such form as the Department of Labor shall prescribe, in conspicuous places in and about its plants and offices, including all places where notices to employees are customarily posted, informing employees that any labor organization accepting payment of any dues or fees from an employee as a condition of employment pursuant to an agreement authorized by Federal law must secure from each employee prior, written authorization if any portion of such dues or fees will be used for activities not necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues. SEC. 205. DISCLOSURE TO WORKERS. (a) Expenses Reporting.--Section 201(b) of the Labor-Management Reporting and Disclosure Act of 1959 is amended by adding at the end the following new sentence: ``Every labor organization shall be required to attribute and report expenses in such detail as necessary to allow members to determine whether such expenses were necessary to performing the duties of the exclusive representative of the employees in dealing with the employer on labor-management issues.'' (b) Disclosure.--Section 201(c) of the Labor-Management Reporting and Disclosure Act of 1959 is amended-- (1) by inserting ``and employees required to pay any dues or fees to such organization'' after ``members''; and (2) by inserting ``or employee required to pay any dues or fees to such organization'' after ``member'' each place it appears. (c) Written Requests.--Section 205(b) of the Labor-Management Reporting and Disclosure Act of 1959 is amended by adding at the end the following new sentence: ``Upon written request, the Secretary shall make available complete copies of any report or other document filed pursuant to section 201.''. SEC. 206. RETALIATION AND COERCION PROHIBITED. It shall be unlawful for any labor organization to coerce, intimidate, threaten, interfere with, or retaliate against any employee in the exercise of, or on account of having exercised, any right granted or protected by this title. SEC. 207. REGULATIONS. The Secretary of Labor shall prescribe such regulations as are necessary to carry out section 204 not later than 60 days after the enactment of this title and shall prescribe such regulations as are necessary to carry out the amendments made by section 205 not later than 120 days after the enactment of this title. SEC. 208. EFFECTIVE DATE AND APPLICATION. This title shall be effective immediately upon enactment, except that sections 203 and 204 pertaining to worker consent and notice shall take effect 90 days after enactment and section 205 pertaining to disclosure shall take effect 150 days after enactment.

Title II: Worker Paycheck Fairness - Outlines worker rights with regard to the payment of dues or fees to labor organizations, requiring the following: (1) prior, voluntary written authorization for any portion of such dues or fees used for activities not necessary to performing the duties of the employee's exclusive representative in dealing with the employer on labor management issues; and (2) posting of notices to that effect by an employer with employees represented by a collective bargaining representative. Provides for civil actions by employees against labor organizations for violations involving written consent and for retaliation and coercion with regard to any employee who exercises any such right under this title. Amends the Labor-Management Reporting and Disclosure Act of 1959 to do the following: (1) require certain expense reporting by labor organizations to allow members to determine the necessity of such expenses in the performance of the duties of the employee's exclusive representative in dealing with the employer on labor-management issues; and (2) require the Secretary of Labor to make available complete copies of reports by labor organizations, including annual financial reports or other related documents upon written request.

PAC Limitation Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Skilled Workforce Enhancement Act of 1998''. SEC. 2. CREDIT FOR EXPENSES FOR TRAINING EMPLOYEES IN HIGHLY SKILLED METALWORKING TRADES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45D. EXPENSES FOR TRAINING EMPLOYEES IN HIGHLY SKILLED METALWORKING TRADES. ``(a) General Rule.--For purposes of section 38, the highly skilled metalworking trades training credit determined under this section is an amount equal to 80 percent of the training expenses paid or incurred by the taxpayer during the training period with respect to each qualified trained employee of the taxpayer. Twenty percent of the credit determined under the preceding sentence shall be taken into account under section 38 for each of the first 5 taxable years after the taxable year in which the training period ends. ``(b) Limitations.-- ``(1) Maximum credit per employee.--The total amount of credit determined under this section with respect to each qualified trained employee for all taxable years shall not exceed $100,000. ``(2) Employer must be small employer.--Training expenses may be taken into account under subsection (a) only if the taxpayer is a small employer for the taxable year in which such expenses are paid or incurred. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified trained employee.-- ``(A) In general.--The term `qualified trained employee' means any employee (or former employee) of the taxpayer if-- ``(i) the employee received at least 8,000 hours of training (including on-the-job training) from the taxpayer (or any predecessor) during the training period as an apprentice in any highly skilled metalworking trade, and ``(ii) the employee is employed by the taxpayer in a journeyman capacity in any highly skilled metalworking trade on a full-time basis throughout at least the 1-year period beginning at the end of such employee's training period. ``(B) Highly skilled metalworking trades.--For purposes of subparagraph (A), the term `highly skilled metalworking trades' means the trades traditionally recognized as such, including precision machinists, die makers, mold makers, and tool and die designers in the tooling and machining industry. ``(2) Training expenses.-- ``(A) In general.--The term `training expenses' means wages paid or incurred to an employee of the taxpayer for services performed in a highly skilled metalworking trade while the employee is an apprentice in such trade. ``(B) Wages.--The term `wages' has the meaning given such term by section 3401(a). ``(3) Training period.--The term `training period' means the period of 4 years beginning on the date that the employee begins employment with the taxpayer as an apprentice in a highly skilled metalworking trade. ``(4) Small employer.-- ``(A) In general.--The term `small employer' means, with respect to any taxable year, any employer who employed an average of 500 or fewer employees on business days during such taxable year. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. ``(d) Coordination With Other Credits.--Wages taken into account under subsection (a) shall not be taken into account in determining the credits under sections 51(a) and 1396(a).''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(13) the highly skilled metalworking trades training credit determined under section 45D(a).''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(d) Credit for Training Expenses for Employees in Highly Skilled Metalworking Trades.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45D(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45D. Expenses for training employees in highly skilled metalworking trades.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act in taxable years ending after such date.

Skilled Workforce Enhancement Act of 1998 - Amends the Internal Revenue Code to provide small employers with an income tax credit for certain long-term training of employees in highly skilled metalworking trades.

Skilled Workforce Enhancement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fix United States Government Contracting Deficit with China Act''. SEC. 2. FINDINGS AND STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) The purchase of government goods and services is an important means through which the government fulfills its constitutional duties to provide for the common defense and promote the general welfare of the United States. (2) American taxpayers expect that government procurement serves the interests of all Americans. (3) The United States and several of its trading partners are signatories to the WTO Agreement on Government Procurement, which holds that signatories agree to certain restraints with regard to government procurement. (4) However, the People's Republic of China is not a signatory to the Agreement on Government Procurement, and that, accordingly, it is not a violation of that agreement for the Congress to establish procurement policies as best suit the American public interest with regard to Chinese goods. (5) China has structured its government procurement law to favor its domestic goods, as noted in article 10 of such law. (6) China has also recently announced a plan to favor so- called ``indigenous innovation'' under which the Chinese Government would expressly favor locally developed products and technologies. (7) American companies have had little or no success in accessing Chinese Government procurement contracts, while Chinese companies have had great success in selling goods for United States Government projects. (b) Statement of Policy.--Accordingly, it shall be the policy of the United States to limit the total value of Chinese goods that may be procured by the United States Government during a calendar year to not more than the total value of United States goods procured by the Chinese Government if any during the preceding calendar year. SEC. 3. CERTIFICATION; PROHIBITION AND LIMITATION ON UNITED STATES PROCUREMENT OF CHINESE GOODS. (a) Certification.--Not later than March 1 of each year beginning in 2012, the Secretary of Commerce shall submit to Congress a certification in writing that contains the following: (1) A determination of whether or not the Chinese Government has prohibited the procurement of United States goods by the Chinese Government during the preceding calendar year. (2) If the Chinese Government has not prohibited the procurement of United States goods by the Chinese Government during the preceding calendar year, an identification of the total value of United States goods procured by the Chinese Government during the preceding calendar year, as determined by the International Trade Administration under section 4. (b) Prohibition.--If the Secretary determines and certifies to Congress under subsection (a)(1) that the Chinese Government has prohibited the procurement of United States goods by the Chinese Government during the preceding calendar year, then-- (1) the head of each executive agency may not award a contract for the procurement of Chinese goods during the succeeding calendar year; and (2) the Secretary of Transportation shall prohibit a State or other entity from using funds made available from the Highway Trust Fund or the Airport and Airway Trust Fund for the award of a contract for the procurement of Chinese goods during the succeeding calendar year. (c) Limitation.-- (1) In general.--If the Secretary determines and certifies to Congress under subsection (a)(1) that the Chinese Government has not prohibited the procurement of United States goods by the Chinese Government during the preceding calendar year, then the total value of Chinese goods that may be procured by the United States Government during the succeeding calendar year may not exceed the total value of United States goods procured by the Chinese Government during the preceding calendar year, as identified under subsection (a)(2). (2) Rule of construction.--For purposes of determining the total value of Chinese goods that may be procured by the United States Government during a calendar year under paragraph (1), the total value of Chinese goods procured by a State or other entity using funds made available from the Highway Trust Fund or the Airport and Airway Trust Fund during the preceding calendar year shall be deemed to be Chinese goods procured by the United States Government. SEC. 4. ITA PROGRAM AND NOTIFICATION. (a) Program.--The International Trade Administration shall establish a program-- (1) to identify the total value of United States goods procured by the Chinese Government on an annual basis, as required under section 3(a)(2), including an accounting of the value of such procurement; and (2) to provide notification in accordance with subsection (b). (b) Notification.--The International Trade Administration shall publish notice in the Federal Register on or as soon as practicable after the date on which the total value of Chinese goods procured by the United States Government equals 50 percent, 75 percent, and 100 percent of the total value of United States goods procured by the Chinese Government during the preceding calendar year for purposes of complying with the limitation under section 3(c). SEC. 5. DEFINITIONS. In this Act: (1) Chinese good.--The term ``Chinese good'' means a good that is the growth, product, or manufacture of the People's Republic of China. A good shall be determined to be the manufacture of the People's Republic of China for purposes of this paragraph if the sum of-- (A) the cost or value of the materials produced in China, plus (B) the direct costs of processing operations performed in China, is not less than 50 percent of the appraised value of such good at the time it is entered. (2) Chinese government.--The term ``Chinese Government'' means the central government of the People's Republic of China and any other governmental entity, including-- (A) any agency or instrumentality of the Chinese Government; (B) any entity that is owned or controlled, directly or indirectly, by the Chinese Government; and (C) any Chinese provincial or local governmental entity. (3) Executive agency.--The term ``executive agency'' has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (5) United states good.--The term ``United States good'' means a good that is the growth, product, or manufacture of the United States. A good shall be determined to be the manufacture of the United States for purposes of this paragraph if the sum of-- (A) the cost or value of the materials produced in the United States, plus (B) the direct costs of processing operations performed in the United States, is not less than 50 percent of the appraised value of such good at the time it is entered.

Fix United States Government Contracting Deficit with China Act - Directs the Secretary of Commerce to certify annually to Congress: (1) a determination of whether the Chinese government has prohibited its procurement of U.S. goods during the preceding calendar year; and (2) the total value of U.S. goods procured by the Chinesse government during that year, if the Chinese government has not prohibited such procurement. Prohibits the head of each executive agency from awarding a contract for the procurement of Chinese goods during the succeeding calendar year if the Chinese government has prohibited procurement of U.S. goods during the preceding calendar year. Directs the Secretary of Transportation (DOT), in such an instance, to prohibit a state or other entity from using funds made available to it from the Highway Trust Fund or the Airport and Airway Trust Fund for the award of a contract for the procurement of Chinese goods during the succeeding calendar year. Limits the total value of Chinese goods that may be procured by the U.S. government during the succeeding calendar year to the total value of U.S. goods procured by the Chinese Government during the preceding calendar year, if in fact the Chinese government has not prohibited its procurement of U.S. goods during that preceding calendar year. Directs the International Trade Administration to establish a program to: (1) identify annually the total value of U.S. goods procured by the Chinese government; and (2) provide notice in the Federal Register on or as soon as practicable after the date on which the total value of Chinese goods procured by the U.S. government equals 50%, 75%, and 100% of the total value of U.S. goods procured by the Chinese government during the preceding calendar year, for purposes of compliance with the limitation required by this Act.

To limit the total value of Chinese goods that may be procured by the United States Government during a calendar year to not more than the total value of United States goods procured by the Chinese Government if any during the preceding calendar year, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Revised Statutes 2477 Rights-of-Way Settlement Act''. SEC. 2. NOTICE OF RIGHTS-OF-WAY ACROSS PUBLIC LANDS GRANTED UNDER REVISED STATUES SECTION 2477. (a) Notice of RS 2477 Right-of-Way.--Any State, political subdivision thereof, or other holder of a right-of-way across public lands which was granted under section 2477 of the Revised Statutes before the enactment of the Federal Land Policy and Management Act of 1976, or any person who uses or could use the right-of-way for passage across such lands to access property in which such person has an interest, may file with the appropriate Secretary of the Department concerned (hereafter in this Act referred to as the ``Secretary'') a notice of the right-of-way. The notice shall be filed within 10 years after the date of the enactment of this Act, shall identify the State or political subdivision thereof through which the right-of-way passes, and shall contain a map and a general description of the route, termini, and scope of the right-of-way. (b) Recognition of or Objection to Right-of-Way by the Secretary.-- (1) In general.--Not later than two years after the date on which notice is filed with the Secretary under subsection (a), the Secretary shall notify the holder, or other party giving notice, of the recognition or objections of the Secretary of the right-of-way or any portion thereof. In considering any right-of-way notice filed under subsection (a), the Secretary shall recognize any right-of-way which was accepted or established in accordance with the laws of the State where the right-of-way is located or by an affirmative act of a State or political subdivision thereof indicating acceptance of the grant. (2) Recognition.--To the extent the Secretary accepts the right-of-way, the provisions of section 4 shall apply. (3) Objections.--If the Secretary objects to the right-of- way as presented under subsection (a), the Secretary shall specifically state the Secretary's objections to the existence, identity of the holder, route, or scope of the right-of-way, or portion thereof, and shall provide the factual and legal basis for each objection. (4) Effect of failure to object.--If the Secretary does not object within the two-year period required by this subsection, the right-of-way shall be deemed to be valid as it was presented to the Secretary under subsection (a). SEC. 3. JUDICIAL REVIEW. (a) Quiet Title Action Relating to Objections.--Not later than two years after the date on which the Secretary notifies a holder under section 2(b) of objections to a right-of-way, or portion thereof, the Secretary may bring an action based on those objections in a United States district court in which the right-of-way or a portion thereof is located to challenge the validity of the right-of-way or portion thereof. (b) Burden of Proof.--In any action brought pursuant to subsection (a), the United States shall bear the burden of proof on all issues, including (but not limited to) proving that-- (1) the right-of-way was not a public right-of-way; (2) the right-of-way was not accepted or established in accordance with the laws of the State where the right-of-way is located or by an affirmative act of a State or political subdivision thereof indicating acceptance of the grant; (3) the land on which the right-of-way is located was reserved for public use at the time of acceptance of the right- of-way; and (4) the scope of the right-of-way identified in the notice of right-of-way exceeds that permitted under State law. (c) Failure To Bring Action.--If the Secretary does not bring such an action within the two-year period required by this subsection, the right-of-way shall be deemed to be valid in the form presented under section 2(a). (d) Standing.--Standing to challenge an action of the Secretary under this Act relating to the existence, description, route, or scope of a right-of-way shall be limited to a party with a claim of a property interest in or to the right-of-way or in lands served thereby. SEC. 4. MANAGEMENT OF LANDS. A right-of-way accepted or deemed to be accepted under this Act is valid. The Secretary shall record the right-of-way in the land records and on maps of the Secretary and shall manage the lands subject to the right-of-way accordingly. SEC. 5. MISCELLANEOUS PROVISIONS. (a) Quiet Title Action.--Nothing in this Act shall be construed to prevent the holder of a right-of-way described in section 2 from bringing an action at any time to quiet title with respect to such right-of-way under section 2409a of title 28, United States Code, nor shall any proceedings taken pursuant to this Act be deemed a prerequisite to filing any such action. Such action may be brought within the later of-- (1) 12 years from the date of notice of objection from the Secretary under section 2(b)(1); or (2) the termination of the limitations period under section 2409a of title 28, United States Code. (b) Relinquishment Not Required.--Nothing in this Act shall be construed to require a relinquishment of a right-of-way granted under section 2477 of the Revised Statutes. A failure to file the notice provided for under section 2(a) does not constitute a relinquishment of any such right-of-way. (c) Application of State Law.--Nothing in this Act shall be construed to limit the application of State law in determining the validity of rights-of-way granted under section 2477 of the Revised Statutes. In every proceeding the law of the State where the right-of- way is located shall determine the scope of the right-of-way. The published regulations of the Department of the Interior pertaining to section 2477 of the Revised Statutes which were in effect until the date of enactment of the Federal Land Policy and Management Act of 1976 shall be binding on the Secretary in all such proceedings. (d) NEPA.--The National Environmental Policy Act of 1969 shall not apply with respect to actions taken to carry out this Act. (e) Road Closures.--The Secretary shall not close any right-of-way granted under section 2477 of the Revised Statutes which was in use prior to October 21, 1976, until one year after providing notice to the State and any political subdivision thereof with jurisdiction over highways in that location which describes the right-of-way and the purpose of the intended closure. In no event shall the Secretary close any such right-of-way if closure would leave any non-Federal lands adjoining the right-of-way without an established public or private access.

Revised Statutes 2477 Rights-of-Way Settlement Act - Authorizes any State, political subdivision thereof, or other holder of a right-of-way across public lands that was granted under section 2477 of the Revised Statutes before the enactment of the Federal Land Policy and Management Act of 1976, or any person who uses or could use the right-of-way for passage across such lands to access property in which such person has an interest, to file with the appropriate Secretary of the Department concerned a notice of the right-of-way. Directs the Secretary to notify the holder (or other party giving notice) of the recognition or objections of the Secretary to the right-of-way or any portion thereof within two years or the right-of-way shall be deemed to be valid. Allows the Secretary to bring an action to challenge the validity of the right-of-way in a U.S. district court within two years after notifying a holder of objections or the right-of-way shall be deemed to be valid. Permits a holder to bring an action to quiet title with respect to such a right-of-way within the later of: (1) 12 years from the date of notice of objection from the Secretary; or (2) the termination of the limitations period applicable under the Federal judicial code. Prohibits the Secretary from closing any right-of-way in use before October 21, 1976: (1) until one year after providing notice to the appropriate State or subdivision; or (2) if closure would leave any adjoining non-Federal lands without an established public or private access.

Revised Statutes 2477 Rights-of-Way Settlement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowerment Zone Enhancement Act of 1998''. SEC. 2. FUNDING ENTITLEMENT FOR ADDITIONAL ENTERPRISE ZONES. (a) Entitlement.--Section 2007(a)(1) of the Social Security Act (42 U.S.C. 1397f(a)) is amended-- (1) in subparagraph (A), by striking ``in the State; and'' and inserting ``in the State designated pursuant to section 1391(b) of the Internal Revenue Code of 1986;''; (2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (3) by adding after subparagraph (B) the following new subparagraph: ``(C) 10 grants under this section for each qualified empowerment zone in the State designated pursuant to section 1391(g) of such Code.''. (b) Amount of Grants.--Section 2007(a)(2) of that Act (42 U.S.C. 1397f(a)(2)) is amended-- (1) in the heading of subparagraph (A), by inserting ``original'' before ``empowerment''; (2) in subparagraph (A), in the matter preceding clause (i), by inserting ``described in paragraph (1)(A)'' after ``empowerment zone''; (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B) the following new subparagraph: ``(C) Additional empowerment grants.--The amount of each grant to a State under this section for a qualified empowerment zone described in paragraph (1)(C) shall be-- ``(i) if the zone is designated in an urban area, $10,000,000, or ``(ii) if the zone is designated in a rural area, $4,000,000, multiplied by the proportion of the population of the zone that resides in the State.''. (c) Timing of Grants.--Section 2007(a)(3) of that Act (42 U.S.C. 1397f(a)(3)) is amended-- (1) in the heading of subparagraph (A), by inserting ``original'' before ``qualified''; (2) in subparagraph (A), in the matter preceding clause (i), by inserting ``described in paragraph (1)(A)'' after ``empowerment zone''; and (3) by adding after subparagraph (B) the following new subparagraph: ``(C) Additional qualified empowerment zones.--With respect to each qualified empowerment zone described in paragraph (1)(C), the Secretary shall make-- ``(i) 1 grant under this subsection to the State in which the zone lies, on the date of the designation of the zone under such part I; and ``(ii) 1 grant under this subsection to such State, on the first day of each of the nine fiscal years that begin after the date of the designation.''. (d) Funding.--Section 2007(a)(4) of that Act (42 U.S.C. 1397f(a)(4)) is amended-- (1) by relocating and redesignating the matter following the caption as subparagraph (A); (2) by inserting ``Original grants.--'' after the subparagraph designation ``(A)''; (3) in subparagraph (A), as so redesignated, by inserting before the period ``for empowerment zones and enterprise communities described in subparagraphs (A) and (B) of paragraph (1)''; and (4) by adding after subparagraph (A), as so redesignated, the following new subparagraph: ``(B) Additional grants.--$1,700,000,000 shall be made available to the Secretary for grants under this section for empowerment zones described in paragraph (1)(C).''. SEC. 3. RESPONSIBILITY FOR ENVIRONMENTAL REVIEW. Section 2007 of the Social Security Act (42 U.S.C. 1397f) is amended-- (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsection: ``(f) Environmental Review.-- ``(1) Execution of responsibility by the secretary of housing and urban development and the secretary of agriculture.-- ``(A) Applicability.--This subsection shall apply to grants under this section in connection with empowerment zones and enterprise communities designated under section 1391(a) of the Internal Revenue Code of 1986 and empowerment zones designated under section 1391(g) of such Code-- ``(i) by the Secretary of Housing and Urban Development in the case of those located in urban areas; and ``(ii) by the Secretary of Agriculture in the case of those located in rural areas. ``(B) Execution of responsibility.--With respect to grants described in subparagraph (A), the Secretary of Housing and Urban Development and the Secretary of Agriculture, as appropriate, shall execute the responsibilities under the National Environmental Policy Act of 1969 and other provisions of law which further the purposes of such Act (as specified in regulations issued by each such Secretary under paragraph (2)(B)) that would otherwise apply to the Secretary of Health and Human Services, and may provide for the assumption of such responsibilities in accordance with paragraphs (2) through (5). ``(C) Definition of secretary.--Except as used in subparagraphs (A) and (B), the term `Secretary' as used in this subsection means the Secretary of Housing and Urban Development for purposes of grants under this section with respect to urban areas and means the Secretary of Agriculture for purposes of grants under this section with respect to rural areas. ``(2) Assumption of responsibility by states, units of general local government, and indian tribes.-- ``(A) Release of funds.--In order to assure that the policies of the National Environmental Policy Act of 1969 and other provisions of law that further the purposes of such Act (as specified in regulations issued by the Secretary under paragraph (2)(B)) are most effectively implemented in connection with the expenditure of funds under this section, and to assure to the public undiminished protection of the environment, the Secretary may, under such regulations, in lieu of the environmental protection procedures otherwise applicable, provide for the release of funds for particular projects to recipients of assistance under this section if the State, unit of general local government, or Indian tribe, as designated by the Secretary in accordance with regulations issued by the Secretary under paragraph (2)(B), assumes all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act, and such other provisions of law as the regulations of the Secretary specify, that would otherwise apply to the Secretary were the Secretary to undertake such projects as Federal projects. ``(B) Implementation.--The Secretary of Housing and Urban Development and the Secretary of Agriculture shall each issue regulations to carry out this subsection only after consultation with the Council on Environmental Quality. Such regulations shall-- ``(i) specify any other provisions of law which further the purposes of the National Environmental Policy Act of 1969 and to which the assumption of responsibility as provided in this subsection applies; ``(ii) provide eligibility criteria and procedures for the designation of a State, unit of general local government, or Indian tribe to assume all of the responsibilities in this section; ``(iii) specify the purposes for which funds may be committed without regard to the procedure established under paragraph (3); ``(iv) provide for monitoring of the performance of environmental reviews under this subsection; ``(v) in the discretion of the Secretary, provide for the provision or facilitation of training for such performance; and ``(vi) subject to the discretion of the Secretary, provide for suspension or termination by the Secretary of the assumption under subparagraph (A). ``(C) Responsibilities of state, unit of general local government, or indian tribe.--The Secretary's duty under subparagraph (B) shall not be construed to limit any responsibility assumed by a State, unit of general local government, or Indian tribe with respect to any particular release of funds under subparagraph (A). ``(3) Procedure.--The Secretary shall approve the release of funds for projects subject to the procedures authorized by this subsection only if, not less than 15 days prior to such approval and prior to any commitment of funds to such projects (except for such purposes specified in the regulations issued under paragraph (2)(B)), the recipient submits to the Secretary a request for such release accompanied by a certification of the State, unit of general local government, or Indian tribe which meets the requirements of paragraph (4). The approval by the Secretary of any such certification shall be deemed to satisfy the Secretary's responsibilities pursuant to paragraph (1) under the National Environmental Policy Act of 1969 and such other provisions of law as the regulations of the Secretary specify insofar as those responsibilities relate to the release of funds for projects to be carried out pursuant thereto which are covered by such certification. ``(4) Certification.--A certification under the procedures authorized by this subsection shall-- ``(A) be in a form acceptable to the Secretary; ``(B) be executed by the chief executive officer or other officer of the State, unit of general local government, or Indian tribe who qualifies under regulations of the Secretary; ``(C) specify that the State, unit of general local government, or Indian tribe under this subsection has fully carried out its responsibilities as described under paragraph (2); and ``(D) specify that the certifying officer-- ``(i) consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and each provision of law specified in regulations issued by the Secretary insofar as the provisions of such Act or other such provision of law apply pursuant to paragraph (2); and ``(ii) is authorized and consents on behalf of the State, unit of general local government, or Indian tribe and himself or herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of the responsibilities as such an official. ``(5) Approval by states.--In cases in which a unit of general local government carries out the responsibilities described in paragraph (2), the Secretary may permit the State to perform those actions of the Secretary described in paragraph (3). The performance of such actions by the State, where permitted, shall be deemed to satisfy the responsibilities referred to in the second sentence of paragraph (3).''. SEC. 4. PERFORMANCE MEASUREMENT AND EVALUATION; GRANT ADJUSTMENTS. Section 2007 of the Social Security Act (42 U.S.C. 1397f), as amended by section 4, is further amended by adding after subsection (f) the following new subsection: ``(g) Performance Measurement System, Reports, and Evaluations, Grant Adjustments, and Related Matters.-- ``(1) Applicability.--The requirements of this subsection-- ``(A) apply to all grants made by a State, from grants to the State under subsection (a)(2)(C), to lead implementing entities (as defined in paragraph (7)) for empowerment zones designated pursuant to section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C. 1391(g)); and ``(B) are in addition to the annual report and biennial audit requirements applicable to States under section 2006. ``(2) Performance measurement system.--The lead implementing entity for an empowerment zone shall establish a performance measurement system acceptable to the Secretary to assist in assessing the extent to which its strategic plan is being implemented and funds made available under subsection (a)(2)(C) are being used effectively. ``(3) Performance report.--Each lead implementing entity shall submit to the Secretary (and make available to the public upon request), at such time and in such manner as the Secretary shall prescribe, a report including an assessment of the progress the empowerment zone has made toward implementing its strategic plan, and such other information as the Secretary shall prescribe. To the extent practicable, the report shall also include information available to the lead implementing entity with respect to the use of tax incentives available to empowerment zones designated pursuant to section 1391(g) of the Internal Revenue Code of 1986. ``(4) Performance evaluations, adjustments, and recordkeeping.-- ``(A) Performance evaluations.--The Secretary shall regularly evaluate the progress of the lead implementing entity for the empowerment zone in implementing the strategic plan for the zone, on the basis of performance reviews and any other information that the Secretary may require. ``(B) Adjustments.--On the basis of the Secretary's evaluation under subparagraph (A), the Secretary may direct the Secretary of Health and Human Services to adjust, reduce, or cancel the grant to a State under subsection (a)(2)(C) for the current or any future fiscal year or years, except that amounts already properly expended by a lead implementing entity on eligible activities under this Act shall not be recaptured or deducted from future grants to the State. ``(5) Retention of records.--Each lead implementing entity shall keep such records relating to funds received from grants to the State under subsection (a)(2)(C), including the amounts and disposition of such funds and the types of activities funded, as the Secretary determines to be necessary to enable the Secretary to evaluate the performance of the lead implementing agency and to determine compliance with the requirements of this subsection. ``(6) Secretary's access to documents.--The Secretary shall have access, for the purpose of evaluations and examinations pursuant to paragraph (4)(A), to any books, documents, papers, and records of any grantee or other entity or person that are pertinent to grant amounts received in connection with this section. ``(7) Definitions.--For purposes of this subsection-- ``(A) The term `lead implementing entity' means the local government or governments, the governance body of an empowerment zone as specified in the strategic plan, or any non-profit entity that is principal administrator of an empowerment zone. ``(B) The term `Secretary' means the Secretary of Housing and Urban Development for purposes of grants under this section with respect to urban areas and means the Secretary of Agriculture for purposes of grants under this section with respect to rural areas, except as the context otherwise indicates.''. SEC. 5. TECHNICAL AMENDMENTS. Section 2007(b) of the Social Security act is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by striking ``to prevent''; and (2) in paragraph (4), in the matter preceding subparagraph (A), by striking ``maintain'' and inserting ``maintaining''.

Empowerment Zone Enhancement Act of 1998 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act with respect to additional grants to: (1) provide for grant funding for additional empowerment zones; (2) set the amount of such grants for zones in urban ($10 million) and rural ($4 million) areas, as well as the timing of such grants (ten years of one-year grants); (3) provide funding for such grants; (4) require environmental review by the Secretary of Housing and Urban Development (urban areas) and the Secretary of Agriculture (rural areas); and (5) require the lead implementing entity for an empowerment zone to establish a performance measurement system.

Empowerment Zone Enhancement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001''. SEC. 2. PURPOSES. Section 102(b) of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``(b) Purposes.--The purposes of this Act are-- ``(1) to direct the Secretary to conduct research, development, and demonstration activities leading to the production, storage, transportation, and use of hydrogen for industrial, commercial, residential, transportation, and utility applications; ``(2) to direct the Secretary to develop a program of technology assessment, information dissemination, and education in which Federal, State, and local agencies, members of the energy, transportation, and other industries, and other entities may participate; and ``(3) to develop methods of hydrogen production that minimize adverse environmental impacts, including efficient and cost-effective production from renewable and nonrenewable energy resources.''. SEC. 3. DEFINITIONS. Section 102(c) of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended-- (1) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (2) by inserting before paragraph (2), as so redesignated by paragraph (1) of this section, the following new paragraph: ``(1) `advisory board' means the advisory board established under section 108;''. SEC. 4. REPORTS TO CONGRESS. Section 103 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 103. REPORTS TO CONGRESS. ``(a) Requirement.--Not later than 1 year after the date of the enactment of the Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001, and annually thereafter, the Secretary shall transmit to Congress a detailed report on the status and progress of the programs and activities authorized under this Act. ``(b) Contents.--A report under subsection (a) shall include, in addition to any views and recommendations of the Secretary-- ``(1) an analysis of Federal, State, and local hydrogen- related research and development activities to identify productive areas for increased intergovernmental collaboration; ``(2) a determination of the effectiveness of the technology assessment, information dissemination, and education program established under section 106; and ``(3) recommendations of the advisory board for any improvements needed in the programs and activities authorized by this Act.''. SEC. 5. HYDROGEN RESEARCH AND DEVELOPMENT. Section 104 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 104. HYDROGEN RESEARCH AND DEVELOPMENT. ``(a) Establishment of Program.--The Secretary shall conduct a hydrogen research and development program relating to production, storage, transportation, and use of hydrogen, with the goal of enabling the private sector to demonstrate the technical feasibility of using hydrogen for industrial, commercial, residential, transportation, and utility applications. ``(b) Elements.--In conducting the program authorized by this section, the Secretary shall-- ``(1) give particular attention to developing an understanding and resolution of critical technical issues preventing the introduction of hydrogen into the marketplace; ``(2) initiate or accelerate existing research and development in critical technical issues that will contribute to the development of more economical hydrogen production, storage, transportation, and use, including critical technical issues with respect to production (giving priority to those production techniques that use renewable energy resources as their primary source of energy for hydrogen production), liquefaction, transmission, distribution, storage, and use (including use of hydrogen in surface transportation); and ``(3) survey private sector and public sector hydrogen research and development activities worldwide, and take steps to ensure that research and development activities under this section do not-- ``(A) duplicate any available research and development results; or ``(B) displace or compete with the privately funded hydrogen research and development activities of United States industry. ``(c) Evaluation of Technologies.--The Secretary shall evaluate, for the purpose of determining whether to undertake or fund research and development activities under this section, any reasonable new or improved technology that could lead or contribute to the development of economical hydrogen production, storage, transportation, and use. ``(d) Competitive Peer Review.--The Secretary shall carry out or fund research and development activities under this section only on a competitive basis using peer review. ``(e) Cost Sharing.--The Secretary shall require, for research and development activities carried out by industry under this section, a commitment from non-Federal sources of at least 20 percent of the cost of the project.''. SEC. 6. DEMONSTRATIONS. Section 105(c) of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended by inserting ``Non-Federal Funding Requirement.--'' after ``(c)''. SEC. 7. TECHNOLOGY TRANSFER. Section 106 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 106. TECHNOLOGY ASSESSMENT, INFORMATION DISSEMINATION, AND EDUCATION PROGRAM. ``(a) Program.--The Secretary shall, in consultation with the advisory board, conduct a program designed to accelerate wider application of hydrogen production, storage, transportation, and use technologies, including application in foreign countries to increase the global market for the technologies and foster global economic development without harmful environmental effects. ``(b) Information.--The Secretary, in carrying out the program authorized by subsection (a), shall-- ``(1) undertake an update of the inventory and assessment, required under section 106(b)(1) of this Act as in effect before the date of the enactment of the Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001, of hydrogen technologies and their commercial capability to economically produce, store, transport, or use hydrogen in industrial, commercial, residential, transportation, and utility sectors; ``(2) develop, with other Federal agencies as appropriate and industry, an information exchange program to improve technology transfer for hydrogen production, storage, transportation, and use, which may consist of workshops, publications, conferences, and a database for the use by the public and private sectors; and ``(3) foster the exchange of generic, nonproprietary hydrogen production, storage, transportation, and use information and technology among industry, academia, and Federal, State, and local governments.''. SEC. 8. COORDINATION AND CONSULTATION. Section 107 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended-- (1) in subsection (a), by striking ``management responsibility--'' and all that follows through ``(2)'' and inserting ``management responsibility''; and (2) by amending subsection (c) to read as follows: ``(c) Consultation.--The Secretary shall consult with other Federal agencies as appropriate, and the advisory board, in carrying out the Secretary's authorities pursuant to this Act.''. SEC. 9. ADVISORY BOARD. Section 108 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 108. ADVISORY BOARD. ``(a) Establishment.--The Secretary shall enter into appropriate arrangements with the National Academy of Sciences to establish an advisory board consisting of experts drawn from domestic industry, academia, Governmental laboratories, and financial, environmental, and other organizations, as appropriate, to review and advise on the progress made through the programs and activities authorized under this Act. ``(b) Cooperation.--The heads of Federal agencies shall cooperate with the advisory board in carrying out this section and shall furnish to the advisory board such information as the advisory board reasonably deems necessary to carry out this section. ``(c) Review.--The advisory board shall review and make any necessary recommendations to the Secretary on-- ``(1) the implementation and conduct of programs and activities authorized under this Act; and ``(2) the economic, technological, and environmental consequences of the deployment of hydrogen production, storage, transportation, and use systems.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 109 of the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 is amended to read as follows: ``SEC. 109. AUTHORIZATION OF APPROPRIATIONS. ``(a) Research and Development; Advisory Board.--There are authorized to be appropriated to the Secretary to carry out sections 104 and 108-- ``(1) $40,000,000 for fiscal year 2002; ``(2) $45,000,000 for fiscal year 2003; ``(3) $50,000,000 for fiscal year 2004; ``(4) $55,000,000 for fiscal year 2005; and ``(5) $60,000,000 for fiscal year 2006. ``(b) Demonstration.--There are authorized to be appropriated to the Secretary to carry out section 105-- ``(1) $20,000,000 for fiscal year 2002; ``(2) $25,000,000 for fiscal year 2003; ``(3) $30,000,000 for fiscal year 2004; ``(4) $35,000,000 for fiscal year 2005; and ``(5) $40,000,000 for fiscal year 2006.''. SEC. 11. REPEAL. (a) Repeal.--Title II of the Hydrogen Future Act of 1996 is repealed. (b) Conforming Amendment.--Section 2 of the Hydrogen Future Act of 1996 is amended by striking ``titles II and III'' and inserting ``title III''.

Robert S. Walker and George E. Brown, Jr. Hydrogen Energy Act of 2001 - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to revise its purposes to include: (1) research and demonstration activities leading to the use of hydrogen for commercial applications; and (2) the development of a hydrogen production methodology that minimizes adverse environmental impacts, including efficient and cost-effective production from renewable and nonrenewable resources. Repeals as a purpose the development of renewable energy resources as a primary source of energy for hydrogen production.Instructs the Secretary of Energy to: (1) report annually to Congress on programs and activities authorized under the Act; (2) conduct a hydrogen technology transfer program designed to accelerate wider application in foreign countries, increase the global market for hydrogen technologies, and foster global economic development without harmful environmental effects; and (3) enter into arrangements with the National Academy of Sciences to establish an advisory board to replace the current Hydrogen Technical Advisory Panel.Amends the Hydrogen Future Act of 1996 to repeal the program relating to the integration of fuel cells with hydrogen production systems.

To reauthorize and amend the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990, and for other purposes.

Described.-- (1) In general.--For purposes of subsection (a)(1), a joint resolution is described in this paragraph if it is a joint resolution of the two Houses of Congress and the matter after the resolving clause of such a joint resolution is as follows: ``That the Congress authorizes and directs the United States Trade Representative to undertake negotiations to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes relating to XX with respect to the affirmative determination submitted to the Congress by the WTO Dispute Settlement Review Commission on XX,'' the first blank space being filled with the specific rules and procedures with respect to which Trade Representative is to undertake negotiations and the second blank space being filled with the date of the affirmative determination submitted to the Congress by the Commission pursuant to section 4(b) which has given rise to the joint resolution. (2) Withdrawal resolution.--For purposes of subsection (a)(2), a joint resolution is described in this paragraph if it is a joint resolution of the two Houses of Congress and the matter after the resolving clause of such joint resolution is as follows: ``That the Congress authorizes and directs the United States Trade Representative to undertake negotiations to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes relating to XX with respect to the affirmative report submitted to the Congress by the WTO Dispute Settlement Review Commission on XX and if such negotiations do not result in a solution that the Trade Representative, by XX, certifies to the Congress is satisfactory, the Congress withdraws its approval, provided under section 101(a) of the Uruguay Round Agreements Act, of the WTO Agreement as defined in section 2(9) of the Act'', the first blank space being filled with the specific rules and procedures with respect to which the Trade Representative is to undertake negotiations, the second blank space being filled with the date of the affirmative determination submitted to the Congress by the Commission pursuant to section 4(b) which has given rise to the joint resolution, and the third blank space being filled with the date the Congress withdraws its approval of the WTO Agreement. (c) Procedural Provisions.-- (1) In general.--The requirements of this subsection are met if the joint resolution is enacted in accordance with this subsection, and-- (A) in the case of a joint resolution described in subsection (b)(1), the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives an affirmative determination from the Commission described in section 4(b), or (B) in the case of a joint resolution described in subsection (b)(2), the Commission has made 3 affirmative determinations described in section 4(b) during a 5-year period, and the Congress adopts and transmits the joint resolution to the President before the end of the 90-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives the third such affirmative determination. (2) Presidential veto.--In any case in which the President vetoes the joint resolution, the requirements of this subsection are met if each House of Congress votes to override that veto on or before the later of the last day of the 90-day period referred to in subparagraph (A) or (B) of paragraph (1), whichever is applicable, or the last day of the 15-day period (excluding any day described in section 154(b) of the Trade Act of 1974) beginning on the date on which the Congress receives the veto message from the President. (3) Introduction.-- (A) Time.--A joint resolution to which this section applies may be introduced at any time on or after the date on which the Commission transmits to the Congress an affirmative determination described in section 4(b), and before the end of the 90-day period referred to in subparagraph (A) or (B) of paragraph (1), as the case may be. (B) Any member may introduce.--A joint resolution described in subsection (b) may be introduced in either House of the Congress by any Member of such House. (4) Expedited procedures.-- (A) General rule.--Subject to the provisions of this subsection, the provisions of subsections (b), (d), (e), and (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192 (b), (d), (e), and (f)) apply to joint resolutions described in subsection (b) to the same extent as such provisions apply to resolutions under such section. (B) Report of discharge of committee.--If the committee of either House to which a joint resolution has been referred has not reported it by the close of the 45th day after its introduction (excluding any day described in section 154(d) of the Trade Act of 1974), such committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar. (C) Finance and ways and means committees.--It is not in order for-- (i) the Senate to consider any joint resolution unless it has been reported by the Committee on Finance or the committee has been discharged under subparagraph (B); or (ii) the House of Representatives to consider any joint resolution unless it has been reported by the Committee on Ways and Means or the committee has been discharged under subparagraph (B). (D) Special rules for house.--A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. (5) Consideration of second resolution not in order.--It shall not be in order in either the House of Representatives or the Senate to consider a joint resolution (other than a joint resolution received from the other House), if that House has previously adopted a joint resolution under this section relating to the same matter. (d) Rules of House of Representatives and Senate.--This section is enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. SEC. 206. PARTICIPATION IN WTO PANEL PROCEEDINGS. (a) In General.--If the United States Trade Representative, in proceedings before a dispute settlement panel or the Appellate Body of the WTO, seeks-- (1) to enforce United States rights under a multilateral trade agreement; or (2) to defend a challenged action or determination of the United States Government; a private United States person that is supportive of the United States Government's position before the panel or Appellate Body and that has a direct economic interest in the panel's or Appellate Body's resolution of the matters in dispute shall be permitted to participate in consultations and panel proceedings. The Trade Representative shall issue regulations, consistent with subsections (b) and (c), ensuring full and effective participation by any such private person. (b) Access to Information.--The United States Trade Representative shall make available to persons described in subsection (a) all information presented to or otherwise obtained by the Trade Representative in connection with a WTO dispute settlement proceeding. The United States Trade Representative shall promulgate regulations implementing a protective order system to protect information designated by the submitting member as confidential. (c) Participation in Panel Process.--Upon request from a person described in subsection (a), the United States Trade Representative shall-- (1) consult in advance with such person regarding the content of written submissions from the United States to the WTO panel concerned or to the other member countries involved; (2) include, where appropriate, such person or its appropriate representative as an advisory member of the delegation in sessions of the dispute settlement panel; (3) allow such special delegation member, where such member would bring special knowledge to the proceeding, to appear before the panel, directly or through counsel, under the supervision of responsibility United States Government officials; and (4) in proceedings involving confidential information, allow appearance of such person only through counsel as a member of the special delegation. SEC. 207. DEFINITIONS. For purposes of this Act: (1) Appellate body.--The term ``Appellate Body'' means the Appellate Body established under article 17.1 of the Dispute Settlement Understanding. (2) Adverse to the united states.--The term ``adverse to the United States'' includes any report which holds any law, regulation, or application thereof by a government agency to be inconsistent with international obligations under a Uruguay Round Agreement (or a nullification or impairment thereof), whether or not there are other elements of the decision which favor arguments made by the United States. (3) Dispute settlement panel; panel.--The terms ``dispute settlement panel'' and ``panel'' mean a panel established pursuant to article 6 of the Dispute Settlement Understanding. (4) Dispute settlement body.--The term ``Dispute Settlement Body'' means the Dispute Settlement Body administering the rules and procedures set forth in the Dispute Settlement Understanding. (5) Dispute settlement understanding.--The term ``Dispute Settlement Understanding'' means the understanding on rules and procedures governing the settlement of disputes referred to in section 101(d)(16) of the Uruguay Round Agreements Act. (6) Uruguay round agreement.--The term ``Uruguay Round Agreement'' means any of the agreements described in section 101(d) of the Uruguay Round Agreements Act. (7) World trade organization; wto.--The term ``World Trade Organization'' and ``WTO'' mean the organization established pursuant to the WTO Agreement. (8) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing the World Trade Organization entered into on April 15, 1994.

TABLE OF CONTENTS: Title I: NAFTA Renegotiation Act Title II: WTO Dispute Settlement Review Commission Act NAFTA Renegotiation and WTO Dispute Settlement Review Commission Act - Title I: NAFTA Renegotiation Act - Requires the President to renegotiate the terms of the North American Free Trade Agreement (NAFTA) to correct trade deficits and currency distortions. Requires reports to the Congress assessing the impact of NAFTA on U.S. jobs and the environment. Requires the President to consult with the Congress with respect to the renegotiations. Title II: WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review: (1) all reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) which are adverse to the United States and adopted by the Dispute Settlement Body; and (2) upon request of the U.S. Trade Representative (USTR), any other report of such bodies adopted by the Dispute Settlement Body. Requires the USTR to undertake negotiations to amend the rules and procedures of the dispute settlement understanding upon enactment of a joint resolution mandating such negotiations. Permits participation in WTO panel proceedings in support of the United States of a private U.S. person with a direct economic interest in the resolution of the matters in dispute.

NAFTA Renegotiation and WTO Dispute Settlement Review Commission Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Adjacent Zone Safe Oil Transport and Revenue Sharing Act''. SEC. 2. PRODUCTION OF OIL FROM CERTAIN ARCTIC OFFSHORE LEASES. Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334) is amended by adding at the end the following: ``(k) Oil Transportation in Arctic Waters.--The Secretary shall-- ``(1) require that oil produced from Federal leases in Arctic waters in the Chukchi Sea planning area, Beaufort Sea planning area, or Hope Basin planning area be transported by pipeline to onshore facilities; and ``(2) provide for, and issue appropriate permits for, the transportation of oil from Federal leases in Arctic waters in preproduction phases (including exploration) by means other than pipeline.''. SEC. 3. REVENUE SHARING FROM AREAS IN ALASKA ADJACENT ZONE. Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) Revenue Sharing From Areas in Alaska Adjacent Zone.-- ``(1) Definitions.--In this subsection: ``(A) Coastal political subdivision.--The term `coastal political subdivision' means a county- equivalent subdivision of the State all or part of which-- ``(i) lies within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)); and ``(ii) the closest point of which is not more than 300 statute miles from the geographical center of any leased tract. ``(B) Distance.--The term `distance' means minimum great circle distance. ``(C) Indian tribe.--The term `Indian tribe' means an Alaska Native entity recognized and eligible to receive services from the Bureau of Indian Affairs, the headquarters of which is located within 300 miles of the geographical center of a leased tract. ``(D) Leased tract.--The term `leased tract' means a tract leased under this Act for the purpose of drilling for, developing, and producing oil or natural gas resources. ``(E) Renewable energy.--The term `renewable energy' means solar, wind, ocean, current, wave, tidal, or geothermal energy. ``(F) State.--The term `State' means the State of Alaska. ``(2) Revenue sharing.--Subject to paragraphs (3), (4), and (5), effective beginning on the date of enactment of this subsection, the State shall, without further appropriation or action, receive 37.5 percent of all revenues derived from all rentals, royalties, bonus bids, and other sums due and payable to the United States from energy development in any area of the Alaska Adjacent Zone, including from all sources of renewable energy leased, developed, or produced in any area in the Alaska Adjacent Zone. ``(3) Allocation among coastal political subdivisions of the state.-- ``(A) In general.--The Secretary shall pay 25 percent of any allocable share of the State, as determined under paragraph (2), directly to coastal political subdivisions. ``(B) Allocation.-- ``(i) In general.--For each leased tract used to calculate the allocation of the State, the Secretary shall pay the coastal political subdivisions within 300 miles of the geographical center of the leased tract based on the relative distance of the coastal political subdivisions from the leased tract in accordance with this subparagraph. ``(ii) Distances.--For each coastal political subdivision, the Secretary shall determine the distance between the point on the coastal political subdivision coastline closest to the geographical center of the leased tract and the geographical center of the tract. ``(iii) Payments.--The Secretary shall divide and allocate the qualified outer Continental Shelf revenues derived from the leased tract among coastal political subdivisions in amounts that are inversely proportional to the applicable distances determined under clause (ii). ``(4) Allocation among regional corporations.-- ``(A) In general.--The Secretary shall pay 25 percent of any allocable share of the State, as determined under this subsection, directly to certain Regional Corporations established under section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a)). ``(B) Allocation.-- ``(i) In general.--For each leased tract used to calculate the allocation of the State, the Secretary shall pay the Regional Corporations, after determining those Native villages within the region of the Regional Corporation which are within 300 miles of the geographical center of the leased tract based on the relative distance of such villages from the leased tract, in accordance with this paragraph. ``(ii) Distances.--For each such village, the Secretary shall determine the distance between the point in the village closest to the geographical center of the leased tract and the geographical center of the tract. ``(iii) Payments.--The Secretary shall divide and allocate the qualified outer Continental Shelf revenues derived from the leased tract among the qualifying Regional Corporations in amounts that are inversely proportional to the distances of all of the Native villages within each qualifying region. ``(iv) Revenues.--All revenues received by each Regional Corporation under clause (iii) shall be-- ``(I) treated by the Regional Corporation as revenue subject to the distribution requirements of section 7(i)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(i)(1)(A)); and ``(II) divided annually by the Regional Corporation among all 12 Regional Corporations in accordance with section 7(i) of that Act. ``(v) Further distribution to village corporations.--A Regional Corporation receiving revenues under clause (iii) or (iv)(II) shall further distribute 50 percent of the revenues received to the Village Corporations in the region and the class of stockholders who are not residents of those villages in accordance with section 7(j) of that Act (43 U.S.C. 1606(j)). ``(5) Allocation among indian tribes.-- ``(A) In general.--The Secretary shall pay 10 percent of any allocable share of the State, as determined under this subsection, directly to Indian tribes. ``(B) Allocation.-- ``(i) In general.--For each leased tract used to calculate the allocation of the State, the Secretary shall pay Indian tribes based on the relative distance of the headquarters of the Indian tribes from the leased tract, in accordance with this subparagraph. ``(ii) Distances.--For each Indian tribe, the Secretary shall determine the distance between the location of the headquarters of the Indian tribe and the geographical center of the tract. ``(iii) Payments.--The Secretary shall divide and allocate the qualified outer Continental Shelf revenues derived from the leased tract among the Indian tribes in amounts that are inversely proportional to the distances described in clause (ii). ``(6) Conservation royalty.--After making distributions under paragraph (2) and section 31, the Secretary shall, without further appropriation or action, distribute a conservation royalty equal to 15 percent of Federal royalty revenues derived from an area leased under this subsection from all areas leased under this subsection for any year, into the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) to provide financial assistance to States under section 6 of that Act (16 U.S.C. 460l-8). ``(7) Deficit reduction.--After making distributions in accordance with paragraph (2) and in accordance with section 31, the Secretary shall, without further appropriation or action, distribute an amount equal to 7.5 percent of Federal royalty revenues derived from an area leased under this subsection from all areas leased under this subsection for any year, into direct Federal deficit reduction.''. SEC. 4. IMPOSITION OF EXCISE TAX ON BITUMEN TRANSPORTED INTO THE UNITED STATES. (a) In General.--Subsection (a) of section 4612 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1), by striking ``and natural gasoline'' and inserting ``, natural gasoline, and bitumen'', and (2) by inserting at the end the following new paragraph: ``(10) Bitumen.--The term `bitumen' includes diluted bitumen, bituminous mixtures, or any oil manufactured from bitumen or a bituminous mixture.''. (b) Effective Date.--The amendments made by this section shall apply to oil and petroleum products received or entered after December 31, 2013.

Alaska Adjacent Zone Safe Oil Transport and Revenue Sharing Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of the Interior to: (1) require oil produced from federal leases in certain Arctic waters, except in preproduction phases (including explorations), to be transported by pipeline to onshore facilities; and (2) provide for, and issue appropriate permits for, the transportation of oil from such leases in preproduction phases (including exploration) by means other than pipeline. Requires that the state of Alaska receive 37.5% of all revenues derived from all rentals, royalties, bonus bids and other sums payable to the United States from energy development in any area of the Alaska Adjacent Zone, including from all sources of renewable energy leased, developed, or produced in such Zone. Sets forth an allocation scheme under which the Secretary of the Interior is directed to pay: (1) 25% of any allocable state share directly to coastal political subdivisions, (2) 25% of any allocable state share to certain Regional Corporations, and (3) 10% of any allocable state share directly to Indian tribes. Instructs the Secretary to distribute: (1) 15% of certain federal royalty revenues into a specified land and water conservation fund to provide financial assistance to states, and (2) 7.5% of certain federal royalty revenues into direct federal deficit reduction. Amends the Internal Revenue Code to impose an excise tax on bitumen transported into the United States.

Alaska Adjacent Zone Safe Oil Transport and Revenue Sharing Act

SECTION 1. MEDICARE FRAUD, WASTE, AND ABUSE PREVENTION SOLUTION. (a) Establishment.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall develop and implement a fraud, waste, and abuse comprehensive pre-payment review prevention system (in this section referred to as the ``Prevention System'') for reviewing claims for reimbursement under the Medicare Program under title XVIII of the Social Security Act (in this section referred to as the ``Medicare Program''). (2) Implementation.--The Secretary shall carry out the Prevention System acting through the Center for Program Integrity of the Centers for Medicare & Medicaid Services. (b) Selection of Claims Across All Provider Types.--The Prevention System shall cover all types of providers of services and suppliers under the Medicare Program, but may be limited to a subset of claim segments. (c) System Design Elements.--To the extent practicable, the Prevention System, shall-- (1) be holistic; (2) be able to view and analyze all provider of services, supplier, and patient activities from multiple providers of services and suppliers under the Medicare Program; (3) be able to be integrated into the health care claims flow in existence as of the date of the enactment of this Act with minimal effort, time, and cost; (4) be designed to use technologies, including predictive modeling, that can utilize integrated near real-time transaction risk scoring and referral strategy capabilities to identify transactions, patterns, anomalies, and linkages that are statistically unusual or suspicious and can undertake analysis before payment is made and that prioritizes unusual or suspicious claims in terms of likelihood of potential fraud, waste, or abuse to more efficiently utilize investigative resources; (5) be designed to-- (A) allow for ease of integration into multiple points along the claims flow under the Medicare Program (pre-adjudication and post-adjudication of such claims) in order to demonstratively show that the system ranks the likelihood of high-risk behavior patterns and of fraud, waste, or abuse; and (B) utilize experimental design methodology to monitor and measure the performance between the control treatments (which shall be the methods and assessments used as of the day before the date of the enactment of this Act to address fraud, waste, and abuse under the Medicare Program) and test treatments (which shall be the Prevention System identification of such fraud, waste, and abuse and actions taken pursuant to such system to address such fraud, waste, and abuse); and (6) be provided through competitively bid contracts using the Federal Acquisition Regulations. (d) System Operation.-- (1) Scoring and near real-time analysis.-- (A) In general.--The Prevention System shall identify high-risk Medicare claims by scoring all such claims in near real-time, prior to the Centers for Medicare & Medicaid Services making payment on such claims under the Medicare Program. (B) Use of scores.--The scores under subparagraph (A) shall be communicated to the fraud management system under subsection (f). (C) Near real-time analysis.--Under the Prevention System, the near real-time analysis of Medicare claims data shall be conducted in a manner that ensures-- (i) prompt identification of fraud, waste, and abuse; and (ii) prompt payment of legitimate claims. (2) Predictive modeling.--The Prevention System shall involve the implementation of a statistically sound, empirically derived predictive modeling technology that is designed to prevent fraud, waste, and abuse (by identifying such fraud, waste, and abuse before payment is made under the Medicare Program on related claims). The Prevention System shall use a predictive model to identify fraud, waste, and abuse that is-- (A) based on historical transaction data, from across all markets and regions available, to build and continuously re-develop scoring models that are capable of incorporating external data and external models from other sources into the predictive model; and (B) regularly updated, through the feedback loop under subsection (g), to provide information and incorporate data on reimbursement claims that is collected through the Prevention System, including information gathered through the investigation of claims for reimbursement under the Medicare Program that the system identifies as being potentially fraudulent, wasteful, or abusive. (3) Protections for patients and providers.--The identification of an unusual or suspect Medicare claim by the Prevention System shall-- (A) not result in the denial of items or services to an individual under the Medicare Program until such claim is further reviewed by the Secretary; and (B) not result in a failure to comply with prompt payment requirements under applicable law. (4) Compliance with hipaa.--Any data collected, stored, or reviewed under the Prevention System shall be treated in a manner that is in accordance with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and any other applicable law. (e) Treatment of Data.-- (1) In general.--The Prevention System shall be a high volume, rapid, near real-time information technology solution, which includes data pooling and scoring capabilities to quickly and accurately capture and evaluate data. (2) Data sources.--The Prevention System shall, for purposes of preventing fraud, waste, and abuse under the Medicare Program-- (A) use data from claims for reimbursement under the Medicare Program contained in existing files of Medicare claims data, including the Common Working File of the Centers for Medicare & Medicaid Services; and (B) to the extent practicable, pool data from all available Government sources (including the Death Master File of the Social Security Administration). (3) Data storage.--The Prevention System shall be stored in an industry standard secure data environment that complies with applicable Federal privacy laws for use in building Medicare fraud, waste, and abuse prevention predictive models that have a comprehensive view of provider and supplier activity across all markets, geographic areas, and provider and supplier types. (f) Fraud Management System.-- (1) In general.--The Prevention System shall utilize a fraud management system containing workflow management and workstation tools to provide the ability to systematically present score, reason codes, and treatment actions for high- risk scored transactions, as determined under subsection (d). (2) Review of claims.--The fraud management system under paragraph (1) shall ensure that analysts who review Medicare claims have the capability to access, review, and research claims efficiently, as well as decline or approve payments on claims in an automated manner. (g) Feedback Loop.-- (1) In general.--The Prevention System shall utilize a feedback loop to gain access to outcome information on adjudicated Medicare claims so future system enhancements can utilize previous experience. (2) Purpose.--The purpose of the feedback loop under paragraph (1) is to-- (A) enable the Secretary to measure-- (i) the actual amount of fraud, waste, and abuse under the Medicare Program; and (ii) any savings to the Medicare Program resulting from implementation of the Prevention System; and (B) provide necessary data to develop future, enhanced models for use in the Prevention System. (3) Analysis of final claims status.--The feedback loop under paragraph (1) shall analyze data from all carriers to provide post-payment information about the eventual status of a Medicare claim as ``Normal'', ``Fraud'', ``Waste'', ``Abuse'', or ``Education required''. (h) Claims Review Prior to Payment.-- (1) Review before payment.--Subject to paragraph (2), if a claim for reimbursement under the Medicare Program is selected for review under the Prevention System, the Secretary shall not make a payment on such claim until such claim has been reviewed under the system. In order to carry out this paragraph, the Secretary shall ensure that appropriate controls and technology are in place to assess and measure the effectiveness of the Prevention System, predictive models used under such system, and the overall strategy for Medicare claims review. (2) Timely review.-- (A) In general.--The review of a claim under the Prevention System shall occur in a timely manner. (B) Application of prompt payment requirements.-- The limitation on payment under paragraph (1) shall not interfere with the prompt payment of a Medicare claim in accordance with applicable law. (3) Manual review.--If automated technology presents a score, reason code, or treatment action for a claim that is scored as ``high-risk,'' the Prevention System shall provide for manual review of medical records related to such claim by both clinical and fraud investigators to ensure accuracy and mitigate false positive events. (4) Self-audit review.--The Secretary may use self-audit practices by providers and suppliers under the Prevention System in a manner such that once high-risk claims are identified through the predictive modeling, providers and suppliers are offered the opportunity to adjust or withdraw their claims. (5) Denial of payment for fraudulent claims.--Under the Prevention System, if automated technology of a claim under paragraph (3) and manual review under paragraph (4) confirm fraud has occurred, the Secretary may deny payment of such claim. (i) Annual Assessment Report.-- (1) In general.--Not later than 2 years after the implementation of the Prevention System, the Secretary, through the Office of the Inspector General of the Department of Health and Human Services, shall submit to Congress a report on the implementation of such system. (2) Contents.--The report submitted under paragraph (1) may contain-- (A) a detailed assessment of the Prevention System's success in identifying fraud, waste, and abuse; (B) the costs of operating the Prevention System; and (C) an analysis of the overall return on investment for the Prevention System. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary. (k) Expansion.--If the Secretary determines that the Prevention System results in savings to the Medicare Program, the Secretary shall expand the project throughout Federal health programs, including the Medicaid Program under title XIX of the Social Security Act and the Children's Health Insurance Program under title XXI of such Act.

Directs the Secretary of Health and Human Services (HHS) to develop and implement a fraud, waste, and abuse comprehensive prepayment review Prevention System for reviewing claims for reimbursement under title XVIII (Medicare) of the Social Security Act. Requires the Secretary to carry out the system acting through the Center for Program Integrity of the Centers for Medicare and Medicaid Services (CMS). Requires the Prevention System to cover all types of providers and suppliers under the Medicare program, but allows it to be limited to a subset of claim segments. Requires the Prevention System to: (1) be a high volume, rapid, near real-time information technology solution which includes data pooling and scoring capabilities to quickly and accurately capture and evaluate data; (2) identify high-risk Medicare claims by scoring all such claims in near real-time before payment is made; (3) involve a statistically sound, empirically derived predictive modeling technology; and (4) utilize a fraud management system that presents score, reason codes, and treatment actions for high-risk scored transactions, and a feedback loop to gain access to outcome information on adjudicated Medicare claims. Prohibits the Secretary from making a payment on a claim selected for review until it has been reviewed under the System.

To provide for the establishment of a fraud, waste, and abuse detection and mitigation program for the Medicare Program under title XVIII of the Social Security Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Cargo Security Act''. SEC. 2. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT. Section 44901(f) of title 49, United States Code, is amended to read as follows: ``(f) Cargo.-- ``(1) In general.--The Under Secretary of Transportation for Security shall establish systems to screen, inspect, or otherwise ensure the security of all cargo that is to be transported in-- ``(A) passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation; or ``(B) all-cargo aircraft in air transportation and intrastate air transportation. ``(2) Strategic plan.--The Under Secretary shall develop a strategic plan to carry out paragraph (1).''. SEC. 3. AIR CARGO SHIPPING. (a) In General.--Subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44922. Regular inspections of air cargo shipping facilities ``The Under Secretary of Transportation for Security shall establish a system for the regular inspection of shipping facilities for shipments of cargo transported in air transportation or intrastate air transportation to ensure that appropriate security controls, systems, and protocols are observed, and shall enter into arrangements with the civil aviation authorities, or other appropriate officials, of foreign countries to ensure that inspections are conducted on a regular basis at shipping facilities for cargo transported in air transportation to the United States.''. (b) Additional Inspectors.--The Under Secretary for Transportation Security may increase the number of inspectors as necessary to implement the requirements of title 49, United States Code, as amended by this subtitle. (c) Conforming Amendment.--The chapter analysis for chapter 449 of title 49, United States Code, is amended by adding at the end the following: ``44922. Regular inspections of air cargo shipping facilities.''. SEC. 4. CARGO CARRIED ABOARD PASSENGER AIRCRAFT. (a) In General.--Subchapter I of chapter 449 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 44923. Air cargo security ``(a) Database.--The Under Secretary of Transportation for Security shall establish an industry-wide pilot program database of known shippers of cargo that is to be transported in passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation. The Under Secretary shall use the results of the pilot program to improve the known shipper program. ``(b) Indirect Air Carriers.-- ``(1) Random inspections.--The Under Secretary shall conduct random audits, investigations, and inspections of indirect air carrier facilities to determine if the indirect air carriers are meeting the security requirements of this title. ``(2) Ensuring compliance.--The Under Secretary may take such actions as may be appropriate to promote and ensure compliance with the security standards established under this title. ``(3) Notice of failures.--The Under Secretary shall notify the Secretary of Transportation of any indirect air carrier that fails to meet security standards established under this title. ``(4) Suspension or revocation of certificate.--The Secretary, as appropriate, shall suspend or revoke any certificate or authority issued under chapter 411 to an indirect air carrier immediately upon the recommendation of the Under Secretary. Any indirect air carrier whose certificate is suspended or revoked under this subparagraph may appeal the suspension or revocation in accordance with procedures established under this title for the appeal of suspensions and revocations. ``(5) Indirect air carrier.--In this subsection, the term `indirect air carrier' has the meaning given that term in part 1548 of title 49, Code of Federal Regulations. ``(c) Consideration of Community Needs.--In implementing air cargo security requirements under this title, the Under Secretary may take into consideration the extraordinary air transportation needs of small or isolated communities and unique operational characteristics of carriers that serve those communities.''. (b) Assessment of Indirect Air Carrier Program.--The Under Secretary of Transportation for Security shall assess the security aspects of the indirect air carrier program under part 1548 of title 49, Code of Federal Regulations, and report the result of the assessment, together with any recommendations for necessary modifications of the program to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives within 45 days after the date of enactment of this Act. The Under Secretary may submit the report and recommendations in classified form. (c) Report to Congress on Random Audits.--The Under Secretary shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on random screening, audits, and investigations of air cargo security programs based on threat assessments and other relevant information. The report may be submitted in classified form. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out this section. (e) Conforming Amendment.--The chapter analysis for chapter 449 of title 49, United States Code, is further amended by adding at the end the following: ``44923. Air cargo security.''. SEC. 5. TRAINING PROGRAM FOR CARGO HANDLERS. The Under Secretary of Transportation for Security shall establish a training program for any persons that handle air cargo to ensure that the cargo is properly handled and safeguarded from security breaches. SEC. 6. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT. (a) In General.--The Under Secretary of Transportation for Security shall establish a program requiring that air carriers operating all- cargo aircraft have an approved plan for the security of their air operations area, the cargo placed aboard such aircraft, and persons having access to their aircraft on the ground or in flight. (b) Plan Requirements.--The plan shall include provisions for-- (1) security of each carrier's air operations areas and cargo acceptance areas at the airports served; (2) background security checks for all employees with access to the air operations area; (3) appropriate training for all employees and contractors with security responsibilities; (4) appropriate screening of all flight crews and persons transported aboard all-cargo aircraft; (5) security procedures for cargo placed on all-cargo aircraft as provided in section 44901(f)(1)(B) of title 49, United States Code; and (6) additional measures deemed necessary and appropriate by the Under Secretary. (c) Confidential Industry Review and Comment.-- (1) Circulation of proposed program.--The Under Secretary shall-- (A) propose a program under subsection (a) within 90 days after the date of enactment of this Act; and (B) distribute the proposed program, on a confidential basis, to those air carriers and other employers to which the program will apply. (2) Comment period.--Any person to which the proposed program is distributed under paragraph (1) may provide comments on the proposed program to the Under Secretary not more than 60 days after the date on which the proposed program is so distributed. (3) Final program.--The Under Secretary shall issue a final program under subsection (a) not later than 45 days after the last date on which comments may be provided under paragraph (2). The final program shall contain time frames for the plans to be implemented by each air carrier or employer to which it applies. (4) Suspension of procedural norms.--Neither chapter 5 of title 5, United States Code, nor the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the program required by this section.

Air Cargo Security Act - Amends Federal aviation law to require the screening of cargo that is to be transported in passenger aircraft operated by domestic and foreign air carriers in interstate and intrastate air transportation (currently, only those transported by all-cargo aircraft). Directs the Under Secretary of Transportation for Security under the Transportation Security Administration to develop a strategic plan to carry out such screening.Sets forth certain measures to increase the safety and security of air cargo, including the establishment of systems that: (1) provide for the regular inspection of shipping facilities for cargo shipments; (2) provide an industry-wide pilot program database of known cargo shippers; (3) train persons that handle air cargo to ensure that such cargo is properly handled and safe-guarded from security breaches; and (4) require air carriers operating all-cargo aircraft to have an approved plan for the security of their air operations area, the cargo placed aboard the aircraft, and persons having access to their aircraft on the ground or in flight.Directs the Under Secretary to conduct random audits, investigations, and inspections of indirect air carrier facilities to determine if the indirect air carriers are meeting the security requirements of this Act.

To improve air cargo security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Speech Protection Act of 2008''. SEC. 2. FINDINGS. The Congress finds the following: (1) The freedom of speech and the press is enshrined in the First Amendment to the United States Constitution. (2) Free speech, the free exchange of information, and the free expression of ideas and opinions are essential to the functioning of representative democracy in the United States. (3) The free expression and publication by journalists, academics, commentators, experts, and others of the information they uncover and develop through research and study is essential to the formation of sound public policy and thus to the security of Americans. (4) The First Amendment jurisprudence of the Supreme Court, articulated in such precedents as New York Times v. Sullivan, 376 U.S. 254 (1964), and its progeny, reflects the fundamental value that Americans place on promoting the free exchange of ideas and information, requiring in cases involving public figures a demonstration of actual malice--that is, that allegedly defamatory, libelous, or slanderous statements about public figures are not merely false but made with knowledge of that falsity or with reckless disregard of their truth or falsity. (5) Some persons are obstructing the free expression rights of Americans, and the vital interest of the American people in receiving information on matters of public importance, by first seeking out foreign jurisdictions that do not provide the full extent of free-speech protection that is fundamental in the United States and then suing Americans in such jurisdictions in defamation actions based on speech uttered or published in the United States--speech that is fully protected under First Amendment jurisprudence in the United States and the laws of the several States and the District of Columbia. (6) Some of these actions are intended not only to suppress the free speech rights of journalists, academics, commentators, experts, and other individuals but to intimidate publishers and other organizations that might otherwise disseminate or support the work of those individuals with the threat of prohibitive foreign lawsuits, litigation expenses, and judgments that provide for money damages and other speech-suppressing relief. (7) The governments and courts of some foreign countries have failed to curtail this practice, permitting lawsuits filed by persons who are often not citizens of those countries, under circumstances where there is often little or no basis for jurisdiction over the Americans against whom such suits are brought. (8) Some of the plaintiffs bringing such suits are intentionally and strategically refraining from filing their suits in the United States, even though the speech at issue was published in the United States, in order to avoid the Supreme Court's First Amendment jurisprudence and frustrate the protections it affords Americans. (9) The Americans against whom such suits are brought must consequently endure the prohibitive expense, inconvenience, and anxiety attendant to being sued in foreign courts for conduct that is protected by the First Amendment, or decline to answer such suits and risk the entry of costly default judgments that may be executed in countries other than the United States where those individuals travel or own property. (10) Journalists, academics, commentators, experts, and others subjected to such suits are suffering concrete and profound financial and professional damage for engaging in conduct that is protected under the United States Constitution and essential to informing the American people, their representatives, and other policy-makers. (11) In turn, the American people are suffering concrete and profound harm because they, their representatives, and other government policymakers rely on the free expression of information, ideas, and opinions developed by responsible journalists, academics, commentators, experts, and others for the formulation of sound public policy, including national security policy. (12) The United States respects the sovereign right of other countries to enact their own laws regarding speech, and seeks only to protect the First Amendment rights of Americans in connection with speech that occurs, in whole or in part, in the United States. SEC. 3. FEDERAL CAUSE OF ACTION. (a) Cause of Action.--Any United States person against whom a lawsuit is brought in a foreign country for defamation on the basis of the content of any writing, utterance, or other speech by that person that has been published, uttered, or otherwise disseminated in the United States may bring an action in a United States district court specified in subsection (f) against any person who, or entity which, brought the foreign suit if the writing, utterance, or other speech at issue in the foreign lawsuit does not constitute defamation under United States law. (b) Jurisdiction.--It shall be sufficient to establish jurisdiction over the person or entity bringing a foreign lawsuit described in subsection (a) that such person or entity has filed the lawsuit against a United States person, or that such United States person has assets in the United States against which the claimant in the foreign action could execute if a judgment in the foreign lawsuit were awarded. (c) Remedies.-- (1) Order to bar enforcement and other injunctive relief.-- If the cause of action set forth in subsection (a) is established, the district court shall order that any foreign judgment in the foreign lawsuit in question may not be enforced in the United States, including by any Federal, State, or local court, and may order such other injunctive relief that the court considers appropriate to protect the right to free speech under the First Amendment to the United States Constitution. (2) Damages.--In addition to the remedy under paragraph (1), damages may be awarded to the United States person bringing the action under subsection (a), based on the following: (A) The amount of the foreign judgment. (B) The costs, including all legal fees, attributable to the foreign lawsuit that have been borne by the United States person. (C) The harm caused to the United States person due to decreased opportunities to publish, conduct research, or generate funding. (d) Treble Damages.--If, in an action brought under subsection (a), the factfinder determines by a preponderance of the evidence that the person or entity bringing the foreign lawsuit at issue intentionally engaged in a scheme to suppress First Amendment rights by discouraging publishers or other media not to publish, or discouraging employers, contractors, donors, sponsors, or similar financial supporters not to employ, retain, or support, the research, writing, or other speech of a journalist, academic, commentator, expert, or other individual, the factfinder may award treble damages. (e) Expedited Discovery.--Upon the filing of an action under subsection (a), the court may order expedited discovery if the court determines, based on the allegations in the complaint, that the speech at issue in the foreign defamation action is protected by the First Amendment to the United States Constitution. (f) Venue.--An action under subsection (a) may be brought by a United States person only in a United States district court in which the United States person is domiciled, does business, or owns real property that could be executed against in satisfaction of a judgment in the foreign defamation lawsuit giving rise to the action. (g) Timing of Action; Statute of Limitations.-- (1) Timing.--An action under subsection (a) may be commenced after the filing of the defamation lawsuit in a foreign country on which the action is based. (2) Statute of limitations.--For purposes of section 1658(a) of title 28, United States Code, the cause of action under subsection (a) accrues on the date on which the defamation lawsuit in a foreign country on which the cause of action is based is filed. SEC. 4. APPLICABILITY. This Act applies with respect to any foreign lawsuit that is described in section 3(a) and is brought in the foreign country concerned before, on, or after the date of the enactment of this Act. SEC. 5. CONSTRUCTION. Nothing in this Act limits the right of foreign litigants who bring good faith defamation actions to prevail against journalists, academics, commentators, and others who have failed to adhere to standards of professionalism by publishing false information maliciously or recklessly. SEC. 6. DEFINITIONS. In this Act: (1) Defamation.--The term ``defamation'' means any action for defamation, libel, slander, or similar claim alleging that forms of speech are false or have caused damage to reputation. (2) Foreign country.--The term ``foreign country'' means any country other than the United States. (3) Foreign judgment.--The term ``foreign judgment'' means any judgment of a foreign country, including the court system of a foreign country, that grants or denies any form of relief, including injunctive relief and monetary damages, in a defamation action. (4) United states.--The term ``United States'' means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (5) United states person.--The term ``United States person'' includes a United States citizen, an alien lawfully admitted for permanent residence to the United States, and a business entity lawfully doing business in the United States.

Free Speech Protection Act of 2008 - Allows any U.S. person against whom a lawsuit for defamation is brought in a foreign country on the basis of the content of any speech by that person that has been published, uttered, or otherwise disseminated in the United States to bring an action in a U.S. district court against any person who, or entity which, brought the suit, if the speech at issue in the foreign lawsuit does not constitute defamation under U.S. law. Allows the award of treble damages if it is determined by a preponderance of the evidence that the person or entity bringing the foreign lawsuit intentionally engaged in a scheme to suppress rights under the First Amendment to the Constitution by discouraging publishers or other media from publishing, or by discouraging financial supporters from employing, retaining, or supporting the research, writing, or other speech of an individual.

To create a Federal cause of action to determine whether defamation exists under United States law in cases in which defamation actions have been brought in foreign courts against United States persons on the basis of publications or speech in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Human Rights Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) There is currently not a democratic government in Iran. Instead, Iran is an ideological dictatorship presided over by an unelected Supreme Leader with limitless veto power, an unelected Expediency Council, and a Council of Guardians capable of eviscerating any reforms. (2) The Supreme Leader appoints the heads of the judiciary, the clergy members on the powerful Council of Guardians, the commanders of all the armed forces, Friday prayer leaders, and the head of radio and television and confirms the president's election, rendering him the most powerful person in Iranian politics with little accountability within the political system. (3) Members of the Council of Guardians in Iran, who are chosen by the Supreme Leader, must vet all candidates for election based on their political predispositions and all legislation before it can be entered into law. (4) There has been a re-entrenchment of revolutionary forces in the political system in Iran. Elections held in February 2004 resulted in significant gains by conservative hard-liners affiliated with the regime's clerical army, the Pasdaran, culminating in the election of President Mahmoud Ahmadinejad in June 2005. (5) Over the past decade, human rights have been in steady decline in Iran. Torture, executions after unfair trials, and censorship of all media remain rampant throughout the country. Stoning, amputation, flogging, and beheading are used as methods of punishment. (6) Since his rise to power, President Ahmadinejad has embarked upon a concerted campaign of domestic repression, including new restrictions on radio, television, and film content, a ban on the publication of virtually all books, and an expansion in the activities of the regime's ``morals police''. (7) The United Nations General Assembly adopted Resolution 61/176 on December 19, 2006, to express its grave concern over the deteriorating human rights situation in Iran. The resolution urges the Government of Iran ``to ensure full respect for the rights to freedom of assembly, opinion and expression ... to eliminate the use of torture and other cruel, inhuman or degrading treatment or punishment ... [and] to eliminate, in law and in practice, all forms of discrimination based on religion, ethnicity, or linguistic grounds. (8) The 2006 State Department Country Reports on Human Rights Practices states that ``the Government's poor human rights record worsened, and it continued to commit numerous, serious abuses''. (9) According to Human Rights Watch's World Report 2006, many of the human rights violations committed in Iran were performed by quasi-official ``parallel institutions'', which include ``paramilitary groups and plainclothes intelligence agents [that] violently attack peaceful protesters, and intelligence services [that] run illegal secret prisons and interrogation centers''. Uniformed police officers are fearful of challenging plainclothes agents, who belong to groups such as Ansar-e Hizbollah and Basij. (10) According to the 2006 State Department International Religious Freedom Report, the population of Iran is 89 percent Shi'a Muslim and 8 percent Sunni Muslim; less than 2 percent of the remaining population is comprised of Baha'is, Jews, Christians, Mandaeans, and Zoroastrians. (11) Religious minorities in Iran face significant discrimination, including imprisonment, harassment, and intimidation. Accordingly, the Secretary of State has, since 1999, designated Iran as a country of particular concern pursuant to section 402(b)(1)(A) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)). (12) Ambeyi Ligabo, United Nations Special Rapporteur on the Right to Freedom of Opinion and Expression, submitted a report to the Commission on Human Rights in 2004 on ``Civil and Political Rights, Including the Question of Freedom of Expression''. Mr. Ligabo asserted that ``the climate of fear induced by the systematic repression of people expressing critical views against the authorized political and religious doctrine and the functioning of the institutions coupled with the severe and disproportionate sentences imposed lead to self- censorship on the part of many journalists, intellectuals, politicians, students and the population at large, thus in effect impeding freedom of expression''. (13) According to the 2006 State Department Country Reports on Human Rights Practices, on July 31, 2006, student protestor Akbar Mohammadi died in Evin Prison from medical complications related to a hunger strike. The report states that ``authorities reportedly denied Mohammadi's parents permission to see their son's body and did not respond to calls for an independent investigation into the cause of death. (14) Amnesty International's 2003 Report on Iran detailed the arrest of Iranian-born Canadian journalist Zahra Kazemi for taking photographs outside Evin prison in Tehran on June 23, 2003. Over the course of her detention, judicial officials interrogated Ms. Kazemi for three days. While in custody, Ms. Kazemi was beaten, and she died of a brain hemorrhage on July 23, 2003. Despite court orders for investigation, no progress has been made on this case. (15) Men and women are not equal under the laws of Iran, and women are legally deprived of their basic rights. The 2006 State Department Country Reports on Human Rights Practices stated that the weight of a woman's court testimony in Iran is half that of a man's testimony and the family of a female crime victim in that country receives only half the amount of ``blood money'' provided to the family of a male crime victim. The Government of Iran mandates gender segregation in most public spaces, including on public buses and at entrances to public buildings, universities, and airports. (16) The April 30, 2007, State Department Country Reports on Terrorism states that Iran remains the most active state sponsor of terrorism. (17) There exists a broad-based movement and desire for political change in the Islamic Republic of Iran that is pro- democratic and seeks freedom and economic opportunity, and which represents all sectors of Iranian society, including youth, women, students, military personnel, and religious figures. (18) The people of Iran have increasingly expressed frustration at the slow pace of reform in Iran, and any efforts for nonviolent change in their society have been suppressed. (19) On September 7, 2006, Mohammad Khatami, President of Iran from 1997 to 2005, became the highest ranking Iranian to visit Washington, DC, since the hostage crisis of 1979, despite his government's state sponsorship of terrorism, repression of political opponents, and dismal human rights record and the advancement of Iran's uranium enrichment program. (20) President Ahmadinejad is moving to limit freedom of expression in higher education. On September 5, 2006, he expressed concern that universities were too secular and called for a purge of liberal and secular faculty members from universities in Iran. SEC. 3. AMENDMENTS TO THE IRAN FREEDOM SUPPORT ACT. (a) Foreign Policy Priorities.--Section 301(a) of the Iran Freedom Support Act (Public Law 109-293; 22 U.S.C. 2151 note) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking ``in Iran.'' and inserting ``inside and outside Iran that maintain internationally recognized human rights standards, including those provided for in the Universal Declaration of Human Rights and the Helsinki Commitments;''; and (3) by adding at the end the following: ``(3) to make the deplorable human rights record of the Government of Iran a top concern and priority of United States foreign policy; and ``(4) to keep the deplorable human rights record of Iran a top priority, irrespective of ongoing nuclear issues.''. (b) Support for Democracy and Human Rights in Iran.--Section 302 of such Act is amended-- (1) by amending the section header to read as follows: ``support for democracy and human rights in iran''; and (2) by redesignating subsections (a) through (g) as subsections (b) through (h), respectively; (3) in subsection (d), as redesignated-- (A) by inserting ``, acting through the Special Envoy,'' after ``The President''; and (B) in paragraph (2), by striking ``(g)'' and inserting ``(h)''; and (4) by inserting before subsection (b) the following: ``(a) Special Envoy on Human Rights in Iran.-- ``(1) Appointment of special envoy.--The President shall appoint a special envoy for human rights in Iran within the Department of State (in this section referred to as the `Special Envoy'). The Special Envoy should-- ``(A) be a person of recognized distinction in the field of human rights; ``(B) not be an incumbent official of the Department of State; and ``(C) report directly to the Secretary of State. ``(2) Duties.-- ``(A) In general.--The Special Envoy shall coordinate and promote efforts to improve respect for the fundamental human rights of the people of Iran and work with organizations committed to promoting democracy in Iran. ``(B) Specific duties.--The Special Envoy shall-- ``(i) support and promote international efforts to promote human rights and political freedoms in Iran, including coordination between the United States and the United Nations, the European Union, the Organization for Security and Cooperation in Europe, and countries in the region; ``(ii) establish the regional framework described in section 304; ``(iii) coordinate with appropriate offices of the Department of State, the Department of Defense, the National Security Council, and such other agencies as may be necessary to coordinate the establishment and operation of the regional framework; ``(iv) serve as point of contact for opposition groups, diaspora groups, and nongovernmental organizations interested in advocating democracy and human rights in Iran; ``(v) coordinate efforts with appropriate departments and agencies of the Federal Government, international organizations, nongovernmental organizations, and individuals and organizations from the Iranian diaspora to acquire greater information and reporting on conditions in Iran; ``(vi) oversee funding for, and providing consultative authority with respect to, public and private broadcasting into Iran; and ``(vii) review strategies for improving the protection of human rights in Iran, including technical training and exchange programs. ``(3) Report on activities.--Not later than 180 days after the date of the enactment of the Iran Human Rights Act of 2007, and annually thereafter for each of the following 5 years, the Special Envoy shall submit a report on the activities undertaken under paragraph (2) during the preceding 12 months to-- ``(A) the Committee on Foreign Relations of the Senate; ``(B) the Committee on Appropriations of the Senate; ``(C) the Committee on Foreign Affairs of the House of Representatives; and ``(D) the Committee on Appropriations of the House of Representatives.''. (c) Sense of Congress.--Title III of such Act is amended by adding at the end the following: ``SEC. 303. SENSE OF CONGRESS ON THE IMPORTANCE OF HUMAN RIGHTS IN IRAN. ``It is the sense of Congress that-- ``(1) there is a direct relationship between the state of freedom and democracy within Iran and the efforts of the current regime of Iran to acquire nuclear weapons and the long- term success of the global war on terror; and ``(2) it is essential that the issue of human rights violations in Iran should remain a top United States foreign policy priority, independent of efforts to address the nuclear threat in Iran. ``SEC. 304. ESTABLISHMENT OF REGIONAL FRAMEWORK. ``(a) Finding.--Congress finds that human rights initiatives can be undertaken on a multilateral basis, as demonstrated by the Organization for Security and Cooperation in Europe, which established a regional framework for discussing human rights, scientific and educational cooperation, and economic and trade issues. ``(b) Sense of Congress.--It is the sense of Congress that the United States Government should explore the possibility of a regional human rights dialogue on Iran that is modeled on the Helsinki process established by the Organization for Security and Cooperation in Europe, engaging all countries in the region in a common commitment to respect human rights and fundamental freedoms. ``SEC. 305. SENSE OF CONGRESS ON THE ROLE OF THE UNITED NATIONS. ``It is the sense of Congress that the United Nations has a significant role to play in promoting and improving human rights in Iran, and that-- ``(1) the United Nations General Assembly has taken positive steps by adopting Resolution 61/176, which expresses its grave concern over the deteriorating human rights situation in Iran; ``(2) the severe human rights violations in Iran warrant country-specific attention and reporting by the United Nations Working Group on Arbitrary Detention, the United Nations Working Group on Enforced and Involuntary Disappearances, the Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the Special Rapporteur on Freedom of Religion or Belief, and the Special Rapporteur on Violence Against Women; ``(3) United Nations member states should not support Iran as a member of the United Nations Human Rights Council until the Government of Iran has made significant progress in its human rights record, including the adherence to the Universal Declaration on Human Rights; and ``(4) the Special Envoy should work with the United Nations to compile accurate statistical data on social and political conditions inside Iran. ``SEC. 306. SENSE OF CONGRESS ON VISA POLICY. ``It is the sense of Congress that the commitment to human rights and democracy of a national of Iran who has applied for a visa to enter the United States should be considered when determining the eligibility of such national for the visa.''.

Iran Human Rights Act of 2007 - Amends the Iran Freedom Support Act to direct the President to appoint a special envoy for human rights in Iran within the Department of State to coordinate efforts to improve respect for the fundamental human rights of the people of Iran and work with organizations committed to promoting democracy in Iran. Expresses the sense of Congress that: (1) there is a direct relationship between the state of freedom and democracy within Iran and the efforts of the Iranian regime to acquire nuclear weapons and the long-term success of the global war on terror; (2) it is essential that the issue of human rights violations in Iran should remain a top U.S. foreign policy priority independent of efforts to address the nuclear threat in Iran; (3) the U.S. government should explore the possibility of a regional human rights dialogue with Iran; (4) the United Nations has a significant role to play in improving human rights in Iran; and (5) the commitment to human rights and democracy of an Iranian national who has applied for a U.S. entry visa should be considered when determining visa eligibility.

To hold the current regime in Iran accountable for its human rights record and to support a transition to democracy in Iran.