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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Lebanon and Syria Liberation Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--STRENGTHENING OF INTERNATIONAL SANCTIONS AGAINST SYRIA Sec. 101. Declarations of policy. Sec. 102. Codification of existing sanctions. Sec. 103. Sanctions against certain persons. Sec. 104. Sanctions against certain foreign countries. Sec. 105. Diplomatic efforts. Sec. 106. Report on assistance to, and commerce with, Syria. TITLE II--ASSISTANCE TO SUPPORT DEMOCRACY IN SYRIA AND SOVEREIGNTY AND DEMOCRACY IN LEBANON Sec. 201. Declarations of policy. Sec. 202. Assistance to support a transition to democracy in Syria and restoration of sovereign democratic governance in Lebanon. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (2) Person.--The term ``person'' means any United States or foreign individual, partnership, corporation, or other form of association, or any of their successor entities, parents or subsidiaries. (3) Syria.--The term ``Syria'' includes any agency or instrumentality of Syria. (4) United states assistance.--The term ``United States assistance'' means-- (A) any assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2251 et seq.), other than urgent humanitarian assistance or medicine; (B) sales and assistance under the Arms Export Control Act (22 U.S.C. 2751 et seq.); (C) financing by the Commodity Credit Corporation for export sales of agricultural commodities; and (D) financing under the Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.). TITLE I--STRENGTHENING OF INTERNATIONAL SANCTIONS AGAINST SYRIA SEC. 101. DECLARATIONS OF POLICY. Congress makes the following declarations of policy: (1) The actions of the Government of the Syrian Arab Republic, including its support for terrorism, its development of long-range missiles and weapons of mass destruction programs and capabilities, its continued occupation of the Lebanese Republic in violation of its international obligations, its support for, and facilitation of, all terrorist activities inside of Iraq, and its massive, systematic, and extraordinary violations of human rights of both the Syrian and Lebanese people, are a threat to the national security interests of the United States and international peace. (2) The policy of the United States shall be to deny Syria the ability to carry out the following: (A) To finance, provide safe-haven, or otherwise support terrorist organizations. (B) To develop biological, chemical, or nuclear weapons and long-range ballistic missiles. (C) To continue to occupy and otherwise interfere in the affairs of the Government of Lebanon in contravention of United Nations Security Council Resolutions 425 (1978), 426 (1978), 520 (1982), and 1559 (2004), and other pertinent obligations. (D) To continue to oppress the people of Syria. (3) The President should advocate for, and should instruct the United States Permanent Representative to the United Nations to propose and seek within the United Nations Security Council, a mandatory international embargo against the Government of Syria, pursuant to Article 41 of the Charter of the United Nations. (4) Any effort by a country that is a recipient of United States foreign assistance to facilitate, directly or indirectly, the development of Syria's nuclear, biological, or chemical weapons capabilities, long-range ballistic missile development programs, or to help make operational any nuclear facility in Syria will have a detrimental impact on United States assistance to such country. SEC. 102. CODIFICATION OF EXISTING SANCTIONS. United States sanctions, controls, and regulations relating to Syria and persons who are determined to be facilitating the Government of Syria, as in effect on the date of the enactment of this Act, shall remain in effect until the President certifies to the appropriate congressional committees that-- (1) a government exists in Syria that-- (A) has ceased any and all support for terrorism; (B) has permanently dismantled Syria's biological, chemical, or nuclear weapons programs and has committed to combat the proliferation of such weapons; (C) has withdrawn from Lebanon and respects the boundaries and sovereignty of all neighboring countries; and (D) upholds and defends human rights and civil liberties; and (2) sovereignty has been restored to Lebanon and there exists a freely-elected, internationally recognized democratic government in Lebanon. SEC. 103. SANCTIONS AGAINST CERTAIN PERSONS. (a) Prohibition.--If any person knowingly transfers or retransfers goods or technology so as to contribute to the efforts by Syria to acquire or develop destabilizing numbers and types of advanced conventional weapons, or to acquire, develop, produce, or stockpile biological, chemical, or nuclear weapons and long-range ballistic missiles, then the sanctions described in subsection (b) shall be imposed. (b) Sanctions.--The sanctions to be imposed pursuant to subsection (a) are as follows: (1) Procurement sanction.--The United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person. (2) Export sanction.--The United States Government shall not issue any license for any export by or to the sanctioned person. (3) Import sanction.--The President shall ban the importation of any article that is a product of the sanctioned person. SEC. 104. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES. (a) Prohibition.--If the President determines that the government of any foreign country knowingly transfers or retransfers goods or technology, or provides assistance, so as to contribute to the efforts by Syria to acquire or develop destabilizing numbers and types of advanced conventional weapons, or to acquire, develop, produce, or stockpile biological, chemical, or nuclear weapons and long-range ballistic missiles, then two or more of the sanctions described in subsection (b), and the sanctions described in subsection (c), shall be imposed. (b) Sanctions.--The sanctions referred to in subsection (a) are as follows: (1) Suspension of united states assistance.--The United States Government shall suspend United States assistance to the sanctioned country. (2) Export sanction.--The United States Government shall not issue any license for any export by or to the sanctioned country. (3) Import sanction.--The President shall ban the importation of any article that is a product of the sanctioned country. (4) International financial institution assistance.--The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to oppose and vote against the extension by such institution of any financial or technical assistance to the sanctioned country. (5) Suspension of codevelopment or coproduction agreements.--The United States shall suspend compliance with its obligations under any memorandum of understanding with the sanctioned country for the codevelopment or coproduction of any item on the United States Munitions List (established under section 38 of the Arms Export Control Act (22 U.S.C. 2778)), including any obligation for implementation of the memorandum of understanding through the sale to the sanctioned country of technical data or assistance or the licensing for export to the sanctioned country of any component part. (6) United states munitions list.--No item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) may be exported to the sanctioned country. (c) Suspension of Military and Dual-Use Technical Exchange Agreements.--The United States shall suspend compliance with its obligations under any technical exchange agreement involving military and dual-use technology between the United States and the sanctioned country that does not directly contribute to the security of the United States, and no military or dual-use technology may be exported from the United States to the sanctioned country pursuant to that agreement during that period. SEC. 105. DIPLOMATIC EFFORTS. (a) Bilateral Efforts.--It is the sense of Congress that the Secretary of State should ensure that United States diplomatic personnel abroad understand and, in their contacts with foreign officials, are communicating the reasons for United States policy and sanctions against the Government of Syria, and are urging foreign governments to cooperate more effectively with the Government of the United States. (b) United Nations System.--The President shall direct the United States Permanent Representative to the United Nations, United Nations organizations and entities, and United Nations affiliated agencies and bodies, to continue to use the voice and vote of the United States to oppose Syria's membership and candidacy for leadership posts in such institutions, and engage in diplomatic efforts to secure multilateral support for such efforts. (c) United Nations Commission on Human Rights.--The President shall take the necessary steps to secure support for a resolution at the United Nations Commission on Human Rights holding the the Government of Syria accountable for its systematic violations of human rights of Syrian and Lebanese citizens and calling for the appointment of a United Nations Special Rapporteur to investigate these human rights violations. (d) International Financial Institutions.--The President shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice and vote of the United States to oppose any loan or other assistance to Syria and to oppose Syria's membership in the institution. (e) International Atomic Energy Agency.--The President shall instruct the United States Permanent Representative to the International Atomic Energy Agency (IAEA) to seek the adoption of a resolution calling on Syria to declare all nuclear related facilities, immediately and unconditionally suspend any activity which could be used to develop nuclear weapons capability, and provide full access to IAEA inspectors to its nuclear-related facilities. (f) United States and Regional Contact Groups.--The President shall seek to establish contact groups with relevant countries in the Middle East to provide forums in which United States officials who are responsible for counter-proliferation efforts are able to meet, at least twice each year, with their counterpart from such countries to-- (1) discuss the global threats presented by Iranian nuclear proliferation and sponsorship of international terrorism; and (2) develop strategies to effectively address these threats. SEC. 106. REPORT ON ASSISTANCE TO, AND COMMERCE WITH, SYRIA. (a) Report.--Not later than 90 days after the date of the enactment of this Act, and on an annual basis thereafter, the President shall transmit to the appropriate congressional committees a report on assistance to, and commerce with, Syria by other foreign countries during the preceding 12-month period. (b) Contents.--Each report required by subsection (a) shall, for the period covered by the report, contain the following information, to the extent such information is available: (1) A description of all bilateral assistance provided to Syria by other foreign countries, including humanitarian assistance. (2) A description of Syria's commerce with foreign countries, including an identification of Syria's trading partners and the extent of such trade. (3) A description of the joint ventures completed, or under consideration, by foreign nationals and business firms involving facilities in Syria, including an identification of the location of the facilities involved and a description of the terms of agreement of the joint ventures and the names of the parties that are involved. (4) A determination of the amount of debt of the Government of Syria that is owed to each foreign country, including-- (A) the amount of debt exchanged, forgiven, or reduced under the terms of each investment or operation in Syria involving foreign nationals; and (B) the amount of debt owed to the foreign country that has been exchanged, forgiven, or reduced in return for a grant by the Syrian Government of an equity interest in a property, investment, or operation of the Syrian Government or of a Syrian national. (5) A description of the steps taken to assure that raw materials and semifinished or finished goods produced by facilities in Syria involving foreign nationals do not enter the United States market, either directly or through third countries or parties. (6) An identification of countries and entities that provide, or have provided, arms or military supplies from Syria or that otherwise have entered into agreements with Syria that could have a military application, including-- (A) a description of the military supplies, equipment, or other material sold, bartered, or exchanged between Syria and such countries; (B) a listing of the goods, services, credits, or other consideration received by Syria in exchange for military supplies, equipment, or material; and (C) the terms or conditions of any such agreement. (c) Form.--The report submitted under subsection (a) shall be in unclassified form but may include a classified annex. TITLE II--ASSISTANCE TO SUPPORT DEMOCRACY IN SYRIA AND SOVEREIGNTY AND DEMOCRACY IN LEBANON SEC. 201. DECLARATIONS OF POLICY. (a) Syria.--It shall be the policy of the United States to support independent human rights and pro-democracy forces in Syria to promote the emergence of a democratic government that-- (1) will denounce and combat terrorism; (2) will dismantle its biological, chemical, and nuclear weapons programs and commit to combat the proliferation of such weapons; (3) will respect the boundaries and sovereignty of its neighbors and live in peace and security with all the countries in the region; and (4) will uphold and defend the human rights and civil liberties of its citizens. (b) Lebanon.--It shall be the policy of the United States to initiate efforts to restore Lebanese sovereignty, including the immediate and unconditional withdrawal of all Syrian personnel from Lebanon, and to support Lebanese civil society and pro-democracy forces in restoring a freely-elected, internationally recognized democratic government in Lebanon. SEC. 202. ASSISTANCE TO SUPPORT A TRANSITION TO DEMOCRACY IN SYRIA AND RESTORATION OF SOVEREIGN DEMOCRATIC GOVERNANCE IN LEBANON. (a) Authorization.--Notwithstanding any other provision of law, the President is authorized to provide assistance and other support for individuals and independent nongovernmental organizations to support a transition to a freely-elected, internationally recognized democratic government in Syria and the restoration of sovereign, democratic rule in Lebanon. (b) Activities Supported.--Assistance provided under subsection (a) shall, to the maximum extent practicable, be used to carry out the following activities: (1) Democracy-building and civil society efforts in Syria and Lebanon, including the provision of assistance to organizations certified by the President to be independent democratic organizations, victims of political repression and their families, and prisoners of conscience and their families. (2) Radio and television broadcasting to Syria and Lebanon to support democracy-building and civil society efforts in Syria and Lebanon. (c) Authorization of Appropriations.--There are authorized to be appropriated to the President to carry out this section such sums as may be necessary for fiscal year 2006 and each subsequent fiscal year.

Lebanon and Syria Liberation Act - States that U.S. sanctions, controls, and regulations relating to Syria shall remain in effect until the President certifies that: (1) Syria has ceased support for terrorism, has dismantled biological, chemical, or nuclear weapons programs and has committed to combat their proliferation, has withdrawn from Lebanon and respects the boundaries and sovereignty of all neighboring countries, and upholds human rights and civil liberties; and (2) sovereignty has been restored to Lebanon. Imposes specified trade, assistance, and military sanctions, as appropriate, on persons or countries that transfer goods or technology so as to contribute to Syria's biological, chemical, nuclear, or advanced conventional weapons programs. Sets forth diplomatic measures intended to achieve such nonproliferation. Directs the President to provide assistance to support a democratic transition in Syria and the restoration of sovereign, democratic rule in Lebanon. Authorizes appropriations.

To strengthen sanctions against the Government of Syria, to establish a program to support a transition to a democratically elected government in Syria and the restoration of sovereignty and democratic rule in Lebanon, and for other purposes.

SECTION 1. MODIFICATION OF CIRCUMSTANCES UNDER WHICH PERSONS CONVICTED OF COMMITTING CAPITAL OFFENSES MAY BE INTERRED IN NATIONAL CEMETERIES. (a) Prohibition of Interment in National Cemetery.--Section 2411 of title 38, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``for which the person was sentenced to death or life imprisonment''; and (B) in paragraph (2), by striking ``for which the person was sentenced to death or life imprisonment without parole''; and (2) in subsection (d)-- (A) in paragraph (1), by striking ``the death penalty or life imprisonment'' and inserting ``a life sentence or the death penalty''; and (B) in paragraph (2), by striking ``the death penalty or life imprisonment without parole may be imposed'' and inserting ``a life sentence or the death penalty may be imposed''. (b) Rulemaking.--The Secretary of Veterans Affairs shall prescribe regulations to ensure that a person is not interred in any cemetery in the National Cemetery System unless a good faith effort has been made to determine whether such person is described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment under Federal law. SEC. 2. MODIFICATION OF CIRCUMSTANCES UNDER WHICH PERSONS COMMITTING CAPITAL OFFENSES ARE DENIED INTERMENT IN MILITARY CEMETERIES AND FUNERAL HONORS. (a) Prohibition of Interment in Military Cemetery.--Section 985 of title 10, United States Code, is amended-- (1) in subsection (a), by striking ``who has been convicted '' and all that follows through ``without parole'' and inserting ``described in section 2411(b) of title 38''; (2) in subsection (b), by striking ``convicted of a capital offense under Federal law'' and inserting ``described in section 2411(b) of title 38''; and (3) by striking subsection (c) and inserting the following: ``(c) Definition.--In this section, the term `burial' includes inurnment.''. (b) Denial of Funeral Honors.--Section 1491(h) of title 10, United States Code, is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): ``(h) Exception for Veterans Convicted of Committing Capital Crimes.--In accordance with section 985(a) of this title, the Secretary of Defense shall not ensure that funeral honors are provided under this section for a person described in section 2411(b) of title 38.''. (c) Rulemaking.--The Secretary of Defense shall prescribe regulations to ensure that a person is not interred in a cemetery referred to in paragraph (1), (2), or (3) of section 985(b) of title 10, United States Code, or provided funeral honors under section 1491 of such title unless a good faith effort has been made to determine whether such person is a person described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment or honors under Federal law. SEC. 3. REMOVAL OF REMAINS OF RUSSELL WAYNE WAGNER FROM ARLINGTON NATIONAL CEMETERY. (a) Findings.--Congress finds the following: (1) Arlington National Cemetery is a national shrine that memorializes the honorable service of members of the Armed Forces who have defended the freedoms that all Americans enjoy. (2) The inclusion among the honored dead interred at Arlington National Cemetery of persons who have committed particularly notorious, heinous acts brings dishonor to those honored dead and disrespect to their loved ones. (3) The removal from Arlington National Cemetery of the remains of a person who has committed a heinous act would not be an act of punishment against that person, but rather an act that would preserve the sacredness of the cemetery grounds. (b) Removal of Remains.-- (1) Removal.--The Secretary of the Army shall remove the remains of Russell Wayne Wagner from Arlington National Cemetery. (2) Notification of next-of-kin.--On or before the date on which the remains of Russell Wayne Wagner are removed, the Secretary of the Army shall notify the next-of-kin of record for Russell Wayne Wagner of the removal of his remains (3) Reinternment.--Upon the removal of the remains of Russell Wayne Wagner, the Secretary of the Army shall arrange for the internment or inurnment of those remains in a public or private cemetery or, if requested, relinquish the remains to the next-of-kin of record.

Prohibits the interment or memorialization in a national or military cemetery of, or the performance of military funeral honors for, any person convicted of a federal or state capital crime for which a life sentence or the death penalty may be imposed. (Currently, such prohibition extends only to those so convicted who have been sentenced to death or life imprisonment without parole.) Directs the Secretaries of Veterans Affairs and Defense to prescribe regulations to ensure that a person is not interred in a national or military cemetery or provided funeral honors unless a good faith effort has been made to determine whether such person is ineligible for such interment or honors. Directs the Secretary of the Army to remove the remains of Russell Wayne Wagner from Arlington National Cemetery.

To amend titles 10 and 38, United States Code, to modify the circumstances under which a person who has committed a capital offense is denied certain burial-related benefits and funeral honors, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Farmer Viability Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the farm-retail price spread (the difference between farm and retail values) for dairy products has doubled since the early 1980's; (2) the price of raw milk sent to the market by dairy producers has fallen to levels received in 1978; and (3) the number of family-sized dairy operations has decreased by almost 75 percent in the last 2 decades, with some States losing nearly 10 percent of their dairy farmers in recent months. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Dairy Farmer Viability Commission'' (referred to in this Act as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 15 members appointed by the Secretary. (2) Prohibition on federal government employment.--A member of the Commission appointed under paragraph (1) shall not be an employee or former employee of the Federal Government. (3) Date of appointments.--The appointment of a member of the Commission shall be made as soon as practicable after the date of enactment of this Act. (c) Term; Vacancies.-- (1) Term.--A member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy on the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment was made. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. SEC. 4. DUTIES. (a) Study.--The Commission shall conduct a study on matters relating to improving the viability of dairy farming. (b) Recommendations.--The Commission shall develop recommendations to improve the viability of dairy farming after considering, with respect to dairy industry-- (1) farm prices; (2) competition; (3) leverage; (4) stability; and (5) concentration in the marketplace. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the President and Congress a report that contains-- (1) a detailed statement of the findings and conclusions of the Commission; and (2) the recommendations of the Commission for such legislation and administrative actions as the Commission considers appropriate. SEC. 5. POWERS. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (b) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this Act. (2) Provision of information.--On request of the Chairperson of the Commission, the head of the agency shall provide the information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--A member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (b) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission. (2) Confirmation of executive director.--The employment of an executive director shall be subject to confirmation by the Commission. (3) Compensation.-- (A) In general.--Except as provided in subparagraph (B), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates. (B) Maximum rate of pay.--The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (d) Detail of Federal Government Employees.-- (1) In general.--An employee of the Federal Government may be detailed to the Commission without reimbursement. (2) Civil service status.--The detail of the employee shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title. SEC. 7. FUNDING. The Secretary of Agriculture shall provide to the Commission for each fiscal year such sums as are necessary to carry out this Act, to be derived by transfer of a proportionate amount of funds for administrative expenses from each other account for which funds are made available to the Department of Agriculture for administrative expenses for the fiscal year. SEC. 8. TERMINATION OF COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits the report of the Commission under section 4(c).

Dairy Farmer Viability Act - Establishes the Dairy Farmer Viability Commission which shall study and report on matters affecting the viability of dairy farming.

A bill to establish the Dairy Farmer Viability Commission.

SECTION 1. MODIFICATIONS TO RULES FOR FRACTIONAL GIFTS. (a) Income Tax.-- (1) Additional requirements for deduction.--Paragraph (1) of section 170(o) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Denial of deduction in certain cases.-- ``(A) In general.--No deduction shall be allowed for a contribution of an undivided portion of a taxpayer's entire interest in tangible personal property unless-- ``(i) all interests in the property are held immediately before such contribution by-- ``(I) the taxpayer, or ``(II) the taxpayer and the donee, ``(ii) in the case of an initial fractional contribution, such contribution is an undivided portion of not less than 10 percent of all interests in the property, ``(iii) in the case of an initial fractional contribution, the contribution is made pursuant to a written binding contract which requires the donor-- ``(I) to contribute not less than 20 percent of all interests in the property on or before the date that is 11 years after the date of the initial fractional contribution, and ``(II) to contribute all of the interests in such property to the donee (or if such donee is no longer in existence, to any person described in subsection (c)) on or before the earlier of the date of the death of the donor or the date which is 20 years after the date of the initial fractional contribution, and ``(iv) if the value of the tangible personal property with respect to which the undivided portion of the taxpayer's entire interest relates is greater than $1,000,000 (or such greater amount as determined by the Secretary), the taxpayer attaches to the return for the taxable year in which such contribution is made a statement of value obtained from the Internal Revenue Service. ``(B) Exceptions.--The Secretary may, by regulation, provide for exceptions to subparagraph (A)(i) in cases where all persons who hold an interest in the property make proportional contributions of an undivided portion of the entire interest held by such persons. Such regulations may modify the requirements of clauses (ii) and (iii) of subparagraph (A) to the extent necessary to carry out the purposes of this subparagraph.''. (2) Valuation of subsequent gifts.--Paragraph (2) of section 170(o) of such Code is amended to read as follows: ``(2) Valuation of subsequent gifts.--In the case of any additional contribution, the fair market value of such contribution shall be determined by multiplying-- ``(A) the fair market value of all of the donor's interest in the property immediately before the additional contribution, and ``(B) the interest in the property (expressed as a percentage) contributed in such additional contribution.''. (3) Recapture of deduction.--Paragraph (3) of section 170(o) of such Code is amended-- (A) by redesignating subparagraph (B) as subparagraph (C), and (B) by striking subparagraph (A) and inserting the following: ``(A) Recapture.--The Secretary shall provide for the recapture of the amount of any deduction allowed under this section (plus interest) with respect to any contribution of an undivided portion of a taxpayer's entire interest in tangible personal property-- ``(i) in any case in which the donor fails to meet the requirements described in paragraph (1)(A)(iii), and ``(ii) in any case where such property is not in the physical possession of the donee and used in a use which is related to a purpose or function constituting the basis for the donee organization's exemption under section 501 during any applicable period for a period of time which bears substantially the same ratio to 5 years as-- ``(I) the percentage of the undivided interest of the donee in the property (determined on the day after such contribution was made), bears to ``(II) 100 percent. ``(B) Applicable period.--For purposes of subparagraph (A), the applicable period means-- ``(i) the 5-year period beginning on the date of the later of the initial fractional contribution, and ``(ii) each subsequent 5-year period occurring during the 20-year period described in paragraph (1)(A)(iii)(II).''. (b) Estate Tax.--Paragraph (1) of section 2055(g) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Valuation of subsequent gifts.--In the case of any additional contribution, the fair market value of such contribution shall be determined by multiplying-- ``(A) the fair market value of all of the donor's interest in the property immediately before the additional contribution, and ``(B) the interest in the property (expressed as a percentage) contributed in such additional contribution.''. (c) Gift Tax.-- (1) Additional requirements for deduction.--Paragraph (1) of section 2522(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Denial of deduction in certain cases.-- ``(A) In general.--No deduction shall be allowed for a contribution of an undivided portion of a taxpayer's entire interest in tangible personal property unless-- ``(i) all interests in the property are held immediately before such contribution by-- ``(I) the taxpayer, or ``(II) the taxpayer and the donee, ``(ii) in the case of an initial fractional contribution, such contribution is an undivided portion of not less than 10 percent of all interests in the property, ``(iii) in the case of an initial fractional contribution, the contribution is made pursuant to a written binding contract which requires the donor-- ``(I) to contribute not less than 20 percent of all interests in the property on or before the date that is 11 years after the date of the initial fractional contribution, and ``(II) to contribute all of the interests in such property to the donee (or if such donee is no longer in existence, to any person described in section 170(c)) on or before the earlier of the date of the death of the donor or the date which is 20 years after the date of the initial fractional contribution, and ``(iv) if the value of the tangible personal property with respect to which the undivided portion of the taxpayer's entire interest relates is greater than $1,000,000 (or such greater amount as determined by the Secretary), the taxpayer attaches to the return for the taxable year in which such contribution is made a statement of value obtained from the Internal Revenue Service. ``(B) Exceptions.--The Secretary may, by regulation, provide for exceptions to subparagraph (A)(i) in cases where all persons who hold an interest in the property make proportional contributions of an undivided portion of the entire interest held by such persons. Such regulations may modify the requirements of clauses (ii) and (iii) of subparagraph (A) to the extent necessary to carry out the purposes of this subparagraph.''. (2) Valuation of subsequent gifts.--Paragraph (2) of section 2522(e) of such Code is amended to read as follows: ``(2) Valuation of subsequent gifts.--In the case of any additional contribution, the fair market value of such contribution shall be determined by multiplying-- ``(A) the fair market value of all of the donor's interest in the property immediately before the additional contribution, and ``(B) the interest in the property (expressed as a percentage) contributed in such additional contribution.''. (3) Recapture of deduction.--Paragraph (3) of section 2522(e) of such Code is amended-- (A) by redesignating subparagraph (B) as subparagraph (C), and (B) by striking subparagraph (A) and inserting the following: ``(A) Recapture.--The Secretary shall provide for the recapture of the amount of any deduction allowed under this section (plus interest) with respect to any contribution of an undivided portion of a taxpayer's entire interest in tangible personal property-- ``(i) in any case in which the donor fails to meet the requirements described in paragraph (1)(A)(iii), and ``(ii) in any case where such property is not in the physical possession of the donee and used in a use which is related to a purpose or function constituting the basis for the donee organization's exemption under section 501 during any applicable period for a period of time which bears substantially the same ratio to 5 years as-- ``(I) the percentage of the undivided interest of the donee in the property (determined on the day after such contribution was made), bears to ``(II) 100 percent. ``(B) Applicable period.--For purposes of subparagraph (A), the applicable period means-- ``(i) the 5-year period beginning on the date of the later of the initial fractional contribution, and ``(ii) each subsequent 5-year period occurring during the 20-year period described in paragraph (1)(A)(iii)(II).''. (d) Return Requirement.--Section 6033 of the Internal Revenue Code of 1986 is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Additional Provisions Relating to Organizations Described in Section 170(c).--Every organization described in section 170(c) shall, on any return required under subsection (a), list each charitable contribution received by the organization during the period covered by the return which represents a contribution of an undivided portion of a taxpayer's entire interest in tangible personal property and provide such other information with respect to such contribution as required by the Secretary.''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to contributions, bequests, and gifts made after the date of the enactment of this Act. (2) Return requirement.--The amendments made by subsection (d) shall apply to returns for taxable years ending after the date of the enactment of this Act. (f) Transition Rule.--In the case of any additional contribution (as defined in section 170(o)(4) of the Internal Revenue Code of 1986) with respect to an initial fractional contribution (as defined in such section) made after August 17, 2006, and before the date of the enactment of this Act-- (1) except for purposes of determining the fair market value of such contribution under sections 170(o)(2), 2055(g)(1), and 2522(e)(2) of the Internal Revenue Code of 1986 (as such sections were amended by this Act), such contribution shall be treated as an initial fractional contribution (as so defined) subject to the amendments made by this section, and (2) sections 170(o)(3)(A)(i) and 2522(e)(3)(A)(i) of such Code (as in effect before the date of the enactment of this Act) shall not apply with respect to any prior contribution of an undivided portion of the taxpayer's interest in the property.

Amends Internal Revenue Code provisions relating to the tax deduction for donations of fractional interests in tangible personal property to: (1) permit donors to claim an increased deduction based upon the market value of subsequent gifts of fractional interests, (2) extend to 20 years the period in which donors of fractional interests must contribute their entire interest in donated property, and (3) require donors of fractional interests greater than $1 million to attach a statement of value obtained from the Internal Revenue Service (IRS) to their tax returns.

A bill to amend the Internal Revenue Code of 1986 to reform the rules relating to fractional charitable donations of tangible personal property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Seniors' Medicare Choices from Obamacare Act of 2014''. SEC. 2. ELIMINATING PPACA ENHANCED MEDICAID FMAP FOR PRISONERS AND APPLYING SAVINGS TO MEDICARE ADVANTAGE IMPROVEMENT FUND. (a) Elimination of PPACA Enhanced Medicaid FMAP for Prisoners.-- (1) In general.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (A) in subsection (y)(2)(A), by adding at the end the following: ``Such term does not include an individual described in such subparagraph during the period in which the individual is an inmate in a public institution or in which the public institution maintains jurisdiction over the individual.''; and (B) in subsection (z)(1)(A), by inserting before the period at the end the following: ``and who are not inmates of a public institution (or individuals over whom a public institution maintains jurisdiction)''. (2) Effective date.--The amendments made by paragraph (1) shall apply to items and services furnished on or after January 1, 2015. (b) Application of Savings to 2015 to Establishment of 2015 Medicare Advantage Stabilization Program.--Section 1859 of the Social Security Act (42 U.S.C. 1395w-28) is amended by adding at the end the following new subsection: ``(h) 2015 Medicare Advantage Stabilization Program.-- ``(1) Establishment.--There is established a Medicare Advantage stabilization program (in this subsection referred to as the `stabilization program') under which the Secretary shall, subject to paragraph (6), provide a PMPM stabilization funding amount to each eligible Medicare Advantage plan in accordance with this subsection to be used by such plan for plan year 2015 to address the beneficiary plan inadequacies applicable to such plan (as described in paragraph (5)). ``(2) Eligible medicare advantage plans.--For purposes of this subsection, an eligible Medicare Advantage plan is a Medicare Advantage plan to be offered for plan year 2015 that the Secretary determines, based on the bid of such plan submitted under section 1854 for such plan year, satisfies at least one of the following criteria: ``(A) Increased beneficiary costs.--The total costs (including premiums, cost-sharing responsibilities, and deductibles) projected to be applicable to individuals who enroll in such plan for such plan year are at least 7 percent more than the such total costs that were applicable to individuals enrolled in such plan for plan year 2014. ``(B) Decreased supplemental benefits.--The supplemental benefits to be offered under such plan for such plan year 2015 are less than the supplemental benefits offered under such plan for plan year 2014. ``(C) Decreased provider network.--The number of physicians in the plan's network has been reduced by 3 percent or more from plan year 2014 to plan year 2015. ``(3) Distribution of pmpm stabilization funding amounts.-- ``(A) In general.--Subject to the availability of funds under paragraph (6), under the stabilization program, the Secretary shall distribute, not later than December 31, 2014, to each eligible Medicare Advantage plan a PMPM stabilization funding amount, as determined by the Secretary in accordance with subparagraph (B). ``(B) PMPM stabilization funding amount.--A PMPM stabilization funding amount, with respect to an eligible Medicare Advantage plan, shall be determined in accordance with the following: ``(i) Such amount shall be an amount, with respect to each month of plan year 2015, for each individual projected to be enrolled in such plan for such plan year. ``(ii) Subject to paragraph (6) and clause (iii), such amount shall be an amount determined by the Secretary to be sufficient for such plan to address for plan year 2015 each beneficiary plan inadequacy specified in paragraph (4) applicable to such plan. ``(iii) Such amount shall not be more than $85 per member per month. ``(4) Timing of determinations.--Under the stabilization program, the Secretary shall determine which Medicare Advantage plans are eligible Medicare Advantage plans under paragraph (2), and the PMPM stabilization funding amount to be distributed to each such eligible Medicare Advantage plan under paragraph (3), by not later than October 15, 2014. ``(5) Applicable beneficiary plan inadequacies.--For purposes of this subsection, a beneficiary plan inadequacy applicable to an eligible Medicare Advantage plan is each of the criteria described in paragraph (2) that the Secretary determined the plan satisfied for qualifying as such an eligible Medicare Advantage plan. ``(6) Funding.-- ``(A) In general.--There shall be available to the Secretary from amounts in the general fund in the Treasury not otherwise appropriated an amount, not to exceed $3,000,000,000, to carry out this subsection. Such amounts shall remain so available until December 31, 2015. Any amounts made so available but not expended on or before such date shall be transferred to the general fund in the Treasury. ``(B) Clarification.--Payments under the stabilization program shall not be taken into account for purposes of determining the premium payments applicable under part B.''.

Protecting Seniors' Medicare Choices from Obamacare Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to eliminate the increased Medicaid federal medical assistance percentage (FMAP, or federal matching amount) for prisoners with respect to their hospital care under the Patient Protection and Affordable Care Act. Amends SSA title XVIII (Medicare) part C (Medicare+Choice) to establish a Medicare Advantage (MA) stabilization program under which the Secretary of Health and Human Services (HHS) shall distribute a stabilization funding amount to each eligible MA plan for plan year 2015 to address any beneficiary plan inadequacies.

Protecting Seniors' Medicare Choices from Obamacare Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Generating American Income and Infrastructure Now Act''. SEC. 2. REQUIRED SALE OF DISTRESSED NOTES AND OTHER OBLIGATIONS. (a) In General.-- (1) Coordination of sale of distressed notes.--The Secretary of Agriculture shall sell, under terms established by the Secretary of the Treasury, distressed notes and other obligations held by the Department of Agriculture. (2) Deposit of proceeds.--Of the proceeds from the sale of the notes and obligations pursuant to paragraph (1)-- (A) 50 percent shall be deposited in an account specifically designated for purposes of carrying out infrastructure projects in low-income communities (as defined in section 45D(e) of the Internal Revenue Code of 1986); and (B) 50 percent shall be retained in the Treasury for purposes of deficit reduction. (b) Terms and Procedures of Sales.-- (1) Fair market valuation.--The Secretary of the Treasury shall consult with the Secretary of Agriculture to establish a fair market valuation for the sale of the distressed notes or other obligations pursuant to this section. (2) No recourse or liability.--The sale of distressed notes or other obligations pursuant to this section shall be on a nonrecourse basis. The Secretary of Agriculture and any subsequent purchaser of such notes or other obligations sold on a nonrecourse basis shall be relieved of any responsibilities that might have been imposed had the borrower remained indebted to the Secretary of Agriculture. (3) Contract provisions.--The sale of distressed notes or other obligations pursuant to this section shall not alter the terms specified in the note or other obligation. (4) Notification; notice and comment.--Not less than 60 days before the sale of a distressed note or other obligation pursuant to this section, the Secretary of Agriculture shall notify the borrower that the Department of Agriculture intends to sell such note or other obligation. (5) Notice and comment.--During the 60-day period before the sale of a distressed note or other obligation under this section, the Secretary of Agriculture shall provide an opportunity for notice and public comment in a manner that protects the personally identifiable information relating to the borrower. (6) Borrower opportunity to refinance.--A borrower may pay off a distressed note or other obligation at a discount to par value enabling the borrower to refinance the note or other obligation through a private market loan within 30 days after the borrower receives notification of the intent to sell such note or other obligation pursuant to paragraph (4). (7) Best price.--The Secretary of Agriculture shall obtain the highest possible return from the sales of distressed notes or other obligations under this section and may conduct sales on a competitive bidding or negotiated process, in amounts sufficiently large to assure market interest. (8) Financial advisor.--In order to assure the highest possible return, the Secretary of Agriculture may employ public finance advisors from micro-, woman-, and minority-owned businesses, as defined by the Small Business Administration. (9) Loan servicing.--Before selling any distressed note or other obligation under this section, the Secretary of Agriculture shall require persons offering to purchase the note or other obligation to demonstrate-- (A) an ability or resources to provide such servicing, with respect to the distressed note or other obligation, that the Secretary of the Treasury determines to be necessary to ensure the continued performance on the loan; and (B) the ability to generate capital to provide the borrowers of the distressed notes or other obligations such additional credit as may be necessary in proper servicing of such notes or other obligations. (c) GAO Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the sale of distressed notes or other obligations of the Department of Agriculture under this section. Such report shall include the recommendation of the Comptroller General of the United States with respect to whether such a sale should be undertaken by other Federal agencies.

Generating American Income and Infrastructure Now Act This bill requires the Department of Agriculture (USDA) to sell certain distressed notes and other obligations held by USDA. The sale must be conducted under terms and procedures established by the Department of the Treasury and specified in the bill. Of the proceeds from the sale: (1) 50% must be deposited into an account for carrying out infrastructure projects in low-income communities, and (2) 50% must be retained in the Treasury for deficit reduction.

Generating American Income and Infrastructure Now Act

SECTION 1. FINDINGS. Congress finds the following: (1) Consumers have the right to know that event data recorders are installed in their vehicles, that they are capable of collecting data recorded in automobile accidents, and how such data may be used. (2) From the standpoint of consumer privacy rights, most consumers are not aware that their vehicles are recording data that not only may be used to aid traffic safety analyses, but has the potential of being used against them in a civil or criminal proceeding, or by their insurer to increase rates. (3) There exists no Federal law clarifying the rights of a vehicle owner to ownership of the recorded data and, in the absence of Federal direction, States have begun to create different standards of ownership and rights for recorded data. SEC. 2. DISCLOSURE OF EVENT DATA RECORDERS ON AUTOMOBILES. (a) Required Disclosure.--In accordance with regulations prescribed by the Federal Trade Commission under section 5(c), a dealer shall disclose, to each consumer who purchases a new automobile, in a clear and conspicuous written format at the time of purchase, the following information regarding any event data recorder installed on such new automobile-- (1) the presence and location of an event data recorder; (2) the type of information recorded by the event data recorder and how such information is recorded; and (3) that the information recorded by the event data recorder also may be used in a law enforcement proceeding. (b) Required Disclosures in Owner's Manual.--The manufacturer shall include, in clear and conspicuous language in the owner's manual of any new automobile containing an event data recorder, the disclosures required by subsection (a). SEC. 3. OWNERSHIP AND RETRIEVAL OF EVENT DATA RECORDER DATA. Any event data recorder in the vehicle and any data recorded on any event data recorder in the vehicle shall be considered the property of the owner of the vehicle. Data that is recorded on any event data recorder may not be downloaded or otherwise retrieved by a person other than the owner of the motor vehicle, except under one of the following circumstances: (1) The owner of the motor vehicle or the owner's agent or legal representative consents to the retrieval of the information. (2) In response to an order of a court having jurisdiction to issue the order. (3) The data is retrieved by a motor vehicle dealer, or by an automotive technician for the purpose of diagnosing, servicing, or repairing the motor vehicle. (4) For the purpose of improving motor vehicle safety, including medical research on the human body's reaction to motor vehicle accidents, provided that the identity of the registered owner or driver is not disclosed in connection with that retrieved data. SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON NEW AUTOMOBILES. No person may manufacture for sale, sell, offer for sale, introduce or deliver into interstate commerce, or import into the United States, an automobile manufactured after 2008 (and bearing a model year of 2009 or later) that is equipped with an event data recorder, unless such event data recorder includes a function whereby the consumer has the option to enable or disable the recording function of the event data recorder. Once disabled, the recording function shall not resume functioning until the consumer elects to enable such functioning. SEC. 5. ENFORCEMENT. (a) Treatment of Violations as Unfair or Deceptive Acts or Practices.--A violation of section 2, 3 or 4 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Federal Trade Commission Authority.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (c) Rulemaking.--Within 180 days following the enactment of this Act, the Federal Trade Commission shall prescribe regulations to carry out this Act, including guidelines setting forth a uniform method by which a dealer may provide the disclosures and options required by section 2. SEC. 6. DEFINITIONS. As used in this Act: (1) The term ``consumer'' has the meaning given the term ``ultimate purchaser'' in section 2 of the Automobile Information Disclosure Act (15 U.S.C. 1231). (2) The term ``dealer'' has the meaning given that term in section 30102(a) of title 49, United States Code. (3) The term ``event data recorder'' means any device or means of technology installed in an automobile that records information such as vehicle speed, seatbelt use, application of brakes or other information pertinent to the operation of the automobile. (4) The terms ``manufacturer'' and ``new automobile'' have the meanings given those terms in section 2 of the Automobile Information Disclosure Act (15 U.S.C. 1231). SEC. 7. EFFECTIVE DATE. This Act shall take effect 180 days after the date of enactment of this Act.

Requires automobile dealers to disclose to each consumer at the time of purchase of a new automobile, and to include in the automobile's owner's manual, information on: (1) the presence and location of an event data recorder (EDR) in such automobile; and (2) the type of information recorded by the EDR, how such information is recorded, and the possible use of such information in law enforcement proceedings. Requires the EDR and any data recorded to be considered the property of the vehicle owner. Prohibits the retrieval of EDR data by anyone other than the vehicle owner, except : (1) with the owner's consent; (2) in response to a court order; (3) by a vehicle dealer or an automotive technician for servicing the vehicle; or (4) for improving vehicle safety, provided the identity of the registered owner or driver is not disclosed. Prohibits persons from manufacturing automobiles for sale in the United States after 2008 (bearing a model year of 2009 or later) that are equipped with EDRs, unless those EDRs can be disabled by the consumer. Treats a violation of EDR requirements of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act.

To require automobile dealers to disclose to consumers the presence of event data recorders, or "black boxes", on new automobiles, and to require manufacturers to provide the consumer with the option to enable and disable such devices on future automobiles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing America's Facilities, Equipment and Rail: Taking Responsibility for American National Security in Transit Act'' or the ``SAFER TRANSIT Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Nationwide, Americans rely on 6,800 public transportation systems for their daily commute. Every weekday, public transportation riders take 35,000,000 trips. Public transportation significantly improves quality of life, saving Americans who live in areas served by public transportation systems nearly 865,000,000 hours in travel time annually. (2) Increasingly, public transportation is becoming a target of terrorist activity. (3) In 2004, terrorists simultaneously detonated explosives concealed inside backpacks on Madrid's commuter train system, killing 191 and injuring nearly 2,000. (4) In 2005, four suicide bombers attacked London's public transportation system, killing 52. (5) In 2011, authorities discovered an improvised explosives device near Amtrak and commuter train tracks. The same year, German police found multiple firebombs alongside high speed rail tracks and in tunnels leading into train stations. (6) On March 22, 2016, a coordinated terrorist attack targeted both the Brussels Airport and a metro station in the city killing 32 and injuring nearly 300 travelers. (7) According to the Global Terrorism Database, there were 57 terror attacks on transportation from 2006 to 2014. (8) To ensure the continued effectiveness of public transportation, the Federal Government must balance transit system security and accessibility. (9) The Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53), conferred to the Department of Homeland Security the responsibility for assuring public transportation security. (10) A May 2016 report by the Inspector General of the Department of Homeland Security found that the Transportation Security Administration has limited regulatory oversight of Amtrak's passenger security. (11) A May 2016 report by the Government Accountability Office recommended that the Federal Air Marshal Service undertake a number of measures to ensure resources are allocated according to risk assessments. (12) Congress must provide the agencies and municipalities with the necessary resources to combat terrorism, and continue to conduct oversight of their effective use. SEC. 3. RAIL SECURITY. Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Office of Management and Budget, shall submit to Congress a report on the plan of the Secretary to expedite the implementation of the requirements of subtitle B of title XV of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1161 et seq.) to-- (1) assign rail carriers to high-risk tiers; and (2) establish a rail security training program. SEC. 4. VISIBLE INTERMODAL PREVENTION AND RESPONSE TEAMS. (a) Authorization of Appropriations.--Section 1303(b) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1112) is amended by striking ``fiscal years 2007 through 2011'' and inserting ``fiscal years 2016 through 2020''. (b) Surface Transportation Security Inspectors.--Section 1304(j) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1113) is amended by striking ``this section'' and all that follows and inserting ``this section such sums as may be necessary for each of fiscal years 2016 through 2020.''. SEC. 5. PUBLIC TRANSPORTATION SECURITY RESEARCH AND DEVELOPMENT. Section 1409(h) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1138) is amended by striking ``to make grants'' and all that follows and inserting ``to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2020.''. SEC. 6. RAILROAD SECURITY. Section 1513(i)(1) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1163) is amended by striking ``Out of funds'' and all that follows and inserting: ``There are authorized to be appropriated to the Secretary to carry out this section such sums as necessary for fiscal years 2016 through 2020.''. SEC. 7. OVER-THE-ROAD BUS SECURITY ASSISTANCE. Section 1532(k)(1) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C. 1182) is amended by striking ``From amounts'' and all that follows and inserting ``There are authorized to be appropriated to the Secretary to carry out this section such sums as necessary for fiscal years 2016 through 2020.''. SEC. 8. PUBLIC TRANSIT SECURITY POLICE TRAINING PROGRAM. (a) In General.--The Secretary of Homeland Security shall develop a program, to be known as the ``Local Transit Security Instructor Training Program'', which shall be carried out at the Federal Law Enforcement Training Centers. (b) Contents.--The program developed under subsection (a) shall be an intensive training program designed to-- (1) cover the comprehensive tactical subject matters pertaining to the unique nature of public transit operational environments and threats; (2) provide high-quality training and instill the knowledge, skills, and aptitudes needed for the highest proficiency in transit security; and (3) leverage the existing skills of trainee officers by emphasizing leadership, teach backs, and adult learning as well as the traditional technical skills needed by field training officers. (c) Availability.--The Secretary shall make such program available to law enforcement agencies that are eligible for the Homeland Security Grant Program under section 2002 of the Homeland Security Act of 2002 (6 U.S.C. 603) and have jurisdiction over a geographic area where a public transit system operates rail or bus service. SEC. 9. EFFECTIVENESS OF FEDERAL AIR MARSHAL PROGRAM. The Secretary of Homeland Security shall take such steps as may be necessary to ensure that the Federal Air Marshal Service (hereinafter in this section referred to as the ``FAMS'') uses its resources to cover the highest-risk flights. In carrying out this section, the Secretary shall-- (1) consider risk when determining how to divide the international flight coverage resources of the FAMS among international destinations, incorporate risk into the method of the FAMS for initially setting its annual target numbers of average daily international and domestic flights; (2) conduct and document a risk assessment to further support the domestic resource allocation decisions of the FAMS, including the identification of high-priority geographic areas; (3) in conducting such risk assessment, evaluate the threat environment with regard to each of the different modes of transportation supported by the FAMS to inform resource allocation decisions, including the identification of high- priority modes of transportation; (4) document the rationale for the selection of international destinations by FAMS for air marshal deployment and the proportion of flights to cover at each destination; (5) adopt a consistent name and definition for the performance measure referred to as the TSA coverage score that accurately reflects its calculation method and composite nature; and (6) report the performance results for each of the subcategories that comprise the TSA coverage score to FAMS and TSA leadership.

Securing America's Facilities, Equipment and Rail: Taking Responsibility for American National Security in Transit Act or the SAFER TRANSIT Act This bill amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to reauthorize through FY2020 the Visible Intermodal Prevention and Response (VIPR) program and other specified activities related to public transportation security. (Authorization for the VIPR program expired after FY2011.) The Department of Homeland Security must: (1) develop a Local Transit Security Instructor Training Program, and (2) take steps necessary to ensure that the Federal Air Marshal Service uses its resources to cover the highest-risk flights.

SAFER TRANSIT Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Anti-Violence Empowerment Act''. TITLE I--SCHOOL SAFETY PROGRAMS SEC. 101. PROGRAM AUTHORIZED. The Secretary of Education is authorized to provide grants to local educational agencies to establish or enhance crisis intervention programs, including the hiring of school counselors and to enhance school safety programs for students, staff, and school facilities. SEC. 102. GRANT AWARDS. (a) Local Awards.--The Secretary shall award grants to local educational agencies on a competitive basis. (b) Grant Programs.--From the amounts appropriated under section 106, the Secretary shall reserve-- (1) 50 percent of such amount to award grants to local educational agencies to hire school counselors; and (2) 50 percent of such amount to award grants to local educational agencies to enhance school safety programs for students, staff, and school facilities. (c) Priority.--Such awards shall be based on one or more of the following factors: (1) Quality of existing or proposed violence prevention program. (2) Greatest need for crisis intervention counseling services. (3) Documented financial need based on number of students served under part A of title I of the Elementary and Secondary Education Act of 1965. (d) Equitable Distribution.--In awarding grants under this title, the Secretary shall ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. (e) Administrative Costs.--The Secretary may reserve not more than 1 percent from amounts appropriated under section 106 for administrative costs. (f) Eligibility.--A local educational agency that meets the requirements of this title shall be eligible to receive a grant to hire school counselors and a grant to enhance school safety programs for students, staff, and school facilities. SEC. 103. APPLICATIONS. (a) In General.--Each local educational agency desiring a grant under this title shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents.--Such application shall include a plan that contains the following: (1) In the case of a local educational agency applying for a grant to enhance school safety programs-- (A) a description of any existing violence prevention, safety, and crisis intervention programs; (B) proposed changes to any such programs and a description of any new programs; and (C) documentation regarding financial need. (2) In the case of a local educational agency applying for a grant to hire school counselors-- (A) a description of the need for a crisis intervention counseling program; and (B) documentation regarding financial need. SEC. 104. REPORTING. Each local educational agency that receives a grant under this title shall provide an annual report to the Secretary. In the case of a local educational agency that receives a grant to enhance school safety programs, such report shall describe how such agency used funds provided under this title and include a description of new school safety measures and changes implemented to existing violence prevention, safety, and crisis intervention programs. In the case of a local educational agency that receives a grant to hire school counselors, such report shall describe how such agency used funds provided under this title and include the number of school counselors hired with such funds. SEC. 105. DEFINITIONS. For purposes of this title: (1) The terms ``elementary school'', ``local educational agency'', and ``secondary school'' have the same meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) The term ``school counselor'' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- (A) possesses State licensure or certification granted by an independent professional regulatory authority; (B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or (C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. (3) The term ``Secretary'' means the Secretary of Education. (4) the term ``school safety'' means the safety of students, faculty, and school facilities from acts of violence. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $700,000,000 for each of fiscal years 2000 through 2004. TITLE II--INCREASED COPS FUNDING SEC. 201. INCREASED FUNDING FOR THE COPS PROGRAM. Section 1001(a)(11) of part J of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended by adding at the end the following: ``(C) In addition to amounts made available under subparagraph (A), there are authorized to be appropriated to carry out part Q, to remain available until expended, the total amount of $1,500,000,000 for fiscal years 2000 through 2004, of which 50 percent shall be used for cooperative partnerships between schools and State and local police departments to provide for the use of police officers in schools.''. SEC. 202. GRANT AUTHORITY. Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) in subsection (i), by striking the second sentence; and (2) by striking subsection (k). TITLE III--21ST CENTURY LEARNING SEC. 301. AFTER-SCHOOL AND LIFE SKILLS PROGRAMS FOR AT-RISK YOUTH. Section 10907 of part I of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8247) is amended by striking ``appropriated'' and all that follows before the period and inserting the following: ``appropriated to carry out this part-- ``(1) such sums as may be necessary for fiscal year 1999; and ``(2) $250,000,000 for each of fiscal years 2000 through 2004''. TITLE IV--MODEL PROGRAM AND CLEARINGHOUSE SEC. 401. MODEL PROGRAM. Not later than 120 days after the date of the enactment of this Act, the Secretary of Education, in consultation with the Attorney General, shall develop a model violence prevention program to be made available to local educational agencies. SEC. 402. CLEARINGHOUSE. The Secretary of Education shall establish and maintain a national clearinghouse to provide technical assistance regarding the establishment and operation of alternative violence prevention programs. The national clearinghouse shall make information regarding alternative violence prevention programs available to local educational agencies.

Requires awards to be based on one or more of the following factors: (1) quality of existing or proposed violence prevention program; (2) greatest need for crisis intervention counseling services; and (3) documented financial need based on number of students served under part A of title I of the Elementary and Secondary Education Act of 1965 (ESEA). Authorizes appropriations. Title II: Increased COPS Funding - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through FY 2004 the authorization of appropriations for certain grant programs for Community Policing and "Cops on the Beat" (COPS program). Requires 50 percent of such funds to be used for cooperative partnerships between schools and State and local police departments to provide for the use of police officers in schools. Eliminates provisions for decreasing Federal matching funds and for terminating grant program authority (thus making the authority permanent). Title III: 21st Century Learning - Amends ESEA to extend through FY 2004 the authorization of appropriations for after-school and life skills programs for at-risk youth. Title IV: Model Program and Clearinghouse - Directs the Secretary to: (1) develop a model violence prevention program to be made available to LEAs; and (2) establish and maintain a national clearinghouse to provide LEAs with information on alternative violence prevention programs, and technical assistance to establish and to operate such programs.

School Anti-Violence Empowerment Act

SECTION 1. PRIORITY REVIEW FOR BREAKTHROUGH DEVICES. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended-- (1) in section 515(d)-- (A) by striking paragraph (5); and (B) by redesignating paragraph (6) as paragraph (5); and (2) by inserting after section 515A (21 U.S.C. 360e-1) the following: ``SEC. 515B. PRIORITY REVIEW FOR BREAKTHROUGH DEVICES. ``(a) In General.--In order to provide for more effective treatment or diagnosis of life-threatening or irreversibly debilitating human diseases or conditions, the Secretary shall establish a program to provide priority review for devices-- ``(1) representing breakthrough technologies; ``(2) for which no approved alternatives exist; ``(3) offering significant advantages over existing approved or cleared alternatives, including the potential to, compared to existing approved or cleared alternatives, reduce or eliminate the need for hospitalization, improve patient quality of life, facilitate patients' ability to manage their own care (such as through self-directed personal assistance), or establish long-term clinical efficiencies; or ``(4) the availability of which is in the best interest of patients. ``(b) Request for Designation.--A sponsor of a device may request that the Secretary designate the device for priority review under this section. Any such request for designation may be made at any time prior to the submission of an application under section 515(c), a petition for classification under section 513(f)(2), or a notification under section 510(k). ``(c) Designation Process.-- ``(1) In general.--Not later than 60 calendar days after the receipt of a request under subsection (b), the Secretary shall determine whether the device that is the subject of the request meets the criteria described in subsection (a). If the Secretary determines that the device meets the criteria, the Secretary shall designate the device for priority review. ``(2) Review.--Review of a request under subsection (b) shall be undertaken by a team that is composed of experienced staff and managers of the Food and Drug Administration and is chaired by a senior manager. ``(3) Designation determination.--A determination approving or denying a request under subsection (b) shall be considered a significant decision under section 517A and the Secretary shall provide a written, substantive summary of the basis for the determination in accordance with section 517A(a). ``(4) Reconsideration.-- ``(A) Request for reconsideration.--Any person whose request under subsection (b) is denied may, within 30 days of the denial, request reconsideration of the denial in accordance with section 517A(b)-- ``(i) based upon the submission of documents by such person; or ``(ii) based upon such documents and a meeting or teleconference. ``(B) Response.--Reconsideration of a designation determination under this paragraph shall be conducted in accordance with section 517A(b). ``(5) Withdrawal.--If the Secretary approves a priority review designation for a device under this section, the Secretary may not withdraw the designation based on the fact that the criteria specified in subsection (a) are no longer met because of the subsequent clearance or approval of another device that was designated under-- ``(A) this section; or ``(B) section 515(d)(5) (as in effect immediately prior to the enactment of the 21st Century Cures Act). ``(d) Priority Review.-- ``(1) Actions.--For purposes of expediting the development and review of devices designated under subsection (c), the Secretary shall-- ``(A) assign a team of staff, including a team leader with appropriate subject matter expertise and experience, for each device for which a request is submitted under subsection (b); ``(B) provide for oversight of the team by senior agency personnel to facilitate the efficient development of the device and the efficient review of any submission described in subsection (b) for the device; ``(C) adopt an efficient process for timely dispute resolution; ``(D) provide for interactive communication with the sponsor of the device during the review process; ``(E) expedite the Secretary's review of manufacturing and quality systems compliance, as applicable; ``(F) disclose to the sponsor in advance the topics of any consultation concerning the sponsor's device that the Secretary intends to undertake with external experts or an advisory committee and provide the sponsor an opportunity to recommend such external experts; ``(G) for applications submitted under section 515(c), provide for advisory committee input, as the Secretary determines appropriate (including in response to the request of the sponsor); and ``(H) assign staff to be available within a reasonable time to address questions by institutional review committees concerning the conditions and clinical testing requirements applicable to the investigational use of the device pursuant to an exemption under section 520(g). ``(2) Additional actions.--In addition to the actions described in paragraph (1), for purposes of expediting the development and review of devices designated under subsection (c), the Secretary, in collaboration with the device sponsor, may, as appropriate-- ``(A) coordinate with the sponsor regarding early agreement on a data development plan; ``(B) take steps to ensure that the design of clinical trials is as efficient as practicable, such as through adoption of shorter or smaller clinical trials, application of surrogate endpoints, and use of adaptive trial designs and Bayesian statistics, to the extent scientifically appropriate; ``(C) facilitate, to the extent scientifically appropriate, expedited and efficient development and review of the device through utilization of timely postmarket data collection, with regard to applications for approval under section 515(c); and ``(D) agree to clinical protocols that the Secretary will consider binding on the Secretary and the sponsor, subject to-- ``(i) changes agreed to by the sponsor and the Secretary; ``(ii) changes that the Secretary determines are required to prevent an unreasonable risk to the public health; or ``(iii) the identification of a substantial scientific issue determined by the Secretary to be essential to the safety or effectiveness of the device involved. ``(e) Priority Review Guidance.-- ``(1) Content.--The Secretary shall issue guidance on the implementation of this section. Such guidance shall include the following: ``(A) The process for a person to seek a priority review designation. ``(B) A template for requests under subsection (b). ``(C) The criteria the Secretary will use in evaluating a request for priority review. ``(D) The standards the Secretary will use in assigning a team of staff, including team leaders, to review devices designated for priority review, including any training required for such personnel on effective and efficient review. ``(2) Process.--Prior to finalizing the guidance under paragraph (1), the Secretary shall propose such guidance for public comment. ``(f) Construction.-- ``(1) Purpose.--This section is intended to encourage the Secretary and provide the Secretary sufficient authorities to apply efficient and flexible approaches to expedite the development of, and prioritize the agency's review of, devices that represent breakthrough technologies. ``(2) Construction.--Nothing in this section shall be construed to alter the criteria and standards for evaluating an application pursuant to section 515(c), a report and request for classification under section 513(f)(2), or a report under section 510(k), including the recognition of valid scientific evidence as described in section 513(a)(3)(B), and consideration of the least burdensome means of evaluating device effectiveness or demonstrating substantial equivalence between devices with differing technological characteristics, as applicable. Nothing in this section alters the authority of the Secretary to act on an application pursuant to section 515(d) before completion of an establishment inspection, as the Secretary deems appropriate.''. (b) Conforming Amendment Related to Designation Determinations.-- Section 517A(a)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360g-1(a)(1)) is amended by inserting ``a request for designation under section 515B,'' after ``an application under section 515,''.

This bill amends the Federal Food, Drug, and Cosmetic Act to replace the requirement that the Food and Drug Administration (FDA) prioritize review of breakthrough medical devices with a requirement that the FDA establish a program to provide priority review for breakthrough medical devices. Prior to submitting an application for approval, a medical device sponsor may request that the FDA designate the medical device for priority review. The FDA must provide a summary of the basis for its determination regarding designation. To expedite the development and review of designated medical devices, the FDA must: assign a team of staff for each device, adopt an efficient process for dispute resolution, provide for interactive communication with the device sponsor, expedite review of manufacturing and quality systems compliance, disclose to the sponsor in advance the topics of any consultation between the FDA and external experts or an advisory committee and provide the sponsor the opportunity to recommend external experts, assign staff to address questions by institutional review committees concerning investigational use of the device. The FDA may: (1) coordinate with the sponsor regarding early agreement on a data development plan; (2) take steps to ensure that the design of clinical trials is as efficient as practicable; (3) utilize timely postmarket data collection; and (4) agree to clinical protocols, subject to an FDA determination that changes are required to prevent an unreasonable risk to the public health or that a substantial scientific issue is essential to the safety or effectiveness of the device.

To amend the Federal Food, Drug, and Cosmetic Act to authorize priority review for breakthrough devices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Port Threat and Security Act''. SEC. 2. IMPROVED REPORTING ON FOREIGN-FLAG VESSELS ENTERING UNITED STATES PORTS. Within 6 months after the date of enactment of this Act and every year thereafter, the Secretary of Transportation, in consultation with the Secretary of State, shall provide a report to the Committees on Commerce, Science, and Transportation and Foreign Relations of the Senate, and the Committees on Transportation and Infrastructure and International Relations of the House of Representatives that lists the following information: (1) A list of all nations whose flag vessels have entered United States ports in the previous year. (2) Of the nations on that list, a separate list of those nations-- (A) whose registered flag vessels appear as Priority III or higher on the Boarding Priority Matrix maintained by the Coast Guard; (B) that have presented, or whose flag vessels have presented, false, intentionally incomplete, or fraudulent information to the United States concerning passenger or cargo manifests, crew identity or qualifications, or registration or classification of their flag vessels; (C) whose vessel registration or classification procedures have been found by the Secretary to be insufficient or do not exercise adequate control over safety and security concerns; or (D) whose laws or regulations are not sufficient to allow tracking of ownership and registration histories of registered flag vessels. (3) Actions taken by the United States, whether through domestic action or international negotiation, including agreements at the International Maritime Organization under section 902 of the International Maritime and Port Security Act (46 U.S.C. App. 1801), to improve transparency and security of vessel registration procedures in nations on the list under paragraph (2). (4) Recommendations for legislative or other actions needed to improve security of United States ports against potential threats posed by flag vessels of nations named in paragraph (2). SEC. 3. SEA MARSHAL PROGRAM. (a) Establishment.--Within 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish a program to place sea marshals on vessels entering United States Ports identified in subsection (c). (b) Consultation.--In establishing this program, the Secretary shall consult with representatives from the port security task force and local port security committees. (c) Sea Marshal Ports.--The Secretary shall identify United States ports for inclusion in the sea marshal program based on criteria that include the following: (1) The presence of port facilities that handle materials that are hazardous or flammable in quantities that make them potential targets of attack. (2) The proximity of these facilities to residential or other densely populated areas. (3) The proximity of sea lanes or navigational channels to hazardous areas that would pose a danger to citizens in the event of a loss of navigational control by the ship's master. (4) Any other criterion deemed necessary by the Secretary. (d) Sea Marshal Qualifications.--The Secretary shall establish appropriate qualifications or standards for sea marshals. The Secretary may use, or require use of, Federal, State, or local personnel as sea marshals. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out the requirements of this section for each of the fiscal years 2002 through 2006. (f) Report.--Within 3 years after the date of enactment of this Act, the Secretary shall report to the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Transportation and Infrastructure of the House of Representatives on the success of the program in protecting the ports listed under (c), and submit any recommendations. SEC. 4. SEA PILOT COMMUNICATION AND WARNING SYSTEM. Within 6 months after the date of enactment of this Act, the Secretary of Transportation shall provide a secure report to the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Transportation and Infrastructure of the House of Representatives on the potential for increasing the capabilities of sea pilots to provide information on maritime domain awareness. The report should specifically address necessary improvements to both reporting procedures and equipment that could allow pilots to be integrated more effectively in an maritime domain awareness program. SEC. 5. SECURITY STANDARDS AT FOREIGN SEAPORTS. (a) Assessment.-- (1) In general.--The Secretary shall assess the effectiveness of the security measures maintained at-- (A) each foreign seaport-- (i) served by United States vessels; (ii) from which foreign vessels serve the United States; or (iii) that poses a high risk of introducing danger to international sea travel; and (B) other foreign seaports the Secretary considers appropriate. (2) International cooperation and standards.--The Secretary of Transportation shall conduct an assessment under paragraph (1) of this subsection-- (A) in consultation with appropriate port authorities of the government of a foreign country concerned and United States vessel operators serving the foreign seaport for which the Secretary is conducting the assessment; (B) to establish the extent to which a foreign seaport effectively maintains and carries out security measures; and (C) by using a standard that will result in an analysis of the security measures at the seaport based at least on the standards and recommended practices of the International Maritime Organization in effect on the date of the assessment. (3) Report.--Each report to Congress required under section 2 shall contain a summary of the assessments conducted under this subsection. (b) Interval.--The Secretary of Transportation shall conduct assessments under subsection (a) of this section of at least 25 foreign seaports annually until all seaports identified in subsection (a)(1) are completed. The first 25 of these assessments shall be conducted within 18 months after the date of enactment of this Act. (c) Consultation.--In carrying out subsection (a) of this section, the Secretary of Transportation shall consult with the Secretary of State-- (1) on the terrorist threat that exists in each country; and (2) to establish which foreign seaports are not under the de facto control of the government of the foreign country in which they are located and pose a high risk of introducing danger to international sea travel. (d) Qualified Assessment Entities.--In carrying out subsection (a) of this section, the Secretary of Transportation may utilize entities determined by the Secretary of Transportation and the Secretary of State to be qualified to conduct such assessments. (e) Notifying Foreign Authorities.--If the Secretary of Transportation, after conducting an assessment under subsection (a) of this section, determines that a seaport does not maintain and carry out effective security measures, the Secretary, after advising the Secretary of State, shall notify the appropriate authorities of the government of the foreign country of the decision and recommend the steps necessary to bring the security measures in use at the seaport up to the standard used by the Secretary in making the assessment. (f) Actions When Seaports Not Maintaining and Carrying Out Effective Security Measures.-- (1) In general.--If the Secretary of Transportation makes a determination under subsection (e) that a seaport does not maintain and carry out effective security measures, the Secretary-- (A) shall publish the identity of the seaport in the Federal Register; (B) shall require the identity of the seaport to be posted and displayed prominently at all United States seaports at which scheduled passenger carriage is provided regularly; (C) shall notify the news media of the identity of the seaport; (D) shall require each United States and foreign vessel providing transportation between the United States and the seaport to provide written notice of the decision, on or with the ticket, to each passenger buying a ticket for transportation between the United States and the seaport; and (E) may, after consulting with the appropriate port authorities of the foreign country concerned and United States and foreign vessel operators serving the seaport and with the approval of the Secretary of State, withhold, revoke, or prescribe conditions on the operating authority of a United States or foreign vessel that uses that seaport to provide foreign sea transportation. (2) Presidential action.--If the Secretary makes such a determination under subsection (e) about a seaport, the President may prohibit a United States or foreign vessel from providing transportation between the United States and any other foreign seaport that is served by vessels navigating to or from the seaport with respect to which a decision is made under this section. (3) When action to be taken.-- (A) In general.--The provisions of paragraphs (1) and (2) shall apply with respect to a foreign seaport-- (i) 90 days after the government of a foreign country is notified of the Secretary's determination under subsection (e) of this section unless the Secretary of Transportation finds that the government has brought the security measures at the seaport up to the standard the Secretary used in making an assessment under subsection (a) of this section before the end of that 90-day period; or (ii) on the date on which the Secretary makes that determination if the Secretary of Transportation determines, after consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from the seaport. (B) Travel advisory notification.--The Secretary of Transportation immediately shall notify the Secretary of State of a determination under subparagraph (A)(ii) of this paragraph so that the Secretary of State may issue a travel advisory required under section 908 of the International Maritime and Port Security Act (46 U.S.C. App. 1804). (4) Congressional notification.--The Secretary of Transportation promptly shall submit to Congress a report (and classified annex if necessary) on action taken under paragraph (1) or (2) of this subsection, including information on attempts made to obtain the cooperation of the government of a foreign country in meeting the standard the Secretary used in assessing the seaport under subsection (a) of this section. (5) Cancellation of publication requirements.--If the Secretary of Transportation, in consultation with the Secretary of State, determines that effective security measures are maintained and carried out at the seaport against which the Secretary took action under paragraph (1), then the Secretary shall-- (A) terminate action under paragraph (1) against that seaport; and (B) notify the Congress of the Secretary's determination. (g) Suspensions.--The Secretary of Transportation, with the approval of the Secretary of State and without notice or a hearing, shall suspend the right of any United States vessel to provide foreign sea transportation, and the right of a person to operate vessels in foreign sea commerce, to or from a foreign seaport if the Secretary of Transportation determines that-- (1) a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from that seaport; and (2) the public interest requires an immediate suspension of transportation between the United States and that seaport. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation $2,000,000 for fiscal year 2002 and each fiscal year thereafter to carry out this section. SEC. 6. FOREIGN PORT ASSESSMENT FEES. (a) In General.--The Secretary of Transportation shall collect a user fee from cruise vessel lines upon the arrival of a cruise vessel at a United States port from a foreign port. Amounts collected under this section shall be treated as offsetting collections to offset annual appropriations for the costs of providing foreign port vulnerability assessments under section 5. (b) Amount of Fee.--Cruise vessel lines shall remit $0.50 for each passenger embarkment on a cruise that includes at least one United States port and one foreign port. (c) Use of Fees.--A fee collected under this section shall be used solely for the costs associated with providing foreign port vulnerability assessments and may be used only to the extent provided in advance in an appropriation law. (d) Effective Date.--The requirements of this section apply with respect to travel beginning more than 179 days after the date of enactment of this Act.

Port Threat and Security Act - Directs the Secretary of Transportation to report to specified congressional committees: (1) a list of all nations whose flag vessels have entered U.S. ports in the previous year, and of those nations, a separate list of nations whose registered flag vessels appear as Priority III or higher on the Boarding Priority Matrix, that have presented certain false vessel-related information to the United States, or whose laws or regulations are not sufficient to allow tracking of ownership and registration histories of registered flag vessels; (2) on actions taken by the United States to improve transparency and security of vessel registration procedures in nations that have been listed; and (3) on recommendations for legislative or other actions needed to improve security of U.S. ports against potential threats posed by flag vessels of such nations.Establishes a program to place sea marshals on vessels entering U.S. ports that have been identified as posing a potential target of attack or because of their location may pose a risk to residential or other densely populated areas.Directs the Secretary to assess the effectiveness of security measures maintained at foreign seaports that serve U.S. vessels, from which foreign vessels serve the United States, or that pose a high risk of introducing danger to international sea travel. Sets forth certain actions the Secretary must take against seaports that do not maintain effective security measures.Imposes a user fee on cruise vessels that arrive at a U.S. port from a foreign port.

A bill to provide improved port and maritime security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congenital Heart Futures Reauthorization Act of 2015''. SEC. 2. NATIONAL CONGENITAL HEART DISEASE SURVEILLANCE SYSTEM. Section 399V-2 of the Public Health Service Act (42 U.S.C. 280g-13) is amended to read as follows: ``SEC. 399V-2. NATIONAL CONGENITAL HEART DISEASE RESEARCH, SURVEILLANCE, AND AWARENESS. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(1) enhance and expand research and surveillance infrastructure to study and track the epidemiology of congenital heart disease (in this section referred to as `CHD'); ``(2) plan and implement a public outreach and education campaign regarding CHD across the lifespan; and ``(3) award grants to eligible entities to undertake the activities described in subsections (b) and (c). ``(b) National Congenital Heart Disease Cohort Study.-- ``(1) In general.--The Director of the Centers for Disease Control and Prevention shall plan, develop, implement, and submit one or more reports to the Congress on a cohort study to improve understanding of the epidemiology of CHD across the lifespan, from birth to adulthood, with particular interest in the following: ``(A) Health care utilization and natural history of those affected by CHD. ``(B) Demographic factors associated with CHD, such as age, race, ethnicity, gender, and family history of individuals who are diagnosed with the disease. ``(C) Outcome measures, such that analysis of the outcome measures will allow derivation of evidence- based best practices and guidelines for CHD patients. ``(2) Permissible considerations.--The study under this subsection may-- ``(A) gather data on the health outcomes of a diverse population of those affected by CHD; ``(B) consider health disparities among those affected by CHD which may include the consideration of prenatal exposures; and ``(C) incorporate behavioral, emotional, and educational outcomes of those affected by CHD. ``(3) Public access.--Subject to paragraph (4), the data generated from the study under this subsection shall be made available to the public, including CHD researchers. ``(4) Patient privacy.--The Secretary shall ensure that the study under this subsection is carried out in a manner that complies with the requirements applicable to a covered entity under the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(c) Congenital Heart Disease Awareness Campaign.-- ``(1) In general.--The Director of the Centers for Disease Control and Prevention shall establish and implement an awareness, outreach, and education campaign regarding CHD across the lifespan. The information expressed through such campaign shall-- ``(A) emphasize that CHD is the most prevalent birth defect; ``(B) identify CHD as a condition that affects those diagnosed throughout their lives; and ``(C) promote the need for pediatric, adolescent, and adult individuals with CHD to seek and maintain lifelong, specialized care. ``(2) Permissible activities.--The campaign under this subsection may-- ``(A) utilize collaborations or partnerships with other agencies, health care professionals, and patient advocacy organizations that specialize in the needs of individuals with CHD; and ``(B) include the use of print, film, and electronic materials distributed via television, radio, Internet, and other commercial marketing venues. ``(d) Eligibility for Grants.--To be eligible to receive a grant under subsection (a)(3), an entity shall-- ``(1) be a public or private nonprofit entity with specialized experience in CHD; and ``(2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $4,000,000 for each of fiscal years 2016 through 2020.''. SEC. 3. CONGENITAL HEART DISEASE RESEARCH. Section 425 of the Public Health Service Act (42 U.S.C. 285b-8) is amended to read as follows: ``SEC. 425. CONGENITAL HEART DISEASE. ``(a) In General.--The Director of the Institute may expand, intensify, and coordinate research and related activities of the Institute with respect to congenital heart disease, which may include congenital heart disease research with respect to-- ``(1) causation of congenital heart disease, including genetic causes; ``(2) long-term outcomes in individuals with congenital heart disease, including infants, children, teenagers, adults, and elderly individuals; ``(3) diagnosis, treatment, and prevention; ``(4) studies using longitudinal data and retrospective analysis to identify effective treatments and outcomes for individuals with congenital heart disease; and ``(5) identifying barriers to lifelong care for individuals with congenital heart disease. ``(b) Coordination of Research Activities.--The Director of the Institute may coordinate research efforts related to congenital heart disease among multiple research institutions and may develop research networks. ``(c) Minority and Medically Underserved Communities.--In carrying out the activities described in this section, the Director of the Institute shall consider the application of such research and other activities to minority and medically underserved communities. ``(d) Report From NIH.--Not later than 1 year after the date of enactment of the Congenital Heart Futures Reauthorization Act of 2015, the Director of NIH, acting through the Director of the Institute, shall provide a report to Congress-- ``(1) outlining the ongoing research efforts of the National Institutes of Health regarding congenital heart disease; and ``(2) identifying-- ``(A) future plans for research regarding congenital heart disease; and ``(B) the areas of greatest need for such research.''.

Congenital Heart Futures Reauthorization Act of 2015 This bill amends the Public Health Service Act to replace the authorization for a National Congenital Heart Disease Surveillance System with a requirement for the Centers for Disease Control and Prevention (CDC), regarding congenital heart disease, to enhance and expand research and surveillance infrastructure, and plan and implement a public outreach and education campaign. (Congenital heart disease is a condition caused by a heart defect that is present at birth.) The CDC must award grants to nonprofit entities to conduct: (1) a cohort study of congenital heart disease, from birth to adulthood, that considers health care utilization, demographic factors, and outcomes; and (2) an awareness, outreach, and education campaign regarding congenital heart disease. The National Heart, Lung, and Blood Institute must report on its ongoing research efforts regarding congenital heart disease, future plans for such research, and areas of greatest need for such research.

Congenital Heart Futures Reauthorization Act of 2015

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Acquisition Savings Reform Act of 2011''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Use of reverse auction methods. Sec. 4. Federal Strategic Sourcing Initiative. Sec. 5. Savings through leveraging the Federal Government's purchasing power. Sec. 6. Governmentwide contract vehicles. Sec. 7. Streamlining of contract closeouts. Sec. 8. Affordability as a requirement for certain acquisition plans. Sec. 9. Cost efficiency objectives for service contracts. Sec. 10. Establishing governmentwide acquisition savings criteria. Sec. 11. Office of Management and Budget savings requirements. Sec. 12. Expedited payment to small business. SEC. 2. DEFINITIONS. In this Act: (1) Approved business case.--The term ``approved business case'' means a business case approved by the senior procurement executive of an executive agency. (2) Acquisition.--The term ``acquisition'' has the meaning given the term in section 131 of title 41, United States Code. (3) Commercial item.--The term ``commercial item'' has the meaning given the term in section 103 of title 41, United States Code. (4) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code. (5) Federal acquisition regulation.--The term ``Federal Acquisition Regulation'' means the Federal Acquisition Regulation maintained under section 1303(a)(1) of title 41, United States Code. (6) Federal acquisition regulatory council.--The term ``Federal Acquisition Regulatory Council'' means the Federal Acquisition Regulatory Council established under section 1302(a) of title 41, United States Code. (7) Federal strategic sourcing vehicles (fssvs).--The term ``Federal Strategic Sourcing Vehicles'' means a kind of governmentwide interagency acquisition contract or agreement designated by the Office of Management and Budget to leverage the Federal Government's buying power and save taxpayers money. (8) Interagency contract.--The term ``interagency contract''-- (A) includes-- (i) governmentwide acquisition contracts as defined in Federal Acquisition Regulation part 2.101; (ii) multi-agency contracts as defined in Federal Acquisition Regulation part 2.101; (iii) Federal Supply Schedule contracts; and (iv) franchise funds; and (B) does not include contracts entered into under the authority of section 1535 of title 31, United States Code. (9) Procurement.--The term ``procurement'' has the meaning given the term in section 111 of title 41, United States Code. SEC. 3. USE OF REVERSE AUCTION METHODS. Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require the heads of executive agencies, to the extent possible, to use online reverse auction, or an equivalent method, in the procurement of commercial items above the simplified acquisition threshold whenever doing so would be expected to result in savings to the agencies. The regulatory guidance shall address the circumstances in which use of reverse auctions is appropriate, and shall direct agencies, in deciding whether to use auctions or an equivalent method, to consider the dollar volume of the acquisition and potential to streamline the procurement for the agency and vendors. SEC. 4. FEDERAL STRATEGIC SOURCING INITIATIVE. (a) Consideration in Acquisition Planning Process.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require the consideration of Federal Strategic Sourcing Vehicles in the acquisition planning process, by including a listing of Federal Strategic Sourcing Vehicles in the ``Priorities for use of Government supply sources'' for Supplies and Services. The Office of Management and Budget shall maintain a website with the current list of Federal Strategic Sourcing Vehicles. The Supplies priority shall be after the priority for wholesale supply services. The Services priority shall be after services which are on the Procurement List maintained by the Committee for Purchase From People Who are Blind or Severely Disabled. The Federal Acquisition Regulation shall be amended to authorize purchases from other than from Federal Strategic Sourcing Vehicles, provided that consideration is given to its use in the acquisition planning process. The plan will be documented to acknowledge why usage of other than Federal Strategic Sourcing Vehicles is warranted. The acknowledgment shall indicate that such action is judged to be in the best interest of the Federal Government in terms of the combination quality, timeliness, and cost that best meets the requirement. Cost comparisons shall include the administrative cost of the acquisition. Unusual and compelling urgency as prescribed in the Federal Acquisition Regulation shall also be an authorized reason from deviating from the Federal Strategic Sourcing Vehicles. (b) Maximization of Small Business and Other Socioeconomic Categories in Federal Strategic Sourcing Vehicles.--The Administrator for Federal Procurement Policy shall issue policy maximizing the participation of small business and other socioeconomic categories such as service-disabled veteran-owned small business in these Federal Strategic Sourcing Vehicles. Agencies shall also be credited towards their small business goals when awarding to small business Federal Strategic Sourcing Vehicle contract holders. (c) Identification of Designated Federal Strategic Source Vehicles.--The Office of Management and Budget shall identify on its website a list of all Federal Strategic Source Vehicle contracts and agreements and awardees. (d) Inclusion of Information Technology Purchases and Services in Initiative.-- (1) Data collection.--The Director of the Office of Management and Budget shall prescribe regulations requiring Chief Information Officers and Chief Acquisition Officers of executive agencies to develop and gather such data on information technology purchases and service acquisitions by North American Industrial Classification codes. (2) Annual report.--The regulations prescribed under this subsection shall require the head of each executive agency to submit to the Director of Office of Management and Budget an annual report through fiscal year 2016 including the data collected under paragraph (1) and a plan for the strategic sourcing of information technology purchases and common commercial services. The plan shall include specific milestones, measurable savings, and evaluation criteria. (e) Reporting.--The head of each executive agency shall submit to the Director of the Office of Management and Budget an annual report for each of fiscal years 2013 through 2016, estimating the amount of savings achieved through the usage of Federal Strategic Sourcing Vehicles and through other measurable acquisition savings methods approved by the Administrator for Federal Procurement Policy. The report shall also specify by each Federal Strategic Sourcing Vehicle commodity what guidance the agency has issued to employees instructing them to procure goods or services through the Federal Strategic Sourcing Vehicle. If the agency has not issued such guidance to their employees, the agency shall submit an explanation. SEC. 5. SAVINGS THROUGH LEVERAGING THE FEDERAL GOVERNMENT'S PURCHASING POWER. Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall develop a plan to achieve not less than $1,000,000,000 in measurable savings through Federal Strategic Sourcing Vehicles for fiscal years 2013 through 2016. The plan shall include an annual scorecard measuring the success of each executive agency in achieving savings. SEC. 6. GOVERNMENTWIDE CONTRACT VEHICLES. Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that-- (1) where an agency is unable to satisfy the requirements from a mandatory source, agencies are strongly encouraged to utilize Federal Supply Schedules, governmentwide acquisition contracts, multi-agency contracts, and any other procurement instruments intended for use by multiple agencies, including blanket purchase agreements (BPAs) under Federal Supply Schedule contracts absent a written justification that the governmentwide contract is not in the best interest of the Federal Government; (2) agencies shall promote acquisition strategies utilizing these vehicles to maximize participation of small businesses and other socioeconomic categories, including set-asides of acquisitions under these vehicles; and (3) contracting officers shall be encouraged by agency guidance to maximize competition under these vehicles to the maximum amount practicable with the goal of achieving the best value to the Federal Government. SEC. 7. STREAMLINING OF CONTRACT CLOSEOUTS. (a) Authority To Waive Contract Closeout Audits.-- (1) Authority.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide contracting officers the authority to waive contract closeout audits above the simplified acquisition purchase threshold based on risk assessments. Factors upon which an assessment of low risk may include time and material contracts, low dollar cost type contracts, and contractors with approved business systems, strong internal controls, and good past performance ratings. (2) Guidance.--Not later than 270 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy, in collaboration with the Director of the Defense Procurement and Acquisition Policy, shall issue guidance for assisting contracting officials in determining when waivers of contract closeout audits pursuant to paragraph (1) are appropriate. (3) Use of abilityone program.--Where practicable, and in accordance with the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.) as administered by the Committee For Purchase From People Who Are Blind or Severely Disabled, utilize the AbilityOne Program to accomplish non-inherently governmental tasks associated with contract or grant close-out in those cases where a Federal agency utilizes contractor support for close- out functions. (b) Firm-Fixed Contracts.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide that, on firm-fixed contracts-- (1) contractors shall submit a final invoice within 60 days of Federal Government acceptance or relinquish payment unless exempted by the contracting officer; (2) the contracting officer may-- (A) close a contract without a final invoice if the amount due is less than $1,000 and less than 10 percent of the contract value; and (B) unilaterally deobligate any unliquidated obligations remaining on the contract; and (3) such contracts may be closed with missing contract documentation if no additional product or service will be received by the Federal Government and there are no outstanding administrative actions. (c) Authority To Write Off Unreconciled Balances for Low-Risk Contracts.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide contracting officers, with approval one level above the contracting officer concerned, the authority to write off unreconciled balances on low-risk contracts in cases in which-- (1) all administrative actions are complete, including final payment to the contractor unless exempted under subsection (b)(1); and (2) a written notice of the action has been sent to the payment office responsible for the contract. (d) Authority To Grant Exemptions.--The regulations promulgated under this section shall permit the head of contracting activity to grant exemptions to the requirements under this section, with the exemptions included in the contract file. (e) Contracting Officer Defined.--In this section, the term ``contracting officer'' includes procuring and administrative contracting officers. SEC. 8. AFFORDABILITY AS A REQUIREMENT FOR CERTAIN ACQUISITION PLANS. (a) In General.--Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require heads of executive agencies to mandate that affordability be included as a requirement for major systems, research and development, construction and architect- engineering acquisitions prior to the approval of any acquisition plan exceeding $100,000,000. (b) Affordability Defined.--In this section, the term ``affordability'' refers to conducting an acquisition program at a cost constrained by the maximum resources that an executive agency can allocate for a particular capability. SEC. 9. COST EFFICIENCY OBJECTIVES FOR SERVICE CONTRACTS. Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to require service contracts valued at more than $100,000,000 include provisions to achieve productivity improvements and cost efficiencies. The regulation shall permit the head of contracting activity to grant exceptions to this requirement which shall be included in the contract file. SEC. 10. ESTABLISHING GOVERNMENTWIDE ACQUISITION SAVINGS CRITERIA. The Administrator for Federal Procurement Policy, in collaboration with the Director of the Defense Procurement and Acquisition Policy, shall establish at least one year from enactment a methodology to track and monitor progress made by executive agencies in achieving measurable acquisition savings. Measurable acquisition savings should include price reductions and cost savings through reduced acquisition costs such as administrative costs. SEC. 11. OFFICE OF MANAGEMENT AND BUDGET SAVINGS REQUIREMENTS. (a) Plan for Reduced Use of Time and Materials Contracts.--Not later than 270 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy, in coordination with the Administrator of General Services and the Secretary of Defense, shall develop a plan for reducing the use of time and materials and labor hour contracts, including for orders under indefinite delivery/ indefinite quantity contracts. (b) Report on Spending on Management Support Service Contracts.-- Not later than one year after the date of the enactment of this Act, the Administrator for Federal Procurement Policy, in collaboration with the Director of the Defense Procurement and Acquisition Policy, shall submit to Congress a report on reduced spending on management support service contracts. SEC. 12. EXPEDITED PAYMENT TO SMALL BUSINESS. Not later than 270 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to reflect that governmentwide policy is to assist small business concerns by paying them as quickly as possible after invoices and all proper documentation, including acceptance, are received and before normal payment due dates established in the contract.

Acquisition Savings Reform Act of 2011 - Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation (FAR) to revise certain federal acquisition practices and procedures, including by: (1) requiring executive agency heads to use online reverse auction, or an equivalent method, in the procurement of commercial items above the simplified acquisition threshold; (2) requiring the consideration of Federal Strategic Sourcing Vehicles (defined as a kind of government-wide interagency acquisition contract or agreement to leverage the federal government's buying power) in the acquisition planning process; (3) authorizing contracting officers to waive contract closeout audits above the simplified acquisition purchase threshold based on risk assessments and to write off unreconciled balances on low risk contracts; (4) requiring executive agency heads to mandate that affordability be included as a requirement for major systems, research and development, and construction and architect-engineering acquisitions, prior to the approval of any acquisition plan exceeding $100 million; (5) requiring service contracts valued at more than $100 million to include provisions to achieve productivity improvements and cost efficiencies; and (6) assisting small businesses by paying their invoices as quickly as possible and before normal payment due dates established by contract. Requires the Administrator for Federal Procurement Policy to develop a plan for reducing the use of time and materials and labor hour contracts. Requires the Director of the Office of Management and Budget (OMB) to: (1) identify on the OMB website a list of all Federal Strategic Source Vehicle contracts and agreements and awardees, and (2) develop a plan to achieve not less than $1 billion in measurable savings through Federal Strategic Sourcing Vehicles for FY2013-FY2016.

A bill to achieve cost savings through the reform of Federal acquisition practices and procedures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Dual Eligible Prescription Drug Coverage Act of 2005''. SEC. 2. FINDINGS. The Senate finds the following: (1) Individuals who are dually eligible for benefits under the medicare program and full benefits under the medicaid program-- (A) are among the most vulnerable populations in our society; and (B) require adequate outreach, education, and timing in order to adjust to changes in our health care delivery system. (2) The transition of 6,400,000 dual eligibles from prescription drug coverage under the medicaid program to prescription drug coverage under part D of the medicare program is the largest transition ever of individuals from one insurance program to another. (3) In its June 2004 report to Congress, the Medicare Payment Advisory Commission (MedPAC) suggested that large, private employers with 75,000 employees or less need at least 6 months to transition their employees' drug coverage from one pharmacy benefit management company to another such company. The States and the Federal Government are taking on a far more complex task with 6,400,000 dual eligibles having to make the transition described in paragraph (2). (4) Timely access to prescription drugs leads to higher quality of life and prevents avoidable emergency room visits, hospitalizations, and premature nursing home placements. (5) Since even a short-term gap in prescription drug coverage could have serious health consequences for dual eligibles, Congress must work to guarantee as smooth a transition as possible for dual eligibles so that no dual eligible is without prescription drug coverage even for one day. SEC. 3. CONTINUING STATE COVERAGE OF MEDICAID PRESCRIPTION DRUG COVERAGE TO MEDICARE DUAL ELIGIBLE BENEFICIARIES FOR 6 MONTHS. (a) Six-Month Transition.--For prescriptions filled during the period beginning on January 1, 2006, and ending on June 30, 2006, section 1935(d) of the Social Security Act (42 U.S.C. 1396u-5(d)) shall not apply and, notwithstanding any other provision of law, a State (as defined for purposes of title XIX of such Act) shall continue to provide (and receive Federal financial participation for) medical assistance under such title with respect to prescription drugs as if such section 1935(d) had not been enacted. (b) Application.-- (1) Medicare as primary payer.--Nothing in subsection (a) shall be construed as changing or affecting the primary payer status of a prescription drug plan or an MA-PD plan under part D of title XVIII of the Social Security Act with respect to prescription drugs furnished to any full-benefit dual eligible individual (as defined in section 1935(c)(6) of such Act (42 U.S.C. 1396u-5(c)(6)) during the 6-month period described in such subsection. (2) Third party liability.--Nothing in subsection (a) shall be construed as limiting the authority or responsibility of a State under section 1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(a)(25)) to seek reimbursement from a prescription drug plan, an MA-PD plan, or any other third party, of the costs incurred by the State in providing prescription drug coverage described in such subsection. SEC. 4. DELAY IN IMPLEMENTATION OF MEDICAID CLAWBACK PAYMENTS. Notwithstanding section 1935(c) of the Social Security Act (42 U.S.C. 1396u-5(c)), a State or the District of Columbia shall not be required to provide for a payment under such section to the Secretary of Health and Human Services for any month prior to July 1, 2006. SEC. 5. EDUCATION AND OUTREACH TO DUAL ELIGIBLES REGARDING PRESCRIPTION DRUG COVERAGE AND MONITORING OF THE TRANSITION OF DUAL ELIGIBLES TO PRESCRIPTION DRUG COVERAGE UNDER MEDICARE. (a) MMA Amounts.--Notwithstanding any other provision of law, of the amounts appropriated for the Centers for Medicare & Medicaid Services under section 1015(a)(1) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2446), the following rules shall apply: (1) Education and outreach to duals.--$100,000,000 shall be used to provide education and outreach, including through one- on-one counseling and application assistance, to full-benefit dual eligible individuals (as defined in section 1935(c)(6) of the Social Security Act (42 U.S.C. 1396u-5(c)(6))) regarding prescription drug coverage under part D of title XVIII of such Act. Of such amount-- (A) at least $20,000,000 (but in no case more than $50,000,000) shall be used to award grants to States under section 4360 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1395b-4) to provide such education and outreach; and (B) the remaining amount shall be used to provide funding to community-based organizations that work with full-benefit dual eligible individuals (as so defined) in order to provide such education and outreach. (2) Monitoring impact on duals.-- (A) In general.--$50,000,000 shall be used by the Centers for Medicare & Medicaid Services, in consultation with the Centers for Disease Control and Prevention, the Administration on Aging, and the Social Security Administration, to develop and implement a standardized protocol to collect data from health departments and other sources in 10 representative urban and rural communities on the impact of the transition of full benefit dual eligible individuals (as so defined) from prescription drug coverage under the medicaid program to prescription drug coverage under part D of the medicare program. Such protocol shall be implemented by not later than July 1, 2005. (B) Monitoring.--The protocol developed under subparagraph (A) shall include for the monitoring of the following information with respect to such full benefit dual eligible individuals: (i) Emergency room visit rates. (ii) Hospitalization rates. (iii) Nursing home placement rates. (iv) Deaths. (C) Collection by pdps and ma-pds.--The protocol developed under subparagraph (A) shall require that such data be collected by the prescription drug plans and the MA-PDs in which the individuals are enrolled and include information on race and ethnicity. (D) Reports.--Not later than January 1, 2006, and July 1, 2006, the Administrator of the Centers for Medicare & Medicaid Services, in consultation with the Centers for Disease Control and Prevention, the Administration on Aging, and the Social Security Administration, shall submit a report to Congress on the implementation of the protocol under subparagraph (A). (b) New Amounts.--There are appropriated to the Secretary of Health and Human Services, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, for fiscal year 2005 and each subsequent fiscal year, an amount not to exceed $50,000,000 (or if greater, an amount equal to $1 multiplied by the number of individuals entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title for the year) in order to award grants to States under section 4360 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C. 1395b-4). (c) Extension of Availability of Amounts Appropriated Under MMA.-- Section 1015(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2446) is amended by striking ``September 30, 2005'' and inserting ``September 30, 2006''. SEC. 6. COLLECTION AND SHARING OF DUAL ELIGIBLE DRUG UTILIZATION DATA. (a) In General.--Section 1860D-42 of the Social Security Act (42 U.S.C. 1395w-152) is amended by adding at the end the following new subsection: ``(c) Collection and Sharing of Dual Eligible Drug Utilization Data.-- ``(1) Plan requirement.--A PDP sponsor of a prescription drug plan and an MA organization offering an MA-PD plan shall submit to the Secretary such information regarding the drug utilization of enrollees in such plans who are full-benefit dual eligible individuals (as defined in section 1935(c)(6)) as the Secretary determines appropriate to carry out paragraph (2). ``(2) Collection and sharing of data.--The Secretary shall collect data on the drug utilization of full-benefit dual eligible individuals (as so defined). The Secretary shall share such data with the States and the District of Columbia in as close to a real-time basis as possible.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2071). SEC. 7. GAO STUDY ON THE CLAWBACK FORMULA. (a) Study.-- (1) In general.--The Comptroller General of the United States shall conduct a study on the clawback formula contained in section 1935(c) of the Social Security Act (42 U.S.C. 1396u- 5(c)), as added by section 103(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2155). (2) Requirements.--The study conducted under paragraph (1) shall include a full examination of-- (A) disincentives for States to enroll full-benefit dual eligible individuals (as defined in section 1935(c)(6) of the Social Security Act (42 U.S.C. 1396u- 5(c)(6))) in the medicaid program or part D of title XVIII of the Social Security Act; (B) the 6-month delay in States receiving rebate data; (C) the prescription drug cost containment measures implemented by States after 2003; and (D) issues relating to States having to pay more for prescription drug coverage for full benefit dual eligible individuals (as so defined) than they otherwise would have if the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2066 et seq.) had not been enacted. (b) Report.--Not later than April 1, 2006, the Comptroller General of the United States shall submit to Congress a report on the study conducted under subsection (a) together with such recommendations as the Comptroller General determines appropriate.

Medicare Dual Eligible Prescription Drug Coverage Act of 2005 - Provides that, for prescriptions filled between January 1 and June 30, 2006, requirements for the coordination of prescription drug benefits with Medicare as primary payor for dual eligible individuals under the new prescription drug benefit program (PDP) under Medicare part E (Voluntary Prescription Drug Benefit Program) shall not apply. Requires a State to continue to provide Medicaid medical assistance with respect to prescription drugs as if such coordination requirements had not been enacted. Declares that no State or the District of Columbia shall be required to pay (reimburse) the Secretary of Health and Human Services for Medicaid prescription drug costs for dual eligible individuals (Medicaid clawback payments) for any month before July 1, 2006. Earmarks specified amounts for education and outreach to dual eligibles regarding prescription drug coverage and monitoring of their transition to prescription drug coverage under Medicare. Requires a PDP sponsor and an MA organization offering an MA-PD plan to submit to the Secretary appropriate information regarding the drug utilization of enrollees in such plans who are full-benefit dual eligible individuals. Directs the Secretary to collect data on the drug utilization of full-benefit dual eligible individuals and share it with the States and District of Columbia in as close to a real-time basis as possible. Directs the Comptroller General of the United States to study and report to Congress on the clawback formula.

To continue State coverage of Medicaid prescription drug coverage to Medicare dual eligible beneficiaries for 6 months while still allowing the Medicare part D benefit to be implemented as scheduled.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Employees, Healthy Small Businesses Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2002, 44,000,000 Americans were without health insurance for the entire year, and the vast majority of these uninsured people are in working families. (2) The number of employees in a business greatly affects the likelihood of whether or not its employees are offered health insurance. In 2003, 98 percent of firms with over 200 employees offered health benefits, while only 55 percent of firms with under 10 workers did. (3) Among uninsured workers in 2001, over half held jobs with companies having fewer than 100 employees. (4) The cost of health insurance for employers is very high. On average, in 2003, the total cost of an individual health plan was $3,383, of which the employee paid an average of $508 and the employer paid an average of $2875. For a family policy, the average cost was $9,068, with the employer bearing $6,656 and the employee shouldering $2,412. SEC. 3. REFUNDABLE CREDIT FOR SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and inserting after section 35 the following new section: ``SEC. 36. SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES. ``(a) Determination of Amount.--In the case of a qualified small employer, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the expense amount described in subsection (b) paid by the taxpayer during the taxable year. ``(b) Subsection (b) Expense Amount.--For purposes of this section-- ``(1) In general.--The expense amount described in this subsection is the applicable percentage of the amount of qualified employee health insurance expenses of each qualified employee. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage is equal to-- ``(A) for any qualified small employer described in subparagraph (A) of paragraph (4), 50 percent, ``(B) for any qualified small employer described in subparagraph (B) of paragraph (4), 35 percent, and ``(C) for any qualified small employer described in subparagraph (C) of paragraph (4), 25 percent. ``(3) Per employee dollar limitation.-- ``(A) In general.--The amount of qualified employee health insurance expenses taken into account under paragraph (1) with respect to any qualified employee for any taxable year shall not exceed-- ``(i) for any qualified small employer described in subparagraph (A) of paragraph (4)-- ``(I) $1,500 in the case of self- only coverage, and ``(II) $3,400 in the case of family coverage, ``(ii) for any qualified small employer described in subparagraph (B) of paragraph (4)-- ``(I) $1,100 in the case of self- only coverage, and ``(II) $2,400 in the case of family coverage, and ``(iii) for any qualified small employer described in subparagraph (C) of paragraph (4)-- ``(I) $750 in the case of self-only coverage, and ``(II) $1,700 in the case of family coverage. ``(B) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2006, each dollar amount referred to in 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, by substituting `2005' for `1992'. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. ``(4) Qualified small employers described.--A qualified small employer is described in-- ``(A) this subparagraph if such employer employed an average of 9 or fewer employees (as determined under subsection (c)(1)(A)(ii)), ``(B) this subparagraph if such employer employed an average of more than 9 but less than 25 employees (as so determined), and ``(C) this subparagraph if such employer employed an average of more than 24 but not more than 50 employees (as so determined). ``(c) Definitions.--For purposes of this section-- ``(1) Qualified small employer.-- ``(A) In general.--The term `qualified small employer' means, with respect to any calendar year, any employer if-- ``(i) such employer pays or incurs at least 75 percent of the qualified employee health insurance expenses of each qualified employee (determined without regard to subsection (b)(3)), and ``(ii) such employer employed an average of 50 or fewer employees on business days during either of the 2 preceding calendar years. For purposes of clause (ii), a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(B) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding calendar year, the determination under subparagraph (A)(ii) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid by an employer for health insurance coverage (as defined in section 9832(b)(1)) to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(3) Qualified employee.-- ``(A) In general.--The term `qualified employee' means, with respect to any period, an employee of an employer if-- ``(i) the annual amount of hours in the employ of such employer by such employee is at least 400 hours, ``(ii) the total amount of wages paid or incurred by such employer to such employee at an annual rate during the taxable year is at least $5,000, and ``(iii) such employee is not eligible for-- ``(I) any benefits under title XVIII, XIX, or XXI of the Social Security Act, or ``(II) any other publicly-sponsored health insurance program. ``(B) Treatment of certain employees.--For purposes of subparagraph (A), the term `employee'-- ``(i) shall not include an employee within the meaning of section 401(c)(1), and ``(ii) shall include a leased employee within the meaning of section 414(n). ``(C) Wages.--The term `wages' has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). ``(d) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(e) Coordination With Deduction for Health Insurance Costs of Self-Employed Individuals.--In the case of a taxpayer who is eligible to deduct any amount under section 162(l) for the taxable year, this section shall apply only if the taxpayer elects not to claim any amount as a deduction under such section for such year.''. (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 36 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. 36. Small business employee health insurance expenses. ``Sec. 37. Overpayments of tax.''. (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2004.

Healthy Employees, Healthy Small Business Act of 2004 - Amends the Internal Revenue Code to allow certain small business employers a refundable tax credit for a portion of their employee health insurance costs.

A bill to amend the Internal Revenue Code of 1986 to provide a refundable tax credit for small business health insurance costs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Master Teacher Act''. SEC. 2. MASTER TEACHER PROGRAMS. Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by redesignating part E as part G; and (2) by inserting after part D the following new part: ``PART E--MASTER TEACHER PROGRAM ``SEC. 2351. FINDINGS. ``Congress makes the following findings: ``(1) The National Commission on Teaching and America's Future reports that more than 12 percent of all newly hired teachers enter the workforce with no training at all, and another 15 percent enter the workforce without having fully met State standards. ``(2) Annually, more than 50,000 people who lack the training required for their jobs have entered teaching with emergency or provisional licenses. ``(3) Only 500 of the Nation's 1,200 education schools meet common professional standards. ``(4) Fewer than 75 percent of all teachers have studied child development, and learning and teaching methods, have degrees in their subject areas, and have passed State licensing requirements. ``(5) Nearly \1/4\ of all secondary school teachers, and more than 30 percent of secondary school mathematics teachers, do not have even a college minor in their main subject area. ``(6) 64 percent of urban school districts allow teachers who are not certified or licensed to teach under an emergency certification or license, and 40 percent of those districts allow the hiring of long-term substitute teachers. ``SEC. 2352. PURPOSES. ``The purposes of this part are-- ``(1) to give local educational agencies the resources to establish master teacher programs; ``(2) to increase the level of student performance at elementary schools and secondary schools by improving the quality of education provided by the teachers at such schools; ``(3) to give local educational agencies the resources to fund efforts by teachers at elementary schools and secondary schools to become board certified; and ``(4) to give local educational agencies the resources to enable such agencies to provide salary incentives to teachers to become board certified. ``SEC. 2353. DEFINITIONS. ``In this part: ``(1) Board certified.--The term `board certified' means successful completion of all requirements to be certified by the National Board for Professional Teaching Standards. ``(2) Master teacher.--The term `master teacher' means a teacher who is certified by the National Board for Professional Teaching Standards and has been teaching for not less than 3 years. ``(3) Novice teacher.--The term `novice teacher' means a teacher who has been teaching for not more than 3 years at a public elementary school or secondary school. ``SEC. 2354. PROGRAM AUTHORIZED. ``(a) Authority.-- ``(1) In general.--The Secretary is authorized to award grants on a competitive basis to local educational agencies to establish master teacher programs as described in subsection (d). ``(2) Priority.--In awarding grants under paragraph (1), the Secretary shall give priority to local educational agencies that-- ``(A) provide funding assistance to teachers to become board certified, including the provision of the board certification fee to become board certified; and ``(B) provide salary incentives to teachers who become board certified. ``(3) Geographic distribution.--To the maximum extent practicable, the Secretary shall award grants under paragraph (1) so that such grants are distributed among the school districts with the highest concentration of teachers who are not certified or licensed or are provisionally certified or licensed. ``(b) Duration.--A grant under subsection (a) shall be awarded for a period of 5 years. ``(c) Amount.--The amount of a grant awarded under subsection (a), shall be determined based on-- ``(1) the total amount appropriated for a fiscal year under section 2360; and ``(2) the extent of the concentration of teachers who are not certified or licensed or are provisionally certified or licensed in the school district involved. ``(d) Authorized Activities.--The master teacher programs described in subsection (a) shall-- ``(1) provide funding assistance to teachers to become board certified, including the provision of the board certification fee; and ``(2) provide salary incentives to teachers who become board certified. ``SEC. 2355. APPLICATIONS. ``(a) In General.--A local educational agency desiring a grant under section 2354 shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(b) Contents.--Each application submitted pursuant to subsection (a) shall include-- ``(1) a statement describing the program activities for which amounts received under the grant will be used; ``(2) a statement describing the goals and objectives for the program activities described in paragraph (1), including a goal of increasing the percentage of teachers who become board certified and enhancing overall student achievement; and ``(3) a statement describing the manner in which the goals and objectives described in paragraph (2) will be measured. ``(c) Approval of Application.--The Secretary shall make a determination regarding an application submitted under subsection (a) based on a recommendation of a peer review panel described in subsection (d), and any other criteria that the Secretary determines to be appropriate. ``(d) Peer Review Panel.-- ``(1) Establishment.--The Secretary shall establish a peer review panel to review and make recommendations as to whether applications submitted pursuant to subsection (a) should be approved. ``(2) Recommendations.--In making a recommendation described in paragraph (1), the panel shall give consideration to the same factors that the Secretary is required to consider under paragraphs (2) and (3) of section 2354(a). ``SEC. 2356. PAYMENTS. ``(a) In General.--Grant payments shall be made under this part on an annual basis. ``(b) Administrative Costs.--Each local educational agency that receives a grant under section 2354 shall use not more than 2 percent of the amount awarded under the grant for administrative costs. ``(c) Denial of Grant.--If the Secretary determines that a local educational agency has failed to make substantial progress in attaining the performance objectives and goals described in section 2355(b)(2), such an agency shall not be eligible for a grant payment under this part in the next succeeding year. ``SEC. 2357. REPORTS. ``(a) Report by the Secretary.--Not later than 6 months after receipt of reports described in subsection (b), the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report of program activities funded under this part. ``(b) Report by Applicant.--Not later than March 31, 2004, each local educational agency receiving a grant under this part shall submit a report to the Secretary describing whether the program established under section 2354 was effective in increasing student achievement for all students, and in increasing the percentage of teachers who have become board certified. ``SEC. 2358. MATCHING REQUIREMENT. ``The Secretary may not award a grant to a local educational agency under section 2354 unless the local educational agency agrees that, with respect to costs to be incurred by the agency in carrying out activities for which the grant was awarded, the agency shall provide (directly or through donations from public or private entities) in non- Federal contributions an amount equal to 25 percent of the amount of the grant awarded to the agency. ``SEC. 2359. REPAYMENT OF FUNDS. ``(a) In General.--In the case of any program under this part in which assistance is provided to a teacher to pay the National Board for Professional Teaching Standard board certification fee to become board certified, assistance may only be provided if the teacher makes agreements as follows: ``(1) The teacher will enter and complete the National Board for Professional Teaching Standards board certification program to become board certified. ``(2) Upon becoming board certified, the teacher will teach in the public school system for a period of not less than 5 years. ``(b) Breach of Agreements.--A teacher receiving assistance described in subsection (a) is liable to the local educational agency that provides such assistance for the amount of the certification fee described in subsection (a) if such teacher-- ``(1) voluntarily withdraws or terminates the certification program before taking the examination for board certification; ``(2) is dismissed from the certification program before becoming board certified; or ``(3) fails to comply with the agreement under subsection (a). ``(c) Waiver or Suspension of Liability.--In the case of a teacher making an agreement under subsection (a), the Secretary shall provide for the waiver or suspension of liability under subsection (b) if compliance by the teacher with the agreements involved is impossible, would involve extreme hardship to the individual, or if enforcement of the agreement with respect to the teacher would be unconscionable. ``(d) Date Certain for Recovery.--Subject to subsection (c), any amount that a local educational agency is entitled to recover under subsection (b) shall be paid to such an agency not later than the expiration of the 3-year period beginning on the date the local educational agency becomes so entitled. ``SEC. 2360. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this part, $50,000,000 for each of the fiscal years 2000 through 2004. ``PART F--COMPETENCY EXAMINATION PROGRAM ``SEC. 2361. COMPETENCY EXAMINATION GRANTS. ``(a) Examination.--The Secretary shall enter into an agreement with the Center for Science, Mathematics, and Engineering of the National Research Council of the National Academy of Sciences, under which the Center shall develop an advanced competency examination for elementary school and secondary school teachers of mathematics and science. ``(b) Grants.--The Secretary may make grants to local educational agencies to assist the agencies in supplementing the salaries of teachers that pass the examination described in subsection (a). A local educational agency that receives such a grant for a year shall provide an additional $2500 in salary for that year to teachers that have passed the examination, and that teach in schools served by the agency. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2000 through 2004.''. SEC. 3. INFORMATION CAMPAIGN. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by inserting after section 204 the following: ``SEC. 204A. INFORMATION CAMPAIGN. ``(a) General Authority.--The Secretary may enter into contracts with appropriate entities to conduct information campaigns to broaden awareness of, and encourage mid-career professionals and other qualified individuals to consider, professional opportunities relating to elementary or secondary education. ``(b) Announcements.--Announcements distributed as part of such an information campaign shall publicize the availability of Federal assistance under this Act to obtain the necessary education, and to obtain certification or licensing, for the professional opportunities. ``(c) Requirements.--The provisions of sections 205 and 206 shall not apply to assistance provided under, and activities carried out under, this section. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2000 through 2004.''.

(Sec. 2) Revises ESEA title II to authorize the Secretary of Education to make competitive five-year grants to local educational agencies (LEAs) to establish master teacher programs that provide: (1) funding assistance to teachers to become board certified by the National Board for Professional Teaching Standards, including the provision of the board certification fee; and (2) salary incentives to teachers who become board certified. Gives priority to LEAs that already provide such assistance and incentives. Requires the Secretary to establish peer review panels to review LEA applications and make recommendations on which ones should be approved. Requires LEA matching funds. Requires teachers receiving such assistance to: (1) enter and complete the board certification program; and (2) upon becoming board certified, teach in a public school system for at least five years. Authorizes appropriations. Revises ESEA title II to authorize the Secretary to: (1) enter into an agreement with the Center for Science, Mathematics, and Engineering of the National Research Council of the National Academy of Sciences, under which the Center shall develop an advanced competency examination for elementary school and secondary school teachers of mathematics and science; and (2) make grants to LEAs to assist them in supplementing the salaries of teachers that pass such examination. Requires such LEAs to provide an additional $2,500 in salary for each grant year to teachers who have passed the examination and teach in schools served by the LEA. Authorizes appropriations. (Sec. 3) Revises HEA title II to authorize the Secretary to enter into contracts with appropriate entities to conduct information campaigns to broaden awareness of, and encourage mid-career professionals and other qualified individuals to consider, professional opportunities relating to elementary or secondary education. Requires announcements distributed as part of such information campaigns to publicize the availability of Federal assistance under HEA to obtain the necessary education, and to obtain certification or licensing, for such professional opportunities. Makes certain administrative, accountability, and evaluation provisions inapplicable to such contracts and campaigns. Authorizes appropriations.

21st Century Master Teacher Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ozone National Ambient Air Quality Standard Deadline Harmonization Act of 2015''. SEC. 2. FINDINGS. The Congress finds the following: (1) Ozone precursor emissions have been reduced by over 50 percent since 1980, resulting in a 33-percent improvement of ozone air quality. The Environmental Protection Agency projects this improvement will continue even under rules and programs already in place. (2) States are just beginning to implement the 2008 ozone standards, for which the Environmental Protection Agency published State implementation plan requirements on February 13, 2015. Notwithstanding this delayed implementation of the 2008 ozone standards, the Environmental Protection Agency published the 2015 ozone standards on October 26, 2015. (3) With publication of the 2015 ozone standards so early in the implementation of the 2008 ozone standards, States face the prospect of simultaneously implementing two national ambient air quality standards for ozone. (4) In addition, counties face severe statutorily imposed consequences if designated as nonattainment or for failing to meet attainment deadlines, even if those counties would ultimately achieve attainment with no further action. (5) If the 2008 and 2015 ozone standards implementation schedules are not harmonized, already strained State resources will be burdened by overlapping implementation schedules, and counties that are projected to achieve necessary air quality improvements will face significant and permanent sanctions. SEC. 3. OZONE STANDARDS IMPLEMENTATION SCHEDULE HARMONIZATION. (a) Designation Submission.--Not later than October 26, 2024, the Governor of each State shall designate in accordance with section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) all areas (or portions thereof) of the Governor's State as attainment, nonattainment, or unclassifiable with respect to the 2015 ozone standards. (b) Designation Promulgation.--Not later than October 26, 2025, the Administrator shall promulgate final designations under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) for all areas in all States with respect to the 2015 ozone standards, including any modifications to the designations submitted under subsection (a). (c) State Implementation Plans.--Not later than October 26, 2026, notwithstanding the deadline specified in section 110(a)(1) of the Clean Air Act (42 U.S.C. 7410(d)(1)), each State shall submit the plan required by such section 110(a)(1) for the 2015 ozone standards. SEC. 4. CERTAIN PRECONSTRUCTION PERMITS. (a) In General.--The 2015 ozone standards shall not apply to the review and disposition of a preconstruction permit application if-- (1) the Administrator or the State, local, or tribal permitting authority, as applicable, determines the application to be complete on or before the date of promulgation of final designations under section 3(b); or (2) the Administrator or the State, local, or tribal permitting authority, as applicable, publishes a public notice of a preliminary determination or draft permit for the application before the date that is 60 days after the date of promulgation of final designations under section 3(b). (b) Rules of Construction.--Nothing in this section shall be construed to-- (1) eliminate the obligation of a preconstruction permit applicant to install best available control technology and lowest achievable emissions rate technology, as applicable; or (2) limit the authority of a State, local, or tribal permitting authority to impose more stringent emissions requirements pursuant to State, local, or tribal law than Federal national ambient air quality standards established by the Environmental Protection Agency. SEC. 5. ADJUSTMENT OF 5-YEAR REVIEW CYCLE. (a) 10-Year Cycle for All Criteria Air Pollutants.--Paragraphs (1) and (2)(B) of section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)) are amended by striking ``five-year intervals'' each place it appears and inserting ``ten-year intervals''. (b) Cycle for Next Review of Ozone Criteria and Standards.-- Notwithstanding section 109(d) of the Clean Air Act (42 U.S.C. 7409(d)), the Administrator of the Environmental Protection Agency shall not-- (1) complete, before October 26, 2025, any review of the criteria for ozone published under section 108 of such Act (42 U.S.C. 7408) or the national ambient air quality standard for ozone promulgated under section 109 of such Act (42 U.S.C. 7409); or (2) propose, before such date, any revisions to such criteria or standards. SEC. 6. DEFINITIONS. In this Act: (1) The term ``2008 ozone standards'' means the national ambient air quality standards for ozone published in the Federal Register on March 27, 2008 (73 Fed. Reg. 16436). (2) The term ``2015 ozone standards'' means the national ambient air quality standards for ozone published in the Federal Register on October 26, 2015 (80 Fed. Reg. 65292). (3) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (4) The term ``best available control technology'' has the meaning given to that term in section 169(3) of the Clean Air Act (42 U.S.C. 7479(3)). (5) The term ``lowest achievable emissions rate'' has the meaning given to that term in section 171(3) of the Clean Air Act (42 U.S.C. 7501(3)). (6) The term ``preconstruction permit''-- (A) means a permit that is required under part C or D of title I of the Clean Air Act (42 U.S.C. 7470 et seq.) for the construction or modification of a major emitting facility or major stationary source; and (B) includes any such permit issued by the Environmental Protection Agency or a State, local, or tribal permitting authority.

Ozone National Ambient Air Quality Standard Deadline Harmonization Act of 2015 This bill delays the implementation of the Environmental Protection Agency's (EPA) 2015 national ambient air quality standards (NAAQS) for ozone issued under the Clean Air Act. Each state must designate all of its areas as attainment, nonattainment, or unclassifiable with respect to the 2015 ozone standards by October 26, 2024. The EPA must promulgate final designations for those areas by October 26, 2025. States must submit a state implementation plan for the 2015 ozone standards by October 26, 2026. The 2015 ozone standards do not apply to the review and disposition of an application for a preconstruction permit for the construction or modification of a major emitting facility or major stationary source if: (1) the application is completed before final designations under the Clean Air Act, or (2) the applicable permitting authority publishes a public notice of a preliminary determination or draft permit for the application before a certain date. The bill changes the interval by which the EPA must review its NAAQS for criteria pollutants from a 5-year review cycle to a 10-year review cycle. The EPA must not complete any review of ozone criteria or its ozone NAAQS before October 26, 2025, or propose any revisions to them.

Ozone National Ambient Air Quality Standard Deadline Harmonization Act of 2015

SECTION 1. RECOVERY PERIOD FOR DEPRECIATION OF CERTAIN SYSTEMS INSTALLED IN NONRESIDENTIAL AND RESIDENTIAL RENTAL BUILDINGS. (a) 20-Year Recovery Period for Highly Efficient HVAC&R Equipment.--Subparagraph (F) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 20-year property) is amended to read as follows: ``(F) 20-year property.--The term `20-year property' means-- ``(i) initial clearing and grading land improvements with respect to any electric utility transmission and distribution plant, and ``(ii) any property-- ``(I) which is part of a heating, ventilation, air conditioning, or commercial refrigeration system, ``(II) which exceeds by at least 10 percent the applicable minimum performance standard for such system or component under the National Appliance Energy Conservation Act of 1987 or the Energy Policy Act of 1992 (as such Acts are in effect on the date that such property is placed in service and taking into account any changes to the American Society of Heating, Refrigerating and Air-conditioning Engineers Standard 90.1 which have been adopted by the Department of Energy as of such date), ``(III) which is installed on or in a building which is nonresidential real property or residential rental property, ``(IV) the original use of which commences with the taxpayer (the owner or lessor in the case of residential rental property), and ``(V) which is placed in service before January 1, 2013.'' (b) 25-Year Recovery Period.--Section 168(e)(3) of such Code is further amended by inserting after subparagraph (F) the following new subparagraph: ``(G) 25-year property.--The term `25-year property' means any property-- ``(i) which is part of a heating, ventilation, air conditioning, or commercial refrigeration system, ``(ii) which is not described in subparagraph (F), ``(iii) which is installed on or in a building which is nonresidential real property or residential rental property, ``(iv) the original use of which commences with the taxpayer (the owner or lessor in the case of residential rental property), and ``(v) which is placed in service before January 1, 2013.''. (c) Conforming Amendments.-- (1) The table contained in section 168(c) of such Code is amended by inserting after the item relating to 20-year property the following new item: ``25-year property................................. 25 years''. (2) The table contained in section 467(e)(3)(A) of such Code is amended by inserting after the item relating to residential rental property and nonresidential real property the following new item: ``25-year property................................. 25 years''. (d) Requirement To Use Straight Line Method.--Paragraph (3) of section 168(b) of such Code (relating to property to which straight line method applies) is amended by redesignating subparagraphs (F), (G), (H), and (I) as subparagraphs (G), (H), (I), and (J), respectively, and by inserting after subparagraph (E) the following new subparagraph: ``(F) Property described in subsection (e)(3)(F)(ii) and subsection (e)(3)(G).''. (e) Alternative System.--The table contained in section 168(g)(3)(B) of such Code is amended by striking the items relating to subparagraph (F) and inserting the following new items: ``(F)(i)............................................... 20 (F)(ii)............................................... 20 (G)................................................... 25''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2008.

Amends the Internal Revenue Code to provide for accelerated depreciation of certain energy-efficient heating, ventilation, air conditioning, or commercial refrigeration property installed in nonresidential real property or residential rental property and placed in service before January 1, 2013.

To amend the Internal Revenue Code of 1986 to provide a shorter recovery period for the depreciation of certain systems installed in nonresidential real property or residential rental property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``So No Innocent Person Ever Repeats the Sniper Tragedy Act of 2003'' or the ``SNIPER Act of 2003''. SEC. 2. ENFORCING COMPLIANCE WITH RECORD KEEPING REQUIREMENTS. (a) Inspections.--Section 923(g)(1) of title 18, United States Code, is amended-- (1) in subparagraph (B)(ii)(I), by striking ``once'' and inserting ``4 times''; (2) in subparagraph (C)(i), by striking ``once'' and inserting ``4 times''; (3) by redesignating subparagraph (D) as subparagraph (E); and (4) by inserting after subparagraph (C), the following: ``(D) If a licensed importer, licensed manufacturer, licensed dealer, or licensed collector is found in violation of this chapter, or the related regulations, the Attorney General shall inspect or examine the inventory and records of such violator not less than once each year during the 3 years following such violation.''. (b) Ammunition Sales.--Section 923(g)(1)(A) is amended in the first sentence by striking ``firearms at his'' and inserting ``firearms and ammunition, except on .22 caliber rimfire ammunition, at such licensee's''. (c) Penalty Enhancement.--Section 924(a)(1) of title 18, United States Code, is amended-- (1) in subparagraph (C), by striking ``or'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: ``(D) willfully violates section 923(g); or''. SEC. 3. ENFORCEMENT ACTIONS AGAINST VIOLATORS OF FEDERAL FIREARMS LAWS. (a) Suspensions.--Section 924 of title 18, United States Code, as amended by section 2(c), is further amended by adding at the end the following: ``(q) A licensed importer, manufacturer, dealer, or collector who violates any provision of this chapter, or the related regulations, may be subject to-- ``(1) the revocation of any applicable license; ``(2) the suspension of any applicable license; or ``(3) a fine under this title.''. (b) Warning Letters; Notices; Fines.--Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(8) If an inspection under paragraph (1) reveals that a licensee has violated any provision of this chapter, or the related regulations, the Attorney General shall-- ``(A) issue a warning letter to the alleged violator, and maintain a copy of such letter, along with any written report prepared by the inspector-- ``(i) in the files of the appropriate Director of Industry Operations; and ``(ii) at the headquarters of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; ``(B) issue a notice of revocation of the license and conduct the appropriate proceedings; or ``(C) issue a notice of revocation, suspension, or imposition of a civil fine, and conduct the appropriate proceedings.''. (c) Timeliness of Enforcement Actions.--The Attorney General shall, by regulation, require the Director of Industry Operations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to issue a final decision within 120 days from the date on which a notice of revocation, suspension, or imposition of a civil fine is mailed to a licensee (as that term is defined in section 103(j)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note). (d) Judicial Stays of Enforcement Actions.--Section 923(f)(3) of title 18, United States Code, is amended by striking the period at the end of the first sentence and inserting ``, and shall not postpone the effective date of such decision unless so ordered by a United States district court judge or magistrate who has jurisdiction over the matter.''. (e) Enforcement Action not Dependent Upon Criminal Conviction.-- Section 923(f) of title 18, United States Code, is amended by striking paragraph (4). SEC. 4. RESTRICTION OF GUN SALES TO IN-STATE RESIDENTS. Section 922(b)(3) of title 18, United States Code, is amended by striking ``(A) shall not apply'' and all that follows through ``and (B)''. SEC. 5. BALLISTICS TESTING OF FIREARMS. (a) Short Title.--This section may be cited as the ``Technological Resource to Assist Criminal Enforcement Act'' or the ``TRACE Act''. (b) Purposes.--The purposes of this section are-- (1) to increase public safety by assisting law enforcement in solving more gun-related crimes and offering prosecutors evidence to link felons to gun crimes through ballistics technology; (2) to provide for ballistics testing of all new firearms for sale to assist in the identification of firearms used in crimes; (3) to require ballistics testing of all firearms in custody of Federal agencies to assist in the identification of firearms used in crimes; and (4) to add ballistics testing to existing firearms enforcement programs. (c) Definition of Ballistics.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(36) Ballistics.--The term `ballistics' means a comparative analysis of fired bullets and cartridge casings to identify the firearm from which bullets and cartridge casings were discharged, through identification of the unique markings that each firearm imprints on bullets and cartridge casings.''. (d) Test Firing and Automated Storage of Ballistics Records.-- (1) Amendment.--Section 923 of title 18, United States Code, is amended by adding at the end the following: ``(m)(1) In addition to the other licensing requirements under this section, a licensed manufacturer or licensed importer shall-- ``(A) test fire firearms manufactured or imported by such licensees as specified by the Attorney General by regulation; ``(B) prepare ballistics images of the fired bullet and cartridge casings from the test fire; ``(C) make the records available to the Attorney General for entry into the electronic database established under paragraph (3)(B); and ``(D) store the fired bullet and cartridge casings in such a manner and for such a period as specified by the Attorney General by regulation. ``(2) Nothing in this subsection creates a cause of action against any Federal firearms licensee or any other person for any civil liability except for imposition of a civil penalty under this section. ``(3)(A) The Attorney General shall assist firearm manufacturers and importers in complying with paragraph (1) by-- ``(i) acquiring, installing, and upgrading ballistics equipment and bullet and cartridge casing recovery equipment to be placed at locations readily accessible to licensed manufacturers and importers; ``(ii) hiring or designating sufficient personnel to develop and maintain a database of ballistics images of fired bullets and cartridge casings, research, and evaluation; ``(iii) providing education about the role of ballistics as part of a comprehensive firearm crime reduction strategy; ``(iv) providing for the coordination among Federal, State, and local law enforcement and regulatory agencies and the firearm industry to curb firearm-related crime and illegal firearm trafficking; and ``(v) taking other necessary steps to make ballistics testing effective. ``(B) The Attorney General shall-- ``(i) establish an electronic database-- ``(I) through which State and local law enforcement agencies can promptly access the ballistics records stored under this subsection, as soon as such capability is available; and ``(II) that shall not include any identifying information regarding dealers, collectors, or purchasers of firearms; and ``(ii) require training for all ballistics examiners. ``(4) The Attorney General shall conduct mandatory ballistics testing of all firearms obtained or in the possession of their respective agencies. ``(5) Not later than 3 years after the date of enactment of this subsection, and annually thereafter, the Attorney General shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report regarding the implementation of this section, including-- ``(A) the number of Federal and State criminal investigations, arrests, indictments, and prosecutions of all cases in which access to ballistics records, provided under the system established under this section and under similar systems operated by any State, served as a valuable investigative tool in the prosecution of gun crimes; ``(B) the extent to which ballistics records are accessible across jurisdictions; and ``(C) a statistical evaluation of the test programs conducted pursuant to paragraph (4). ``(6) There are authorized to be appropriated to the Department of Justice $20,000,000 for each of the fiscal years 2005 through 2008 to carry out this subsection, to be used to-- ``(A) install ballistics equipment and bullet and cartridge casing recovery equipment; ``(B) establish sites for ballistics testing; ``(C) pay salaries and expenses of necessary personnel; and ``(D) conduct related research and evaluation.''. (2) Effective date.-- (A) In general.--Except as provided in subparagraphs (A) and (B), the amendment made by paragraph (1) shall take effect on the date on which the Attorney General, in consultation with the Board of the National Integrated Ballistics Information Network, certifies that the ballistics system used by the Department of Justice is sufficiently developed to support mandatory ballistics testing of new firearms. (B) Ballistics testing.--Section 923(m)(1) of title 18, United States Code, as added by paragraph (1), shall take effect 2 years after the date of enactment of this Act. (C) Effective on date of enactment.--Section 923(m)(4) of title 18, United States Code, as added by paragraph (1), shall take effect on the date of enactment of this Act. (e) Privacy Rights of Law Abiding Citizens.--Ballistics information of individual guns in any form or database established by this section may not be used for prosecutorial purposes unless law enforcement officials have a reasonable belief that a crime has been committed and that ballistics information would assist in the investigation of that crime. SEC. 6. ADDITIONAL FUNDING FOR THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES. (a) Gun Crime Task Forces.-- (1) In general.--The Attorney General shall establish, within each field division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, a group of inspectors, agents, and support personnel to be known as the ``gun crime task force''. (2) Purpose.--The gun crime task forces established pursuant to paragraph (1) shall investigate, and assist in the regulation of, and if appropriate, the prosecution of, licensees (as that term is defined in section 103(j)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note)) and unlicensed dealers, who are suspected of violating chapter 44 or 96 of title 18, United States Code. (b) Authorization of Appropriations.-- (1) Gun crime task forces.--There are authorized to be appropriated $10,000,000 for each of the fiscal years 2005 through 2008 to carry out the provisions of subsection (a). (2) Industry operations.--There are authorized to be appropriated $25,000,000 for each of the fiscal years 2005 through 2008 to employ additional inspectors, regulators, and employees in the Industry Operations field divisions of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

So No Innocent Person Ever Repeats the Sniper Tragedy Act of 2003 (SNIPER Act of 2003) - Amends the Brady Handgun Violence Prevention Act to: (1) authorize the Secretary of the Treasury to inspect the inventory and records of a licensed importer, manufacturer, or dealer without reasonable cause or warrant not more than four times (currently, once) during any 12-month period; and (2) require such persons to maintain records of disposition of ammunition, except on .22 caliber rimfire ammunition. Provides for enhanced penalties for violations. Subjects violators to revocation or suspension of any applicable license or a fine. Directs the Attorney General to send warning letters to alleged violators, issue notices of revocation, suspension, or imposition of a civil fine, and conduct proceedings, as appropriate. Repeals an exemption from Brady Act requirements involving gun sales to instate residents. Technological Resource to Assist Criminal Enforcement Act (TRACE Act) - Amends the Brady Act to require a licensed manufacturer or importer to: (1) test fire firearms manufactured or imported by certain licensees; (2) prepare ballistics images of the fired bullet and cartridge casings; (3) make the records available to the Attorney General for entry into an electronic database (established by this Act); and (4) store the fired bullet and cartridge casings as specified. Directs the Attorney General to: (1) conduct mandatory ballistics testing of all firearms in the custody of Federal agencies; and (2) establish, within each Bureau of Alcohol, Tobacco, Firearms, and Explosives field division, a gun crime task force.

A bill to amend title 18 of the United States Code, to enhance the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to enforce the compliance of gun dealers with Federal firearms laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SAFE Transitional License Act''. SEC. 2. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS. (a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101 et seq.) is amended by adding at the end the following: ``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS. ``(a) Temporary Authority To Originate Loans for Loan Originators Moving From a Depository Institution to a Non-Depository Institution.-- ``(1) In general.--Upon employment by a State-licensed mortgage company, an individual who is a registered loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the individual-- ``(A) has not had an application for a loan originator license denied, or had such a license revoked or suspended in any governmental jurisdiction; ``(B) has not been subject to or served with a cease and desist order in any governmental jurisdiction or as described in section 1514(c); ``(C) has not been convicted of a felony that would preclude licensure under the law of the application State; ``(D) has submitted an application to be a State- licensed loan originator in the application State; and ``(E) was registered in the Nationwide Mortgage Licensing System and Registry as a loan originator during the 12-month period preceding the date of submission of the information required under section 1505(a). ``(2) Period.--The period described in this paragraph shall begin on the date on which the individual submits the information required under section 1505(a) and shall end on the earliest of-- ``(A) the date on which the individual withdraws the application to be a State-licensed loan originator in the application State; ``(B) the date on which the application State denies, or issues a notice of intent to deny, the application; ``(C) the date on which the application State grants a State license; or ``(D) the date that is 120 days after the date on which the individual submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete. ``(b) Temporary Authority To Originate Loans for State-Licensed Loan Originators Moving Interstate.-- ``(1) In general.--A State-licensed loan originator shall be deemed to have temporary authority to act as a loan originator in an application State for the period described in paragraph (2) if the State-licensed loan originator-- ``(A) meets the requirements of subparagraphs (A), (B), (C), and (D) of subsection (a)(1); ``(B) is employed by a State-licensed mortgage company in the application State; and ``(C) was licensed in a State that is not the application State during the 30-day period preceding the date of submission of the information required under section 1505(a) in connection with the application submitted to the application State. ``(2) Period.--The period described in this paragraph shall begin on the date on which the State-licensed loan originator submits the information required under section 1505(a) in connection with the application submitted to the application State and end on the earliest of-- ``(A) the date on which the State-licensed loan originator withdraws the application to be a State- licensed loan originator in the application State; ``(B) the date on which the application State denies, or issues a notice of intent to deny, the application; ``(C) the date on which the application State grants a State license; or ``(D) the date that is 120 days after the date on which the State-licensed loan originator submits the application, if the application is listed on the Nationwide Mortgage Licensing System and Registry as incomplete. ``(c) Applicability.-- ``(1) Employer of loan originators.--Any person employing an individual who is deemed to have temporary authority to act as a loan originator in an application State pursuant to this section shall be subject to the requirements of this title and to applicable State law to the same extent as if such individual was a State-licensed loan originator licensed by the application State. ``(2) Engaging in mortgage loan activities.--Any individual who is deemed to have temporary authority to act as a loan originator in an application State pursuant to this section and who engages in residential mortgage loan origination activities shall be subject to the requirements of this title and to applicable State law to the same extent as if such individual was a State-licensed loan originator licensed by the application State. ``(d) Definitions.--In this section, the following definitions shall apply: ``(1) Application state.--The term `application State' means a State in which a registered loan originator or a State- licensed loan originator seeks to be licensed. ``(2) State-licensed mortgage company.--The term `State- licensed mortgage company' means an entity licensed or registered under the law of any State to engage in residential mortgage loan origination and processing activities.''. (b) Table of Contents Amendment.--The table of contents in section 1(b) of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 4501 note) is amended by inserting after the item relating to section 1517 the following: ``Sec. 1518. Employment transition of loan originators.''. (c) Effective Date.--This section and the amendments made by this section shall take effect on the date that is 18 months after the date of enactment of this Act.

SAFE Transitional License Act This bill amends the S.A.F.E. Mortgage Licensing Act of 2008 to temporarily allow loan originators that meet specified requirements to continue to originate loans after moving: (1) from one state to another, or (2) from a depository institution to a non-depository institution.

SAFE Transitional License Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Data in Government Act of 2017''. SEC. 2. PRESERVING GOVERNMENT DATA. (a) In General.--Subchapter I of chapter 35 of title 44, United States Code, is amended-- (1) in section 3502-- (A) in paragraph (13), by striking ``and'' at the end; (B) in paragraph (14), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(15) the term `data' means recorded information, regardless of form or the media on which the data is recorded; ``(16) the term `data asset' means a collection of data elements or data sets that may be grouped together; ``(17) the term `machine-readable' means a format in which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost; ``(18) the term `open format' means a technical format that is not encumbered by restrictions that would impede use or reuse; ``(19) the term `open Government data' means a public data asset that is-- ``(A) machine-readable; ``(B) available in an open format; and ``(C) part of the worldwide public domain or, if necessary, published with an open license; and ``(20) the term `public data asset' means a data asset created or maintained by an agency, or a contractor of an agency, that-- ``(A) is not protected under copyright or patent laws; and ``(B)(i) may be released to the public; or ``(ii) has been released to the public in an open format.''; and (2) by adding at the end the following: ``Sec. 3522. Requirement to preserve Government data ``(a) In General.--Except as provided under subsection (c), any open Government data that is made available to the public for a period of not less than 90 consecutive days shall-- ``(1) remain machine-readable, available in an open format, and part of the worldwide public domain or, if necessary, published with an open license; and ``(2) not be altered in such a way as to decrease the machine-readable nature of the open Government data. ``(b) Alteration of Digital Location, Format, or Content.-- ``(1) In general.--It shall not be a violation of subsection (a) to alter-- ``(A) the digital location or format of open Government data for the purpose of routine asset maintenance or long-term archiving if the alteration does not decrease the open public accessibility or the machine-readable nature of the open Government data; or ``(B) the contents of open Government data for purposes of updating the open Government data or correcting an error in the open Government data. ``(2) Permanence of data after updates.--For purposes of subsection (a), any alteration of the digital location, format, or contents of open Government data under subparagraph (A) or (B) of paragraph (1) shall not constitute a renewal of the period for which the open Government data has been made available to the public. ``(3) Record of data changes after updates.--Any substantial alteration of the contents of open Government data under subparagraph (A) or (B) of paragraph (1) shall be recorded in a log that is made available to the public in an open format along with the open Government data. ``(c) Exceptions.-- ``(1) Conservation of agency resources.--An agency may remove open Government data from public availability if-- ``(A) the head of the agency determines that the open Government data-- ``(i) is too costly to maintain; or ``(ii) does not provide sufficient value to the public; ``(B) not less than 6 months before the date on which the agency removes the open Government data from public availability, the agency publishes a notice of the removal in the Federal Register, including-- ``(i) a clear identification of the open Government data; ``(ii) if applicable, the digital object identifier of the open Government data; ``(iii) a detailed description of the reasons for the removal; and ``(iv) a detailed description of efforts to make the open Government data permanently publicly available; and ``(C) the open Government data is available for download on the worldwide public domain for a period of not less than 6 months before the date on which the agency removes the open Government data from public availability. ``(2) Other provisions of law.--Subsection (a) shall not apply in the case of open Government data that is required to be removed from public availability or altered under another provision of law.''. (b) Technical and Conforming Amendment.--The table of sections for subchapter I of chapter 35 of title 44, United States Code, is amended by inserting after the item relating to section 3521 the following: ``3522. Requirement to preserve Government data.''.

Preserving Data in Government Act of 2017 This bill requires that any open government data that is made available to the public for at least 90 consecutive days must: (1) remain machine-readable, available in an open format, and part of the worldwide public domain or, if necessary, be published with an open license; and (2) not be altered in such a way as to decrease its machine-readable nature. It shall not be a violation of such requirement to alter: (1) the digital location or format of open government data for routine asset maintenance or long-term archiving if such alteration does not decrease the open public accessibility or the machine-readable nature of the data, or (2) the contents of such data to update it or correct an error. Any substantial alteration of the data's contents shall be recorded in a log that is made available to the public in an open format along with the data. An agency may remove such data from public availability if: the agency determines that the data is too costly to maintain or does not provide sufficient value to the public, the agency publishes specified notice at least six months in advance of such removal, and the data is available for download on the worldwide public domain for at least six months before such removal. This bill shall not apply to such data that is required to be removed from public availability or altered under another provision of law.

Preserving Data in Government Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Paleontological Resources Preservation Act''. SEC. 2. DEFINITIONS. As used in this Act: (1) Casual collecting.--The term ``casual collecting'' means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for non- commercial personal use, either by surface collection or the use of non-powered hand tools resulting in only negligible disturbance to the Earth's surface and other resources. As used in this paragraph, the terms ``reasonable amount'', ``common invertebrate and plant paleontological resources'' and ``negligible disturbance'' shall be determined by the Secretary. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior with respect to lands controlled or administered by the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System Lands controlled or administered by the Secretary of Agriculture. (3) Federal lands.--The term ``Federal lands'' means-- (A) lands controlled or administered by the Secretary of the Interior, except Indian lands; or (B) National Forest System lands controlled or administered by the Secretary of Agriculture. (4) Indian lands.--The term ``Indian Land'' means lands of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States. (5) State.--The term ``State'' means the fifty States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (6) Paleontological resource.--The term ``paleontological resource'' means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth's crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include-- (A) any materials associated with an archaeological resource (as defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or (B) any cultural item (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)). SEC. 3. MANAGEMENT. (a) In General.--The Secretary shall manage and protect paleontological resources on Federal lands using scientific principles and expertise. The Secretary shall develop appropriate plans for inventory, monitoring, and the scientific and educational use of paleontological resources, in accordance with applicable agency laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public. (b) Coordination.--To the extent possible, the Secretary of the Interior and the Secretary of Agriculture shall coordinate in the implementation of this Act. SEC. 4. PUBLIC AWARENESS AND EDUCATION PROGRAM. The Secretary shall establish a program to increase public awareness about the significance of paleontological resources. SEC. 5. COLLECTION OF PALEONTOLOGICAL RESOURCES. (a) Permit Requirement.-- (1) In general.--Except as provided in this Act, a paleontological resource may not be collected from Federal lands without a permit issued under this Act by the Secretary. (2) Casual collecting exception.--The Secretary may allow casual collecting without a permit on Federal lands controlled or administered by the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service, where such collection is consistent with the laws governing the management of those Federal lands and this Act. (3) Previous permit exception.--Nothing in this section shall affect a valid permit issued prior to the date of enactment of this Act. (b) Criteria for Issuance of a Permit.--The Secretary may issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that-- (1) the applicant is qualified to carry out the permitted activity; (2) the permitted activity is undertaken for the purpose of furthering paleontological knowledge or for public education; (3) the permitted activity is consistent with any management plan applicable to the Federal lands concerned; and (4) the proposed methods of collecting will not threaten significant natural or cultural resources. (c) Permit Specifications.--A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this Act. Every permit shall include requirements that-- (1) the paleontological resource that is collected from Federal lands under the permit will remain the property of the United States; (2) the paleontological resource and copies of associated records will be preserved for the public in an approved repository, to be made available for scientific research and public education; and (3) specific locality data will not be released by the permittee or repository without the written permission of the Secretary. (d) Modification, Suspension, and Revocation of Permits.-- (1) The Secretary may modify, suspend, or revoke a permit issued under this section-- (A) for resource, safety, or other management considerations; or (B) when there is a violation of term or condition of a permit issued pursuant to this section. (2) The permit shall be revoked if any person working under the authority of the permit is convicted under section 9 or is assessed a civil penalty under section 10. (e) Area Closures.--In order to protect paleontological or other resources and to provide for public safety, the Secretary may restrict access to or close areas under the Secretary's jurisdiction to the collection of paleontological resources. SEC. 6. CURATION OF RESOURCES. Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited in an approved repository. The Secretary may enter into agreements with non- Federal repositories regarding the curation of these resources, data, and records. SEC. 7. PROHIBITED ACTS; CRIMINAL PENALTIES. (a) In General.--A person may not-- (1) excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources located on Federal lands unless such activity is conducted in accordance with this Act; (2) exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated or removed from Federal lands in violation of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this Act; or (3) sell or purchase or offer to sell or purchase any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal lands. (b) False Labeling Offenses.--A person may not make or submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal lands. (c) Penalties.--A person who knowingly violates or counsels, procures, solicits, or employs another person to violate subsection (a) or (b) shall, upon conviction, be fined in accordance with title 18, United States Code, or imprisoned not more than 10 years, or both; but if the sum of the commercial and paleontological value of the paleontological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18, United States Code, or imprisoned not more than one year, or both. (d) General Exception.--Nothing in subsection (a) shall apply to any person with respect to any paleontological resource which was in the lawful possession of such person prior to the date of the enactment of this Act. SEC. 8. CIVIL PENALTIES. (a) In General.-- (1) Hearing.--A person who violates any prohibition contained in an applicable regulation or permit issued under this Act may be assessed a penalty by the Secretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section. (2) Amount of penalty.--The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this Act, taking into account the following factors: (A) The scientific or fair market value, whichever is greater, of the paleontological resource involved, as determined by the Secretary. (B) The cost of response, restoration, and repair of the resource and the paleontological site involved. (C) Any other factors considered relevant by the Secretary assessing the penalty. (3) Multiple offenses.--In the case of a second or subsequent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled. (4) Limitation.--The amount of any penalty assessed under this subsection for any one violation shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered. (b) Petition for Judicial Review; Collection of Unpaid Assessments.-- (1) Judicial review.--Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for judicial review of the order in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred within the 30-day period beginning on the date the order making the assessment was issued. Upon notice of such filing, the Secretary shall promptly file such a certified copy of the record on which the order was issued. The court shall hear the action on the record made before the Secretary and shall sustain the action if it is supported by substantial evidence on the record considered as a whole. (2) Failure to pay.--If any person fails to pay a penalty under this section within 30 days-- (A) after the order making assessment has become final and the person has not filed a petition for judicial review of the order in accordance with paragraph (1); or (B) after a court in an action brought in paragraph (1) has entered a final judgment upholding the assessment of the penalty, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which the person if found, resides, or transacts business, to collect the penalty (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). The district court shall have jurisdiction to hear and decide any such action. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings. (c) Hearings.--Hearings held during proceedings instituted under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code. (d) Use of Recovered Amounts.--Penalties collected under this section shall be available to the Secretary and without further appropriation may be used only as follows: (1) To protect, restore, or repair the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources, and to protect, monitor, and study the resources and sites. Any acquisition shall be subject to any limitations contained in the organic legislation for such Federal lands. (2) To provide educational materials to the public about paleontological resources and sites. (3) To provide for the payment of rewards as provided in section 11. SEC. 9. REWARDS AND FORFEITURE. (a) Rewards.--The Secretary may pay from penalties collected under section 9 or 10-- (1) consistent with amounts established in regulations by the Secretary; or (2) if no such regulation exists, an amount equal to the lesser of one-half of the penalty or $500, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. If several persons provided the information, the amount shall be divided among the persons. No officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection. (b) Forfeiture.--All paleontological resources with respect to which a violation under section 9 or 10 occurred and which are in the possession of any person, and all vehicles and equipment of any person that were used in connection with the violation, shall be subject to civil forfeiture, or upon conviction, to criminal forfeiture. All provisions of law relating to the seizure, forfeiture, and condemnation of property for a violation of this Act, the disposition of such property or the proceeds from the sale thereof, and remission or mitigation of such forfeiture, as well as the procedural provisions of chapter 46 of title 18, United States Code, shall apply to the seizures and forfeitures incurred or alleged to have incurred under the provisions of this Act. (c) Transfer of Seized Resources.--The Secretary may transfer administration of seized paleontological resources to Federal or non- Federal educational institutions to be used for scientific or educational purposes. SEC. 10. CONFIDENTIALITY. Information concerning the nature and specific location of a paleontological resource the collection of which requires a permit under this Act or under any other provision of Federal law shall be exempt from disclosure under section 552 of title 5, United States Code, and any other law unless the Secretary determines that disclosure would-- (1) further the purposes of this Act; (2) not create risk of harm to or theft or destruction of the resource or the site containing the resource; and (3) be in accordance with other applicable laws. SEC. 11. REGULATIONS. As soon as practical after the date of the enactment of this Act, the Secretary shall issue such regulations as are appropriate to carry out this Act, providing opportunities for public notice and comment. SEC. 12. SAVINGS PROVISIONS. Nothing in this Act shall be construed to-- (1) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land Policy Management Act (43 U.S.C. 1701-1784), the Mining in the Parks Act, the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-1358), and the Organic Administration Act (16 U.S.C. 478, 482, 551); (2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under existing laws and authorities relating to reclamation and multiple uses of Federal lands; (3) apply to, or require a permit for, casual collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this Act; (4) affect any lands other than Federal lands or affect the lawful recovery, collection, or sale of paleontological resources from lands other than Federal lands; (5) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal lands in addition to the protection provided under this Act; or (6) create any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in that capacity. No person who is not an officer or employee of the United States acting in that capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Passed the Senate July 17, 2003. Attest: EMILY J. REYNOLDS, Secretary.

Paleontological Resources Preservation Act - (Sec. 3) Directs the Secretaries of the Interior and Agriculture (the Secretaries) to: (1) manage and protect paleontological resources on Federal land using scientific principles and expertise; and (2) develop plans for inventorying, monitoring, and deriving the scientific and educational use of such resources. (Sec. 4) Directs the Secretaries to establish a program to increase public awareness about the significance of paleontological resources. (Sec. 5) Prohibits a person from collecting a paleontological resource from Federal land without a permit issued under this Act by one of the Secretaries. Authorizes the Secretaries to allow casual collecting of common invertebrate and plant paleontological resources for scientific, educational, and recreational uses, without a permit, on certain Federal lands where not inconsistent with laws governing management of such lands and this Act. Recognizes as valid permits issued before enactment of this Act. Sets forth criteria by which the Secretaries may issue permits for paleontological resources. Requires that any paleontological resource and associated records collected under a permit be deposited in an approved repository. Allows the Secretaries to modify, suspend, or revoke a permit under specified circumstances, including if there is a violation of a term or a condition of a permit. Declares that a permit shall be revoked if any person working under the authority of the permit is convicted of a criminal offense under this Act or assessed a civil penalty under this Act. (Sec. 6) States that the Secretaries may enter into agreements with non-Federal repositories regarding the curation of paleontological resources, data, and records. (Sec. 7) Prohibits: (1) excavating, removing, or altering a paleontological resource located on Federal lands, except in compliance with this Act; (2) exchanging or receiving such a resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; (3) selling or purchasing a paleontological resource, if the person knew or should have known such resource to have been illegally removed from Federal lands; or (4) making or submitting false records, accounts, or identification of any paleontological resource excavated or removed from Federal lands. Imposes criminal penalties for violating this Act. (Sec. 8) Sets forth requirements for the assessment of civil penalties by the Secretaries for violations of any prohibitions contained in regulations or permits issued under this Act. Requires any recovered amounts to be available for use: (1) to protect or restore the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources and to protect, monitor, and study the resources and sites; (2) to provide educational materials to the public about paleontological resources and sites; and (3) as a reward. (Sec. 9) Allows the Secretaries to pay from penalties collected under this Act a reward to any person who furnishes information leading to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. Provides for the civil or, as appropriate, the criminal forfeiture of all paleontological resources with respect to which a civil or criminal violation occurred, and of all vehicles and equipment that were used in connection with the violation. Allows the Secretary to transfer administration of seized paleontological resources to educational institutions for scientific or educational purposes. (Sec. 10) Requires that information on the nature and specific location of a paleontological resource that requires a permit under this Act or other Federal law be withheld from the public, including under the Freedom of Information Act, except under specified conditions. (Sec. 11) Directs the Secretaries to issue such regulations as are appropriate to carry out this Act, while providing opportunities for public notice and comment. (Sec. 12) Declares that nothing in this Act shall be construed to do certain things, including to: (1) modify any activity under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws; (2) modify any activity under existing laws and authorities relating to reclamation and multiple uses of Federal lands; or (3) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal lands in addition to the protection provided under this Act. (Sec. 13) Authorizes appropriations.

A bill to provide for the protection of paleontological resources on Federal lands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ports-to-Forts Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) Seaports serve vital national interests by supporting the mobilization and deployment of United States troops, facilitating the flow of trade, and creating jobs. (2) The Commercial Strategic Seaport Grant Program is designed to facilitate the movement of military forces securely through United States seaports with minimal disruptions to commerce. (3) The exponential growth of commercial cargo over the past 20 years has generated concern over the potential for conflict between military and commercial needs and about the future adequacy of the commercial strategic seaport infrastructure to meet national security requirements. (4) The existing infrastructure at seaports may not be readily available when required by the Department of Defense. SEC. 3. COMMERCIAL STRATEGIC SEAPORT GRANT PROGRAM. (a) In General.--The Maritime Administrator, subject to the availability of appropriations, may make a grant to a State or port authority to assist that State or port authority to conduct repair or construction activities relating to a commercial strategic seaport. (b) Application.-- (1) In general.--To be eligible for a grant under this section, a State or port authority shall submit to the Administrator, by not later than 1 year after publication of notice under paragraph (2), an application in such form and containing such information as the Administrator may require. The application shall include, at a minimum, a certification that any grant funds received by the State or port authority shall be used only as provided under subsection (c). (2) Notice.--Not later than 180 days after the date of enactment of this Act, the Administrator shall, in the Federal Register, publish notice that applications are being accepted for grants under subsection (a). (3) Application acceptability.--If the Administrator determines that an application received under paragraph (1) is incomplete or unacceptable, the Administrator shall-- (A) reject the application; and (B) advise the State or port authority that submitted the application of the reasons for the rejection. (4) Reapplication.--If the Administrator rejects a State's or port authority's application under paragraph (1), that State or port authority may submit an additional application under that paragraph not later than the end of the 1-year application period established under that paragraph. (c) Use of Funds.-- (1) State.--A State that receives a grant under subsection (a) may only use funds from such grant for direct or indirect costs of repair or construction activities relating to-- (A) a commercial strategic seaport; or (B) bridges, roads, rail systems, and other infrastructure in the vicinity of such seaport. (2) Port authority.--A port authority that receives a grant under subsection (a) may only use funds from such grant for direct or indirect costs of repair or construction activities relating to infrastructure that is part of the commercial strategic seaport. (d) Reporting Requirement.--Not later than 1 year after the date on which a State or port authority receives a grant under subsection (a), and annually thereafter until all repair or construction activities to be carried out under the grant are completed, the State or port authority shall submit a report to the Administrator that includes-- (1) a description of the progress made with respect to such activities; and (2) a detailed list of all expenses related to such activities. (e) Authorization of Use of Department of Defense Appropriations.-- Such sums as are necessary to carry out this section may be used by the Maritime Administrator from any amounts otherwise appropriated for the Department of Defense after the date of the enactment of this Act. (f) Definitions.--In this section: (1) Commercial strategic seaport.--The term ``commercial strategic seaport'' means a port (including bridges, roads, rail systems, and other infrastructure that is part of the port) that the Secretary of Defense has determined to be vital to the readiness and cargo throughput capacity of the Department of Defense. (2) Port authority.--The term ``port authority'' means a local port authority with jurisdiction over a commercial strategic seaport. (3) State.--The term ``State'' means each of the several States of the United States and Guam.

Ports-to-Forts Act of 2012 - Directs the Administrator of the Maritime Administration to make grants to states or port authorities to cover the direct or indirect costs for repair or construction of: (1) commercial strategic seaports; or (2) bridges, roads, rail systems, and other infrastructure near such seaports.

To authorize the Maritime Administrator to make grants to States or port authorities to cover the cost of repair and construction activities relating to certain commercial strategic seaports, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Oversight by Financial Inspectors General Act of 2009''. SEC. 2. AMENDMENT TO DEFINITION OF MATERIAL LOSS AND NONMATERIAL LOSSES TO THE DEPOSIT INSURANCE FUND FOR PURPOSES OF INSPECTORS GENERAL REVIEWS. (a) In General.--Section 38(k) of the Federal Deposit Insurance Act (U.S.C. 1831o(k)) is amended-- (1) in paragraph (2), by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Material loss defined.--The term `material loss' means any estimated loss in excess of $200,000,000, occurring after March 31, 2009.''; (2) in that portion of paragraph (4)(A) that precedes clause (i), by striking ``the report'' and inserting ``any reports under this subsection on losses''; (3) by striking paragraph (6); (4) by redesignating paragraph (5) as paragraph (6); and (5) by inserting after paragraph (4) the following new paragraph: ``(5) Losses that are not material.-- ``(A) Semiannual report.--For the 6-month period ending on September 30, 2009, and each 6-month period thereafter, the Inspector General of each Federal banking agency shall-- ``(i) identify losses estimated to be incurred by the Deposit Insurance Fund during that 6-month period with respect to insured depository institutions supervised by such Federal banking agency; ``(ii) for each loss to the Deposit Insurance Fund (as a loss to such Fund is defined in paragraph (2)(A)) that is not a material loss, determine the grounds identified by the Federal banking agency or State bank supervisor under section 11(c)(5) for appointing the Corporation as receiver and whether any unusual circumstances exist that might warrant an in-depth review of the loss; and ``(iii) prepare a written report to the appropriate Federal banking agency and for the Congress on the results of the Inspector General's determinations, including-- ``(I) the identity of any loss that warrants an in-depth review and the reasons why such review is warranted, or if the Inspector General determines that no review is warranted, an explanation of such determination; and ``(II) for each loss identified in subclause (I) that warrants an in-depth review, a date by which such review, and a report on the review prepared in a manner consistent with reports under paragraph (1)(A), will be completed. ``(B) Deadline for semiannual report.--The Inspector General of each Federal banking agency shall-- ``(i) comply with the semiannual report requirements of paragraph (A) expeditiously, and in any event within 90 days after the end of the 6-month period covered by the report; and ``(ii) provide a copy of the report to any Member of Congress upon request.''. (b) Technical and Conforming Amendment.--The heading for subsection (k) of section 38 of the Federal Deposit Insurance Act (U.S.C. 1831o(k)) is amended-- (1) by striking ``Review'' and inserting ``Reviews''; and (2) by striking ``Material Loss'' and inserting ``Losses''. SEC. 3. AMENDMENT TO DEFINITION OF MATERIAL LOSS AND NONMATERIAL LOSSES TO THE NATIONAL CREDIT UNION SHARE INSURANCE FUND FOR PURPOSES OF INSPECTORS GENERAL REVIEWS. (a) In General.--Subsection (j) of section 216 of the Federal Credit Union Act (12 U.S.C. 1790d(j)) is amended to read as follows: ``(j) Reviews Required When Share Insurance Fund Experiences Losses.-- ``(1) In general.--If the Fund incurs a material loss with respect to an insured credit union, the inspector general of the Board shall-- ``(A) make a written report to the Board reviewing the Administration's supervision of the credit union (including the Administration's implementation of this section), which shall-- ``(i) ascertain why the credit union's problems resulted in a material loss to the Fund; and ``(ii) make recommendations for preventing any such loss in the future; and ``(B) provide a copy of the report to-- ``(i) the Comptroller General of the United States; (ii) the Corporation (if the agency is not the Corporation); ``(ii) in the case of a State credit union, the appropriate State supervisor; and ``(iii) upon request by any Member of Congress, to that Member. ``(2) Material loss defined.--For purposes of determining whether the Fund has incurred a material loss with respect to an insured credit union, a loss is material if it exceeds the sum of-- ``(A) $25,000,000; and ``(B) an amount equal to 10 percent of the total assets of the credit union at the time at which the Board initiated assistance under section 1788 of this title or was appointed liquidating agent. ``(3) Public disclosure required.-- ``(A) In general.--The Board shall disclose a report under this subsection upon request under section 552 of title 5 without excising-- ``(i) any portion under section 552(b)(5) of that title; or ``(ii) any information about the insured credit union (other than trade secrets) or paragraph (8) of section 552(b) of that title. ``(B) Exception.--Subparagraph (A) shall not be construed as requiring the agency to disclose the name of any customer of the insured credit union (other than an institution-affiliated party), or information from which such a person's identity could reasonably be ascertained. ``(4) Losses that are not material.-- ``(A) Semiannual report.--For the 6-month period ending on September 30, 2009, and each 6-month period thereafter, the Inspector General of the Board shall-- ``(i) identify losses estimated to be incurred by the Fund during that 6-month period with respect to insured credit unions; ``(ii) for each loss to the Fund that is not a material loss, determine the grounds identified by the Board or the State official having jurisdiction over a State credit union for appointing the Board the liquidating agent for any Federal or State credit union and whether any unusual circumstances exist that might warrant an in-depth review of the loss; and ``(iii) prepare a written report to the Board and for the Congress on the results of the Inspector General's determinations, including-- ``(I) the identity of any loss that warrants an in-depth review and the reasons why such review is warranted, or if the Inspector General determines that no review is warranted, an explanation of such determination; and ``(II) for each loss identified in subclause (I) that warrants an in-depth review, a date by which such review, and a report on the review prepared in a manner consistent with reports under paragraph (1)(A), will be completed. ``(B) Deadline for semiannual report.--The Inspector General of the Board shall-- ``(i) comply with the semiannual report requirements of paragraph (A) expeditiously, and in any event within 90 days after the end of the 6-month period covered by the report; and ``(ii) provide a copy of the report to any Member of Congress upon request. ``(5) GAO review.--The Comptroller General of the United States shall, under such conditions as the Comptroller General determines to be appropriate, review reports made under paragraph (1), including the extent to which the Inspector General of the Board complied with section 8L of the Inspector General Act of 1978 with respect to each such report, and recommend improvements in the supervision of insured credit unions (including the implementation of this section).''. Passed the House of Representatives July 29, 2009. Attest: LORRAINE C. MILLER, Clerk.

Improved Oversight by Financial Inspectors General Act of 2009 - (Sec. 2) Amends the Federal Deposit Insurance Act (FDIA) to revise the meaning of material loss to repeal its definition as an amount exceeding the greater of $25 million or 2% of the institution's total assets at the time the Federal Deposit Insurance Corporation (FDIC) initiated assistance or was appointed receiver. Counts as a material loss any estimated loss in excess of $200 million occurring after March 31, 2009. Requires the Inspector General (IG) of each federal banking agency to report semiannually to the appropriate federal agency and to Congress regarding: (1) losses estimated to be incurred by the Deposit Insurance Fund (DIF) with respect to insured depository institutions the agency supervises; (2) each loss that is not a material loss, the grounds for appointing the FDIC as receiver, and whether any unusual circumstances exist that might warrant an in-depth review of the loss; and (3) the results of the IG's determinations. (Sec. 3) Amends the Federal Credit Union Act (FCUA) to require the IG of the National Credit Union Administration (NCUA) to report to the NCUA Board about any material loss to the National Credit Union Share Insurance Fund (NCUSIF) with respect to an insured credit union regarding: (1) why the credit union's problems resulted in a material loss to the NCUSIF; and (2) how such loss may be prevented in the future. Revises the definition of material loss to the NCUSIF, currently an amount exceeding the sum of $10 million and 10% of the credit union's total assets at the time the NCUA Board initiated assistance or was appointed liquidating agent. Increases the $10 million to $25 million. Requires the IG of the NCUA Board to report semiannually to the Board and Congress regarding: (1) losses estimated to be incurred by the NCUSIF with respect to insured credit unions; (2) each loss that is not a material loss, the grounds for appointing the NCUA Board as liquidating agent for any federal or state credit union, and whether any unusual circumstances exist that might warrant an in-depth review of the loss; and (3) the results of the IG's determinations. Instructs the Comptroller General to: (1) review reports regarding material losses to the NCUSIF, and (2) make recommendations for improvements in the supervision of insured credit unions.

To amend the Federal Deposit Insurance Act and the Federal Credit Union Act to provide more effective reviews of losses in the Deposit Insurance Fund and the Share Insurance Fund by the Inspectors General of the several Federal banking agencies and the National Credit Union Administration Board, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grant Reporting Efficiency and Agreements Transparency Act of 2018'' or the ``GREAT Act''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) modernize reporting by recipients of Federal grants and cooperative agreements by creating and imposing data standards for the information that grants and cooperative agreement recipients must report to the Federal Government; (2) implement the recommendation by the Director of the Office of Management and Budget, under section 5(b)(6) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note), which includes the development of a ``comprehensive taxonomy of standard definitions for core data elements required for managing Federal financial assistance awards''; (3) reduce burden and compliance costs of recipients of Federal grants and cooperative agreements by enabling technology solutions, existing or yet to be developed, by both the public and private sectors, to better manage data recipients already provide to the Federal Government; and (4) to strengthen oversight and management of Federal grants and cooperative agreements by agencies through consolidated collection and display of and access to open data that has been standardized, and where appropriate, transparency to the public. SEC. 3. DATA STANDARDS FOR GRANT REPORTING. (a) Amendment.--Subtitle V of title 31, United States Code, is amended by inserting after chapter 63 the following new chapter: ``CHAPTER 64--DATA STANDARDS FOR GRANT REPORTING ``Sec. ``6401. Definitions. ``6402. Data standards for grant reporting. ``6403. Guidance applying data standards for grant reporting. ``6404. Agency requirements. ``Sec. 6401. Definitions ``In this chapter: ``(1) Agency.--The term `agency' has the meaning given that term in section 552(f) of title 5. ``(2) Core data elements.--The term `core data elements' means data elements that are not program-specific in nature and are required by agencies for all or the vast majority of Federal grant and cooperative assistance recipients for purposes of reporting. ``(3) Director.--The term `Director' means the Director of the Office of Management and Budget. ``(4) Federal award.--The term `Federal award'-- ``(A) means the transfer of anything of value for a public purpose of support or stimulation authorized by a law of the United States, including financial assistance and Government facilities, services, and property; ``(B) includes grants, subgrants, awards, and cooperative agreements; and ``(C) does not include-- ``(i) conventional public information services or procurement of property or services for the direct benefit or use of the Government; or ``(ii) an agreement that provides only-- ``(I) direct Government cash assistance to an individual; ``(II) a subsidy; ``(III) a loan; ``(IV) a loan guarantee; or ``(V) insurance. ``(5) Secretary.--The term `Secretary' means the head of the standard-setting agency. ``(6) Standard-setting agency.--The term `standard-setting agency' means the Executive department designated under section 6402(a)(1). ``(7) State.--The term `State' means each State of the United States, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian Tribe. ``Sec. 6402. Data standards for grant reporting ``(a) In General.-- ``(1) Designation of standard-setting agency.--The Director shall designate the Executive department (as defined in section 101 of title 5) that issues the most Federal awards in a calendar year as the standard-setting agency. ``(2) Establishment of standards.--Not later than 1 year after the date of the enactment of this chapter, the Secretary and the Director shall establish Governmentwide data standards for information reported by recipients of Federal awards. ``(3) Data elements.--The data standards established under paragraph (2) shall include, at a minimum-- ``(A) standard definitions for data elements required for managing Federal awards; and ``(B) unique identifiers for Federal awards and entities receiving Federal awards that can be consistently applied Governmentwide. ``(b) Scope.--The data standards established under subsection (a) shall include core data elements and may cover any information required to be reported to any agency by recipients of Federal awards, including audit-related information reported under chapter 75 of this title. ``(c) Requirements.--The data standards required to be established under subsection (a) shall, to the extent reasonable and practicable-- ``(1) render information reported by recipients of Federal grant and cooperative agreement awards fully searchable and machine-readable; ``(2) be nonproprietary; ``(3) incorporate standards developed and maintained by voluntary consensus standards bodies; ``(4) be consistent with and implement applicable accounting and reporting principles; and ``(5) incorporate the data standards established under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note). ``(d) Consultation.--In establishing the data standards under subsection (a), the Secretary and the Director shall consult with, as appropriate-- ``(1) the Secretary of the Treasury, to ensure that the data standards incorporate the data standards created under the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note); ``(2) the head of each agency that issues Federal awards; ``(3) recipients of Federal awards and organizations representing recipients of Federal awards; ``(4) private sector experts; ``(5) members of the public, including privacy experts, privacy advocates, and industry stakeholders; and ``(6) State and local governments. ``Sec. 6403. Guidance applying data standards for grant reporting ``(a) In General.--Not later than 2 years after the date of the enactment of this chapter-- ``(1) the Secretary and the Director shall issue guidance to all agencies directing the agencies to apply the data standards established under section 6402 to all applicable reporting by recipients of Federal grant and cooperative agreement awards; and ``(2) the Director shall prescribe guidance applying the data standards to audit-related information reported under chapter 75. ``(b) Guidance.--The guidance issued under this section shall-- ``(1) to the extent reasonable and practicable-- ``(A) minimize the disruption to existing reporting practices for agencies and for recipients of Federal grant and cooperative agreement awards; and ``(B) explore opportunities to implement modern technologies within Federal award reporting; ``(2) allow the Director to permit exceptions for categories of grants if the Director publishes a list of such exceptions, including exceptions for Indian Tribes and Tribal organizations consistent with the Indian Self-Determination and Education Assistance Act; and ``(3) take into consideration the consultation required under section 6402(d). ``Sec. 6404. Agency requirements ``Not later than 3 years after the date of the enactment of this chapter, the head of each agency shall ensure that all of the agency's grants and cooperative agreements use data standards for all future information collection requests and amend existing information collection requests covered by chapter 35 of title 44 (commonly referred to as the Paperwork Reduction Act) to comply with the data standards established under section 6402, consistent with the guidance issued by the Secretary and the Director under section 6403.''. (b) Technical and Conforming Amendment.--The table of chapters for subtitle V of title 31, United States Code, is amended by inserting after the item relating to chapter 63 the following new item: ``64. Data Standards for Grant Reporting.................... 6401''. SEC. 4. SINGLE AUDIT ACT. (a) Amendments.-- (1) Section 7502(h) of title 31, United States Code, is amended by inserting before ``to a Federal clearinghouse'' the following ``in an electronic form consistent with the data standards established under chapter 64,''. (2) Section 7505 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) Such guidance shall require audit-related information reported under this chapter to be reported in an electronic form consistent with the data standards established under chapter 64.''. (b) Guidance.--Not later than 2 years after the date of the enactment of this Act, the Director shall issue guidance requiring audit-related information reported under chapter 75 of title 31, United States Code, to be reported in an electronic form consistent with the data standards established under chapter 64 of title 31, United States Code, as added by section 3. SEC. 5. CONSOLIDATION OF ASSISTANCE-RELATED INFORMATION; PUBLICATION OF PUBLIC INFORMATION AS OPEN DATA. (a) Collection of Information.--Not later than 4 years after the date of the enactment of this Act, the Secretary and the Director shall enable the collection, public display, and maintenance of Federal award information as a Governmentwide data set, using the data standards established under chapter 64 of title 31, United States Code, as added by section 3, subject to reasonable restrictions established by the Director to ensure protection of personally identifiable and otherwise sensitive information. (b) Publication of Information.--The Secretary and the Director shall require the publication of recipient-reported data collected from all agencies on a single public portal. Information may be published on an existing Governmentwide website as determined appropriate by the Director. (c) Foia.--Nothing in this section shall require the disclosure to the public of information that would be exempt from disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). SEC. 6. EVALUATION OF NONPROPRIETARY IDENTIFIERS. (a) Determination Required.--The Director and the Secretary shall determine whether to use nonproprietary identifiers under section 6402(a)(3)(B) of title 31, United States Code, as added by section 3(a). (b) Factors to Be Considered.--In making the determination required pursuant to subsection (a), the Director and the Secretary shall consider factors such as accessibility and cost to recipients of Federal awards, agencies that issue Federal awards, private-sector experts, and members of the public, including privacy experts and privacy advocates. (c) Publication and Report on Determination.--Not later than the earlier of 1 year after the date of the enactment of this Act or the date on which the Secretary and Director establish data standards pursuant to section 6402(a)(2) of title 31, United States Code, as added by section 3(a), the Secretary and the Director shall publish and submit to the Committees on Oversight and Government Reform of the House of Representatives and Homeland Security and Governmental Affairs of the Senate a report explaining the reasoning for the determination made pursuant to subsection (a). SEC. 7. DEFINITIONS. In this Act, the terms ``agency'', ``Director'', ``Federal award'', and ``Secretary'' have the meaning given those terms in section 6401 of title 31, United States Code, as added by section 3(a). SEC. 8. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to require the collection of data that is not otherwise required pursuant to any Federal law, rule, or regulation. SEC. 9. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. Passed the House of Representatives September 26, 2018. Attest: KAREN L. HAAS, Clerk.

Grant Reporting Efficiency and Agreements Transparency Act of 2018 or the GREAT Act This bill requires the Office of Management and Budget, jointly with the executive department that issues the most federal grant awards, to: (1) establish government-wide data standards for information reported by grant recipients, (2) issue guidance directing federal agencies to apply those standards, and (3) require the publication of recipient-reported data collected from all agencies on a single public website.

Grant Reporting Efficiency and Agreements Transparency Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire Now Tax Cut Act of 2010''. SEC. 2. PAYROLL TAX FORGIVENESS FOR HIRING UNEMPLOYED WORKERS. (a) In General.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Special Exemption for Certain Individuals Hired in 2010.-- ``(1) In general.--Subsection (a) shall not apply to wages paid by a qualified employer with respect to employment during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2010, of any qualified individual for services performed-- ``(A) in a trade or business of such qualified employer, or ``(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501. ``(2) Qualified employer.--For purposes of this subsection, the term `qualified employer' means any employer other than the United States, any State, any local government, or any instrumentality of the foregoing. ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after February 3, 2010, and before January 1, 2011, ``(B) certifies by signed affidavit, under penalties of perjury, that such individual has not been employed for more than 40 hours during the 60-day period ending on the date such individual begins such employment, ``(C) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(D) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (b) Coordination With Work Opportunity Credit.--Section 51(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Coordination with payroll tax forgiveness.--The term `wages' shall not include any amount paid or incurred to a qualified individual (as defined in section 3111(d)(3)) during the 1-year period beginning on the hiring date of such individual by a qualified employer (as defined in section 3111(d)) unless such qualified employer makes an election not to have section 3111(d) apply.''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Effective Date.--The amendments made by this section shall apply to wages paid after the date of the enactment of this Act. SEC. 3. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED INDIVIDUALS IN 2010. (a) In General.--In the case of any taxable year ending after the date of the enactment of this Act, the current year business credit determined under section 38(b) of the Internal Revenue Code of 1986 for such taxable year shall be increased by an amount equal to the product of-- (1) $1,000, and (2) the number of retained workers with respect to which subsection (b)(2) is first satisfied during such taxable year. (b) Retained Worker.--For purposes of this section, the term ``retained worker'' means any qualified individual (as defined in section 3111(d)(3) of the Internal Revenue Code of 1986)-- (1) who was employed by the taxpayer on any date during the taxable year, (2) who was so employed by the taxpayer for a period of not less than 52 consecutive weeks, and (3) whose wages for such employment during the last 26 weeks of such period equaled at least 80 percent of such wages for the first 26 weeks of such period.

Hire Now Tax Cut Act of 2010 - Amends the Internal Revenue Code to: (1) exempt for-profit and nonprofit employers from social security taxes in 2010 for new employees who are hired after February 3, 2010, and before January 1, 2011, and who certify that they have not worked more than 40 hours during the last 60 days; and (2) allow an increase in the general business tax credit for the retention of such employees for at least one year at specified wage levels. Appropriates to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under title II of the Social Security Act amounts necessary to cover any reduction in revenues resulting from the tax exemptions provided by this Act.

A bill to amend the Internal Revenue Code of 1986 to provide an exemption from employer social security taxes with respect to previously unemployed individuals, and to provide a credit for the retention of such individuals for at least 1 year.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colorectal Cancer Detection Act of 2018''. SEC. 2. MEDICARE COVERAGE FOR FDA-APPROVED QUALIFYING COLORECTAL CANCER SCREENING BLOOD-BASED TESTS. (a) In General.--Section 1861(pp) of the Social Security Act (42 U.S.C. 1395x(pp)) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraph (D) as subparagraph (E); and (B) by inserting after subparagraph (C) the following new subparagraph: ``(D) Qualifying colorectal cancer screening blood-based test.''; and (2) by adding at the end the following new paragraph: ``(3) The term `qualifying colorectal cancer screening blood-based test' means, with respect to a year, a screening blood-based test for the early detection of colorectal cancer furnished in the year that was marketed or used, as applicable, in accordance with the relevant provisions of section 353 of the Public Health Service Act or the Federal Food, Drug, and Cosmetic Act more than 6 months before the beginning of the year.''. (b) Frequency Limits for Colorectal Cancer Screening Tests and Payment Amount for Qualifying Colorectal Cancer Screening Blood-Based Tests.--Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) is amended-- (1) by amending clause (ii) of paragraph (1)(B) to read as follows: ``(ii) if the test is performed within-- ``(I) the 11 months after a previous screening fecal-occult blood test or a previous qualifying colorectal cancer screening blood-based test; ``(II) the 35 months after a previous screening flexible sigmoidoscopy or a previous screening colonoscopy with adenoma findings; ``(III) the 59 months after a previous screening colonoscopy with small polyp findings; or ``(IV) the 119 months after a previous screening colonoscopy without adenoma findings or small polyp findings.''; (2) in paragraph (2)(E)(ii), by inserting ``or within the 35 months after a previous screening fecal-occult blood test or previous qualifying colorectal cancer screening blood-based test'' after ``sigmoidoscopy''; (3) by amending subparagraph (E) of paragraph (3) to read as follows: ``(E) Frequency limit.--No payment may be made under this part for a colorectal cancer screening test consisting of a screening colonoscopy-- ``(i) if the procedure is performed within the 11 months after a previous screening fecal- occult blood test or previous qualifying colorectal cancer screening blood-based test; ``(ii) for individuals at high risk for colorectal cancer if the procedure is performed within the 23 months after a previous screening colonoscopy; or ``(iii) for individuals not at high risk for colorectal cancer if the procedure is performed within the 119 months after a previous screening colonoscopy or within the 47 months after a previous screening flexible sigmoidoscopy.''; and (4) by adding at the end the following new paragraph: ``(4) Qualifying colorectal cancer screening blood-based tests.-- ``(A) Payment amount.--The payment amount for colorectal cancer screening tests consisting of qualifying colorectal cancer screening blood-based tests shall be established by the Secretary based on a crosswalk to payment amounts for tests for the diagnosis of inherited colorectal cancer by methylation methods. ``(B) Frequency limit.--Paragraph (1)(B) shall apply to colorectal cancer screening tests consisting of qualifying colorectal cancer screening blood-based tests in the same manner as such paragraph applies to colorectal cancer screening tests consisting of fecal- occult blood tests.''. (c) Effective Date.--The amendments made by this section shall apply to colorectal cancer screening tests furnished in a year beginning more than 6 months after the date of the enactment of this Act.

Colorectal Cancer Detection Act of 2018 This bill provides for Medicare coverage and payment, subject to specified frequency limits, of certain colorectal cancer screening blood-based tests.

Colorectal Cancer Detection Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bereaved Consumer's Bill of Rights Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) there have been shocking consumer abuses in the funeral industry, including scandals at Burr Oak Cemetery in Alsip, Illinois, Menorah Gardens Cemetery in Palm Beach, Florida, and the Tri State Crematory in Noble, Georgia; (2) funeral arrangements are a major expense for most American households and families; (3) some consumers seek to ease the burdens on their families by arranging and paying for preneed funeral and cemetery arrangements; (4) most funerals are planned by grieving family members at a time when they are especially vulnerable and unlikely to focus on cost comparison; (5) the Federal Trade Commission's Funeral Industry Practices Trade Regulation Rule (known as the Funeral Rule) dictates consumer protections in the funeral home, but does not cover the practices of cemeteries, crematoria, or sellers of monuments, urns, or caskets; (6) State laws are inconsistent and frequently too weak to provide adequate consumer protections, creating a need for minimum Federal standards in this area; (7) consumers have the right to receive clear and accurate information about all funeral goods and funeral services offered for sale; (8) consumers need effective protection from fraud and abusive practices by all providers of funeral goods and funeral services and at all stages of the funeral planning process; and (9) a new Federal law that provides adequate protections to grieving families is warranted. SEC. 3. FTC RULEMAKING RELATING TO UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN THE PROVISION OF FUNERAL GOODS OR FUNERAL SERVICES. (a) In General.--The Federal Trade Commission shall prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or funeral services. Such rules shall include the following: (1) A requirement that providers of funeral goods or funeral services furnish accurate price information disclosing clearly and conspicuously the cost to the purchaser for each of the specific funeral goods or funeral services provided or offered for sale. (2) A prohibition on misrepresentations by such providers, including misrepresentations of the requirements of Federal, State, or local law. (3) A prohibition on conditioning the provision of any funeral good or funeral service upon the purchase of any other funeral good or funeral service from that provider, except as required by law. (4) A requirement that any presale disclosures and contracts for funeral services or funeral goods be written clearly, stating the merchandise and services that purchasers are buying and their prices. (5) In the case of contracts for funeral services or funeral goods that are prepaid in whole or in part, a requirement for clear and conspicuous presale and contractual disclosure regarding any penalties incurred if the consumer decides to cancel or transfer the contract to another provider of funeral services or funeral goods. (6) A requirement that contracts for funeral services or funeral goods disclose clearly and conspicuously all fees and costs to be incurred in the future or at the time that the funeral services or funeral goods are provided. (7) A requirement that cemeteries provide to consumers, in a timely manner, all written rules and regulations of the cemetery, and a clear explanation in writing of the interment, inurnment, or entombment right that has been purchased, and any material terms and conditions of that purchase, including any repurchase option by the cemetery or resale rights available to the consumer. (8) A requirement that cemeteries-- (A) retain all records in existence on the date of enactment of this Act, including maps or other systems indicating the location and date of each interment, inurnment, or entombment; (B) accurately record and retain records of all interments, inurnments, or entombments occurring, as well as any internment, inurnment, or entombment rights sold, after the effective date of the regulations issued under this subsection, in such manner and form as the Commission may prescribe in such regulations; and (C) make such records available to Federal, State, and local governments, as appropriate. (b) Rulemaking.--The Commission shall prescribe the rules under subsection (a) within 1 year after the date of enactment of this Act. Such rules, and any future rules or revision of rules prescribed by the Commission prohibiting unfair or deceptive acts or practices in the provision of funeral goods or funeral services, shall be prescribed in accordance with section 553 of title 5, United States Code. (c) Application of Rules to Tax-Exempt Organizations and States.-- Notwithstanding the definition of corporation in section 4 of the Federal Trade Commission Act (15 U.S.C. 44), the rules prescribed under subsection (a), and any future rules or revision of rules prescribed by the Commission prohibiting unfair or deceptive acts or practices in the provision of funeral goods or funeral services, shall also apply to cemeteries organized or operated by-- (1) organizations described in section 501(c) of the Internal Revenue Code of 1986 that are exempt from taxation under section 501(a) of such Code, except for cemeteries organized, operated, managed, and owned by a religious denomination, middle judicatory, house of worship, or similar religious organization, and that are not organized, operated, managed, or owned by contract or affiliation with a for-profit provider of funeral goods or funeral services that offers those goods or services for sale to the public; or (2) States or any political subdivision of a State. (d) Enforcement.--Any violation of any rule prescribed under this section shall be treated as a violation of a regulation prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. Any person who violates the regulations prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. SEC. 4. ENFORCEMENT BY STATES. (a) In General.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in an act or practice which violates any rule of the Commission issued under section 3 of this Act or the Trade Regulation Rule on Funeral Industry Practices (16 C.F.R. 453.1 et seq.), the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such violative act or practice, to enforce compliance with such rule of the Commission, to obtain damages, restitution, or other compensation on behalf of residents of such State, or to obtain such further and other relief as the court may determine appropriate. (b) Notice.--The State shall provide prior written notice of any civil action under subsection (a) or (f)(2) to the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right-- (1) to intervene in such action; (2) upon so intervening, to be heard on all matters arising therein; (3) to remove the action to the appropriate United States district court; and (4) to file petitions for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this Act shall prevent an attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by Commission.--Whenever a civil action has been instituted by or on behalf of the Commission for violation of any rule prescribed under section 3 of this Act, no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) or (f)(2) of this section against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (e) Venue; Service of Process.--Any civil action brought under subsection (a) of this section in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. (f) Actions by Other State Officials.-- (1) Construction.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (2) Other state actions.--In addition to actions brought by an attorney general of a State under subsection (a) of this section, such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents. SEC. 5. EFFECT ON OTHER LAW. Nothing in this Act or the rules prescribed under this Act shall be construed to preempt any provision of any law of a State or political subdivision of that State that provides protections to consumers of funeral services or funeral goods, except to the extent that the provision of law is inconsistent with any provision of this Act or a rule prescribed under this Act, and then only to the extent of the inconsistency. SEC. 6. DEFINITIONS. In this Act-- (1) the term ``cemetery'' means any organization, association, or other business that offers for sale the interment, inurnment, or entombment of human remains, but does not include any cemetery that-- (A) performs fewer than a total of 25 interments, inurnments, and entombments during any calendar year; or (B) sells fewer than a total of 25 interment rights, inurnment rights, and entombment rights during any calendar year; (2) the term ``funeral goods'' means the goods which are sold or offered for sale directly to the public for use in connection with funeral services; and (3) the term ``funeral services'' means-- (A) any services which are sold or offered for sale directly to the public in order to-- (i) care for and prepare deceased human bodies for burial, cremation, or other final disposition; or (ii) arrange, supervise, or conduct the funeral ceremony or the final disposition of deceased human bodies; or (B) services provided by funeral directors, morticians, cemeterians, cremationists, and retailers of caskets, urns, monuments, and markers.

Bereaved Consumer's Bill of Rights Act of 2016 This bill directs the Federal Trade Commission (FTC) to prescribe rules prohibiting unfair or deceptive acts or practices in the provision of funeral goods or services. The rules must: (1) require price information to be disclosed clearly and conspicuously; (2) prohibit misrepresentations or the provision of goods or services being conditioned upon the purchase of other goods or services from the provider; (3) require presale disclosures and contracts to be written clearly, stating the merchandise, services, and prices and disclosing any penalties for canceling or transferring a contract; (4) require cemeteries to provide consumers all written rules and regulations of the cemetery and all material terms and conditions of purchase; and (5) require cemeteries to retain all records in existence on the date of enactment of this bill and accurately record and retain records of interments, inurnments, or entombments. Cemeteries subject to the FTC's rules shall include those organized or operated by states, political subdivisions, or tax-exempt organizations. But the bill excludes cemeteries organized, operated, managed, and owned by a religious organization and that are not affiliated with a for-profit provider offering funeral goods and services for sale to the public. The FTC and states are provided authority to enforce against violations.

Bereaved Consumer's Bill of Rights Act of 2016

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``National Women's Rights History Project Act of 2005''. (b) Findings.--Congress finds the following: (1) The women's rights movement is one of the three great protest traditions in United States history, sharing that status with the struggle for racial equality and the labor movement. (2) On July 19, 1848, a group of activists including Elizabeth Cady Stanton, Lucretia Mott, and Mary Ann M'Clintock, convened the first Women's Rights Convention at Wesleyan Chapel in Seneca Falls, New York. During the Convention, 68 women and 32 men signed the Declaration of Sentiments calling for a broad array of rights for women, including suffrage. (3) Under the leadership of Elizabeth Cady Stanton and Susan B. Anthony, the National American Women Suffrage Association (NAWSA) was formed. NAWSA was instrumental in securing passage of the 19th amendment, which amended the Constitution to give women the right to vote. The 19th amendment was passed by Congress on June 4, 1919, and was ratified on August 18, 1920. (4) Susan B. Anthony formed the Equal Rights Association, refuted ideas that women were inferior to men, and fought for women's right to vote. She also campaigned for the rights of women to own property, to keep their own earnings, and to have custody of their children. In 1900, she persuaded the University of Rochester to admit women. (5) In the late 19th and early 20th centuries, the women's movement expanded to also play a critical role in shaping policies on economic and social welfare. SEC. 2. ESTABLISHMENT OF VOTES FOR WOMEN HISTORY TRAIL ROUTE AS FEATURE OF WOMEN'S RIGHTS NATIONAL HISTORICAL PARK. Title XVI of Public Law 96-607, which established the Women's Rights National Historical Park, is amended by inserting after section 1601 (16 U.S.C. 410ll) the following new section: ``SEC. 1602. VOTES FOR WOMEN HISTORY TRAIL ROUTE. ``(a) Finding.--There is an opportunity for the Women's Rights National Historical Park in Seneca Falls and Waterloo, New York, to work in partnership with historically and thematically related properties in the corridor between Syracuse and Rochester, New York, including the Susan B. Anthony House, to tell the story of the 72-year fight for women's suffrage. ``(b) Establishment of Trail Route.--The Secretary of the Interior, acting through the Director of National Park Service, with concurrence of the agency having jurisdiction over the relevant roads, is authorized to designate a vehicular tour route, to be known as the `Votes for Women History Trail Route', to link properties in the State of New York that are historically and thematically associated with the struggle for women's suffrage in the United States. ``(c) Administration.--The Votes for Women History Trail Route shall be administered by the National Park Service through the Women's Rights National Historical Park. ``(d) Activities.--To facilitate the establishment of the Votes for Women History Trail Route and the dissemination of information regarding the Trail Route, the Secretary shall-- ``(1) produce and disseminate appropriate educational materials regarding the Trail Route, such as handbooks, maps, exhibits, signs, interpretive guides, and electronic information; ``(2) coordinate the management, planning, and standards of the auto route in partnership with participating properties, other Federal agencies, and State and local governments; ``(3) create and adopt an official, uniform symbol or device to mark the Votes for Women History Trail Route; and ``(4) issue guidelines for the use of such symbol or device. ``(e) Elements of Trail Route.--The Secretary may designate as an official stop on the Votes for Women History Trail Route any of the following properties, subject to the consent of the owner of the property: ``(1) All units and programs of Women's Rights National Historical Park that pertain to the struggle for women's suffrage. ``(2) Other Federal, State, local, and privately owned properties that the Secretary determines have a verifiable connection to the struggle for women's suffrage. ``(3) Other governmental and nongovernmental facilities and programs of an educational, commemorative, research, or interpretive nature that the Secretary determines to be directly related to the struggle for women's suffrage. ``(f) Cooperative Agreements and Memoranda of Understanding.-- ``(1) Authorized.--To facilitate the establishment of the Votes for Women History Trail Route and to ensure effective coordination of the Federal and non-Federal properties designated as stops along the Trail Route, the Secretary is authorized to enter into cooperative agreements and memorandums of understanding with, and provide technical and financial assistance to, other Federal agencies, the State of New York, localities, regional governmental bodies, and private entities. ``(2) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of the Interior such sums as are necessary for the period of fiscal year 2006 through fiscal year 2010 to provide financial assistance to cooperating entities pursuant to agreements or memorandums entered into under paragraph (1).''. SEC. 3. NATIONAL WOMEN'S RIGHTS HISTORY PROJECT NATIONAL REGISTRY. (a) In General.--The Secretary of the Interior is authorized to make annual grants to State historic preservation offices for up to 5 years to assist those State historic preservation offices in surveying, evaluating, and nominating women's rights history properties to the National Register of Historic Places. The Secretary shall ensure that the National Register travel itinerary website, ``Places Where Women Made History'' is updated to contain the results of the inventory and links to websites related to places on the inventory when such links are available. (b) Eligibility.--When offering grants under subsection (a), the Secretary shall give priority grants related to properties associated with the multiple facets of the women's rights movement such as politics, economics, education, religion, and social and family rights. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior to carry out this section such sums as are necessary for the period of fiscal year 2006 through fiscal year 2010. SEC. 4. NATIONAL WOMEN'S RIGHTS HISTORY PROJECT PARTNERSHIPS NETWORK. (a) In General.--The Secretary of the Interior is authorized to make matching grants and technical assistance for development of a network of governmental and nongovernmental entities whose purpose is to provide interpretive and educational program development of national women's rights history, including historic preservation. Matching grants for historic preservation specific to the network may be made available through State historic preservation offices. The network shall be managed through a nongovernmental entity, identified by the Secretary of the Interior through a competitive process. The nongovernmental managing entity shall work in partnership with the National Park Service and State historic preservation offices to coordinate operation of the network. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior to carry out this section such sums as are necessary for the period of fiscal year 2006 through fiscal year 2010.

National Women's Rights History Project Act of 2005 - Authorizes the Secretary of the Interior to designate a vehicular tour route, to be known as the Votes for Women History Trail Route, to link properties in New York State that are historically and thematically associated with the struggle for women's suffrage in the United States. Requires the National Park Service to administer the Trail through the Women's Rights National Historical Park (established under prior law). Authorizes the Secretary to: (1) make annual grants to state historic preservation offices for up to five years for assistance in surveying, evaluating, and nominating women's rights history properties to the National Register of Historic Places; and (2) make matching grants and technical assistance for development of a network of governmental and nongovernmental entities providing interpretive and educational program development of national women's rights history, including historic preservation.

To authorize the Secretary of the Interior to establish a commemorative trail route in connection with the Women's Rights National Historical Park to link properties that are historically and thematically associated with the struggle for women's suffrage, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture established by section 3(a). (2) Museum.--The term ``Museum'' means the National Museum of Asian Pacific American History and Culture. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) In General.--There is established the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture. (b) Membership.--The Commission shall be composed of 8 members, of whom-- (1) 2 members shall be appointed by the majority leader of the Senate; (2) 2 members shall be appointed by the Speaker of the House of Representatives; (3) 2 members shall be appointed by the minority leader of the Senate; and (4) 2 members shall be appointed by the minority leader of the House of Representatives. (c) Qualifications.--Members of the Commission shall be appointed to the Commission from among individuals, or representatives of institutions or entities, who possess-- (1)(A) a demonstrated commitment to the research, study, or promotion of Asian Pacific American history, art, political or economic status, or culture; and (B)(i) expertise in museum administration; (ii) expertise in fundraising for nonprofit or cultural institutions; (iii) experience in the study and teaching of Asian Pacific American history; (iv) experience in studying the issue of the representation of Asian Pacific Americans in art, life, history, and culture at the Smithsonian Institution; or (v) extensive experience in public or elected service; (2) experience in the administration of, or the planning for, the establishment of, museums; or (3) experience in the planning, design, or construction of museum facilities. (d) Prohibition.--No employee of the Federal Government may serve as a member of the Commission. (e) Deadline for Initial Appointment.--The initial members of the Commission shall be appointed not later than the date that is 90 days after the date of enactment of this Act. (f) Vacancies.--A vacancy in the Commission-- (1) shall not affect the powers of the Commission; and (2) shall be filled in the same manner as the original appointment was made. (g) Chairperson.--The Commission shall, by majority vote of all of the members, select 1 member of the Commission to serve as the Chairperson of the Commission. SEC. 4. DUTIES OF THE COMMISSION. (a) Reports.-- (1) Plan of action.--The Commission shall submit to the President and Congress a report containing the recommendations of the Commission with respect to a plan of action for the establishment and maintenance of a National Museum of Asian Pacific American History and Culture in Washington, DC. (2) Report on issues.--The Commission shall submit to the President and Congress a report that addresses the following issues: (A) The availability and cost of collections to be acquired and housed in the Museum. (B) The impact of the Museum on regional Asian Pacific American history-related museums. (C) Potential locations for the Museum in Washington, DC, and its environs. (D) Whether the Museum should be part of the Smithsonian Institution. (E) The governance and organizational structure from which the Museum should operate. (F) Best practices for engaging Asian Pacific Americans in the development and design of the Museum. (G) The cost of constructing, operating, and maintaining the Museum. (3) Deadline.--The reports required under paragraphs (1) and (2) shall be submitted not later than the date that is 18 months after the date of the first meeting of the Commission. (b) Fundraising Plan.-- (1) In general.--The Commission shall develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through contributions from the public. (2) Considerations.--In developing the fundraising plan under paragraph (1), the Commission shall consider issues relating to funding the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. (3) Independent review.--The Commission shall obtain an independent review of the viability of the plan developed under paragraph (1) and such review shall include an analysis as to whether the plan is likely to achieve the level of resources necessary to fund the construction of the Museum and the operations and maintenance of the Museum in perpetuity without reliance on appropriations of Federal funds. (4) Submission.--The Commission shall submit the plan developed under paragraph (1) and the review conducted under paragraph (3) to the Committees on Transportation and Infrastructure, House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate. (c) Legislation To Carry Out Plan of Action.--Based on the recommendations contained in the report submitted under paragraphs (1) and (2) of subsection (a), the Commission shall submit for consideration to the Committees on Transportation and Infrastructure, House Administration, Natural Resources, and Appropriations of the House of Representatives and the Committees on Rules and Administration, Energy and Natural Resources, and Appropriations of the Senate recommendations for a legislative plan of action to establish and construct the Museum. (d) National Conference.--Not later than 18 months after the date on which the initial members of the Commission are appointed under section 3, the Commission may, in carrying out the duties of the Commission under this section, convene a national conference relating to the Museum, to be comprised of individuals committed to the advancement of the life, art, history, and culture of Asian Pacific Americans. SEC. 5. DIRECTOR AND STAFF OF COMMISSION. (a) Director and Staff.-- (1) In general.--The Commission may employ and compensate an executive director and any other additional personnel that are necessary to enable the Commission to perform the duties of the Commission. (2) Rates of pay.--Rates of pay for persons employed under paragraph (1) shall be consistent with the rates of pay allowed for employees of a temporary organization under section 3161 of title 5, United States Code. (b) Not Federal Employment.--Any individual employed under this Act shall not be considered a Federal employee for the purpose of any law governing Federal employment. (c) Technical Assistance.-- (1) In general.--Subject to paragraph (2), on request of the Commission, the head of a Federal agency may provide technical assistance to the Commission. (2) Prohibition.--No Federal employees may be detailed to the Commission. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Compensation.-- (1) In general.--A member of the Commission-- (A) shall not be considered to be a Federal employee for any purpose by reason of service on the Commission; and (B) shall serve without pay. (2) Travel expenses.--A member of the Commission shall be allowed a per diem allowance for travel expenses, at rates consistent with those authorized under subchapter I of chapter 57 of title 5, United States Code. (b) Gifts, Bequests, Devises.--The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or real or personal property for the purpose of aiding or facilitating the work of the Commission. (c) Federal Advisory Committee Act.--The Commission shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 7. TERMINATION. The Commission shall terminate on the date that is 30 days after the date on which the final versions of the reports required under section 4 are submitted. SEC. 8. FUNDING. (a) In General.--The Commission shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the Commission. (b) Prohibition.--No Federal funds may be obligated to carry out this Act.

Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act This bill establishes a Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture. The Commission must: (1) report recommendations for a plan of action for the establishment and maintenance of a National Museum of Asian Pacific American History and Culture in Washington, D.C.; (2) develop a fundraising plan to support the establishment, operation, and maintenance of the Museum through public contributions; (3) obtain an independent review of this fundraising plan, including an analysis of the resources necessary to fund the construction of the Museum and its operations and maintenance in perpetuity without reliance on federal funds; and (4) submit a legislative plan of action to establish and construct the Museum. Directs the Commission's recommendations to address issues including the impact of the Museum on regional Asian Pacific American history-related museums, whether it should be part of the Smithsonian Institution, and the cost of constructing, operating, and maintaining the Museum and acquiring its collections. The Commission may convene a national conference relating to the Museum. Prohibits federal funds from being obligated to carry out this Act.

Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Affinity Scams for Seniors Act of 2010'' or the ``PASS Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) Financial exploitation of the elderly is becoming an increasingly familiar problem. Regular review of news headlines reveals that elders and vulnerable adults are victimized routinely by frauds and scams at the hands of strangers as well as loved ones. (2) Older individuals may be targeted merely because they possess more assets, such as savings, annuities, and retirement accounts, stocks and bonds, insurance policies, and property than younger people. People over 50 years of age control at least 70 percent of the net worth of the nation's households. (3) Those elders with cognitive impairments, mental health conditions, or physical disabilities may be dependent upon others (family members, friends, formal and informal caregivers, or court-appointed representatives) for assistance in making financial decisions or carrying out daily transactions, and therefore may be even more vulnerable to theft, exploitation, or undue influence. (4) Affinity scams on seniors involve transactions in which a person trusted by the senior uses the relationship to defraud the senior. Millions of elderly are scammed each year, losing at least 2,600,000,000 a year to thieves, many of whom are in their own families (conservative estimate given of the schemes left unreported). (5) Elder financial abuse is commonly linked with other forms of abuse and neglect and threatens the health, dignity, and economic security of millions of older Americans. Elder financial abuse has received limited attention because it is not regarded as visible, life-threatening, or newsworthy as is the physical or sexual abuse of elders. (6) Financial exploitation can be devastating to the victim and is often traced to family members, trusted friends, or caregivers. Financial abuse often occurs with the implied acknowledgment and consent of the elder person and can be more difficult to detect. (7) Elder financial abuse affects elders and their families in significant and long-lasting ways by putting enormous emotional duress on the elders, increasing their risk of depression, decreasing their quality of life, and increasing unnecessary institutionalization. (8) The financial services industry is often the first to detect a change in the pattern of customers with whom they have regular contact. This puts institutions in a unique position to assist in protecting customers and upholding the inherent trust relationship with clients. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Affinity scam.--The term ``affinity scam'' means a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, ``new friend'', or service provider, claims to share similar interests or values with the senior, establishes a relationship with the senior (either on the person's own initiative or through some other method, such as a court-appointed guardianship), and then uses the relationship to defraud the senior. (2) Financial institution.--The term ``financial institution'' means-- (A) an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h)); (B) a credit union; and (C) a thrift institution. (3) Senior.--The term ``senior'' means an individual who is at least 65 years of age. SEC. 4. AFFINITY SCAM EDUCATION AND TRAINING. (a) Staff Education and Training.--Each financial institution shall-- (1) educate the staff of the financial institution about affinity scams and how to identify transactions that may be part of an affinity scam; and (2) train staff members on educating seniors about affinity scams. (b) Senior Customer Education.--Each financial institution shall provide educational materials and other information to seniors who maintain a deposit account with the financial institution about affinity scams and how to identify transactions that may be part of an affinity scam. (c) Education and Training Oversight.--The Bureau of Consumer Financial Protection shall-- (1) issue such regulations as are necessary to carry out this section; and (2) periodically audit financial institutions to ensure compliance with such regulations. SEC. 5. SENIOR PROTECTION ACCOUNTS. (a) In General.--Each financial institution shall offers seniors a type of checking account to be known as a ``senior protection account''. (b) Senior Protection Account Requirements.-- (1) In general.--With respect to a senior who maintains a senior protection account with a financial institution, if the financial institution receives a transaction request to debit such account and, before processing the transaction, the financial institution identifies the transaction as possibly being part of an affinity scam, the financial institution shall-- (A) not process the transaction; and (B) initiate an investigation in order to determine if such transaction is part of an affinity scam or is legitimate. (2) Investigation.--With respect to a transaction that is the basis of an investigation described under paragraph (1)(B), a financial institution shall-- (A) notify the senior whose account the transaction would debit, if processed, that the financial institution-- (i) has identified the transaction as possibly being part of an affinity scam; and (ii) has not yet processed the transaction, pending the result of an investigation; (B) if the financial institution determines that the transaction is part of an affinity scam-- (i) notify the senior of such determination; (ii) refer such transaction to the appropriate law enforcement agency; and (iii) report such transaction to the Bureau of Consumer Financial Protection; and (C) if the financial institution does not determine that the transaction is part of an affinity scam-- (i) notify the senior of such determination; and (ii) process such transaction not later than 7 business days from the date on which the investigation was started, unless instructed otherwise by the senior. (3) Designation of staff person.--Each financial institution shall designate a single staff person who shall be notified whenever a staff person identifies a transaction that is possibly part of an affinity scam. (4) Liability.--A financial institution that fails to process a transaction or that refers a transaction to law enforcement pursuant to the requirements of this subsection shall not be liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, or under any contract or other legally enforceable agreement (including any arbitration agreement), for such failure or referral. (c) Rulemaking.--The Secretary of the Treasury shall issue such regulations as are necessary to carry out this section. (d) Tax Deduction.-- (1) In general.--The Secretary of the Treasury shall by regulation establish a deduction to be allowed in computing the taxable income of financial institutions for purposes of the Internal Revenue Code of 1986. (2) Amount of deduction.--Such deduction with respect to any financial institution for a taxable year shall be an amount equal to 0.77 percent of the average of the amount of deposits held by such financial institution in senior protection accounts for each day during such taxable year. (e) Civil Liability.--Any financial institution that fails to comply with any provision of this section with respect to a senior shall be liable to such senior in an amount equal to the sum of the following: (1) Actual damages.--The amount of any actual damage sustained by the senior as a result of such failure. (2) Attorneys' fees.--In the case of any successful action to enforce any liability under paragraph (1), the costs of the action, together with reasonable attorneys' fees. (f) Nondiscrimination.--A financial institution may not discriminate against seniors in any fees or other charges required by the financial institution in order to cover the cost to the financial institution of implementing the requirements of this Act. SEC. 6. ADDING AFFINITY SCAMS TARGETING SENIORS TO THE SUSPICIOUS TRANSACTION REPORTING REQUIREMENT. Section 5318(g)(1) of title 31, United States Code, is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(A) Possible violation of law or regulation.--The Secretary''; and (2) by adding at the end the following new subparagraph: ``(B) Possible affinity scam targeting seniors.-- ``(i) In general.--The Secretary shall require each financial institution, and each director, officer, employee, or agent of such financial institution, to report any suspicious transaction relevant to a possible affinity scam. ``(ii) Definitions.--For purposes of this subparagraph: ``(I) Affinity scam.--The term `affinity scam' means a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, `new friend', or service provider, claims to share similar interests or values with the senior, establishes a relationship with the senior (either on the person's own initiative or through some other method, such as a court-appointed guardianship), and then uses the relationship to defraud the senior. ``(II) Senior.--The term `senior' means an individual who is at least 65 years of age.''. SEC. 7. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect after the end of the 6-month period beginning on the date of the enactment of this Act.

Preventing Affinity Scams for Seniors Act of 2010 or PASS Act of 2010 - Defines "affinity scam" as a transaction in which a person trusted by a senior, such as a caregiver, relative, guardian, "new friend," or service provider, claims to share similar interests or values and establishes a relationship with the senior, then uses the relationship to defraud the senior. Requires each financial institution to: (1) educate its staff about affinity scams and how to identify transactions that may be part of an affinity scam; (2) train staff members on educating seniors about affinity scams; (3) provide senior depositors with educational materials on how to identify affinity scams; and (4) offer seniors a "senior protection (checking) account." Directs the Bureau of Consumer Financial Protection to: (1) issue implementing regulations; and (2) audit financial institutions periodically to ensure compliance with them. Sets forth senior protection account requirements, including protective measures to block and investigate transactions suspected of being an affinity scam. Instructs the Secretary of the Treasury to establish an income tax deduction of .77% of the average of the amount of deposits held by a financial institution in senior protection accounts. Subjects a noncompliant financial institution to a civil liability with respect to a senior who has sustained actual damage as a result of the institution's failure to comply with this Act. Directs the Secretary to require each financial institution, and each of its directors, officers, employees, or agents, to report any suspicious transaction relevant to a possible affinity scam.

To require financial institutions to offer services to protect seniors from affinity scams, to report suspected affinity scams, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Up Earmarks Act of 2010'' or the ``CUE Act of 2010''. SEC. 2. GAO AUDIT OF SENATE EARMARKS. (a) In General.--Not later than March 31 of each year, the Comptroller General shall submit an audit to Congress of 5 percent of Senate earmarks for the current fiscal year chosen at random. (b) Details.--The audit required by subsection (a) shall include-- (1) an adequate amount of earmarks of small and large programs; (2) 50 percent of earmarks that have been requested by at least one Democratic Senator and 50 percent requested by at least one Republican Senator; and (3) 50 percent of earmarks requested by members of the Senate Committee on Appropriations and 50 percent requested by Senators not on the Senate Committee on Appropriations. SEC. 3. STRENGTHENING POINT OF ORDER AGAINST AIRDROPPED ITEMS IN CONFERENCE REPORTS. Subparagraphs (c) and (d) of paragraph 8 of rule XLIV of the Standing rules of the Senate are amended by striking ``three-fifths'' and inserting ``two-thirds''. SEC. 4. IMPROVING EARMARKS WEB SITE. The Secretary of the Senate and the Clerk of the House of Representatives shall take such steps as are necessary to improve the Web site earmarks.gov to-- (1) make earmarks more easily searchable by the requesting member of Congress and by any federally registered lobbyist who requested such earmark; and (2) ensure that the Web site is user friendly and does not include extraneous information. SEC. 5. HEARINGS ON EARMARKS. It is the sense of the Senate that-- (1) the subcommittees of the Committee on Appropriations should hold hearings on earmark requests in excess of $1,000,000, during which Members who request said earmarks should be invited to testify; and (2) the subcommittees of the Committee on Appropriations shall hold hearings on earmark requests in excess of $5,000,000, during which Members who request said earmarks shall be invited to testify. SEC. 6. INCREASED EARMARK TRANSPARENCY AND PROHIBITING EARMARKS TO PRIVATE FOR-PROFIT ENTITIES. Rule XLIV of the Standing Rules of the Senate is amended by adding at the end thereof the following: ``13.(a) All congressionally directed spending items shall be included in the text of an appropriations or authorization bill and any conference report related to that appropriations or authorization bill. ``(b) Not later than 48 hours after the request, each request for a congressionally directed spending item for an appropriations or authorization bill made by a Senator shall be posted on the Senator's Web site. The posting of the request for a congressionally directed spending item shall include the name and location of the specifically intended recipient, the purpose of the congressionally directed spending item, the name of any federally registered lobbyist who materially participated in requesting that the earmark submission be made by that Senator, and the dollar amount requested. If there is no specifically intended recipient, the posting shall include the intended location of the activity, the purpose of the congressionally directed spending item, and the dollar amount requested. ``(c) It shall not be in order to consider an appropriations or authorization bill, amendment, or conference report if it contains a congressionally directed spending item for a private for-profit entity.''. SEC. 7. DISCLOSURE BY NON-PROFITS OF PRIVATE FOR-PROFIT EARMARK BENEFICIARIES. Each Senator shall-- (1) require any eligible entity that requests an earmark submission from that Senator to include a written disclosure in that earmark request of the identity of any for profit, private company that might directly benefit financially from the award of the earmark; and (2) submit the identity of the beneficiary disclosed under paragraph (1) in writing to the Senate Committee on Appropriations with any corresponding earmarks request made by the Senator and include the beneficiary disclosure in the disclosure of earmarks required to be posted on the Web site of the Senator by paragraph 13 of rule XLIV of the Standing Rules of the Senate. SEC. 8. AMENDMENT TO THE LOBBYING DISCLOSURE ACT OF 1995 REQUIRING REPORTING INFORMATION ON THE EMPLOYER OF A LOBBYIST. Section 5(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(b)) is amended-- (1) in paragraph (4), by striking the ``and'' after the semicolon; (2) in paragraph (5), by striking the period and inserting ``; and''; and (3) by inserting at the end the following: ``(6) for each client, the amount of congressional earmarks requested from Congress on behalf of the client and a detailed accounting of each such earmark.''.

Clean Up Earmarks Act of 2010 or CUE Act of 2010 - Requires the Comptroller General to submit an audit to Congress of 5% of Senate earmarks for the current fiscal year chosen at random. Requires the audit to include: (1) an adequate number of earmarks of small and large programs; (2) 50% of earmarks that have been requested by at least one Democratic Senator and one Republican Senator, respectively; and (3) 50% of earmarks requested by members and 50% of those requested by non-members, respectively, of the Senate Committee on Appropriations. Amends Rule XLIV (Congressional Directed Spending and Related Items) of the Standing Rules of the Senate to require an affirmative vote of two-thirds (currently, three-fifths [60]) of the Members of the Senate to: (1) authorize a Senator to move to waive any or all points of order with respect to a pending conference report that constitutes new directed spending provisions; and (2) sustain an appeal of the ruling of the Chair regarding such point of order. Requires the Secretary of the Senate and the Clerk of the House of Representatives to take necessary steps to improve the website earmarks.gov to: (1) make earmarks more easily searchable by the requesting Member of Congress and by any federally registered lobbyist who requested them; and (2) ensure that the website is user friendly and does not include extraneous information. Expresses the sense of the Senate that the subcommittees of the Committee should hold separate hearings on earmark requests in excess of $1 million and of $5 million, respectively, during which Members who requested them should be invited to testify. Amends Rule XLIV to require all congressionally directed spending items to be included in the text of an appropriations or authorization bill and any related conference report. Requires each request by a Senator for a congressionally directed spending item for such a bill to be posted on the Senator's website within 48 hours, including specified related information. Makes it out of order to consider an appropriations or authorization bill, amendment, or conference report if it contains a congressionally directed spending item for a private for-profit entity. Requires a Senator to: (1) require any eligible entity that requests an earmark submission from the Senator to include a written disclosure in that earmark request of the identity of any for-profit, private company that might directly benefit financially from the award of the earmark; and (2) submit the disclosed beneficiary identity in writing to the Committee with any corresponding earmarks request made by the Senator, and include the beneficiary disclosure in the disclosure of earmarks required to be posted on the Senator's website. Amends the Lobbying Disclosure Act of 1995 to require reports by registered lobbyists to include, for each client, the amount of congressional earmarks requested from Congress on the client's behalf and a detailed accounting of each such earmark.

A bill to provide tighter control over and additional public disclosure of earmarks.

TITLE III--RURAL HEALTH CARE IMPROVEMENTS SEC. 301. REFERENCE TO FULL MARKET BASKET INCREASE FOR SOLE COMMUNITY HOSPITALS. For provision eliminating any reduction from full market basket in the update for inpatient hospital services for sole community hospitals, see section 401. SEC. 302. ENHANCED DISPROPORTIONATE SHARE HOSPITAL (DSH) TREATMENT FOR RURAL HOSPITALS AND URBAN HOSPITALS WITH FEWER THAN 100 BEDS. (a) Blending of Payment Amounts.-- (1) In general.--Section 1886(d)(5)(F) (42 U.S.C. 1395ww(d)(5)(F)) is amended by adding at the end the following new clause: ``(xiv)(I) In the case of discharges in a fiscal year beginning on or after October 1, 2002, subject to subclause (II), there shall be substituted for the disproportionate share adjustment percentage otherwise determined under clause (iv) (other than subclause (I)) or under clause (viii), (x), (xi), (xii), or (xiii), the old blend proportion (specified under subclause (III)) of the disproportionate share adjustment percentage otherwise determined under the respective clause and 100 percent minus such old blend proportion of the disproportionate share adjustment percentage determined under clause (vii) (relating to large, urban hospitals). ``(II) Under subclause (I), the disproportionate share adjustment percentage shall not exceed 10 percent for a hospital that is not classified as a rural referral center under subparagraph (C). ``(III) For purposes of subclause (I), the old blend proportion for fiscal year 2003 is 80 percent, for each subsequent year (through 2006) is the old blend proportion under this subclause for the previous year minus 20 percentage points, and for each year beginning with 2007 is 0 percent.''. (2) Conforming amendments.--Section 1886(d)(5)(F) (42 U.S.C. 1395ww(d)(5)(F)) is amended-- (A) in each of subclauses (II), (III), (IV), (V), and (VI) of clause (iv), by inserting ``subject to clause (xiv) and'' before ``for discharges occurring''; (B) in clause (viii), by striking ``The formula'' and inserting ``Subject to clause (xiv), the formula''; and (C) in each of clauses (x), (xi), (xii), and (xiii), by striking ``For purposes'' and inserting ``Subject to clause (xiv), for purposes''. (b) Effective Date.--The amendments made by this section shall apply with respect to discharges occurring on or after October 1, 2002. SEC. 303. 2-YEAR PHASED-IN INCREASE IN THE STANDARDIZED AMOUNT IN RURAL AND SMALL URBAN AREAS TO ACHIEVE A SINGLE, UNIFORM STANDARDIZED AMOUNT. Section 1886(d)(3)(A)(iv) (42 U.S.C. 1395ww(d)(3)(A)(iv)) is amended-- (1) by striking ``(iv) For discharges'' and inserting ``(iv)(I) Subject to the succeeding provisions of this clause, for discharges''; and (2) by adding at the end the following new subclauses: ``(II) For discharges occurring during fiscal year 2003, the average standardized amount for hospitals located other than in a large urban area shall be increased by \1/2\ of the difference between the average standardized amount determined under subclause (I) for hospitals located in large urban areas for such fiscal year and such amount determined (without regard to this subclause) for other hospitals for such fiscal year. ``(III) For discharges occurring in a fiscal year beginning with fiscal year 2004, the Secretary shall compute an average standardized amount for hospitals located in any area within the United States and within each region equal to the average standardized amount computed for the previous fiscal year under this subparagraph for hospitals located in a large urban area (or, beginning with fiscal year 2005, for hospitals located in any area) increased by the applicable percentage increase under subsection (b)(3)(B)(i).''. SEC. 304. MORE FREQUENT UPDATE IN WEIGHTS USED IN HOSPITAL MARKET BASKET. (a) More Frequent Updates in Weights.--After revising the weights used in the hospital market basket under section 1886(b)(3)(B)(iii) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(iii)) to reflect the most current data available, the Secretary shall establish a frequency for revising such weights in such market basket to reflect the most current data available more frequently than once every 5 years. (b) Report.--Not later than October 1, 2003, the Secretary shall submit a report to Congress on the frequency established under subsection (a), including an explanation of the reasons for, and options considered, in determining such frequency. SEC. 305. IMPROVEMENTS TO CRITICAL ACCESS HOSPITAL PROGRAM. (a) Reinstatement of Periodic Interim Payment (PIP).--Section 1815(e)(2) (42 U.S.C. 1395g(e)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by adding ``and'' at the end of subparagraph (D); and (3) by inserting after subparagraph (D) the following new subparagraph: ``(E) inpatient critical access hospital services;''. (b) Condition for Application of Special Physician Payment Adjustment.--Section 1834(g)(2) (42 U.S.C. 1395m(g)(2)) is amended by adding after and below subparagraph (B) the following: ``The Secretary may not require, as a condition for applying subparagraph (B) with respect to a critical access hospital, that each physician providing professional services in the hospital must assign billing rights with respect to such services, except that such subparagraph shall not apply to those physicians who have not assigned such billing rights.''. (c) Flexibility in Bed Limitation for Hospitals With Strong Seasonal Census Fluctuations.--Section 1820 (42 U.S.C. 1395i-4) is amended-- (1) in subsection (c)(2)(B)(iii), by inserting ``subject to paragraph (3)'' after ``(iii) provides''; (2) by adding at the end of subsection (c) the following new paragraph: ``(3) Increase in maximum number of beds for hospitals with strong seasonal census fluctuations.-- ``(A) In general.--In the case of a hospital that demonstrates that it meets the standards established under subparagraph (B), the bed limitations otherwise applicable under paragraph (2)(B)(iii) and subsection (f) shall be increased by 5 beds. ``(B) Standards.--The Secretary shall specify standards for determining whether a critical access hospital has sufficiently strong seasonal variations in patient admissions to justify the increase in bed limitation provided under subparagraph (A).''; and (3) in subsection (f), by adding at the end the following new sentence: ``The limitations in numbers of beds under the first sentence are subject to adjustment under subsection (c)(3).''. (d) 5-Year Extension of the Authorization for Appropriations for Grant Program.--Section 1820(j) (42 U.S.C. 1395i-4(j)) is amended by striking ``through 2002'' and inserting ``through 2007''. (e) Effective Dates.-- (1) Reinstatement of pip.--The amendments made by subsection (a) shall apply to payments made on or after January 1, 2003. (2) Physician payment adjustment condition.--The amendment made by subsection (b) shall be effective as if included in the enactment of section 403(d) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 1501A- 371). (3) Flexibility in bed limitation.--The amendments made by subsection (c) shall apply to designations made on or after January 1, 2003, but shall not apply to critical access hospitals that were designated as of such date. SEC. 306. EXTENSION OF TEMPORARY INCREASE FOR HOME HEALTH SERVICES FURNISHED IN A RURAL AREA. (a) In General.--Section 508(a) BIPA (114 Stat. 2763A-533) is amended-- (1) by striking ``24-Month Increase Beginning April 1, 2001'' and inserting ``In General''; and (2) by striking ``April 1, 2003'' and inserting ``January 1, 2005''. (b) Conforming Amendment.--Section 547(c)(2) of BIPA (114 Stat. 2763A-553) is amended by striking ``the period beginning on April 1, 2001, and ending on September 30, 2002,'' and inserting ``a period under such section''. SEC. 307. REFERENCE TO 10 PERCENT INCREASE IN PAYMENT FOR HOSPICE CARE FURNISHED IN A FRONTIER AREA AND RURAL HOSPICE DEMONSTRATION PROJECT. For-- (1) provision of 10 percent increase in payment for hospice care furnished in a frontier area, see section 422; and (2) provision of a rural hospice demonstration project, see section 423. SEC. 308. REFERENCE TO PRIORITY FOR HOSPITALS LOCATED IN RURAL OR SMALL URBAN AREAS IN REDISTRIBUTION OF UNUSED GRADUATE MEDICAL EDUCATION RESIDENCIES. For provision providing priority for hospitals located in rural or small urban areas in redistribution of unused graduate medical education residencies, see section 612. SEC. 309. GAO STUDY OF GEOGRAPHIC DIFFERENCES IN PAYMENTS FOR PHYSICIANS' SERVICES. (a) Study.--The Comptroller General of the United States shall conduct a study of differences in payment amounts under the physician fee schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for physicians' services in different geographic areas. Such study shall include-- (1) an assessment of the validity of the geographic adjustment factors used for each component of the fee schedule; (2) an evaluation of the measures used for such adjustment, including the frequency of revisions; and (3) an evaluation of the methods used to determine professional liability insurance costs used in computing the malpractice component, including a review of increases in professional liability insurance premiums and variation in such increases by State and physician specialty and methods used to update the geographic cost of practice index and relative weights for the malpractice component. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a). The report shall include recommendations regarding the use of more current data in computing geographic cost of practice indices as well as the use of data directly representative of physicians' costs (rather than proxy measures of such costs). SEC. 310. PROVIDING SAFE HARBOR FOR CERTAIN COLLABORATIVE EFFORTS THAT BENEFIT MEDICALLY UNDERSERVED POPULATIONS. (a) In General.--Section 1128B(b)(3) (42 U.S.C. 1320a-7(b)(3)) is amended-- (1) in subparagraph (E), by striking ``and'' after the semicolon at the end; (2) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) any remuneration between a public or nonprofit private health center entity described under clause (i) or (ii) of section 1905(l)(2)(B) and any individual or entity providing goods, items, services, donations or loans, or a combination thereof, to such health center entity pursuant to a contract, lease, grant, loan, or other agreement, if such agreement contributes to the ability of the health center entity to maintain or increase the availability, or enhance the quality, of services provided to a medically underserved population served by the health center entity.''. (b) Rulemaking for Exception for Health Center Entity Arrangements.-- (1) Establishment.-- (A) In general.--The Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') shall establish, on an expedited basis, standards relating to the exception described in section 1128B(b)(3)(G) of the Social Security Act, as added by subsection (a), for health center entity arrangements to the antikickback penalties. (B) Factors to consider.--The Secretary shall consider the following factors, among others, in establishing standards relating to the exception for health center entity arrangements under subparagraph (A): (i) Whether the arrangement between the health center entity and the other party results in savings of Federal grant funds or increased revenues to the health center entity. (ii) Whether the arrangement between the health center entity and the other party expands or enhances a patient's freedom of choice. (iii) Whether the arrangement between the health center entity and the other party protects a health care professional's independent medical judgment regarding medically appropriate treatment. The Secretary may also include other standards and criteria that are consistent with the intent of Congress in enacting the exception established under this section. (2) Interim final effect.--No later than 180 days after the date of enactment of this Act, the Secretary shall publish a rule in the Federal Register consistent with the factors under paragraph (1)(B). Such rule shall be effective and final immediately on an interim basis, subject to such change and revision, after public notice and opportunity (for a period of not more than 60 days) for public comment, as is consistent with this subsection.

Title III: Rural Health Care Improvements (sic) - Amends title XVIII (Medicare) of the Social Security Act to provide that, starting for discharges on or after October 1, 2002, hospitals (other than urban hospitals with 100 or more beds or certain public hospitals) will receive payments based on a blend of their current disproportionate share (DSH) adjustment and the current DSH adjustment for large urban hospitals. Limits such new DSH adjustment to ten percent for any hospital that is not classified as a rural referral center.(Sec. 303) Provides that for discharges occurring: (1) during FY 2003, the average standardized amount for hospitals located other than in a large urban area shall be increased by half the difference between the average standardized amount for hospitals located in large urban areas for such fiscal year, and such amount determined for other hospitals for such fiscal year; and (2) during FY 2004 and afterwards, the Secretary shall compute one standardized amount for all hospitals increased by the applicable percentage increase, and use this amount to pay all hospitals.(Sec. 304) Directs the Secretary of Health and Human Services, after revising the market basket cost weights to reflect the most current data available, to establish a frequency for revising such weights to reflect the most current data available more frequently than once every five years.(Sec. 305) Revises the critical access hospital (CAH) program to: (1) reinstate payments made on a periodic interim payment basis for inpatient services starting with payments made on or after January 1, 2003; (2) prohibit the Secretary from requiring as a condition for applying the special physician payment adjustment with respect to a CAH, that each physician providing professional services in the hospital must assign billing rights with respect to such services; (3) direct the Secretary to specify standards for determining whether a CAH has sufficiently strong seasonal variations in patient admissions to justify a five bed increase in the number of inpatient acute beds it can maintain and still retain its classification as a CAH; and (4) extend the authorization of appropriations for the Medicare rural hospital flexibility program through FY 2007.Prohibits the Secretary from recouping (or otherwise seeking to recover) overpayments made for outpatient critical access hospital services under Medicare part B for services furnished in cost reporting periods that began before October 1, 2002, insofar as such overpayments are attributable to payment being based on 80 percent of reasonable costs (instead of 100 percent of reasonable costs minus 20 percent of charges).(Sec. 306) Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (BIPA) to extend through December 31, 2004, the ten percent additional payment for home health care furnished to beneficiaries residing in rural areas.(Sec. 309) Directs the Comptroller General to study and report to Congress on differences in payment amounts under the physician fee schedule for physicians' services in different geographic areas.(Sec. 310) Amends SSA title XI to provide that any remuneration in the form of a contract, lease, grant, loan, or other agreement between a public or non-profit private health center and any individual or entity providing goods or services to the health center is not a violation of the anti-kickback statute if such agreement contributes to the ability of the health center to maintain or increase the availability or quality of services provided to a medically underserved population served by the health center.

To amend title XVIII of the Social Security Act to make rural health care improvements under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Families Flexibility Act of 1996''. SEC. 2. COMPENSATORY TIME. Subsection (o) of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended-- (1) by striking paragraphs (1) through (5) and inserting the following: ``(1) An employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section. ``(2) An employer may provide compensatory time under paragraph (1) only-- ``(A) pursuant to-- ``(i) applicable provisions of a collective bargaining agreement, memorandum of understanding, or any other agreement between the employer and representatives of such employees, or ``(ii) in the case of employees who are not represented by a collective bargaining agent or other representative designated by the employee, an agreement or understanding arrived at between the employer and employee before the performance of the work if such agreement or understanding was entered into knowingly and voluntarily by such employee; ``(B) in the case of an employee who is not an employee of a public agency, if such employee has affirmed, in a written or otherwise verifiable statement that is made, kept, and preserved in accordance with section 11(c), that the employee has chosen to receive compensatory time in lieu of overtime compensation; and ``(C) if the employee has not accrued compensatory time in excess of the limit applicable to the employee prescribed by paragraph (4) or (5). In the case of employees described in subparagraph (A)(ii) who are employees of a public agency and who were hired before April 15, 1986, the regular practice in effect on such date with respect to compensatory time off for such employees in lieu of the receipt of overtime compensation, shall constitute an agreement or understanding described in such subparagraph. Except as provided in the preceding sentence, the provision of compensatory time off to employees of a public agency for hours worked after April 14, 1986, shall be in accordance with this subsection. An employer may provide compensatory time under paragraph (1) to an employee who is not an employee of a public agency only if such agreement or understanding was not a condition of employment. ``(3) An employer which is not a public agency and which provides compensatory time under paragraph (1) to employees shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of-- ``(A) interfering with such employee's rights under this subsection to request or not request compensatory time off in lieu of payment of overtime compensation for overtime hours; or ``(B) requiring any employee to use such compensatory time. ``(4)(A) An employee, who is not an employee of a public agency, may accrue not more than 240 hours of compensatory time. ``(B)(i) Not later than January 31 of each calendar year, the employee's employer shall provide monetary compensation for any compensatory time off accrued during the preceding calendar year which was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer's employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12-month period. ``(ii) The employer may provide monetary compensation for an employee's unused compensatory time in excess of 80 hours at any time after giving the employee at least 30 days notice. Such compensation shall be provided at the rate prescribed by paragraph (6). ``(iii) An employer which has adopted a policy offering compensatory time to employees may discontinue such policy upon giving employees 30 days notice. An employee who is not an employee of a public agency may withdraw an agreement or understanding described in paragraph (2)(A)(ii) at any time. ``(C) An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued which has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6). ``(5)(A) If the work of an employee of a public agency for which compensatory time may be provided included work in a public safety activity, an emergency response activity, or a seasonal activity, the employee engaged in such work may accrue not more than 480 hours of compensatory time for hours worked after April 15, 1986. If such work was any other work, the employee engaged in such work may accrue not more than 240 hours of compensatory time for hours worked after April 15, 1986. Any such employee who, after April 15, 1986, has accrued 480 or 240 hours, as the case may be, of compensatory time off shall, for additional overtime hours of work, be paid overtime compensation. ``(B) If compensation is paid to an employee described in subparagraph (A) for accrued compensatory time off, such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment. ``(6)(A) An employee of an employer which is not a public agency who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time at a rate of compensation not less than-- ``(i) the average regular rate received by such employee during the period during which the compensatory time was accrued, or ``(ii) the final regular rate received by such employee, whichever is higher. ``(B) An employee of an employer which is a public agency who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time at a rate of compensation not less than-- ``(i) the average regular rate received by such employee during the last 3 years of the employee's employment, or ``(ii) the final regular rate received by such employee, whichever is higher. ``(C) Any payment owed to an employee under this subsection for unused compensatory time shall be considered unpaid overtime compensation. ``(7) An employee-- ``(A) who has accrued compensatory time off authorized to be provided under paragraph (1), and ``(B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer.''; and (2) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively. SEC. 3. REMEDIES. Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (b), by striking ``(b) Any employer'' and inserting ``(b) Except as provided in subsection (f), any employer''; and (2) by adding at the end the following: ``(f) An employer which is not a public agency and which violates section 7(o)(3) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(o)(6)(A)) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.''. SEC. 4. NOTICE TO EMPLOYEES. Not later than 30 days after the date of the enactment of this Act, the Secretary of Labor shall revise the materials the Secretary provides, under regulations published at 29 C.F.R. 516.4, to employers for purposes of a notice explaining the Fair Labor Standards Act of 1938 to employees so that such notice reflects the amendments made to such Act by this Act. Passed the House of Representatives July 30, 1996. Attest: ROBIN H. CARLE, Clerk.

Working Families Flexibility Act of 1996 - Amends the Fair Labor Standards Act of 1938 (FLSA) to provide for compensatory time for all employees. Allows an employee to receive, in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act. Allows an employer to provide such compensatory time only: (1) pursuant to an agreement with employee representatives, or, where there are no designated representatives, with the employee if such agreement was entered into knowingly and voluntarily; (2) if a private employee has affirmed, in a verifiable statement, the choice of receiving compensatory time in lieu of overtime pay; and (3) if the employee has not accrued compensatory time in excess of applicable limits. Sets forth special rules relating to public employees. Prohibits employer coercion of employees for the purpose of: (1) interfering with their right to choose whether to request compensatory time off in lieu of overtime pay; or (2) requiring them to use compensatory time. Limits to not more than 240 hours the amount of compensatory time an employee may accrue (with specified exceptions for public agency employees). Requires payment of compensation at the prescribed regular rate for: (1) compensatory time accrued but not used in a calendar year or other designated 12-month period; and (2) unused compensatory time upon termination of employment. Allows an employer to provide monetary compensation at any time after giving the employee at least 30 days notice, at the prescribed regular rate, for an employee's unused compensatory time in excess of 80 hours. Allows an employee to request in writing that monetary compensation be provided at the prescribed regular rate, at any time, for all compensatory time accrued and not yet used. Requires employers to permit employees to use compensatory time within a reasonable period after employees request its use, if such use does not unduly disrupt employers' operations. Makes private employers who violate specified provisions of this Act liable to the employee affected in the amount of the rate of compensation for each hour of compensatory time accrued by the employee, and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee. Directs the Secretary of Labor to revise materials provided to employers for notices explaining FLSA to employees to reflect amendments made by this Act.

Working Families Flexibility Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forest Good Neighbor Act of 2017''. SEC. 2. GOOD NEIGHBOR AUTHORITY. (a) In General.--The Cooperative Forestry Assistance Act of 1978 is amended-- (1) by redesignating section 19 (16 U.S.C. 2113) as section 18; and (2) by inserting after section 18 (as so redesignated) the following: ``SEC. 19. GOOD NEIGHBOR AUTHORITY. ``(a) Definitions.--In this section: ``(1) Authorized restoration services.--The term `authorized restoration services' means similar and complementary forest, rangeland, and watershed restoration services carried out-- ``(A) on National Forest System land, except-- ``(i) a component of the National Wilderness Preservation System; ``(ii) Federal land on which the removal of vegetation is prohibited or restricted by a law of Congress or a Presidential proclamation (including the applicable implementation plan); or ``(iii) a wilderness study area; and ``(B) by the Secretary or a Governor pursuant to a good neighbor agreement. ``(2) Forest, rangeland, and watershed restoration services.-- ``(A) In general.--The term `forest, rangeland, and watershed restoration services' means-- ``(i) an activity to treat insect- or disease-infected trees; ``(ii) an activity to reduce hazardous fuels; and ``(iii) any other activity to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. ``(B) Exclusions.--The term `forest, rangeland, and watershed restoration services' does not include-- ``(i) the construction, reconstruction, repair, or restoration of a paved or permanent road or parking area; or ``(ii) the construction, alteration, repair, or replacement of a public building or work. ``(3) Good neighbor agreement.--The term `good neighbor agreement' means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and a Governor to carry out authorized restoration services under this section. ``(4) Governor.--The term `Governor' means the Governor or any other appropriate executive official of a State. ``(5) Road.--The term `road' has the meaning given the term in section 212.1 of title 36, Code of Federal Regulations (as in effect on the date of enactment of the National Forest Good Neighbor Act of 2017). ``(6) State.--The term `State' means-- ``(A) a State; and ``(B) the Commonwealth of Puerto Rico. ``(b) Good Neighbor Agreements.-- ``(1) Authority.-- ``(A) In general.--The Secretary may enter into a good neighbor agreement with a Governor to carry out authorized restoration services in accordance with this section. ``(B) Public availability.--The Secretary shall make each good neighbor agreement available to the public. ``(2) Timber sales.-- ``(A) In general.--Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to authorized restoration services. ``(B) Approval of silviculture prescriptions and marking guides.--The Secretary shall provide or approve all silviculture prescriptions and marking guides to be applied on National Forest System land described in subsection (a)(1)(A) in any timber sale project conducted under this section. ``(3) Retention of responsibilities.--Any decision required to be made by the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any authorized restoration services shall not be delegated to a Governor.''. (b) Conforming Amendments.-- (1) Section 2A(c)(1) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a(c)(1)) is amended by striking ``section 19(b)'' and inserting ``section 18(b)''. (2) Section 7(e) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c(e)) is amended in the first sentence by striking ``section 19(b)'' and inserting ``section 18(b)''. (3) Section 13A(b) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109a(b)) is amended by striking ``section 19(a)'' and inserting ``section 18(a)''.

National Forest Good Neighbor Act of 2017 This bill amends the Cooperative Forestry Assistance Act of 1978 to authorize the Department of Agriculture (USDA) to enter into good neighbor agreements with states to carry out specified similar and complementary forest, rangeland, and watershed restoration services on certain National Forest System (NFS) lands. The bill makes requirements under the National Forest Management Act of 1976 regarding the advertisement of timber sales on NFS lands and the designation and supervision of the harvesting of trees, portions of trees, or forest products on NFS lands inapplicable to the restoration services authorized by this bill. USDA shall provide or approve all silviculture prescriptions and marking guides to be applied on NSF land in any timber sales project conducted pursuant to this bill. Any decision required to be made by USDA under the National Environmental Policy Act of 1969 concerning any such services shall not be delegated to any state.

National Forest Good Neighbor Act of 2017

SECTION 1. CANYON FERRY RESERVOIR, MONTANA. (a) Definition of Individual Property Purchaser.--Section 1003 of title X of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-711) is amended-- (1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; and (2) by inserting after paragraph (3) the following: ``(4) Individual property purchaser.--The term `individual property purchaser', with respect to an individual cabin site described in section 1004(b), means a person (including CFRA or a lessee) that purchases that cabin site. (b) Sale of Properties.--Section 1004 of title X of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, is amended-- (1) in subsection (c)(2) (112 Stat. 2681-713)-- (A) by redesignating subparagraph (B) as subparagraph (C); and (B) by inserting after subparagraph (A) the following: ``(B) Appraisal.-- ``(i) Applicabiity.--In carrying out this paragraph, the requirements of this subparagraph shall apply to the greatest extent practicable and consistent with the Uniform Appraisal Standards for Federal Land Acquisition. ``(ii) Use of earlier appraisal.--The appraisal under subparagraph (A) shall use the Canyon Ferry Cabin Site appraisal with a completion date of March 29, 1999, and amended June 11, 1999, with an effective date of valuation of October 15, 1998, for the Bureau of Reclamation, on the conditions stated in this subparagraph. ``(iii) Modifications.--The contract appraisers that conducted the original appraisal having an effective date of valuation of October 15, 1998, for the Bureau of Reclamation shall make appropriate modifications to permit recalculation of the lot values established in the original appraisal into an updated appraisal, the function of which shall be to provide market values for the sale of each of the 265 Canyon Ferry Cabin site lots. ``(iv) Changes in property characteristics.--If there are any changes in the characteristic of a property that form part of the basis of the updated appraisal (including a change in size, easement considerations, or updated analyses of the physical characteristics of a lot), the contract appraisers shall make an appropriate adjustment to the updated appraisal. ``(v) Updating.--Subject to the approval of CFRA and the Secretary, the fair market values established by the appraisers under this paragraph may be further updated periodically by the contract appraisers through appropriate market analyses. ``(vi) Reconsideration.--The Bureau of Reclamation and the 265 Canyon Ferry cabin owners have the right to seek reconsideration, before commencement of the updated appraisal, of the assumptions that the appraisers used in arriving at the fair market values derived in the original appraisal. ``(vii) Continuing validity.--The October 15, 1998, Canyon Ferry Cabin Site original appraisal, as provided for in this paragraph, shall remain valid for use by the Bureau of Reclamation in the sale process for a period of not less than 3 years from the date of completion of the updated appraisal, to the extent consistent with the Uniform Appraisal Standards for Federal Land Acquisition.''; (2) in subsection (d) (112 Stat. 2681-713)-- (A) in paragraph (1)(D), by adding at the end the following: ``(iii) Remaining leases.-- ``(I) Continuation of leases.--The remaining lessees shall have a right to continue leasing through August 31, 2014. ``(II) Right to close.--The remaining lessees shall have the right to close under the terms of the sale at any time before August 31, 2014. On termination of the lease either by expiration under the terms of the lease or by violation of the terms of the lease, all personal property and improvements will be removed, and the cabin site shall remain in Federal ownership.''; and (B) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by inserting ``or if no one (including CFRA) bids,'' after ``bid''; and (ii) in subparagraph (D)-- (I) by striking ``12 months'' and inserting ``36 months''; and (II) by adding at the end the following: ``If the requirement of the preceding sentence is not met, CFRA may close on all remaining cabin sites or up to the 75 percent requirement. If CFRA does not exercise either such option, the Secretary shall conduct another sale for the remaining cabin sites to close immediately, with proceeds distributed in accordance with section 1008.''; (3) by striking subsection (e) (112 Stat. 2681-714) and inserting the following: ``(e) Administrative Costs.-- ``(1) Allocation of funding.--The Secretary shall allocate all funding necessary to conduct the sales process for the sale of property under this title. ``(2) Reimbursement.--Any reasonable administrative costs incurred by the Secretary (including the costs of survey and appraisals incident to the conveyance under subsection (a)) shall be proportionately reimbursed by the property owner at the time of closing.''; and (4) by striking subsection (f) (112 Stat. 2681-714) and inserting the following: ``(f) Timing.--The Secretary shall-- ``(1) immediately begin preparing for the sales process on enactment of this Act; and ``(2) not later than 1 year after the date of enactment of this Act, and in accordance with all applicable laws, begin conveying the property described in subsection (b).''. (c) Montana Fish and Wildlife Conservation Trust.--Section 1007(b) of title X of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-715), is amended-- (1) in subsection (c)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``trust manager'' and inserting ``trust manager (referred to in this section as the `trust manager')''; (B) in paragraph (2)(A), in the matter preceding clause (i), by striking ``agency Board'' and inserting ``Agency Board (referred to in this section as the `Joint State-Federal Agency Board')''; and (C) in paragraph (3)(A), by striking ``Advisory Board'' and inserting ``Advisory Board (referred to in this section as the `Citizen Advisory Board')''; and (2) by adding at the end the following: ``(f) Recreation Trust Agreement.-- ``(1) In general.--The Trust, acting through the trust manager, in consultation with the Joint State-Federal Agency Board and the Citizen Advisory Board, shall enter into a legally enforceable agreement with CFRA (referred to in this section as the `Recreation Trust Agreement'). ``(2) Contents.--The Recreation Trust Agreement shall provide that-- ``(A) on receipt of proceeds of the sale of a property under section 1004, the Trust shall loan up to $3,000,000 of the proceeds to CFRA; ``(B) CFRA shall deposit all funds borrowed under subparagraph (A) in the Canyon Ferry-Broadwater County Trust; ``(C) CFRA and the individual purchasers shall repay the principal of the loan to the Trust as soon as reasonably practicable in accordance with a repayment schedule specified in the loan agreement; and ``(D) until such time as the principal is repaid in full, CFRA and the individual purchasers shall make an annual interest payment on the outstanding principal of the loan to the Trust at an interest rate determined in accordance with paragraph (4)(C). ``(3) Treatment of interest payments.--All interest payments received by the Trust under paragraph (2)(D) shall be treated as earnings under subsection (d)(2). ``(4) Fiduciary responsibility.--In negotiating the Recreation Trust Agreement, the trust manager shall act in the best interests of the Trust to ensure-- ``(A) the security of the loan; ``(B) timely repayment of the principal; and ``(C) payment of a fair interest rate, of not less than 6 nor more than 8 percent per year, based on the length of the term of a loan that is comparable to the term of a traditional home mortgage. ``(g) Restriction on Disbursement.--Except as provided in subsection (f), the trust manager shall not disburse any funds from the Trust until August 1, 2001, as provided for in the Recreation Trust Agreement, unless Broadwater County, at an earlier date, certifies that the Canyon Ferry-Broadwater County Trust has been fully funded in accordance with this title. ``(h) Condition to Sale.--No closing of property under section 1004 shall be made until the Recreation Trust Agreement is entered into under subsection (f)''. (d) Canyon Ferry-Broadwater County Trust.--Section 1008(b) of title X of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-718), is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) Agreement.-- ``(A) Condition to sale.--No closing of property under section 1004 shall be made until CFRA and Broadwater County enter into a legally enforceable agreement (referred to in this paragraph as the `Contributions Agreement') concerning contributions to the Trust. ``(B) Contents.--The Contributions Agreement shall require that on or before August 1, 2001, CFRA shall ensure that $3,000,000 in value is deposited in the Canyon Ferry-Broadwater County Trust from 1 or more of the following sources: ``(i) Direct contributions made by the purchasers on the sale of each cabin site. ``(ii) Annual contributions made by the purchasers. ``(iii) All other monetary contributions. ``(iv) In-kind contributions, subject to the approval of the County. ``(v) All funds borrowed by CFRA under section 1007(f). ``(vi) Assessments made against the cabin sites made under a county park district or any similar form of local government under the laws of the State of Montana. ``(vii) Any other contribution, subject to the approval of the County.''; (2) striking paragraph (3); (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following: ``(2) Alternative funding source.--If CFRA agrees to form a county park district under section 7-16-2401 et seq., of the Montana Code Annotated, or any other similar form of local government under the laws of the State of Montana, for the purpose of providing funding for the Trust pursuant to the Contributions Agreement, CFRA and Broadwater County may amend the Contributions Agreement as appropriate, so long as the monetary obligations of individual property purchases under the Contributions Agreement as amended are substantially similar to those specified in paragraph (1).''. (e) Technical Corrections.--Title X of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 is amended-- (1) in section 1001 (112 Stat. 2681-710), by striking ``section 4(b)'' and inserting ``section 1004(b)''; (2) in section 1003 (112 Stat. 2681-711)-- (A) in paragraph (1), by striking ``section 8'' and inserting ``section 1008''; (B) in paragraph (6), by striking ``section 7'' and inserting ``section 1007''; (C) in paragraph (8)-- (i) in subparagraph (A), by striking ``section 4(b)'' and inserting ``1004(b)''; and (ii) in subparagraph (B), by striking ``section 4(b)(1)(B)'' and inserting ``section 1004(b)(1)(B)''; and (D) in paragraph (9), by striking ``section 4'' and inserting ``section 104''; and (3) in section 1004 (112 Stat. 2681-712)-- (A) in subsection (b)(3)(B)(ii)(II), by striking ``section 4(a)'' and inserting ``section 1004(a)''; and (B) in subsection (d)(2)(G), by striking ``section 6'' and inserting ``section 1006''.

Requires the appraisal of properties under such provisions to use the Canyon Ferry Cabin Site appraisal with a completion date of March 29, 1999, and amended June 11, 1999, with an effective date of valuation of October 15, 1998, for the Bureau. Directs the contract appraisers that conducted the original appraisal having such effective date of valuation to make modifications to permit recalculation of the lot values established in the original appraisal into an updated appraisal, the function of which shall be to provide market values for the sale of each of the 265 Canyon Ferry Cabin Site lots. Provides for adjustments to the updated appraisal based on changes in property characteristics. Authorizes periodic updates of the fair market values through appropriate market analyses, subject to the approval of the Canyon Ferry Recreation Association (CFRA) and the Secretary of the Interior. Grants the Bureau and the 265 Canyon Ferry cabin owners the right to seek reconsideration, before commencement of the updated appraisal, of the assumptions used by the appraisers in arriving at the fair market values derived in the original appraisal. Requires the original appraisal to remain valid for use by the Bureau in the sale process for a period of at least three years from the date of completion of the updated appraisal to the extent consistent with the Uniform Appraisal Standards for Federal Land Acquisition. Grants nonpurchasing lessees the right to continue leasing through August 31, 2014. Permits such lessees to close under the terms of the sale at any time before such date. Removes all personal property and improvements, on termination of the lease either by expiration or by violation of lease terms, and requires the cabin site to remain in Federal ownership. Requires the Secretary to close on the property and prepare all other properties for closing within 45 days if no one (including CFRA) bids for a property. Directs CFRA and the lessees to purchase at least 75 percent of the properties not later than August 1 of the year that begins at least 36 months (currently, 12 months) after title to the first property is conveyed by the Secretary to a lessee. Requires the Secretary to allocate all funding necessary to conduct the sales process for the sale of property under the Act. Directs the Secretary to begin: (1) preparing for the sales process on enactment of the Act; and (2) conveying the property not later than one year after the Act's enactment. Requires the Montana Fish and Wildlife Conservation Trust, acting through the trust manager, to enter into a legally enforceable Recreation Trust Agreement with CFRA. Requires the Agreement to provide that: (1) the Trust shall loan up to $3 million of a property's sale proceeds to CFRA; (2) CFRA shall deposit such borrowed funds in the Canyon Ferry-Broadwater County Trust; (3) CFRA and the individual purchasers shall repay loan principal to the Trust as soon as practicable in accordance with a loan agreement repayment schedule; and (4) CFRA and the purchasers shall make an annual interest payment (at a rate between six and eight percent) on the outstanding loan principal. Prohibits the trust manager, except as otherwise provided, from disbursing any Trust funds until August 1, 2001, unless Broadwater County, at an earlier date, certifies that the Canyon Ferry-Broadwater County Trust has been fully funded. Bars any closing of property until the Recreation Trust Agreement is entered into. Prohibits any closing of property until CFRA and Broadwater County enter into a legally enforceable agreement concerning contributions to the Trust. Provides that such agreement shall require that CFRA ensure that $3 million is deposited in the Canyon Ferry- Broadwater County Trust by August 1, 2001. (Current law prohibits any sale of property before such amount is deposited as the initial corpus of such trust.)

A bill to amend title X of divisio C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1998, relating to the Canyon Ferry Reservoir, Montana.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Railcar Enhancement Act of 2010''. SEC. 2. CREDIT FOR FREIGHT RAILCAR REPLACEMENT OR MODERNIZATION. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45R. FREIGHT RAILCAR REPLACEMENT OR MODERNIZATION CREDIT. ``(a) General Rule.--For purposes of section 38, the freight railcar replacement or modernization credit determined under this section for the taxable year is an amount equal to 25 percent of the sum of-- ``(1) the basis of any qualified freight railcar placed in service by the taxpayer during the taxable year, plus ``(2) the qualified freight railcar rebuild expenditures of the taxpayer for the taxable year. ``(b) Qualified Freight Railcar.-- ``(1) In general.--For purposes of this section, the term `qualified freight railcar' means a freight railcar which-- ``(A) is acquired or rebuilt by the taxpayer pursuant to a binding agreement entered into after the date of the enactment of this section, and ``(B) meets the capacity or fuel efficiency improvement requirements of paragraph (2). ``(2) Capacity or fuel efficiency requirements.-- ``(A) In general.--A freight railcar shall be treated as meeting the capacity or fuel efficiency requirements of this paragraph if-- ``(i) in the case of a freight railcar which is acquired by the taxpayer during the taxable year (`replacement railcar'), the taxpayer identifies another railcar (although not necessarily one being used for an identical purpose) which the taxpayer certifies-- ``(I) was removed permanently from service as a freight railcar during the taxable year, or ``(II) is being rebuilt in such a manner as to achieve a significant improvement in capacity or fuel efficiency, or ``(ii) in the case of a freight railcar rebuilt by the taxpayer, such rebuilding results in a significant improvement in capacity or fuel efficiency. ``(B) Ownership not required.--For purposes of subparagraph (A)(i), such other railcar may be one owned by the taxpayer or one owned by another taxpayer, so long as there exists a binding agreement to so remove or rebuild the railcar. ``(C) Significant improvement.--For purposes of subparagraph (A), an improvement in capacity or fuel efficiency with respect to a freight railcar shall be treated as significant if such capacity or fuel efficiency, as the case may be, is increased by at least 8 percent. ``(c) Qualified Freight Railcar Rebuild Expenditure.--For purposes of this section, the term `qualified freight railcar rebuild expenditure' means any amount paid or incurred-- ``(1) in connection with the modification of a freight railcar resulting in such railcar being a qualified freight railcar, and ``(2) which is properly chargeable to a capital account with respect to such freight railcar. ``(d) Other Special Rules.-- ``(1) Coordination with other credits.--Any amount taken into account in determining the credit under this section may not be taken into account in determining a credit under any other provision of this title. ``(2) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under subsection (a) with respect to any qualified freight railcar, the basis of such railcar shall be reduced by the amount of the credit so allowed. ``(3) Sale-leaseback.--For purposes of subsection (a)(1), if any qualified freight railcar is-- ``(A) originally placed in service by a person after [the date of the enactment of this section], and ``(B) sold and leased back by such person within 3 months after the railcars are originally placed in service (or, in the case of more than 1 railcar subject to the same lease, within 3 months after the date the final railcar is placed in service, so long as the period between the time the first railcar is placed in service and the time the last railcar is placed in service does not exceed 12 months), such railcars shall be treated as originally placed in service not earlier than the date on which such railcars are used under the leaseback referred to in subparagraph (B). ``(4) Syndication.--For purposes of subsection (a)(1), if-- ``(A) any qualified freight railcar is originally placed in service after the date of enactment of this section by the lessor of such railcar, ``(B) such railcar is sold by such lessor or any subsequent purchaser within 3 months after the date such railcar was originally placed in service (or, in the case of more than 1 railcar subject to the same lease, within 3 months after the date the final railcar is placed in service and the time the last railcar is placed in service does not exceed 12 months), and ``(C) the user of such railcar after the last sale during such 3-month period remains the same as when such railcar was originally placed in service, such railcars shall be treated as originally placed in service not earlier than the date of such last sale. ``(5) Recapture.--The benefit of any credit allowable under subsection (a) shall, under regulations prescribed by the Secretary, be recaptured with respect to any qualified freight railcar that is sold or otherwise disposed of by the taxpayer during the 5-year period beginning on the date on which such railcar is originally placed in service. The preceding sentence shall not apply to a qualified freight railcar that is sold by and subsequently leased back to the taxpayer. ``(6) Reporting requirements.--The Secretary, in consultation with the Surface Transportation Board, may develop appropriate reporting requirements for taxpayers utilizing this credit. ``(e) Termination.--This section shall not apply to any freight railcars acquired, or with respect to which at least 50 percent of the rebuilding is completed, after December 31, 2011.''. (b) Credit Allowed as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'' and by adding at the end the following new paragraph: ``(36) the freight railcar replacement or modernization credit determined under section 45R.''. (c) Coordination With Section 55.--Section 38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (vii), by striking the period at the end of clause (viii) and inserting ``, and'' and by adding at the end the following new clause: ``(ix) the credit determined under section 45R.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45Q the following new item: ``Sec. 45R. Freight railcar replacement or modernization credit.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service, and amounts paid or incurred, after December 31, 2009.

Green Railcar Enhancement Act of 2010 - Amends the Internal Revenue Code to allow, through 2011, a new business-related tax credit for 25% of the cost of acquiring or rebuilding freight railcars which achieve an increase in capacity or fuel efficiency of at least 8%.

To amend the Internal Revenue Code of 1986 to provide an incentive to encourage the replacement of inefficient, outdated freight railcars with greener, more fuel efficient vehicles.

SECTION 1. ESTABLISHMENT OF AFGHANISTAN-PAKISTAN STUDY GROUP. (a) Establishment.--There is established in the legislative branch the Afghanistan-Pakistan Study Group (in this Act referred to as the ``Group''). (b) Sense of Congress.--It is the sense of Congress that, to the maximum extent practicable, the Group should be modeled on the Iraq Study Group. SEC. 2. COMPOSITION OF GROUP. (a) Members.--The Group shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President, who shall serve as a co-chair of the Group; (2) 1 member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the Republican Party, in consultation with the leader of the House of Representatives (majority or minority leader, as the case may be) of the Republican Party, who shall serve as a co-chair of the Group; (3) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party; (4) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party; (5) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and (6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party. (b) Qualifications; Other Membership Requirements.-- (1) Political party affiliation.--Not more than 5 members of the Group shall be from the same political party. An individual appointed to the Group may not be a full-time officer or employee of the Federal Government. (2) Sense of congress.--It is the sense of Congress that individuals appointed to the Group should be prominent United States citizens, with national recognition and significant depth of experience in such professions as diplomacy, the armed services, governmental service, law, intelligence gathering, and foreign affairs. (c) Deadline for Appointment.--All members of the Group shall be appointed not later than 30 days after the date of the enactment of this Act. (d) Vacancies.--Any vacancy in the Group shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (e) Compensation.-- (1) Prohibition on basic pay.--Members of the Group shall serve without pay in connection with their service for the Group. (2) Travel expenses.--While away from their homes or regular places of business in the performance of services for the Group, members of the Group shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (f) Initial Meeting.--The Group shall meet and begin the operations of the Group as soon as practicable after the date of the enactment of this Act. (g) Quorum.--After its initial meeting, the Group shall meet upon the call of the co-chairs of the Group or a majority of the members of the Group. Six members of the Group shall constitute a quorum. SEC. 3. DUTIES. (a) In General.--The Group shall conduct a forward-looking, independent assessment of the current and prospective situation on the ground in Afghanistan and Pakistan, its impact on the surrounding region, and its consequences for United States interests. The Group shall examine four broad topic areas to include the strategic environment in and around Afghanistan and Pakistan, as well as security, political, and economic and reconstruction developments in those two countries. (b) Report.--Not later than 120 days after the date of the enactment of this Act, the Group shall submit to the President and Congress a report on the assessment conducted under this subsection, including relevant policy recommendations relating thereto. SEC. 4. POWERS OF GROUP. (a) Rules of Procedure.--The Group may establish rules for the conduct of the Group's business, if such rules are not inconsistent with this Act or other applicable law. (b) Hearings and Evidence.--The Group or, on the authority of the Group, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (1) hold such hearings and sit and act at such times and places, take such testimony, and receive such evidence; and (2) require the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Group or such designated subcommittee or designated member may determine advisable. (c) Contracting.--The Group may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Group to discharge its duties under this Act. (d) Information From Federal Agencies.-- (1) In general.--The Group is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Group, upon request made by the co-chairs, the chairman of any subcommittee created by a majority of the Group, or any member designated by a majority of the Group. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Group and its staff consistent with all applicable statutes, regulations, and Executive orders. (e) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Group on a reimbursable basis administrative support and other services for the performance of the Group's duties. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Group such services, funds, facilities, and other support services as they may determine advisable and as may be authorized by law. (f) Gifts.--The Group may accept, use, and dispose of gifts or donations of services or property for the purpose of facilitating the work of the Group. (g) Postal Services.--The Group may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 5. STAFF OF GROUP. (a) Appointment and Compensation.--The co-chairs, in accordance with rules agreed upon by the Group, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Group to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and 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, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Prohibition on Personnel as Federal Employees.--The positions of staff director and other personnel of the Group described in subsection (a) may not be filled by individuals who are Federal Government employees. (c) Expert and Consultant Services.--The Group is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to 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. (d) Volunteer Services.--Notwithstanding section 1342 of title 31, United States Code, the Group may accept and use voluntary and uncompensated services as the Group determines necessary. SEC. 6. TERMINATION. (a) In General.--The Group, and all the authorities of this Act, shall terminate 60 days after the date on which the report is submitted under section 3(b). (b) Administrative Activities Before Termination.--The Group may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its report and disseminating the report. SEC. 7. FUNDING. (a) Transfer of Funds From Bureau of South and Central Asian Affairs.--Of the amounts made available under the heading ``Administration of Foreign Affairs, Diplomatic and Consular Programs'' for the Bureau of South and Central Asian Affairs for fiscal year 2011, $1,000,000 shall be available for transfer to the Group for purposes of carrying out this Act. (b) Prohibition on Additional Funds.--No additional funds are authorized to be appropriated to carry out this Act.

Establishes in the legislative branch the Afghanistan-Pakistan Study Group which shall conduct an independent assessment of the situation in Afghanistan and Pakistan, its impact on the surrounding region, and its consequences for U.S. interests. Expresses the sense of Congress that the Group should be modeled on the Iraq Study Group. Terminates the Group 60 days after it submits the report to the President and Congress required by this Act.

To establish the Afghanistan-Pakistan Study Group.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Provide for the Common Defense Act of 2013''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ELIMINATION OF SEQUESTRATION FOR REVISED SECURITY CATEGORY Sec. 101. Elimination of 251A reductions for revised security category in fiscal years 2014 and 2015. TITLE II--OFFSETTING PAYMENT CHANGES Subtitle A--Medicare Sec. 201. Adjustments to calculation of Medicare part B and part D premiums for high-income beneficiaries. Sec. 202. Increase in part B deductible for new enrollees. Subtitle B--Agriculture Sec. 211. Cap on overall rate of return for crop insurance providers. Sec. 212. Cap on reimbursements for administrative and operating expenses of crop insurance providers. Sec. 213. Reduction in share of crop insurance premium paid by Federal Crop Insurance Corporation. Subtitle C--Federal Retirement Sec. 221. Retirement contributions. Sec. 222. Annuity supplement. Sec. 223. Use of Chained Consumer Price Index. Subtitle D--Chained CPI Sec. 231. Change in index used to calculate Social Security cost-of- living adjustments. TITLE I--ELIMINATION OF SEQUESTRATION FOR REVISED SECURITY CATEGORY SEC. 101. ELIMINATION OF 251A REDUCTIONS FOR REVISED SECURITY CATEGORY IN FISCAL YEARS 2014 AND 2015. (a) Elimination of the Adjustment Under Section 251A for Fiscal Years 2014 and 2015.--Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended-- (1) in paragraphs (7)(B) and (8), by striking ``On the date'' in each instance and inserting ``Subject to paragraph (12), on the date''; and (2) by adding at the end the following new paragraph: ``(12) No reductions for revised security category in fiscal years 2014 and 2015.--Paragraphs (7)(B) and (8) shall have no force or effect for fiscal years 2014 and 2015 with respect to the revised security category.''. (b) Discretionary Spending Limits for the Revised Security Category in Fiscal Years 2014 and 2015.--For purposes of section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as modified by section 251A(2) of such Act), for fiscal years 2014 and 2015, the discretionary spending limit for the revised security category in each such fiscal year shall be $552,000,000,000 and $566,000,000,000, respectively. TITLE II--OFFSETTING PAYMENT CHANGES Subtitle A--Medicare SEC. 201. ADJUSTMENTS TO CALCULATION OF MEDICARE PART B AND PART D PREMIUMS FOR HIGH-INCOME BENEFICIARIES. (a) Increase in Applicable Percentage Used To Calculate Premiums.-- Section 1839(i)(3)(C)(i) of the Social Security Act (42 U.S.C. 1395r(i)(3)(C)(i)) is amended-- (1) by inserting after ``In general.--'' the following: ``(I) Years before 2017.--For calendar years prior to 2017:''; and (2) by adding at the end the following new subclause: ``(II) 2017 and subsequent years.--For calendar year 2017 and each subsequent calendar year: ``If the modified adjusted The applicable gross income is: percentage is: More than $85,000 but not more than $107,000........... 40 More than $107,000 but not more than $160,000.......... 55 More than $160,000 but not more than $214,000.......... 70 More than $214,000..................................... 90.''. (b) Temporary Adjustment to Income Thresholds Used To Calculate Premiums.-- (1) In general.--Section 1839(i)(6) of the Social Security Act (42 U.S.C. 1395r(i)(6)) is amended in the matter preceding subparagraph (A) by striking ``December 31, 2019'' and inserting ``December 31 of the year after 2019 that is the first year after the year in which at least 25 percent of individuals enrolled under this part are subject to a reduction under this subsection to the monthly amount of the premium subsidy applicable to the premium under this section.''. (2) Application of inflation adjustment.--Section 1839(i)(5) of the Social Security Act (42 U.S.C. 1395r(i)(5)) is amended-- (A) in subparagraph (A), by striking ``In the case'' and inserting ``Subject to subparagraph (C), in the case''; and (B) by adding at the end the following new subparagraph: ``(C) Treatment of years after temporary adjustment period.--In applying subparagraph (A) for the first year beginning after the period described in paragraph (6) and for each subsequent year, the 12-month period ending with August 2006 described in clause (ii) of such subparagraph shall be deemed to be the 12-month period ending with August of the last year of such period described in paragraph (6).''. SEC. 202. INCREASE IN PART B DEDUCTIBLE FOR NEW ENROLLEES. Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended-- (1) in the first sentence of subsection (b), by inserting ``(subject to subsection (z))'' after ``for a subsequent year''; and (2) by adding at the end the following: ``(z) Higher Deductible for New Enrollees.--In the case of an individual who is not enrolled under this part before January 1, 2017, the amount of the deductible under subsection (b)-- ``(1) for 2017 shall be the amount otherwise determined under such subsection for 2017 increased by $25; ``(2) for 2018 shall be the amount otherwise determined under such subsection for 2018, taking into account the application of the previous paragraph; ``(3) for 2019 shall be the amount otherwise determined under such subsection for 2019, taking into the application of the previous paragraphs, , increased by $25; ``(4) for 2020 shall be the amount otherwise determined under such subsection for 2020, taking into account the application of the previous paragraphs, increased by $25; ``(5) for 2021 shall be the amount otherwise determined under such subsection for 2021, taking into account the application of the previous paragraphs, increased by $25; and ``(6) for any subsequent year shall be the amount otherwise determined under such subsection for such year, taking into account the application of the previous paragraphs and this paragraph for previous years.''. Subtitle B--Agriculture SEC. 211. CAP ON OVERALL RATE OF RETURN FOR CROP INSURANCE PROVIDERS. Section 508(k) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)) is amended-- (1) by designating paragraph (3) as subparagraph (A) (and adjusting the margin two ems to the right); (2) by inserting before subparagraph (A) (as so designated) the following: ``(3) Risk.--''; and (3) by adding at the end the following new subparagraph: ``(B) Cap on overall rate of return.--The target rate of return for all the companies combined for the 2014 and subsequent reinsurance years shall be 12.8 percent of retained premium.''. SEC. 212. CAP ON REIMBURSEMENTS FOR ADMINISTRATIVE AND OPERATING EXPENSES OF CROP INSURANCE PROVIDERS. Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(4)) is amended by adding at the end the following new subparagraph: ``(G) Additional cap on reimbursements.-- Notwithstanding subparagraphs (A) through (F), total reimbursements for administrative and operating costs for the 2014 insurance year for all types of policies and plans of insurance shall not exceed $935,000,000. For each subsequent insurance year, the dollar amount in effect pursuant to the preceding sentence shall be increased by the same inflation factor as established for the administrative and operating costs cap in the 2011 Standard Reinsurance Agreement.''. SEC. 213. REDUCTION IN SHARE OF CROP INSURANCE PREMIUM PAID BY FEDERAL CROP INSURANCE CORPORATION. (a) Catastrophic Risk Protection.--Section 508(d)(2)(A) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)(2)(A)) is amended by striking ``sufficient to cover anticipated losses and a reasonable reserve'' and inserting ``for all crops for which catastrophic risk protection coverage is available shall be reduced by the percentage equal to the difference between the average loss ratio for such crop and 100 percent, plus a reasonable reserve''. (b) Additional Coverage.--Section 508(e)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is amended-- (1) in subparagraph (B)(i), by striking ``67'' and inserting ``64''; (2) in subparagraph (C)(i), by striking ``64'' and inserting ``61''; (3) in subparagraph (D)(i), by striking ``59'' and inserting ``56''; and (4) in subparagraph (E)(i), by striking ``55'' and inserting ``52''. (c) Enterprise and Whole Farm Units.--Section 508(e)(5)(C) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(5)(C)) is amended by striking ``80'' and inserting ``77''. (d) Area Revenue Plans.--Section 508(e)(6) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(6)) is amended-- (1) in subparagraph (A)(i), by striking ``59'' and inserting ``56''; and (2) in subparagraph (B)(i), by striking ``55'' and inserting ``52''. (e) Area Yield Plans.--Section 508(e)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508) is amended-- (1) in subparagraph (A)(i), by striking ``59'' and inserting ``56''; (2) in subparagraph (B)(i), by striking ``55'' and inserting ``52''; and (3) in subparagraph (C)(i), by striking ``51'' and inserting ``48''. (f) Effective Date.--The amendments made by this section shall apply with respect to the first contract change date for a contract under the Federal Crop Insurance Act occurring after the date of the enactment of this Act. Subtitle C--Federal Retirement SEC. 221. RETIREMENT CONTRIBUTIONS. (a) Civil Service Retirement System.-- (1) Individual contributions.--Section 8334(c) of title 5, United States Code, is amended-- (A) by striking ``(c) Each'' and inserting ``(c)(1) Each''; and (B) by adding at the end the following: ``(2) Notwithstanding any other provision of this subsection, the applicable percentage of basic pay under this subsection for civilian service by an employee or Member shall, for purposes of computing an amount-- ``(A) for a period in calendar year 2014, be equal to the applicable percentage under this subsection for calendar year 2013 plus an additional 0.4 percentage point; ``(B) for a period in calendar year 2015, be equal to the applicable percentage under this subsection for calendar year 2014 (as determined under subparagraph (A)) plus an additional 0.4 percentage point; ``(C) for a period in calendar year 2016, be equal to the applicable percentage under this subsection for calendar year 2015 (as determined under subparagraph (B)) plus an additional 0.4 percentage point; and ``(D) for a period in any calendar year after 2016, be equal to the applicable percentage under this subsection for calendar year 2015 (as determined under subparagraph (C)). ``(3)(A) Notwithstanding subsection (a)(2), any excess contributions under subsection (a)(1)(A) (including the portion of any deposit under this subsection allocable to excess contributions) shall, if made by an employee of the United States Postal Service or the Postal Regulatory Commission, be deposited to the credit of the Postal Service Fund under section 2003 of title 39, rather than the Civil Service Retirement and Disability Fund. ``(B) For purposes of this paragraph, the term `excess contributions', as used with respect to contributions made under subsection (a)(1)(A) by an employee of the United States Postal Service or the Postal Regulatory Commission, means the amount by which-- ``(i) deductions from basic pay of such employee which are made under subsection (a)(1)(A), exceed ``(ii) deductions from basic pay of such employee which would have been so made if paragraph (2) had not been enacted.''. (2) Government contributions.--Section 8334(a)(1)(B) of title 5, United States Code, is amended-- (A) in clause (i), by striking ``Except as provided in clause (ii),'' and inserting ``Except as provided in clause (ii) or (iii),''; and (B) by adding at the end the following: ``(iii) The amount to be contributed under clause (i) shall, with respect to a period in any year beginning after December 31, 2013, be equal to-- ``(I) the amount which would otherwise apply under clause (i) with respect to such period, reduced by ``(II) the amount by which, with respect to such period, the withholding under subparagraph (A) exceeds the amount which would otherwise have been withheld from the basic pay of the employee or elected official involved under subparagraph (A) based on the percentage applicable under subsection (c) for calendar year 2013.''. (b) Individual Contributions Under the Federal Employees' Retirement System.--Section 8422(a)(3) of title 5, United States Code, is amended-- (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following: ``(B) Notwithstanding any other provision of this paragraph, the applicable percentage under this paragraph for civilian service by employees or Members other than revised annuity employees shall-- ``(i) for a period in calendar year 2014, be equal to the applicable percentage under this paragraph for calendar year 2013 plus an additional 0.4 percentage point; ``(ii) for a period in calendar year 2015, be equal to the applicable percentage under this paragraph for calendar year 2014 (as determined under clause (i)) plus an additional 0.4 percentage point; ``(iii) for a period in calendar year 2016, be equal to the applicable percentage under this paragraph for calendar year 2015 (as determined under clause (ii)) plus an additional 0.4 percentage point; and ``(iv) for a period in any calendar year after 2016, be equal to the applicable percentage under this paragraph for calendar year 2016 (as determined under clause (iii)).''. SEC. 222. ANNUITY SUPPLEMENT. Section 8421(a) of title 5, United States Code, is amended-- (1) in paragraph (1), by striking ``paragraph (3)'' and inserting ``paragraphs (3) and (4)''; (2) in paragraph (2), by striking ``paragraph (3)'' and inserting ``paragraphs (3) and (4)''; and (3) by adding at the end the following: ``(4) No annuity supplement under this section shall be payable in the case of an individual who first becomes subject to this chapter after December 31, 2013.''. SEC. 223. USE OF CHAINED CONSUMER PRICE INDEX. (a) In General.--Paragraph (15) of section 8331 of title 5, United States Code, is amended to read as follows: ``(15) the term `price index' means the Chained Consumer Price Index (all items-all urban consumers) published monthly by the Bureau of Labor Statistics;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on January 1, 2015, and shall apply with respect to any cost-of-living adjustment taking effect under section 8340 or 8462 of title 5, United States Code, on or after that date. Subtitle D--Chained CPI SEC. 231. CHANGE IN INDEX USED TO CALCULATE SOCIAL SECURITY COST-OF- LIVING ADJUSTMENTS. (a) In General.--Section 215(i)(1) of the Social Security Act (42 U.S.C. 415(i)(1)) is amended-- (1) in subparagraph (G), by striking the period at the end and inserting ``; and''; and (2) by adding at the end the following new subparagraph: ``(H) the term `Consumer Price Index' means the Chained Consumer Price Index for All Urban Consumers (C-CPI-U, as published in its initial version by the Bureau of Labor Statistics of the Department of Labor).''. (b) Application to Pre-1979 Law.-- (1) In general.--Section 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended-- (A) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (B) by adding at the end the following new subparagraph: ``(D) the term `Consumer Price Index' means the Chained Consumer Price Index for All Urban Consumers (C-CPI-U, as published in its initial version by the Bureau of Labor Statistics of the Department of Labor).''. (2) Conforming change.--Section 215(i)(4) of the Social Security Act (42 U.S.C. 415(i)(4)) is amended by inserting ``and by section 231 of the Provide for the Common Defense Act of 2013'' after ``1986''. (c) Effective Date.--The amendments made by this section shall apply with respect to adjustments effective with or after December 2014.

Provide for the Common Defense Act of 2013 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to nullify the presidential sequestration order issued for the revised security category (discretionary appropriations in budget function 050) for FY2014-FY2015 to enforce a specified budget goal. Establishes the discretionary spending limit for the revised security category for each such fiscal year. Amends part B (Supplemental Medical Insurance) of title XVIII (Medicare) of the Social Security Act (SSA) with respect to adjustments to the calculation of Medicare parts B and D (Voluntary Prescription Drug Benefit Program) premiums for high income beneficiaries for 2017 and subsequent years. Reduces the monthly amount of the Medicare parts B and D premium subsidies (with a corresponding increase in the monthly premium amount) for individuals whose modified adjusted gross income exceeds the threshold amount by specified applicable percentages for modified adjusted gross incomes in certain ranges starting at $85,000 (40%) and finally exceeding $214,000 (90%). Revises the temporary adjustment to income thresholds used to calculate premiums between January 1, 2011, and December 31, 2019, to extend it through December 31 of the first year after 2019 after the year in which at least 25% of individuals enrolled in the Medicare parts B and D are subject to a reduction to the monthly amount of the applicable premium subsidy. Increases by $25 per year the part B deductible for new enrollees after January 1, 2017, and subsequent years. Amends the Federal Crop Insurance Act to establish caps beginning with FY2014 for: (1) combined crop insurance provider rates of return, and (2) reimbursements for crop insurance provider administrative and operating expenses. Reduces according to a specified formula the crop insurance premium for catastrophic risk protection coverage. Reduces the portion of premium paid by the Federal Crop Insurance Corporation (premium subsidies) for the following coverages: (1) additional insurance, (2) enterprise and whole farm units, (3) area revenue plans, and (4) area yield plans. Requires an additional .4% increase per year, beginning in calendar 2014, in the percentage of basic pay that federal employees or Members of Congress must contribute to their pension plans under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). Reduces government contributions to CSRS and FERS by the amount of such increased employee contributions. Eliminates annuity supplements for federal employees hired after 2013. Revises the definition of “price index,” for purposes of cost-of-living adjustments to federal employee benefits, to mean the Chained Consumer Price Index for All Urban Consumers (Chained CPI) instead of the Consumer Price Index. Amends SSA title II (Old Age, Surivors, and Disability Insurance) (OASDI) to require the use of the Chained CPI for calculation of Social Security cost-of-living adjustments.

Provide for the Common Defense Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secondary Payer Advancement, Rationalization, and Clarification Act'' or the ``SPARC Act''. SEC. 2. CLARIFICATION AND RATIONALIZATION OF MEDICARE PRESCRIPTION DRUG SECONDARY CLAIMS RESPONSIBILITY. (a) In General.--Section 1860D-2(a)(4) of the Social Security Act (42 U.S.C. 1395w-102(a)(4)) is amended to read as follows: ``(4) Secondary payor and recovery rights.-- ``(A) In general.-- ``(i) Application of secondary payor.--A prescription drug plan shall be secondary payor to any valid and collectible payment from a primary drug plan (as defined in clause (iv)) until such time as such primary drug plan pays a final settlement, judgment, or award to an individual enrolled under the prescription drug plan with regard to an injury or illness involved or otherwise terminates its ongoing responsibility for medical payments with respect to the individual. ``(ii) Limitation on parties making prescription drug plans primary.--A primary drug plan (as defined in clause (iv), other than a group health plan or multiemployer or multiple employer plan of, or contributed to by, an employer that has 20 or fewer employees for each working day in each of 20 or more calendar weeks in the calendar year involved or the preceding calendar year), a self-insured plan, a service benefit plan, a managed care organization, a pharmacy benefit manager, or other party that, by statute, contract, or agreement, is legally responsible for payment of a claim for a covered outpatient drug, in enrolling an individual or in making any payments for benefits to the individual or on the individual's behalf, may not take into account that the individual is enrolled under a prescription drug plan under this part or is eligible for or is provided coverage for covered part D drugs under this part. ``(iii) Limitation on secretarial claims through subrogation.--The Secretary shall not assert any claim on behalf or against a prescription drug plan, other than through the recovery from such a plan of amounts paid related to a covered part D drug event that has been repaid to the plan through a subrogation action. ``(iv) Primary drug plan defined.--In this paragraph, the term `primary drug plan' means, with respect to benefits for covered part D drugs, a group health plan or large group health plan (other than a group health plan or multiemployer or multiple employer plan of, or contributed to by, an employer that has 20 or fewer employees for each working day in each of 20 or more calendar weeks in the calendar year involved or the preceding calendar year), a workers' compensation law or plan, an automobile or liability insurance policy or plan (including a self-insured plan) or no- fault insurance insofar as such a plan, law, policy, or insurance provides such benefits, insofar as, under the provisions of section 1862(b)(2), such coverage would be treated as a primary plan if benefits for covered part D drugs were treated as benefits under parts A and B. For purposes of this clause, an entity that engages in a business, trade, or profession shall be deemed to have a self- insured plan if it carries its own risk (whether by a failure to obtain insurance, or otherwise) in whole or in part. ``(B) Recovery.--A prescription drug plan shall be subrogated (to the extent of payment made under this part by the plan for any covered part D drug before the date the plan received notice pursuant to subparagraph (D)) to any right of an individual or any other entity to payment, with respect to such covered part D drug, under a primary drug plan. A subrogation claim may not be asserted pursuant to this subparagraph by a prescription drug plan with respect to a payment for a covered part D drug after the date that is 3 years after the date such plan receives notice of a payment, with respect to such covered part D drug, pursuant to subparagraph (D). Any such subrogation claim shall be the exclusive legal remedy of the PDP sponsor of the plan and shall be reduced to take into account the cost of procuring the judgment or settlement with respect to such claim if an individual's liability, workers' compensation, or no-fault claim is disputed. Any costs or expense incurred by a prescription drug plan related to recoveries pursuant to this subparagraph shall not be considered an administrative cost or expense, as those terms are used in this part. ``(C) Waiver.--A prescription drug plan may waive (in whole or in part) the provisions of this paragraph in the case of an individual claim if the plan determines that the waiver is in the best interests of the program established under this part. ``(D) Coordination of benefits information.--Not later than 15 days after the date the Secretary receives information under paragraph (7) or (8) of section 1862(b) relating to an individual enrolled in a prescription drug plan during an applicable time, the Secretary shall provide such information to such prescription drug plan in a format convenient and accessible to such plans. The Secretary shall waive any requirements under this part that a prescription drug plan establish procedures for determining whether costs for part D eligible individuals are being reimbursed through insurance or otherwise or identify payers that are primary to the program under subparagraph (A)(ii) other than as required under this paragraph. ``(E) Coordination of benefits.--A prescription drug plan shall, in the case of receipt of a notice pursuant to subparagraph (D) related to an enrollee for whom a primary drug plan has reported on ongoing responsibility for medical costs pursuant to paragraph (7) or (8) of section 1862(b), authorize the provider of such covered part D drug to charge, in accordance with the charges allowed under the prescription drug plan, such primary drug plan for such covered part D drug related to or arising out of the treatment accident or injury subject to such notice (other than payments subject to a claim under subparagraph (B) or (F)) for the period in which the enrollee remains enrolled in such plan through the date upon which such primary drug plan has terminated such ongoing responsibility for medical payments. ``(F) Use of website to determine final reimbursement amount.-- ``(i) Notification of plans.--Not later than 10 days after the date the Secretary receives a notice under section 1862(b)(2)(B)(vii)(I) relating to an individual during the period the individual is enrolled in a prescription drug plan, the Secretary shall provide such notice to the plan. ``(ii) Statement by plan.-- ``(I) In general.--Not later than 20 days after the date a plan receives a notice under clause (i), the plan may provide the Secretary with a statement of any covered part D drug for which the plan seeks reimbursement, including the amount of such reimbursement. ``(II) Failure to provide statement.--The prescription drug plan shall be deemed to have waived its rights under subparagraph (B)-- ``(aa) in the case that the prescription drug plan does not provide such statement by such date, with respect to any covered part D drug provided to such individual with respect to such notice; and ``(bb) in the case that the prescription drug plan provides such statement by such date, with respect to any covered part D drug provided to such individual which was not identified in the notice. ``(iii) Inclusion of information on website.--The Secretary shall include any covered part D drug identified by a prescription drug plan pursuant to clause (ii) within the Secretary's statement of reimbursement amount on the website as described in section 1862(b)(2)(B)(vii). ``(iv) Collection.--The Secretary may collect (on behalf of a prescription drug plan) the reimbursement amount for covered part D drugs, as identified pursuant to clause (ii), from the individual involved or the primary drug plan pursuant to the procedures set forth under section 1862(b)(2)(B)(vii). Any such amounts collected by the Secretary for covered part D drugs shall be remitted directly by the Secretary to the appropriate prescription drug plan that enrolled the individual related to the notice during the applicable time period for which such individual was enrolled.''. (b) Clarification.--Section 1860D-2(b)(4)(D) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)(D)), is amended by striking ``third- party reimbursement.--'' and inserting ``third-party reimbursement.-- Solely for the purpose of applying the requirements of subparagraph (C)(ii):''. (c) Effective Date.--The amendment made by subsection (a) shall apply to drugs dispensed in years beginning more than 6 months after the date of the enactment of this Act.

Secondary Payer Advancement, Rationalization, and Clarification Act or the SPARC Act This bill amends title XVIII (Medicare) of the Social Security Act to specify recovery rules with respect to secondary claims responsibility under the Medicare prescription drug benefit. Under current law, secondary payor provisions apply under the benefit in the same manner as they apply with respect to Medicare Advantage plans.

SPARC Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deceptive Practices and Voter Intimidation Prevention Act of 2007''. SEC. 2. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS. (a) In General.--Chapter 29 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 618. Deceptive practices in Federal elections ``(a) Whoever, before or during a Federal election knowingly communicates election-related information about that election, knowing that information to be false, with the intent to prevent another person from exercising the right to vote in that election, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both. ``(b) As used in this section-- ``(1) the term `Federal election' means any general, primary, run-off, or special election for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a territory or possession; and ``(2) the term `election related information' means information regarding-- ``(A) the time, place, or manner of conducting the election; ``(B) the qualifications for or restrictions on voter eligibility for the election, including-- ``(i) any criminal penalties associated with voting in the election; or ``(ii) information regarding a voter's registration status or eligibility; ``(C) with respect to a closed primary election, the political party affiliation of any candidate for office, if the communication of the information also contains false information described in subparagraph (A) or (B); or ``(D) the explicit endorsement by any person or organization of a candidate running for any office voted on in the election.''. (b) Clerical Amendment.--The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following new item: ``618. Deceptive practices in Federal elections.''. SEC. 3. MODIFICATION OF PENALTY FOR VOTER INTIMIDATION. Section 594 of title 18, United States Code, is amended by striking ``one year'' and inserting ``5 years''. SEC. 4. SENTENCING GUIDELINES. (a) Review and Amendment.--Not later than 90 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under sections of title 18, United States Code, that are added or modified by this Act. (b) Authorization.--The United States Sentencing Commission may, for the purposes of the amendments made pursuant to this section, amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. SEC. 5. REPORTING VIOLATIONS AND REMEDIAL ACTION. (a) Reporting.--Any person may report to the Attorney General any violation or possible violation of section 594 or 618 of title 18, United States Code. (b) Corrective Action.-- (1) In general.--Immediately after receiving a report under subsection (a), the Attorney General shall consider and review such report and, if the Attorney General determines that there is a reasonable basis to find that a violation has occurred, the Attorney General shall-- (A) undertake all effective measures necessary to provide correct information to voters affected by the false information; and (B) refer the matter to the appropriate Federal and State authorities for criminal prosecution or civil action after the election. (2) Regulations.-- (A) In general.--The Attorney General shall promulgate regulations regarding the methods and means of corrective actions to be taken under paragraph (1). Such regulations shall be developed in consultation with the Election Assistance Commission, civil rights organizations, voting rights groups, State and local election officials, voter protection groups, and other interested community organizations. (B) Study.-- (i) In general.--The Attorney General, in consultation with the Federal Communications Commission and the Election Assistance Commission, shall conduct a study on the feasibility of providing the corrective information under paragraph (1) through public service announcements, the emergency alert system, or other forms of public broadcast. (ii) Report.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report detailing the results of the study conducted under clause (i). (3) Publicizing remedies.--The Attorney General shall make public through the Internet, radio, television, and newspaper advertisements information on the responsibilities, contact information, and complaint procedures applicable under this section. (c) Reports to Congress.-- (1) In general.--Not later than 90 days after any primary, general, or run-off election for Federal office, the Attorney General shall submit to Congress a report compiling and detailing any allegations of false information submitted pursuant to subsection (a) and relating to such election. (2) Contents.--Each report submitted under paragraph (1) shall include-- (A) detailed information on specific allegations of deceptive tactics; (B) statistical compilations of how many allegations were made and of what type; (C) the geographic locations of and the populations affected by the alleged deceptive information; (D) the status of the investigations of such allegations; (E) any corrective actions taken in response to such allegations; (F) the rationale used for any corrective actions or for any refusal to pursue an allegation; (G) the effectiveness of any such corrective actions; (H) whether a Voting Integrity Task Force was established with respect to such election, and, if so, how such task force was staffed and funded; (I) any referrals of information to other Federal, State, or local agencies; (J) any suit instituted under section 2004(b)(2) of the Revised Statutes (42 U.S.C. 1971(b)(2)) in connection with such allegations; and (K) any criminal prosecution instituted under title 18, United States Code, in connection with such allegations. (3) Report made public.--On the date that the Attorney General submits the report required under paragraph (1), the Attorney General shall also make the report publicly available through the Internet and other appropriate means. (d) Delegation of Duties.-- (1) In general.--The Attorney General shall delegate the responsibilities under this section to a Voting Integrity Task Force established under paragraph (2). (2) Voting integrity task force.-- (A) In general.--The Attorney General shall establish a Voting Integrity Task Force to carry out the requirements of this section with respect to any general, primary, run-off, or special election for Federal office. (B) Composition.--Any Voting Integrity Task Force established under paragraph (1) shall be under the direction of the Assistant Attorney General for the Civil Rights Division and the Assistant Attorney General for the Criminal Division, jointly. (e) Federal Office.--For purposes of this section, the term ``Federal office'' means the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a territory or possession of the United States. Passed the House of Representatives June 25, 2007. Attest: LORRAINE C. MILLER, Clerk.

Deceptive Practices and Voter Intimidation Prevention Act of 2007 - Amends the federal criminal code to make it unlawful for anyone before or during a federal election to knowingly communicate, or attempt to communicate, false election-related information about that election, with the intent to prevent another person from exercising the right to vote. Increases from one year to five years' imprisonment the criminal penalty for intimidation of voters. Directs the U.S. Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements applicable to persons convicted of any offense under this Act. Authorizes any person to report to the Attorney General false election information or intimidation of voters. Requires the Attorney General, immediately after receiving such a report, to consider and review it and, if there is a reasonable basis to find that a violation has occurred, to: (1) undertake all effective measures necessary to provide correct information to voters affected by the false information; and (2) refer the matter to the appropriate federal and state authorities for criminal prosecution or civil action after the election. Directs the Attorney General to study and report to Congress on the feasibility of providing such corrective information through public service announcements, the emergency alert system, or other forms of public broadcast. Requires the Attorney General to establish a Voting Integrity Task Force to carry out the requirements of this Act with respect to any general, primary, run-off, or special election for federal office.

To amend title 18, United States Code, to prohibit certain deceptive practices in Federal elections, and for other purposes.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the International Monetary Fund for the fiscal year ending September 30, 1998, and for other purposes, namely: MULTILATERAL ECONOMIC ASSISTANCE funds appropriated to the president loans to international monetary fund new arrangements to borrow For loans to the International Monetary Fund (Fund) under the New Arrangements to Borrow, the dollar equivalent of 2,462,000,000 Special Drawing Rights, to remain available until expended; in addition, up to the dollar equivalent of 4,250,000,000 Special Drawing Rights previously appropriated by the Act of November 30, 1983 (Public Law 98- 181), and the Act of October 23, 1962 (Public Law 87-872), for the General Arrangements to Borrow, may also be used for the New Arrangements to Borrow. united states quota For an increase in the United States quota in the International Monetary Fund, the dollar equivalent of 10,622,500,000 Special Drawing Rights, to remain available until expended. GENERAL PROVISIONS Section 101. Conditions for the Use of Quota Resources.--(a) None of the funds appropriated in this Act under the heading ``United States Quota, International Monetary Fund'' may be obligated, transferred or made available to the International Monetary Fund until 30 days after the Secretary of the Treasury certifies that the Board of Executive Directors of the Fund have agreed by resolution that stand-by agreements or other arrangements regarding the use of Fund resources shall include provisions requiring the borrower-- (1) to comply with the terms of all international trade obligations and agreements of which the borrower is a signatory; (2) to eliminate the practice or policy of government directed lending or provision of subsidies to favored industries, enterprises, parties, or institutions; and (3) to guarantee non-discriminatory treatment in debt resolution proceedings between domestic and foreign creditors, and for debtors and other concerned persons. (b) Subsequent to the certification provided in subsection (a), in conjunction with the annual submission of the President's budget, the Secretary of the Treasury shall report to the appropriate committees on the implementation and enforcement of the provisions in subsection (a). Sec. 102. Transparency and Oversight.--(a) Not later than 30 days after enactment of this Act, the Secretary of the Treasury shall certify to the appropriate committees that the Board of Executive Directors of the International Monetary Fund Board has agreed to provide timely access by the Comptroller General to information and documents relating to the Fund's operations, program and policy reviews and decisions regarding stand-by agreements and other uses of the Fund's resources. (b) The Secretary of the Treasury shall direct, and the U.S. Executive Director to the International Monetary Fund shall agree to-- (1) provide any documents or information available to the Director that are requested by the Comptroller General; (2) request from the Fund any documents or material requested by the Comptroller General; and (3) use all necessary means to ensure all possible access by the Comptroller General to the staff and operations of the Fund for the purposes of conducting financial and program audits. (c) The Secretary of the Treasury, in consultation with the Comptroller General and the U.S. Executive Director of the Fund, shall develop and implement a plan to obtain timely public access to information and documents relating to the Fund's operations, programs and policy reviews and decisions regarding stand-by agreements and other uses of the Fund's resources. (d) No later than July 1, 1998 and, not later than March 1 of each year thereafter, the Secretary of the Treasury shall submit a report to the appropriate committees on the status of timely publication of Letters of Intent and Article IV consultation documents and the availability of information referred to in (c). Sec. 103. Advisory Commission.--(a) The President shall establish an International Financial Institution Advisory Commission (hereafter ``Commission''). (b) The Commission shall include at least five former United States Secretaries of the Treasury. (c) Within 180 days, the Commission shall report to the appropriate committees on the future role and responsibilities, if any, of the International Monetary Fund and the merit, costs and related implications of consolidation of the organization, management, and activities of the International Monetary Fund, the International Bank for Reconstruction and Development and the World Trade Organization. Sec. 104. Bretton Woods Conference.--Not later than 180 days after the Commission reports to the appropriate committees, the President shall call for a conference of representatives of the governments of the member countries of the International Monetary Fund, the International Bank for Reconstruction and Development and the World Trade Organization to consider the structure, management and activities of the institutions, their possible merger and their capacity to contribute to exchange rate stability and economic growth and to respond effectively to financial crises. Sec. 105. Reports.--(a) Following the extension of a stand-by agreement or other uses of the resources by the International Monetary Fund, the Secretary of the Treasury, in consultation with the U.S. Executive Director of the Fund, shall submit a report to the appropriate committees providing the following information-- (1) the borrower's rules and regulations dealing with capitalization ratios, reserves, deposit insurance system and initiatives to improve transparency of information on the financial institutions and banks which may benefit from the use of the Fund's resources; (2) the burden shared by private sector investors and creditors, including commercial banks in the Group of Seven Nations, in the losses which have prompted the use of the Fund's resources; (3) the Fund's strategy, plan and timetable for completing the borrower's pay back of the Fund's resources including a date by which the borrower will be free from all international institutional debt obligation; and (4) the status of efforts to upgrade the borrower's national standards to meet the Basle Committee's Core Principles for Effective Banking Supervision. (b) Following the extension of a stand-by agreement or other use of the Fund's resources, the Secretary of the Treasury shall report to the appropriate committees in conjunction with the annual submission of the President's budget, an account of the direct and indirect institutional recipients of such resources: Provided, That this account shall include the institutions or banks indirectly supported by the Fund through resources made available by the borrower's Central Bank. (c) Not later than 30 days after the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress providing the information requested in paragraphs (a) and (b) for the countries of South Korea, Indonesia, Thailand and the Philippines. Sec. 106. Certifications.--(a) The Secretary of the Treasury shall certify to the appropriate committees that the following conditions have been met-- (1) No International Monetary Fund resources have resulted, directly or indirectly, in support of the Korean semiconductor, steel, automobile, or textile and apparel industries in any form; (2) Neither the Korean government, nor the Fund has guaranteed or underwritten the private loans of Korean semiconductor, steel, automobile, or textile and apparel manufacturers; and (3) Officials from the Fund and the Department of the Treasury have monitored the implementation of the Corporate Governance provisions contained in Republic of Korea's stabilization program of December 4, 1997, and all of the conditions have either been met, or the Korean government has committed itself to fulfill all of these conditions according to an explicit timetable for completion; which timetable has been provided to and approved by the Fund and the Department of the Treasury. (b) Such certifications shall be made 14 days prior to the disbursement of any Fund resources to the borrower. (c) The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund to use the voice and vote of the Executive Director to oppose disbursement of further funds if such certification is not given. (d) Such certifications shall continue to be made on an annual basis as long as Fund contributions continue to be outstanding to the borrower country. Sec. 107. Definitions.--For the purposes of this Act, ``appropriate committees'' includes the Appropriations Committee, the Committee on Foreign Relations and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Appropriations and the Committee on Banking and Financial Services in the House of Representatives. This Act may be cited as the ``1998 Supplemental Appropriations Act for the International Monetary Fund''.

1998 Supplemental Appropriations Act for the International Monetary Fund - Makes supplemental appropriations to the International Monetary Fund (IMF) for FY 1998 for: (1) loans to the IMF under the New Arrangements to Borrow (equivalent to a specified amount of Special Drawing Rights); and (2) an increase in the U.S. IMF quota of Special Drawing Rights. Authorizes the use for the New Arrangements to Borrow of a specified amount of previously appropriated IMF Special Drawing Rights for the General Arrangements to Borrow. (Sec. 101) Prohibits funds appropriated for the U.S. IMF quota from being obligated, transferred, or made available to the IMF until 30 days after the Secretary of the Treasury certifies, to the appropriate congressional committees, that the IMF Board of Executive Directors have agreed by resolution that stand-by agreements or other arrangements regarding the use of IMF resources shall include provisions requiring a borrower to: (1) comply with the terms of all of its international trade obligations and agreements; (2) eliminate the practice of government directed lending or provision of subsidies to favored industries, enterprises, parties, or institutions; and (3) guarantee non-discriminatory treatment in debt resolution proceedings between domestic and foreign creditors, and for debtors and other concerned persons. (Sec. 102) Directs the Secretary to certify to the appropriate congressional committees that the IMF Board has agreed to provide timely access (transparency) by the Comptroller General to information and documents relating to IMF operations, program and policy reviews, and decisions regarding stand-by agreements and other uses of its resources. Requires the Secretary to direct, and the IMF U.S. Executive Director to agree, to provide access by the Comptroller General to IMF documents, information, and operations. (Sec. 103) Directs the President to establish an International Financial Institution Advisory Commission, which shall report to the appropriate congressional committees on the implications of consolidating the activities of the IMF, the International Bank for Reconstruction and Development (World Bank), and the World Trade Organization (WTO). (Sec. 104) Directs the President to call for a Bretton Woods Conference of representatives of the governments of the member countries of the IMF, the World Bank, and the WTO to consider the structure and activities of such institutions, their possible merger, and their capacity to contribute to exchange rate stability and economic growth, and to respond effectively to financial crises. (Sec. 105) Requires the Secretary of the Treasury, following extension of a stand-by agreement or other uses of resources by the IMF, to report to the appropriate congressional committees specified information about: (1) borrower's rules and regulations; (2) the burden shared by private sector investors and creditors, including commercial banks in the Group of Seven Nations, in the losses which have prompted the use of IMF resources; (3) IMF strategy, plan and timetable for completing the borrower's pay back of IMF resources; and (4) the status of efforts to upgrade the borrower's national standards to meet the Basle Committee's Core Principles for Effective Banking Supervision. (Sec. 106) Directs the Secretary, before the release of IMF funds to a borrower country, to certify to the appropriate congressional committees that certain conditions have been met, including: (1) no IMF resources have resulted, directly or indirectly, in support of the Korean semiconductor, steel, automobile, or textile and apparel industries; (2) neither the Korean Government nor the IMF has guaranteed or underwritten the private loans of such Korean industries; and (3) IMF and Department of the Treasury officials have monitored the implementation of the Corporate Governance provisions of the Republic of Korea's stabilization program of December 4, 1997, and all of the conditions have either been met, or the Korean Government has committed itself to fulfill these conditions according to an approved timetable for completion.

1998 Supplemental Appropriations Act for the International Monetary Fund

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Credit Cost Reduction Act of 1994''. SEC. 2. TREATMENT OF ADMINISTRATIVE COSTS REGARDING DIRECT AND GUARANTEED LOANS. Paragraph (5)(A) of section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(A)) is amended by striking ``excluding'' and inserting ``including''. SEC. 3. TREATMENT OF ADMINISTRATIVE COSTS IN THE PRESIDENT'S ANNUAL BUDGET SUBMISSION. Section 1105(a) of title 31, United States Code, is amended by adding at the end the following new paragraphs: ``(29) a separate listing of administrative costs for direct loans and loan guarantees computed on a cash accounting basis for any such loans and guarantees originating before enactment of this paragraph. ``(30) an appendix setting forth on a cash accounting basis the administrative costs of all loans and loan guarantees by program, by agency, and for the Government.''. SEC. 4. FEDERAL CREDIT SUBSIDY RATES. (a) Definition of Subsidy Rate.--Section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a) is amended by adding at the end the following new paragraph: ``(10) The term `subsidy rate' for a fiscal year means-- ``(A) in the case of a direct loan, the cost of all loans made for a covered program during that year divided by the total direct loan obligations for that same covered program; and ``(B) in the case of a loan guarantee commitment, the cost of all loan guarantees incurred for a covered program during that year divided by the total amount of the loan guarantee commitments for that same covered program.''. (b) Maximum Subsidy Rates.--(1) The Federal Credit Reform Act of 1990 is amended by adding at the end the following new section: ``SEC. 508. MAXIMUM FEDERAL CREDIT SUBSIDY RATES. ``(a) Maximum Subsidy Rates.--The maximum permissible subsidy rate for each covered program for a fiscal year is the following: 40 percent for fiscal year 1995, 30 percent for fiscal year 1996, 20 percent for fiscal year 1997, 10 percent for fiscal year 1998, and 5 percent for fiscal year 1999. ``(b) Covered Programs.--The covered programs to which subsection (a) applies are the credit reform program accounts covered by the Federal Credit Reform Act of 1990. ``(c) Estimates.--The subsidy rates for a fiscal year shall be determined on the basis of estimates made by the Director of the Congressional Budget Office.''. (2) Section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 507 the following new item: ``Sec. 508. Maximum Federal credit subsidy rates.''. (c) Point of Order.--Section 301 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(j) It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget for any fiscal year that would allow the maximum permissible subsidy rate (as set forth in section 508) for any covered program for that fiscal year to be breached.''. (d) Allocations.--(1) Section 602(a)(1)(A) of the Congressional Budget Act of 1974 is amended by striking ``and'' at the end of clause (ii), by striking the comma and inserting ``; and'' at the end of clause (iii), and by inserting after clause (iii) the following new clause: ``(iv) total credit authority (that does not cause the maximum permissible subsidy rate (as set forth in section 508) for any covered program to be breached);''. (2) Section 602(a)(2) of the Congressional Budget Act of 1974 is amended by striking ``and'' at the end of subparagraph (B), by inserting ``and'' at the end of subparagraph (C), and by inserting after subparagraph (C) the following new subparagraph: ``(D) total credit authority (that does not cause the maximum permissible subsidy rate (as set forth in section 508) for any program to be breached);''. (e) Contents of Budget Resolutions.--Section 301(a) of the Congressional Budget Act of 1974 is amended by striking ``and'' at the end of paragraph (6), by striking the period and inserting ``; and'' at the end of paragraph (7), and by inserting after paragraph (7) the following new paragraph: ``(8) for purposes of enforcement of section 508, the total credit authority for each covered program, but which total shall not cause the maximum permissible subsidy rate (as set forth in that section) for that program to be breached.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by it shall apply with respect to fiscal years beginning after the date of enactment of this Act.

Federal Credit Cost Reduction Act of 1994 - Amends the Federal Credit Reform Act of 1990 to include administrative costs (which, currently, are expressly excluded) in the estimated long-term costs to the Government of direct loans and loan guarantees. Amends Federal law to require the President's annual budget to contain a separate listing of administrative costs for direct loans and loan guarantees on a cash accounting basis and an appendix of such costs by program, by agency, and for the Government. Establishes maximum permissible subsidy rates for each credit reform program account. Reduces such rates from 40 percent for FY 1995 to five percent by FY 1999.

Federal Credit Cost Reduction Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Railroad Safety Authorization Act of 1994''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 20117(a)(1) of title 49, United States Code, is amended by adding after subparagraph (B) the following new subparagraphs: ``(C) $68,289,000 for fiscal year 1995. ``(D) $75,112,000 for fiscal year 1996. ``(E) $82,563,000 for fiscal year 1997. ``(F) $90,739,000 for fiscal year 1998.''. SEC. 3. HOURS OF SERVICE PILOT PROJECTS. (a) Amendment.--Chapter 211 of title 49, United States Code, is amended by adding at the end the following new section: ``SEC. 21108. PILOT PROJECTS. ``(a) Waiver.--A railroad or railroads and all labor organizations representing any class or craft of directly affected covered service employees of the railroad or railroads, may jointly petition the Secretary of Transportation for approval of a waiver, in whole or in part, of compliance with this chapter, to enable the establishment of one or more pilot projects to demonstrate the possible benefits of implementing alternatives to the strict application of the requirements of this chapter to such class or craft of employees, including requirements concerning maximum on-duty and minimum off-duty periods. Based on such a joint petition, the Secretary may, after notice and opportunity for comment, waive in whole or in part compliance with this chapter for a period of no more than two years, if the Secretary determines that such waiver of compliance is in the public interest and is consistent with railroad safety. Any such waiver may, based on a new petition, be extended for additional periods of up to two years, after notice and opportunity for comment. An explanation of any waiver granted under this section shall be published in the Federal Register. ``(b) Report.--The Secretary of Transportation shall submit to Congress, no later than January 1, 1997, a report that-- ``(1) explains and analyzes the effectiveness of all pilot projects established pursuant to a waiver granted under subsection (a); ``(2) describes the status of all other waivers granted under subsection (a) and their related pilot projects, if any; and ``(3) recommends appropriate legislative changes to this chapter. ``(c) Definition.--For purposes of this section, the term `directly affected covered service employees' means covered service employees to whose hours of service the terms of the waiver petitioned for specifically apply.''. (b) Table of Sections Amendment.--The table of sections for chapter 211 of title 49, United States Code, is amended by adding at the end the following new item: ``21108. Pilot projects.''. SEC. 4. CONFORMING AMENDMENT REGARDING HOURS OF SERVICE VIOLATIONS. Section 21303(a)(1) of title 49, United States Code, is amended by inserting ``or violating any provision of a waiver applicable to that person that has been granted under section 21108 of this title,'' after ``chapter 211 of this title''. SEC. 5. TECHNICAL AMENDMENT REGARDING FEDERAL RAILROAD SAFETY. Section 20111(c) of title 49, United States Code, is amended by inserting ``this chapter or any of the laws transferred to the jurisdiction of the Secretary of Transportation by subsection (e) (1), (2), and (6)(A) of section 6 of the Department of Transportation Act, as in effect on June 1, 1994, or'' after ``individual's violation of''. SEC. 6. BIENNIAL FEDERAL RAILROAD SAFETY REPORTING. (a) Section 20116 of title 49, United States Code, is amended-- (1) by striking in its heading ``Annual'' and inserting in lieu thereof ``Biennial''; (2) by striking ``not later than July 1 of each year a report on carrying out this chapter for the prior calendar year. The report shall include the following information about the prior year'' and inserting in lieu thereof ``every two years, on or before July 1 of the year due, a comprehensive report on the administration of this chapter for the preceding two calendar years. The report shall include the following information about such calendar years''; and (3) in paragraph (1), by inserting ``, by calendar year'' after ``casualties by cause''. (b) The item relating to section 20116 in the table of sections for chapter 201 of title 49, United States Code, is amended to read as follows: ``20116. Biennial report.''. SEC. 7. REPORT ON BRIDGE DISPLACEMENT DETECTION SYSTEMS. Not later than 18 months after the date of enactment of this Act, the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning any action that has been taken by the Secretary on railroad bridge displacement detection systems. SEC. 8. TRACK SAFETY. Section 20142 of title 49, United States Code, is amended-- (1) in subsection (b), by striking ``September 3, 1994'' and inserting in lieu thereof ``September 1, 1995''; (2) in subsection (a)(1), by inserting ``, including cold weather installation procedures'' after ``attendant structure''; and (3) by adding at the end the following new subsection: ``(d) Identification of Internal Rail Defects.--In carrying out subsections (a) and (b), the Secretary shall consider whether or not to prescribe regulations and issue orders concerning-- ``(1) inspection procedures to identify internal rail defects, before they reach imminent failure size, in rail that has significant shelling; and ``(2) any specific actions that should be taken when a rail surface condition, such as shelling, prevents the identification of internal defects.''. SEC. 9. RESIDENCE OF EMPLOYEES. The amendments made by section 7 of the Amtrak Reauthorization and Improvement Act of 1990 shall apply to all periods before and after the date of their enactment. Passed the House of Representatives August 8, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Federal Railroad Safety Authorization Act of 1994 - Amends the Federal Railroad Safety Act of 1970 to authorize appropriations for FY 1995 through 1998 for railroad research and development and general safety operations. Amends the Hours of Service Act to authorize railroads, and labor organizations representing railroad employees, to jointly petition the Secretary of Transportation (Secretary) for approval of a waiver of limitations on hours of service with respect to such employees in order to establish one or more pilot projects to demonstrate the possible benefits of implementing alternatives to such limitations, including those concerning maximum on-duty and minimum off-duty periods. Authorizes the Secretary to waive compliance with such limitations for up to two years if it is in the public interest and is consistent with railroad safety. Requires the Secretary to report biennially (currently, annually) to the President and the Congress on the administration of Federal railroad safety rules and standards.

An Act to authorize appropriations to carry out certain Federal railroad safety laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``APHIS Function Transfer Act''. SEC. 2. TRANSFER OF CERTAIN AGRICULTURAL INSPECTION FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE. (a) Definitions.--In this section: (1) Covered law.--The term ``covered law'' means-- (A) the first section of the Act of August 31, 1922 (7 U.S.C. 281); (B) title III of the Federal Seed Act (7 U.S.C. 1581 et seq.); (C) the Plant Protection Act (7 U.S.C. 7701 et seq.); (D) the Animal Health Protection Act (7 U.S.C. 8301 et seq.); (E) section 11 of the Endangered Species Act of 1973 (16 U.S.C. 1540). (F) the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.); and (G) the eighth paragraph under the heading ``BUREAU OF ANIMAL INDUSTRY'' in the Act of March 4, 1913 (21 U.S.C. 151 et seq.) (commonly known as the ``Virus- Serum-Toxin Act''); (2) Function.--The term ``function'' does not include any quarantine activity carried out under a covered law. (b) Transfer.--There is transferred to the Secretary of Homeland Security the functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under each covered law. (c) Effect of Transfer.-- (1) Compliance with department of agriculture regulations.--The authority transferred under subsection (b) shall be exercised by the Secretary of Homeland Security in accordance with the regulations, policies, and procedures issued by the Secretary of Agriculture regarding the administration of each applicable covered law. (2) Rulemaking coordination.--The Secretary of Agriculture shall coordinate with the Secretary of Homeland Security in any case in which the Secretary of Agriculture prescribes regulations, policies, or procedures for administering a covered law at-- (A) a port of entry to the United States; or (B) any other similar location, as determined by the Secretary of Agriculture. (3) Effective administration.--The Secretary of Homeland Security, in consultation with the Secretary of Agriculture, may issue such directives and guidelines as are necessary to ensure the effective use of personnel of the Department of Homeland Security to carry out the functions transferred under subsection (b). (d) Transfer Agreement.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of Homeland Security shall enter into an agreement to effectuate the transfer of functions required by subsection (b). (2) Required terms.--The agreement required by this subsection shall specifically address-- (A) the supervision by the Secretary of Agriculture of the training of employees of the Secretary of Homeland Security to carry out the functions transferred under subsection (b); and (B) the transfer of funds to the Secretary of Homeland Security under subsection (e). (3) Revision.--After the date of execution of the agreement described in paragraph (1), the Secretary of Agriculture and the Secretary of Homeland Security may jointly revise the agreement, as necessary. (4) Cooperation and reciprocity.--The Secretary of Agriculture and the Secretary of Homeland Security may include as part of the agreement-- (A) authority under which the Secretary of Homeland Security may perform functions that-- (i) are delegated to the Animal and Plant Health Inspection Service of the Department of Agriculture regarding the protection of domestic livestock and plants; but (ii) are not transferred to the Secretary of Homeland Security under subsection (b); and (B) authority under which the Secretary of Agriculture may use employees of the Department of Homeland Security to carry out authorities delegated to the Animal and Plant Health Inspection Service regarding the protection of domestic livestock and plants. (e) Periodic Transfer of Funds to Department of Homeland Security.-- (1) Transfer of funds.--Subject to paragraph (2), out of any funds collected as fees under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a), the Secretary of Agriculture shall periodically transfer to the Secretary of Homeland Security, in accordance with the agreement under subsection (d), funds for activities carried out by the Secretary of Homeland Security for which the fees were collected. (2) Limitation.--The proportion of fees collected under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136, 136a) that are transferred to the Secretary of Homeland Security under paragraph (1) may not exceed the proportion that-- (A) the costs incurred by the Secretary of Homeland Security to carry out activities funded by those fees; bears to (B) the costs incurred by the Federal Government to carry out activities funded by those fees. (f) Transfer of Department of Agriculture Employees.--In carrying out this section, the Secretary of Agriculture shall transfer to the Secretary of Homeland Security not more than 3,200 full-time equivalent positions of the Department of Agriculture. (g) Protection of Inspection Animals.-- (1) Definition of secretary concerned.--Title V of the Agricultural Risk Protection Act of 2000 is amended-- (A) by redesignating sections 501 and 502 (7 U.S.C. 2279e, 2279f) as sections 502 and 503, respectively; and (B) by inserting before section 502 (as redesignated by paragraph (1)) the following: ``SEC. 501. DEFINITION OF SECRETARY CONCERNED. ``In this title, the term `Secretary concerned' means-- ``(1) the Secretary of Agriculture, with respect to an animal used for purposes of official inspections by the Department of Agriculture; and ``(2) the Secretary of Homeland Security, with respect to an animal used for purposes of official inspections by the Department of Homeland Security.''. (2) Conforming amendments.-- (A) Section 502 of the Agricultural Risk Protection Act of 2000 (as redesignated by paragraph (1)(A)) is amended-- (i) in subsection (a)-- (I) by inserting ``or the Department of Homeland Security'' after ``Department of Agriculture''; and (II) by inserting ``or the Secretary of Homeland Security'' after ``Secretary of Agriculture''; and (ii) by striking ``Secretary'' each place it appears (other than in subsections (a) and (e)) and inserting ``Secretary concerned''. (B) Section 503 of the Agricultural Risk Protection Act of 2000 (as redesignated by paragraph (1)(A)) is amended by striking ``501'' each place it appears and inserting ``502''. SEC. 3. TRANSFER OF PLUM ISLAND ANIMAL DISEASE CENTER, DEPARTMENT OF AGRICULTURE. (a) In General.--The Secretary of Agriculture shall transfer to the Secretary of Homeland Security the Plum Island Animal Disease Center of the Department of Agriculture, including the assets and liabilities of the Center. (b) Continued Department of Agriculture Access.--On completion of the transfer of the Plum Island Animal Disease Center under subsection (a), the Secretary of Homeland Security and the Secretary of Agriculture shall enter into an agreement to ensure that the Secretary of Agriculture retains access to the Center for research, diagnostic, and other activities of the Department of Agriculture.

APHIS Function Transfer Act - Transfers from the Secretary of Agriculture to the Secretary of Homeland Security: (1) specified agricultural import and entry inspection functions, personnel, and fees; and (2) Plum Island Animal Disease Center (retains Department of Agriculture access).

A bill to transfer to the Secretary of Homeland Security the functions of the Secretary of Agriculture relative to agricultural import and entry inspection activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Money Laundering Abatement Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Money laundering is a serious problem that enables criminals to reap the rewards of their crimes by hiding the criminal source of their profits. (2) When carried out by using banks, money laundering erodes the integrity of our financial institutions. (3) United States financial institutions are a critical link in our efforts to combat money laundering. (4) In addition to organized crime enterprises, corrupt government officials around the world increasingly employ sophisticated money laundering schemes to conceal wealth they have plundered or extorted from their nations or received as bribes, and these practices weaken the legitimacy of foreign states, threaten the integrity of international financial markets, and harm foreign populations. (5) Private banking is a growing activity among financial institutions based in and operating in the United States. (6) The high profitability, competition, high level of secrecy, and close relationships of trust developed between private bankers and their clients make private banking vulnerable to money laundering. (7) The use by United States bankers of financial centers located outside of the United States that have weak financial regulatory and reporting regimes and no transparency facilitates global money laundering. (b) Purpose.--The purpose of this Act is to eliminate the weaknesses in Federal law that allow money laundering to flourish, particularly in private banking activities. SEC. 3. IDENTIFICATION OF ACTUAL OR BENEFICIAL OWNERS OF ACCOUNTS. (a) Transactions and Accounts With or on Behalf of Foreign Entities.--Subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 5331. Requirements relating to transactions and accounts with or on behalf of foreign entities ``(a) Definitions.--Notwithstanding any other provision of this subchapter, in this section the following definitions shall apply: ``(1) Account.--The term `account'-- ``(A) means a formal banking or business relationship established to provide regular services, dealings, and other financial transactions; and ``(B) includes a demand deposit, savings deposit, or other asset account and a credit account or other extension of credit. ``(2) Correspondent account.--The term `correspondent account' means an account established to receive deposits from and make payments on behalf of a correspondent bank. ``(3) Correspondent bank.--The term `correspondent bank' means a depository institution that accepts deposits from another financial institution and provides services on behalf of such other financial institution. ``(4) Depository institution.--The term `depository institution' has the same meaning as in section 19(b)(1)(A) of the Federal Reserve Act. ``(5) Foreign banking institution.--The term `foreign banking institution' means a foreign entity that engages in the business of banking, and includes foreign commercial banks, foreign merchant banks, and other foreign institutions that engage in banking activities usual in connection with the business of banking in the countries where they are organized or operating. ``(6) Foreign entity.--The term `foreign entity' means an entity that is not organized under the laws of the Federal Government of the United States, any State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. ``(b) Prohibition on Opening or Maintaining Accounts Belonging to or for the Benefit of Unidentified Owners.--A depository institution or a branch of a foreign bank (as defined in section 1 of the International Banking Act of 1978) may not open or maintain any account in the United States for a foreign entity or a representative of a foreign entity, unless-- ``(1) for each such account, the institution completes and maintains in the United States a form or record identifying, by a verifiable name and account number, each person having a direct or beneficial ownership interest in the account; or ``(2) some or all of the shares of the foreign entity are publicly traded. ``(c) Prohibition on Opening or Maintaining Correspondent Accounts or Correspondent Bank Relationship With Certain Foreign Banks.--A depository institution, or branch of a foreign bank, as defined in section 1 of the International Banking Act of 1978, may not open or maintain a correspondent account in the United States for or on behalf of a foreign banking institution, or establish or maintain a correspondent bank relationship with a foreign banking institution (other than in the case of an affiliate of a branch of a foreign bank), that-- ``(1) is organized under the laws of a jurisdiction outside of the United States; and ``(2) is not subject to comprehensive supervision or regulation on a consolidated basis by the appropriate authorities in such jurisdiction. ``(d) 48-Hour Rule.--Not later than 48 hours after receiving a request by the appropriate Federal banking agency (as defined in section 3 of the Federal Deposit Insurance Act) for information related to anti-money laundering compliance by a financial institution or a customer of that institution, a financial institution shall provide to the requesting agency, or make available at a location specified by the representative of the agency, information and account documentation for any account opened, maintained, or managed in the United States by the financial institution.''. (b) Technical and Conforming Amendment.--The table of sections for subchapter II of chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5330 the following: ``5331. Requirements relating to transactions and accounts with or on behalf of foreign entities.''. (c) Effective Date.--The amendments made by this section shall apply-- (1) with respect to any account opened on or after the date of enactment of this Act, as of such date; and (2) with respect to any account opened before the date of enactment of this Act, as of the end of the 6-month period beginning on such date. SEC. 4. PROPER MAINTENANCE OF CONCENTRATION ACCOUNTS AT FINANCIAL INSTITUTIONS. Section 5318(h) of title 31, United States Code, is amended by adding at the end the following: ``(3) Availability of certain account information.--The Secretary shall prescribe regulations under this subsection that govern maintenance of concentration accounts by financial institutions, in order to ensure that such accounts are not used to prevent association of the identity of an individual customer with the movement of funds of which the customer is the direct or beneficial owner, which regulations shall, at a minimum-- ``(A) prohibit financial institutions from allowing clients to direct transactions that move their funds into, out of, or through the concentration accounts of the financial institution; ``(B) prohibit financial institutions and their employees from informing customers of the existence of, or means of identifying, the concentration accounts of the institution; and ``(C) require each financial institution to establish written procedures governing the documentation of all transactions involving a concentration account, which procedures shall ensure that, any time a transaction involving a concentration account commingles funds belonging to 1 or more customers, the identity of, and specific amount belonging to, each customer is documented.''. SEC. 5. DUE DILIGENCE REQUIRED FOR PRIVATE BANKING. The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by inserting after section 10 the following: ``SEC. 5A. DUE DILIGENCE. ``(a) Private Banking.--In fulfillment of its anti-money laundering obligations under section 5318(h) of title 31, United States Code, each depository institution that engages in private banking shall establish due diligence procedures for opening and reviewing, on an ongoing basis, accounts of private banking customers. ``(b) Minimum Standards.--The due diligence procedures required by paragraph (1) shall, at a minimum, ensure that the depository institution knows and verifies, through probative documentation, the identity and financial background of each private banking customer of the institution and obtains sufficient information about the source of funds of the customer to meet the anti-money laundering obligations of the institution. ``(c) Compliance Review.--The appropriate Federal banking agencies shall review compliance with the requirements of this section as part of each examination of a depository institution under this Act. ``(d) Regulations.--The Board of Governors of the Federal Reserve System shall, after consultation with the other appropriate Federal banking agencies, define the term `private banking' by regulation for purposes of this section.''. SEC. 6. SUPPLEMENTATION OF CRIMES CONSTITUTING MONEY LAUNDERING. Section 1956(c)(7)(B) of title 18, United States Code, is amended-- (1) by striking clause (ii) and inserting the following: ``(ii) any conduct constituting a crime of violence;''; and (2) by adding at the end the following: ``(iv) fraud, or any scheme to defraud, committed against a foreign government or foreign governmental entity under the laws of that government or entity; ``(v) bribery of a foreign public official, or the misappropriation, theft, or embezzlement of public funds by or for the benefit of a foreign public official under the laws of the country in which the subject conduct occurred or in which the public official holds office; ``(vi) smuggling or export control violations involving munitions listed in the United States Munitions List or technologies with military applications, as defined in the Commerce Control List of the Export Administration Regulations; ``(vii) an offense with respect to which the United States would be obligated by a multilateral treaty either to extradite the alleged offender or to submit the case for prosecution, if the offender were found within the territory of the United States; or ``(viii) the misuse of funds of, or provided by, the International Monetary Fund in contravention of the Articles of Agreement of the Fund or the misuse of funds of, or provided by, any other international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) in contravention of any international treaty or other international agreement to which the United States is a party, including any articles of agreement of the members of such international financial institution;''. SEC. 7. PROHIBITION ON FALSE STATEMENTS TO FINANCIAL INSTITUTIONS CONCERNING THE IDENTITY OF A CUSTOMER. (a) In General.--Chapter 47 of title 18, United States Code (relating to fraud and false statements), is amended by inserting after section 1007 the following: ``Sec. 1008. False statements concerning the identity of customers of financial institutions ``(a) In General.--Whoever knowingly in any manner-- ``(1) falsifies, conceals, or covers up, or attempts to falsify, conceal, or cover up, the identity of any person in connection with any transaction with a financial institution; ``(2) makes, or attempts to make, any materially false, fraudulent, or fictitious statement or representation of the identity of any person in connection with a transaction with a financial institution; ``(3) makes or uses, or attempts to make or use, any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry concerning the identity of any person in connection with a transaction with a financial institution; or ``(4) uses or presents, or attempts to use or present, in connection with a transaction with a financial institution, an identification document or means of identification the possession of which is a violation of section 1028; shall be fined under this title, imprisoned not more than 5 years, or both. ``(b) Definitions.--In this section: ``(1) Financial institution.--In addition to the meaning given to the term `financial institution' by section 20, the term `financial institution' also has the meaning given to such term in section 5312(a)(2) of title 31. ``(2) Identification document and means of identification.--The terms `identification document' and `means of identification' have the meanings given to such terms in section 1028(d).''. (b) Technical and Conforming Amendments.-- (1) Title 18, united states code.--Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking ``1014 (relating to fraudulent loan'' and inserting ``section 1008 (relating to false statements concerning the identity of customers of financial institutions), section 1014 (relating to fraudulent loan''. (2) Table of sections.--The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1007 the following: ``1008. False statements concerning the identity of customers of financial institutions.''. SEC. 8. APPROPRIATION FOR FINCEN TO IMPLEMENT SAR/CTR ALERT DATABASE. There is authorized to be appropriated $1,000,000, to remain available until expended, for the Financial Crimes Enforcement Network of the Department of the Treasury to implement an automated database that will alert law enforcement officials if Currency Transaction Reports or Suspicious Activity Reports disclose patterns that may indicate illegal activity, including any instance in which multiple Currency Transaction Reports or Suspicious Activity Reports name the same individual within a prescribed period of time. SEC. 9. LONG-ARM JURISDICTION OVER FOREIGN MONEY LAUNDERERS. Section 1956(b) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(b)''; (3) by inserting ``, or section 1957'' after ``or (a)(3)''; and (4) by adding at the end the following: ``(2) For purposes of adjudicating an action filed or enforcing a penalty ordered under this section, the district courts shall have jurisdiction over any foreign person, including any financial institution authorized under the laws of a foreign country, that commits an offense under subsection (a) involving a financial transaction that occurs in whole or in part in the United States, if service of process upon such foreign person is made under the Federal Rules of Civil Procedure or the laws of the country in which the foreign person is found. ``(3) The court may issue a pretrial restraining order or take any other action necessary to ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgment under this section.''. SEC. 10. LAUNDERING MONEY THROUGH A FOREIGN BANK. Section 1956(c)(6) of title 18, United States Code, is amended to read as follows: ``(6) the term `financial institution' includes-- ``(A) any financial institution described in section 5312(a)(2) of title 31, or the regulations promulgated thereunder; and ``(B) any foreign bank, as defined in section 1(b)(7) of the International Banking Act of 1978 (12 U.S.C. 3101(7)).''. SEC. 11. EFFECTIVE DATE. Except as otherwise specifically provided in this Act, this Act and the amendments made by this Act shall take effect 90 days after the date of enactment of this Act.

(Sec. 3) Requires a financial institution to comply within 48 hours with a Federal banking agency request for anti- money laundering information. (Sec. 4) Instructs the Secretary of the Treasury to prescribe regulations governing maintenance of concentration accounts by financial institutions to ensure that such accounts are not used to prevent association of the identity of an individual customer with the movement of funds of which the customer is the direct or beneficial owner. (Sec. 5) Amends the Federal Deposit Insurance Act to require each depository institution engaging in private banking to establish due diligence procedures for ongoing review of private banking customer accounts. (Sec. 6) Amends Federal criminal law to: (1) expand the designations of unlawful laundering of monetary instruments; (2) impose a fine and imprisonment for false statements to financial institutions concerning the identity of a customer; and (3) grant district courts jurisdiction over any foreign person that commits a financial transaction offense in the United States, including court issuance of a pretrial restraining order. (Sec. 8) Authorizes appropriations for the Financial Crimes Enforcement Network of the Department of the Treasury to implement an automated database to alert law enforcement officials if Currency Transaction Reports or Suspicious Activity Reports disclose patterns of illegal activity, including multiple Currency Transaction Reports or Suspicious Activity Reports which name the same individual within a prescribed period of time.

Money Laundering Abatement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense of Environment and Property Act of 2012''. SEC. 2. NAVIGABLE WATERS. (a) In General.--Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by striking paragraph (7) and inserting the following: ``(7) Navigable waters.-- ``(A) In general.--The term `navigable waters' means the waters of the United States, including the territorial seas, that are-- ``(i) navigable-in-fact; or ``(ii) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. ``(B) Exclusions.--The term `navigable waters' does not include-- ``(i) waters that-- ``(I) do not physically abut waters described in subparagraph (A); and ``(II) lack a continuous surface water connection to navigable waters; ``(ii) man-made or natural structures or channels-- ``(I) through which water flows intermittently or ephemerally; or ``(II) that periodically provide drainage for rainfall; or ``(iii) wetlands without a continuous surface connection to bodies of water that are waters of the United States. ``(C) EPA and corps activities.--An activity carried out by the Administrator or the Corps of Engineers shall not, without explicit State authorization, impinge upon the traditional and primary power of States over land and water use. ``(D) Aggregation; wetlands.-- ``(i) Aggregation.--Aggregation of wetlands or waters not described in clauses (i) through (iii) of subparagraph (B) shall not be used to determine or assert Federal jurisdiction. ``(ii) Wetlands.--Wetlands described in subparagraph (B)(iii) shall not be considered to be under Federal jurisdiction. ``(E) Appeals.--A jurisdictional determination by the Administrator that would affect the ability of a State to plan the development and use (including restoration, preservation, and enhancement) of land and water resources may be appealed by the State during the 30-day period beginning on the date of the determination. ``(F) Treatment of ground water.--Ground water shall-- ``(i) be considered to be State water; and ``(ii) not be considered in determining or asserting Federal jurisdiction over isolated or other waters, including intermittent or ephemeral water bodies.''. (b) Prohibition on Use of Nexus Test.--Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not use a significant nexus test (as used by the Environmental Protection Agency in the document listed in section 3(a)(3) of this Act) to determine Federal jurisdiction over navigable waters and waters of the United States (as those terms are defined and used, respectively, in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)). (c) Applicability.--Nothing in this section or the amendments made by this section affects or alters any exemption under-- (1) section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)); or (2) section 404(f) of the Federal Water Pollution Control Act (33 U.S.C. 1344(f)). SEC. 3. APPLICABILITY OF AGENCY REGULATIONS AND GUIDANCE. (a) In General.--The following regulations and guidance shall have no force or effect: (1) The final rule of the Corps of Engineers entitled ``Final Rule for Regulatory Programs of the Corps of Engineers'' (51 Fed. Reg. 41206 (November 13, 1986)). (2) The proposed rule of the Environmental Protection Agency entitled ``Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of `Waters of the United States''' (68 Fed. Reg. 1991 (January 15, 2003)). (3) The guidance document entitled ``Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in `Rapanos v. United States' & `Carabell v. United States''' (December 2, 2008) (relating to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)). (4) Any subsequent regulation of or guidance issued by any Federal agency that defines or interprets the term ``navigable waters''. (b) Prohibition.--The Secretary of the Army, acting through the Chief of Engineers, and the Administrator of the Environmental Protection Agency shall not promulgate any rules or issue any guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. SEC. 4. STATE REGULATION OF WATER. Nothing in this Act affects, amends, or supersedes-- (1) the right of a State to regulate waters in the State; or (2) the duty of a landowner to adhere to any State nuisance laws (including regulations) relating to waters in the State. SEC. 5. CONSENT FOR ENTRY BY FEDERAL REPRESENTATIVES. Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1318) is amended by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Entry by federal agency.--A representative of a Federal agency shall only enter private property to collect information about navigable waters if the owner of that property-- ``(A) has consented to the entry in writing; ``(B) is notified regarding the date of the entry; and ``(C) is given access to any data collected from the entry. ``(2) Access.--If a landowner consents to entry under paragraph (1), the landowner shall have the right to be present at the time any data collection on the property of the landowner is carried out.''. SEC. 6. COMPENSATION FOR REGULATORY TAKING. (a) In General.--If a Federal regulation relating to the definition of navigable waters or waters of the United States diminishes the fair market value or economic viability of a property, as determined by an independent appraiser, the Federal agency issuing the regulation shall pay the affected property owner an amount equal to twice the value of the loss. (b) Administration.--Any payment provided under subsection (a) shall be made from the amounts made available to the relevant agency head for general operations of the agency. (c) Applicability.--A Federal regulation described in subsection (a) shall have no force or effect until the date on which each landowner with a claim under this section relating to that regulation has been compensated in accordance with this section.

Defense of Environment and Property Act of 2012 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to redefine "navigable waters" to specify that included territorial seas are those that are: (1) navigable-in-fact; or (2) permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers, and lakes that are connected to waters that are navigable-in-fact. Excludes from such term: (1) waters that do not physically abut navigable waters and lack a continuous surface water connection to navigable waters; (2) man-made or natural structures or channels through which water flows intermittently or ephemerally, or that periodically provide drainage for rainfall; or (3) wetlands without a continuous surface connection to bodies of water that are waters of the United States. Prohibits activities carried out by the Administrator of the Environmental Protection Agency (EPA) or the Army Corps of Engineers from impinging upon states' power over land and water use. Prohibits: (1) aggregation of such excluded wetlands or waters from being used to determine or assert federal jurisdiction; and (2) wetlands without a continuous surface connection to bodies of water that are waters of the United States from being considered to be under federal jurisdiction. Authorizes states to appeal jurisdictional determinations by the Administrator that would affect their ability to plan the development and use of land and water resources for 30 days after such determination. Considers ground water to be state water. Prohibits ground water from being considered in determining or asserting federal jurisdiction over isolated or other waters. Prohibits the Administrator from using a significant nexus test to determine federal jurisdiction over navigable waters and waters of the United States. Gives no force or effect to: (1) the Corps' rule entitled "Final Rule for Regulatory Programs of the Corps of Engineers"; (2) EPA's proposed rule entitled "Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of 'Waters of the United States'"; (3) the guidance document entitled "Clean Water Act Jurisdiction Following the U.S. Supreme Court's Decision in Rapanos v. United States & Carabell v. United States (relating to the definition of waters under the jurisdiction of the Clean Water Act); and (4) any subsequent regulation of or guidance issued by federal agencies that defines or interprets the term "navigable waters." Prohibits the Corps and EPA from promulgating rules or issuing guidance that expands or interprets the definition of navigable waters unless expressly authorized by Congress. Sets forth provisions requiring federal agencies to obtain consent of private property owners prior to entering their land to collect information about navigable waters. Requires federal agencies that issue regulations that relate to the definition of navigable waters or waters of the United States and diminish the fair market value or economic viability of a property to pay the affected property owner an amount equal to twice the value of the loss. Gives no force or effect to such regulation until landowners with such claims have been compensated.

To clarify the definition of navigable waters, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrew Jackson Higgins Gold Medal Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Andrew Jackson Higgins was born on August 28, 1886, in Columbus, Nebraska, moved to New Orleans in 1910, and formed Higgins Industries on September 26, 1930; (2) Andrew Jackson Higgins designed, engineered, and produced the ``Eureka'', a unique shallow draft boat, the design of which evolved during World War II into 2 basic classes of military craft, high speed PT boats, and types of Higgins landing craft (LCPs, LCPLs, LCVPs, LCMs and LCSs); (3) Andrew Jackson Higgins designed, engineered, and constructed 4 major assembly line plants in New Orleans for mass production of Higgins landing craft, and other vessels vital to the Allied Forces' conduct of World War II; (4) Andrew Jackson Higgins bought the entire 1940 Philippine mahogany crop and other material purely at risk without a Government contract, anticipating that America would join World War II and that Higgins Industries would need the wood to build landing craft, and Higgins also bought steel, engines, and other material necessary to construct landing craft; (5) Andrew Jackson Higgins, through Higgins Industries, employed a fully integrated assembly line work force, black and white, male and female, of up to 30,000 during World War II, with equal pay for equal work; (6) in 1939, the United States Navy had a total of 18 landing craft in the fleet; (7) from November 18, 1940, when Higgins Industries was awarded its first contract for Higgins landing craft until the conclusion of the war, the employees of Higgins Industries produced 12,300 Landing Craft Vehicle Personnel (LCVP's) and nearly 8,000 other landing craft of all types; (8) during World War II, Higgins Industries employees produced 20,094 boats, including landing craft and Patrol Torpedo boats, and trained 30,000 Navy, Marine, and Coast Guard personnel on the safe operation of landing craft at the Higgins' Boat Operators School; (9) on Thanksgiving Day 1944, General Dwight D. Eisenhower stated in an address to the Nation, ``Let us thank God for Higgins Industries, management, and labor which has given us the landing boats with which to conduct our campaign.''; (10) Higgins landing craft, constructed of wood and steel, transported fully armed troops, light tanks, field artillery, and other mechanized equipment essential to amphibious operations; (11) Higgins landing craft made the amphibious assault on D-day and the landings at Leyte, North Africa, Guadalcanal, Sicily, Iwo Jima, Tarawa, Guam, and thousands of less well- known assaults possible; (12) Captain R.R.M. Emmett, a commander at the North Africa amphibious landing, and later commandant of the Great Lakes Training Station, wrote during the war, ``When the history of this war is finally written by historians, far enough removed from its present turmoil and clamor to be cool and impartial, I predict that they will place Mr. (Andrew Jackson) Higgins very high on the list of those who deserve the commendation and gratitude of all citizens.''; and (13) in 1964, President Dwight D. Eisenhower told historian Steven Ambrose, ``He (Higgins) is the man who won the war for us. If Higgins had not developed and produced those landing craft, we never could have gone in over an open beach. We would have had to change the entire strategy of the war.''. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.-- (1) In general.--The President is authorized, on behalf of Congress, to award a gold medal of appropriate design to-- (A) the family of Andrew Jackson Higgins, honoring Andrew Jackson Higgins (posthumously) for his contributions to the Nation and world peace; and (B) the D-day Museum in New Orleans, Louisiana, for public display, honoring Andrew Jackson Higgins (posthumously) and the employees of Higgins Industries for their contributions to the Nation and world peace. (2) Modalities.--The modalities of presentation of the medals under this Act shall be determined by the President, after consultation with the Speaker of the House of Representatives, the Majority Leader of the Senate, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike 2 gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medals struck under this Act, under such regulations as the Secretary may prescribe, and at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS AS NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 6. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $60,000 to pay for the cost of the medals authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund.

Andrew Jackson Higgins Gold Medal Act - Authorizes the President to present on behalf of Congress a gold medal to: (1) the family of Andrew Jackson Higgins, honoring his contributions to the Nation and world peace; and (2) the D-Day Museum in New Orleans, Louisiana, for public display, honoring Higgins and the employees of Higgins Industries for their contributions to the Nation and world peace.Authorizes the Secretary of the Treasury to strike and sell bronze duplicates.

A bill to authorize the President to award a gold medal on behalf of the Congress to Andrew Jackson Higgins (post-humously), and to the D-day Museum in recognition of the contributions of Higgins Industries and the more than 30,000 employees of HIggins Industries to the Nation and to world peace during World War II.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Serving Veterans Act of 2018''. SEC. 2. RECRUITMENT DATABASE. (a) Establishment.--Section 208 of the VA Choice and Quality Employment Act (Public Law 115-46; 38 U.S.C. 701 note) is amended as follows: (1) In subsection (a)-- (A) in the matter proceeding paragraph (1), by striking ``a single database'' and inserting ``and maintain a single searchable database (to be known as the `Departments of Defense and Veterans Affairs Recruitment Database')''; (B) in paragraph (1), by striking ``; and'' and inserting a semicolon; (C) in paragraph (2), by striking the period at the end and inserting ``; and''; and (D) by adding after paragraph (2) the following new paragraph: ``(3) with respect to each vacant position under paragraphs (1) and (2)-- ``(A) the military occupational specialty or skill that corresponds to the position, as determined by the Secretary, in consultation with the Secretary of Defense; and ``(B) each qualified member of the Armed Forces who may be recruited to fill the position before such qualified member of the Armed Forces has been discharged and released from active duty.''. (2) By redesignating subsections (b), (c), and (d) as subsections (f), (g), and (h), respectively. (3) By inserting after subsection (a) the following new subsections: ``(b) Additional Information.--Subject to subsection (c), the database established under subsection (a) shall include, with respect to each qualified member of the Armed Forces, the following information: ``(1) The name and contact information of the qualified member of the Armed Forces. ``(2) The date on which the qualified member of the Armed Forces is expected to be discharged and released from active duty. ``(3) Each military occupational specialty currently or previously assigned to the qualified member of the Armed Forces. ``(c) Availability.--Information in the database shall be available to offices, officials, and employees of the Department of Veterans Affairs to the extent the Secretary of Veterans Affairs determines appropriate. ``(d) Expedited Hiring Procedures.--The Secretary shall hire qualified members of the Armed Forces who apply for vacant positions listed in the database established under subsection (a) without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code. ``(e) Relocation Bonus.--The Secretary may authorize a relocation bonus, in an amount determined appropriate by the Secretary and subject to the same limitations as in the case of the authority provided under section 5753 of title 5, to any qualified member of the Armed Forces who has accepted a position listed in the database established under subsection (a).''. (4) In subsection (g)(1), as redesignated in paragraph (2), by striking ``subsection (b)'' and inserting ``subsection (g)''. (5) In subsection (h), as redesignated in paragraph (2), by striking ``of this Act'' and inserting ``of the Veterans Serving Veterans Act of 2018, and annually thereafter''. (6) By adding after subsection (h), as redesignated in paragraph (2), the following new subsection: ``(i) Qualified Member of the Armed Forces Defined.--In this section, the term `qualified member of the Armed Forces' means a member of the Armed Forces-- ``(1) described in section 1142(a) of title 10; ``(2) who elects to be listed in the database established under subsection (a); and ``(3) who has been determined by the Secretary, in consultation with the Secretary of Defense, to have a military occupational speciality that corresponds to a vacant position described in subsection (a).''. (b) Implementation Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a plan to implement, including a timeline, section 208 of the VA Choice and Quality Employment Act (Public Law 115-46; 38 U.S.C. 701 note), as amended by this section. SEC. 3. INTERMEDIATE CARE TECHNICIAN TRAINING PROGRAM. (a) Establishment.--The Secretary of Veterans Affairs shall implement a program to train and certify covered veterans to work as intermediate care technicians in the Department of Veterans Affairs. (b) Locations.-- (1) Establishment.--The Secretary shall establish centers at medical facilities of the Department selected by the Secretary for the purposes of carrying out the program under subsection (a). (2) Selection of medical facilities.--In selecting a medical facility of the Department under this subsection to serve as a center, the Secretary shall consider-- (A) the experience and success of the facility in training intermediate care technicians; and (B) the availability of resources of the facility to train intermediate care technicians. (c) Covered Veteran Defined.--In this section, the term ``covered veteran'' means a veteran whom the Secretary determines served as a basic health care technician while serving in the Armed Forces. SEC. 4. NO AUTHORIZATION OF APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out section 208 of the VA Choice and Quality Employment Act (Public Law 115-46; 38 U.S.C. 701 note), as amended by section 2 of this Act, or to carry out section 3 of this Act. Such sections shall be carried out using amounts otherwise authorized to be appropriated for such purpose. SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to be appropriated to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized to be appropriated. Passed the House of Representatives July 24, 2018. Attest: KAREN L. HAAS, Clerk.

Veterans Serving Veterans Act of 2018 This bill amends the VA Choice and Quality Employment Act to name the Department of Veterans Affairs (VA) recruiting database the Departments of Defense and Veterans Affairs Recruitment Database and require that it includes for each vacant position: the military occupational specialty or skill corresponding to the VA position, and each qualified U.S. Armed Forces active-duty member (who elects to be listed in the database) who may be recruited to fill the position. The database shall include the following for each qualified member of the Armed Forces: name, contact information, expected discharge date, and military occupational specialty. The VA shall implement direct hiring and appointment procedures for vacant database positions and may authorize relocation bonuses. The VA shall train and certify veterans who served as basic health care technicians in the Armed Forces to work as VA intermediate care technicians.

Veterans Serving Veterans Act of 2018

SECTION 1. 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 out ``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 3rd sentence the following: ``, and the extent of such deletion shall be indicated on the portion of the record which is made available or published''; (3) by inserting after the 3rd 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 5th sentence the following: ``Each agency shall make the index referred to in subparagraph (E) available by electronic means by December 31, 1999.''; and (7) by inserting after the 1st 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 by computer telecommunications or, if computer telecommunications means have not been established by the agency, by other electronic means.''. SEC. 2. 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 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; ``(G) the average amount of time that the agency estimates as necessary, based on the past experience of the agency, to comply with different types of requests; and ``(H) 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 through a computer network, or if computer network means have not been established by the agency, by other electronic means. ``(3) The Attorney General shall make each report which has been made available by electronic means available at a single electronic access point. The Attorney General 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, 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 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.''.

Amends the Freedom of Information Act to require each Federal agency to make available for public inspection and copying: (1) copies of all records, regardless of form or format, which have become or are likely to become the subject of subsequent requests; (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. Revises reporting requirements concerning such provisions.

To amend section 552 of title 5, United States Code, commonly known as the Freedom of Information Act, to provide for greater efficiency in providing public access to information and to provide for public access to information in an electronic format.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Infertility Research Centers Act of 2002''. SEC. 2. GRANTS AND CONTRACTS FOR RESEARCH CENTERS WITH RESPECT TO INFERTILITY PREVENTION. Subpart 7 of part C of title IV of the Public Health Service Act (42 U.S.C. 285g et seq.) is amended by adding at the end the following new section: ``SEC. 452H. RESEARCH CENTERS WITH RESPECT TO INFERTILITY PREVENTION. ``(a) In General.--The Director of the Institute, after consultation with the advisory council for the Institute, shall make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to conduct activities for the purpose of improving methods of preventing infertility. ``(b) Number of Centers.--In carrying out subsection (a), the Director of the Institute shall, subject to the extent of amounts made available in appropriations Acts, provide for the establishment of two centers with respect to infertility prevention. ``(c) Use of Funds.-- ``(1) In general.--Each center assisted under this section shall, in carrying out the purpose of the center involved-- ``(A) conduct clinical and other applied research, including clinical trials of new or improved drugs and devices for the diagnosis and treatment of infertility in males and females; ``(B) develop protocols for training physicians, scientists, nurses, and other health and allied health professionals; ``(C) conduct training programs for such individuals; ``(D) develop model continuing education programs for such professionals; and ``(E) disseminate information to such professionals and the public. ``(2) Stipends.--A center may use funds provided under subsection (a) to provide stipends for health and allied health professionals enrolled in programs described in subparagraph (C) of paragraph (1), and to provide fees to individuals serving as subjects in clinical trials conducted under such paragraph. ``(d) Coordination.--The Director of the Institute shall, as appropriate, provide for the coordination of information among the centers assisted under this section. ``(e) Facilities.--Each center assisted under subsection (a) shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of the Institute. ``(f) Period of Support.--Support of a center under subsection (a) may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(g) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 and 2005.''. SEC. 3. LOAN REPAYMENT PROGRAM FOR RESEARCH WITH RESPECT TO INFERTILITY PREVENTION. Part F of title IV of the Public Health Service Act (42 U.S.C. 287d et seq.) is amended-- (1) by redesignating the second section 487F (relating to the pediatric research loan repayment program) as section 487G; and (2) by inserting after section 487G (as so redesignated) the following section: ``SEC. 487H. LOAN REPAYMENT PROGRAM FOR RESEARCH WITH RESPECT TO INFERTILITY PREVENTION. ``(a) Establishment.--The Secretary, in consultation with the Director of the National Institute of Child Health and Human Development, shall establish a program of entering into agreements with qualified health professionals (including graduate students) under which such health professionals agree to conduct research with respect to infertility prevention, in consideration of the Federal Government agreeing to repay, for each year of such service, not more than $20,000 of the principal and interest of the educational loans of such health professionals. ``(b) Application of Provisions.--The provisions of sections 338B, 338C, and 338E shall apply to the program established in subsection (a) to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in subpart III of part D of title III. ``(c) Funding.--Amounts appropriated for carrying out this section shall remain available until the expiration of the second fiscal year beginning after the fiscal year for which the amounts were appropriated.''.

Infertility Research Centers Act of 2002 - Amends the Public Health Service Act to mandate grants or contracts for two centers for improving methods of preventing infertility. Requires each center to: (1) conduct clinical and other applied research; (2) develop training protocols and conduct training; (3) develop model continuing education programs; and (4) disseminate information to professionals.Allows funds to be used for: (1) stipends for training program enrollees; and (2) fees to clinical trial subjects.Establishes a program of agreements with health professionals to conduct infertility prevention research in return for the Government repaying the professionals' educational loans.

A bill to amend the Public Health Service Act to provide for the development and operation of centers to conduct research with respect to infertility prevention, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Quality Conservation Act of 2017''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To identify and promote the use of innovative and effective conservation practices. (2) To apply targeted soil and water conservation practices at the watershed, sub-watershed, and field scales. (3) To increase the use of conservation practices by producers. (4) To collect data on how the implementation of precision conservation practices affects soil health, reduces erosion and nutrient runoff of soil, and enhances water quality. SEC. 3. PRECISION CONSERVATION PILOT PROGRAM. (a) Pilot Program Authorized.--Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the following new subsection: ``(j) Precision Conservation Pilot Program.-- ``(1) Pilot program authorized.--The Secretary is authorized to carry out a precision conservation pilot program to provide grants to not more than 10 States to assist producers with projects that-- ``(A) increase nutrient retention in soil; ``(B) reduce soil erosion; ``(C) reduce nutrient loss from soil; ``(D) improve soil health; and ``(E) improve water quality. ``(2) Applications.--To be eligible to receive a grant under paragraph (1), a State shall submit an application at such time, in such manner, and containing such information as the Secretary may require, including a description of how the State will-- ``(A) collaborate with a partnership of entities, which may include State agencies, local governments, institutions of higher education, soil and water conservation districts, producers, Indian tribes, agricultural associations, nonprofit entities, and other relevant entities to carry out precision conservation pilot programs; and ``(B) give priority to assisting producers with projects within critical areas, including-- ``(i) critical conservation areas designated under section 1271F; and ``(ii) critical watersheds, as defined by such State. ``(3) Matching funds.--A State awarded a grant under this subsection shall provide non-Federal funds, including cash and in-kind contributions, in an amount that is at least equal to the amount of such grant. ``(4) Use of funds.--A State awarded a grant under this section may use grant funds only-- ``(A) to educate and recruit agricultural producers to participate in the pilot program; ``(B) to provide technical and financial assistance to producers that elect to participate in a precision conservation pilot program for which the State received a grant under this section to create and implement precision conservation plans; ``(C) to monitor and analyze the effectiveness of such precision conservation plans; and ``(D) to encourage the use of precision agriculture technology to achieve conservation benefits. ``(5) Confidentiality.-- ``(A) In general.--In the case of information furnished by a producer or State in order to facilitate the creation and implementation of a precision conservation plan pursuant to paragraph (4)(B) or comply with the reporting requirements under paragraph (6)(B), the Secretary, any other officer or employee of the Department of Agriculture or agency thereof, or any other person may not-- ``(i) use such information for a purpose other than the development or reporting of aggregate data under paragraphs (6) and (7) in a manner such that the identity of the producer who supplied such information is not discernible and is not material to the intended uses of such information; or ``(ii) disclose the information to any person or any Federal, State, local, or tribal agency outside the Department of Agriculture, unless the information has been converted into a statistical or aggregate form that does not allow the identification of the producer that supplied particular information. ``(B) Rule of construction.--Nothing in this paragraph shall be construed to limit a producer from sharing the information furnished by such producer pursuant to subparagraph (A). ``(6) State reporting.-- ``(A) Reports to producers.--Not later than 1 year after the date on which a State assists a producer with the creation of a precision conservation plan pursuant to paragraph (4)(B), and each year for the succeeding 4 years thereafter, the State shall submit to such producer a report that includes an analysis of the effectiveness of the precision conservation plan for such producer. ``(B) Reports to secretary.-- ``(i) Annual.--Not later than one year after the date on which a State receives grant funds under this section, and each year for the succeeding 3 years thereafter, the State shall submit to the Secretary a report that includes the data used to create, implement, and analyze precision conservation plans pursuant to this subsection. ``(ii) 5-year report.--Not later than 5 years after the date on which a State receives grant funds under this section, the State shall submit to the Secretary a report that includes an analysis of the effectiveness the use of grant funds under this subsection has had in fostering-- ``(I) improved soil health; ``(II) reduced soil erosion and soil runoff; ``(III) improved water quality; ``(IV) improved understanding of the relationship between precision agriculture technology and conservation improvement; and ``(V) the effectiveness of different methods used. ``(7) Soil nutrient retention database.-- ``(A) In general.--The Secretary shall use the data reported under paragraph (6) to establish and maintain a publically available soil nutrient retention database that provides-- ``(i) a compilation and analysis of effective conservation practices for nutrient management in varying soil compositions, cropping systems, slopes, and landscapes; and ``(ii) recommended new and effective conservation practices for nutrient management. ``(B) Funding for database.--The Secretary may reserve up to $75,000 of the funds made available under subsection (f)(3) to carry out this paragraph.''. (b) Allocation of Funding.--Section 1240B(f) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended by adding at the end the following new paragraph: ``(3) Precision conservation pilot program.--For each of fiscal years 2018 through 2022, at least 5 percent of the funds made available for payments under the program shall be targeted for the precision conservation pilot program under subsection (j).''.

Water Quality Conservation Act of 2017 This bill amends the Food Security Act of 1985 to authorize the Department of Agriculture (USDA) to carry out a precision conservation pilot program to provide grants to up to 10 states to assist producers with projects that: increase nutrient retention in soil, reduce soil erosion, reduce nutrient loss from soil, improve soil health, and improve water quality. States that receive grants under the program must use the funds only to: educate and recruit agricultural producers to participate in the program, provide technical and financial assistance to producers that elect to participate in the program, monitor and analyze the effectiveness of precision conservation plans, and encourage the use of precision agriculture technology to achieve conservation benefits. States that receive grants must submit to USDA and producers reports regarding the effectiveness of the conservation plans and grants. USDA must use the data to establish and maintain a publicly available soil nutrient retention database.

Water Quality Conservation Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermediate-Range Nuclear Forces (INF) Treaty Preservation Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) INF treaty.--The term ``INF Treaty'' means the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate- Range and Shorter-Range Missiles, signed at Washington December 8, 1987, and entered into force June 1, 1988. (3) Intelligence community.--The term ``intelligence community'' has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (4) New start treaty.--The term ``New START Treaty'' means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed at Prague April 8, 2010, and entered into force February 5, 2011. (5) Open skies treaty.--The term ``Open Skies Treaty'' means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002. SEC. 3. FINDINGS. Congress makes the following findings: (1) The 2014, 2015, and 2016 Department of State reports entitled, ``Adherence to and Compliance with Arms Control, Nonproliferation, and Disarmament Agreements and Commitments'', all stated that the United States has determined that ``the Russian Federation is in violation of its obligations under the INF Treaty not to possess, produce, or flight-test a ground- launched cruise missile (GLCM) with a range capability of 500 km to 5,500 km, or to possess or produce launchers of such missiles''. (2) The 2016 report also noted that ``the cruise missile developed by Russia meets the INF Treaty definition of a ground-launched cruise missile with a range capability of 500 km to 5,500 km, and as such, all missiles of that type, and all launchers of the type used or tested to launch such a missile, are prohibited under the provisions of the INF Treaty''. (3) Potential consistency and compliance concerns regarding the INF Treaty noncompliant GLCM have existed since 2008, were not officially raised with the Russian Federation until 2013, and were not briefed to the North Atlantic Treaty Organization (NATO) until January 2014. (4) The United States Government is aware of other consistency and compliance concerns regarding Russia actions vis-a-vis its INF Treaty obligations. (5) Since 2013, senior United States officials, including the President, the Secretary of State, and the Chairman of the Joint Chiefs of Staff have raised Russian noncompliance with the INF Treaty to their counterparts, but no progress has been made in bringing the Russian Federation back into compliance with the INF Treaty. (6) In April 2014, General Breedlove, the Supreme Allied Commander Europe, correctly stated, ``A weapon capability that violates the INF, that is introduced into the greater European land mass, is absolutely a tool that will have to be dealt with . . . It can't go unanswered.''. (7) The Department of Defense in its September 2013 report, Report on Conventional Prompt Global Strike Options if Exempt from the Restrictions of the Intermediate-Range Nuclear Forces Treaty Between the United States of America and the Union of Soviet Socialist Republics, stated that it has multiple validated military requirement gaps due to the prohibitions imposed on the United States as a result of its compliance with the INF Treaty. (8) It is not in the national security interests of the United States to be legally prohibited from developing dual- capable ground-launched cruise missiles with ranges between 500 and 5,500 kilometers, while Russia makes advances in developing and fielding this class of weapon systems. (9) A material breach of the INF Treaty by the Russian Federation affords the United States the right to invoke such breach as grounds for suspending the operation of the treaty in whole or in part. SEC. 4. COMPLIANCE ENFORCEMENT REGARDING RUSSIAN VIOLATIONS OF THE INF TREATY. (a) Statement of United States Policy.--It is the policy of the United States as follows: (1) The actions undertaken by the Russian Federation in violation of the INF Treaty constitute a material breach of the treaty. (2) In light of the Russian Federation's material breach of the INF Treaty, the United States is legally entitled to suspend the operation of the INF Treaty in whole or in part for so long as the Russian Federation continues to be in material breach. (3) For so long as the Russian Federation remains in noncompliance with the INF Treaty, the United States should take actions to encourage the Russian Federation return to compliance, including by-- (A) providing additional funds for the capabilities identified in section 1243(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114- 92; 129 Stat. 1062); (B) establishing a program of record pursuant to section 5 for a dual-capable road-mobile ground- launched cruise missile system with a maximum range of 5,500 kilometers; and (C) aggressively seeking additional missile defense assets in the European theater to protect United States and NATO forces from ground-launched missile systems of the Russian Federation that are in noncompliance with the INF Treaty. (b) Authorization of Additional Appropriations.-- (1) In general.--In addition to any other amounts authorized to be appropriated for such purposes, there is authorized to be appropriated $500,000,000 for fiscal year 2018 for-- (A) the development of active defenses to counter ground-launched missile systems with ranges between 500 and 5,500 kilometers; (B) counterforce capabilities to prevent attacks from these missiles; (C) facilitating the acquisition and transfer to allied countries of missile systems with ranges between 500 and 5,500 kilometers; and (D) countervailing strike capabilities to enhance the capabilities of the United States identified in section 1243(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1062). (2) Development.--Of the amount authorized to be appropriated by paragraph (1), $100,000,000 is authorized to be appropriated for activities undertaken to carry out section 5, including with respect to research and development activities. (3) Offset.--Notwithstanding the amounts otherwise authorized to be appropriated for the National Nuclear Security Administration for Defense Nuclear Nonproliferation for fiscal year 2018, such authorization of amounts is hereby reduced by $500,000,000. SEC. 5. DEVELOPMENT OF INF RANGE GROUND-LAUNCHED MISSILE SYSTEM. (a) Establishment of a Program of Record.--The Secretary of Defense shall establish a program of record to develop a dual-capable road- mobile ground-launched cruise missile system with a range of between 500 to 5,500 kilometers. The Secretary shall ensure that such system is capable of achieving a flight test by not later than one year after the date of the enactment of this Act. (b) Report.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the cost, schedule, and feasibility to modify the tomahawk, standard missile-3, standard missile-6, long-range standoff cruise missile, and Army tactical missile system missiles for ground launch with a range of between 500 and 5,500 kilometers in order to provide any of the capabilities identified in section 1243(d) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1062). SEC. 6. NOTIFICATION REQUIREMENT RELATED TO RUSSIAN FEDERATION DEVELOPMENT OF NONCOMPLIANT SYSTEMS. Not later than 15 days after the date of the enactment of this Act, and every 90 days thereafter during the five-year period beginning on such date of enactment, the Director of National Intelligence shall submit to the appropriate congressional committees and the President a report that includes a determination of each of the following: (1) Whether the Russian Federation has flight tested, produced, or possesses a system that is inconsistent with the INF Treaty. (2) Whether the Russian Federation possesses a system that meets the requirements for initial operational capability that is inconsistent with the INF Treaty. (3) Whether the Russian Federation has deployed, or is about to deploy, a system that is inconsistent with the INF Treaty. SEC. 7. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN ACTIVITIES. None of the funds authorized to be appropriated or otherwise made available for fiscal year 2018 or any other fiscal year for the Department of Defense may be obligated or expended to extend the implementation of the New START Treaty for any year after 2021, permit flights by the Russian Federation over the United States or it allies pursuant to the Open Skies Treaty, or permit the approval of new or updated implementation decisions of the Open Skies Consultative Commission pursuant to Article X of the Open Skies Treaty, or any license or authorization to export any item or technology to a person or entity in the Russian Federation unless the President certifies to the appropriate congressional committees that the Russian Federation has verifiably eliminated all missiles that are in violation of or may be inconsistent with the INF Treaty. SEC. 8. REPORT ON ANTI-AIR WARFARE DEFENSE CAPABILITY. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the number and location of Aegis Ashore sites with anti-air warfare capability necessary in Asia and Europe to defend deployed forces of the United States and United States allies from Russian ground-launched missile systems with a range of 500 to 5,500 kilometers. SEC. 9. REVIEW OF RS-26 BALLISTIC MISSILE. (a) In General.--The Secretary of State, in consultation with the Secretary of Defense and the Director of National Intelligence, shall conduct a review of the RS-26 ballistic missile of the Russian Federation. (b) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the review conducted under subsection (a). The report shall include-- (1) a determination whether the RS-26 ballistic missile is covered under the New START Treaty or is a violation of the INF Treaty because Russia has flight-tested such missile to ranges covered by the INF Treaty in more than one warhead configuration; and (2) if the Secretary determines that the RS-26 ballistic missile is covered under the New START Treaty, a determination whether the Russian Federation-- (A) has agreed through the Bilateral Consultative Commission that such a system is limited under the New START Treaty central limits; and (B) has agreed to an exhibition of such a system. (c) Effect of Determination.--If the Secretary of State, with the concurrence of the Secretary of Defense and the Director of National Intelligence, determines that the RS-26 ballistic missile is covered under the New START Treaty and that the Russian Federation has not taken the steps described under subsection (b)(2), the United States Government shall consider for purposes of all policies and decisions that the RS-26 ballistic missile of the Russian Federation is a violation of the INF Treaty. SEC. 10. UNITED STATES ACTIONS REGARDING MATERIAL BREACH OF INF TREATY BY THE RUSSIAN FEDERATION. (a) Declaration of Policy.--Congress declares that because of the Russian Federation's violations of the INF Treaty, including the flight-test, production, and possession of prohibited systems, its actions have defeated the object and purpose of the INF Treaty, and thus constitute a material breach of the INF Treaty. (b) Report.--Not later than 15 months after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains a determination of the President of whether the Russian Federation has flight-tested, produced, or is in possession of a ground-launched cruise missile or ground-launched ballistic missile with a range of between 500 and 5,500 kilometers during each of the four consecutive 90-day periods beginning on the date of the enactment of this Act. (c) United States Actions.--If the determination of the President contained in the report required to be submitted under subsection (b) is that the Russian Federation has flight-tested, produced, or is in possession of any missile described in subsection (b) during each of the periods described in subsection (b), the President shall-- (1) suspend the application of the INF Treaty with respect to the United States; and (2) notify the other state parties to the INF Treaty that the Russian Federation is in material breach of the INF Treaty and of the decision of the United States to suspend the application of the INF Treaty with respect to the United States.

Intermediate-Range Nuclear Forces (INF) Treaty Preservation Act of 2017 This bill states U.S. policy that: (1) Russian actions in violation of the the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of their Intermediate-Range and Shorter-Range Missiles (INF treaty) constitute a material breach, (2) the United States is legally entitled to suspend the treaty, and (3) the United States should take certain actions to bring Russia into compliance. The bill authorizes additional appropriations for: (1) development of active defenses to counter ground launched missile systems, (2) counterforce and countervailing capabilities, and (3) missile system transfers to allied countries. The Department of Defense shall: (1) establish a program to develop a dual-capable road-mobile ground-launched cruise missile system with a range of 500 to 5,500 kilometers; (2) report on the feasibility of modifying the tomahawk, standard missile-3, standard missile-6, long-range stand off cruise missile, and Army tactical missile for ground-launch with such range; and (3) report on the AEGIS Ashore sites with anti-air warfare capability necessary in Asia and Europe to defend U.S. forces and allies from Russian ground launched missile systems. The Director of National Intelligence, every 90 days for five years, shall determine whether Russia has flight tested, produced, or possesses a system that is inconsistent with the treaty and that has reached initial operational capability and is, or is about to be, deployed. No funds may be obligated or expended to extend the New START Treaty after 2021, permit Russian flights over the United States or U.S. allies pursuant to the Open Skies Treaty, permit the approval of new implementation decisions through the Open Skies Consultative Commission, or approve any license to export an item or technology to a Russian person or entity unless the President certifies that Russia has eliminated all missiles that are in violation of, or inconsistent with, the INF treaty. The Department of State shall conduct a review of Russia's RS-26 ballistic missile system. Upon a determination that Russia has flight-tested, produced, or is in possession of certain missiles, the President shall suspend the application of the INF treaty to the United States and notify the other state parties to the treaty of Russia's material breach of, and the U.S. decision to suspend, the treaty.

Intermediate-Range Nuclear Forces (INF) Treaty Preservation Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Tribal Development Corporation Feasibility Study Act of 2004''. SEC. 2. FEASIBILITY STUDY. Section 4(b) of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4303(b)) is amended-- (1) by redesignating paragraph (6) as paragraph (7); and (2) by inserting after paragraph (5) the following: ``(6) Tribal development corporation feasibility study.-- ``(A) In general.--The Secretary shall establish the Tribal Development Corporation Feasibility Study Group (referred to in this paragraph as the `Group'). ``(B) Members.--The Group shall be comprised of 12 members, as follows: ``(i) Representatives of indian tribes.-- Five members of the Group shall be representatives of federally recognized Indian tribes. ``(ii) Representatives of the alaska native community.--Three members of the Group shall be representatives of the Alaska Native Community. ``(iii) Representative of the native hawaiian community.--One member of the Group shall be a representative of the Native Hawaiian Community. ``(iv) Representative of the private sector.--Two members of the Group shall be representatives of nongovernmental economic activities carried out by private enterprises in the private sector. ``(v) Federal officials.--One member of the Group shall be a representative of the Department of the Treasury with demonstrated experience in international economic development and international financial institutions. ``(C) Chairperson.--The members of the Group shall select a Chairperson. ``(D) Personnel and services.-- ``(i) In general.--The Chairperson of the Group may appoint and terminate such personnel as are necessary to enable the Group to perform its duties. ``(ii) Procurement of services.--The Chairperson may procure such services as are necessary to enable the Group to perform the duties of the Group. ``(E) Study.-- ``(i) In general.--Not later than 270 days after the date of enactment of this subparagraph, the Group shall-- ``(I) conduct a study to determine the feasibility of establishing an Indian Tribal Development Corporation (referred to in this subparagraph as the `Corporation'); and ``(II) submit to the Committee on Indian Affairs and the Committee on Appropriations of the Senate and the Committee on Resources and the Committee on Appropriations of the House of Representatives a report that describes the results of the study and any recommendations of the Group for further legislative action. ``(ii) Contents.--The report shall contain-- ``(I) a discussion and determination of the financial feasibility of the Corporation, including whether the Corporation can be, over the long term, financially self-sustainable; ``(II) a discussion and determination of the probable economic impact of the Corporation, including a demonstration of the quantitative and qualitative economic impact on Native American communities; ``(III) a discussion and determination of the best alternatives in the structure, organization, and lending terms and conditions of the Corporation, including the most appropriate structure of capital contributions to best serve, and be acceptable to, Native interests; ``(IV) a discussion and determination of the basic terms and conditions under which funding would be provided to member Indian tribes; ``(V) a discussion of nonfinancial and advisory activities to be undertaken by the Corporation, including the use of diagnostic studies by the Corporation to-- ``(aa) identify tribal, Federal, or State policies and legal and regulatory conditions and infrastructure deficiencies that impede investment, both private and public, needed to promote economic development; ``(bb) provide specific recommendations for remedial actions that can be undertaken by an Indian tribe to overcome such inhibitors of investment; and ``(cc) identify and establish the terms for pre- appraisal studies of investment opportunities, both private and public, that can be developed and promoted by an Indian tribe; and ``(VI) a discussion and determination of-- ``(aa) the capital structure of the Corporation, including the optimal level of initial capital contributions by both Indian tribes and the United States Government; and ``(bb) the financial instruments that will be required by the Corporation to ensure its success. ``(F) Termination of study group.--The Group shall terminate 120 days after the date on which the Group submits the report under subparagraph (E). ``(G) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph-- ``(i) $3,000,000 for fiscal year 2005; and ``(ii) $2,000,000 for fiscal year 2006.''. Passed the Senate November 19, 2004. Attest: EMILY J. REYNOLDS, Secretary.

Indian Tribal Development Corporation Feasibility Study Act of 2004 - Amends the Native American Business Development, Trade Promotion, and Tourism Act of 2000 to direct the Secretary of Commerce to establish the Tribal Development Corporation Feasibility Study Group to study and report to Congress on the feasibility of establishing an Indian Tribal Development Corporation. Authorizes appropriations for FY 2005 and 2006.

A bill to determine the feasibility of establishing an Indian Tribal Development Corporation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Insurance Fairness Act''. SEC. 2. PREMIUMS FOR MORTGAGE INSURANCE. (a) In General.--Paragraph (3) of section 163(h) of the Internal Revenue Code of 1986 (relating to qualified residence interest) is amended by adding after subparagraph (D) the following new subparagraph: ``(E) Mortgage insurance premiums treated as interest.-- ``(i) In general.--Premiums paid or accrued for qualified mortgage insurance by a taxpayer during the taxable year in connection with acquisition indebtedness with respect to a qualified residence of the taxpayer shall be treated for purposes of this subsection as qualified residence interest. ``(ii) Phaseout.--The amount otherwise allowable as a deduction under clause (i) shall be reduced (but not below zero) by 10 percent of such amount for each $1,000 ($500 in the case of a married individual filing a separate return) (or fraction thereof) that the taxpayer's adjusted gross income for the taxable year exceeds $100,000 ($50,000 in the case of a married individual filing a separate return).''. (b) Definition and Special Rules.--Paragraph (4) of section 163(h) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following new subparagraphs: ``(E) Qualified mortgage insurance.--The term `qualified mortgage insurance' means-- ``(i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration, or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subparagraph). ``(F) Special rules for prepaid qualified mortgage insurance.--Any amount paid by the taxpayer for qualified mortgage insurance that is properly allocable to any mortgage the payment of which extends to periods that are after the close of the taxable year in which such amount is paid shall be chargeable to capital account and shall be treated as paid in such periods to which so allocated. No deduction shall be allowed for the unamortized balance of such account if such mortgage is satisfied before the end of its term. The preceding sentences shall not apply to amounts paid for qualified mortgage insurance provided by the Veterans Administration or the Rural Housing Administration.''. SEC. 3. INFORMATION RETURNS RELATING TO MORTGAGE INSURANCE. Section 6050H of the Internal Revenue Code of 1986 (relating to returns relating to mortgage interest received in trade or business from individuals) is amended by adding at the end the following new subsection: ``(h) Returns Relating to Mortgage Insurance Premiums.-- ``(1) In general.--The Secretary may prescribe, by regulations, that any person who, in the course of a trade or business, receives from any individual premiums for mortgage insurance aggregating $600 or more for any calendar year, shall make a return with respect to each such individual. Such return shall be in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe. ``(2) Statement to be furnished to individuals with respect to whom information is required.--Every person required to make a return under paragraph (1) shall furnish to each individual with respect to whom a return is made a written statement showing such information as the Secretary may prescribe. Such written statement shall be furnished on or before January 31 of the year following the calendar year for which the return under paragraph (1) was required to be made. ``(3) Special rules.--For purposes of this subsection-- ``(A) rules similar to the rules of subsection (c) shall apply, and ``(B) the term `mortgage insurance' means-- ``(i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration, or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subsection).''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to amounts paid or accrued after the date of enactment of this Act in taxable years ending after such date.

Mortgage Insurance Fairness Act - Amends the Internal Revenue Code to treat mortgage insurance premium payments as tax deductible interest. Phases out the deduction for taxpayers with adjusted gross incomes exceeding $100,000.

A bill to amend the Internal Revenue Code of 1986 to allow a deduction for premiums on mortgage insurance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Yellowstone Reclamation Projects Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Diversion works.--The term ``Diversion Works'' means the land in the N\1/2\NW\1/4\ of Sec. 36, T.18N., R.56E. P. M., Montana, and the diversion dam structure, canal headworks structure, and the first section of the main canal, all contained therein. (2) Intake irrigation district.--The term ``Intake Irrigation District'' means the irrigation district by that name that is organized under the laws of the State of Montana and operates the Intake Project. (3) Intake project.--The term ``Intake Project'' means the Federal irrigation feature operated by the Intake Irrigation District and authorized under the Act of August 11, 1939 (chapter 717; 53 Stat. 1418). (4) Irrigation districts.--The term ``irrigation districts'' means-- (A) the Intake Irrigation District; (B) the Lower Yellowstone Irrigation District No. 1; (C) the Lower Yellowstone Irrigation District No. 2; and (D) the Savage Irrigation District. (5) Lower yellowstone irrigation district no. 1.--The term ``Lower Yellowstone Irrigation District No. 1'' means the irrigation district by that name that is organized under the laws of the State of Montana and operates the part of the Lower Yellowstone Irrigation Project located in the State of Montana. (6) Lower yellowstone irrigation district no. 2.--The term ``Lower Yellowstone Irrigation District No. 2'' means the irrigation district by that name that is organized under the laws of the State of North Dakota and operates the part of the Lower Yellowstone Irrigation Project located in the State of North Dakota. (7) Lower yellowstone irrigation project.--The term ``Lower Yellowstone Irrigation Project'' means the Federal irrigation feature operated by Lower Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation District No. 2 and authorized by the Act of June 17, 1902 (chapter 1093; 32 Stat. 388). (8) Memorandum of understanding.--The term ``Memorandum of Understanding'' means the memorandum of understanding dated November 16, 1999, and any subsequent replacements or amendments between the Districts and the Montana Area Office, Great Plains Region, Bureau of Reclamation, for the purpose of defining certain principles by which the title to the projects will be transferred from the United States to the districts. (9) Pick-sloan missouri basin program.--The term ``Pick- Sloan Missouri Basin Program'' means the comprehensive Federal program for multipurpose benefits within the Missouri River Basin, including irrigation authorized by section 9 of the Act of December 22, 1944, commonly known as the ``Flood Control Act of 1944'' (chapter 665; 58 Stat. 891). (10) Pick-sloan missouri basin program project use power.-- The term ``Pick-Sloan Missouri Basin Program Project Use Power'' means power available for establishing and maintaining the irrigation developments of the Pick-Sloan Missouri Basin Program. (11) Projects.--The term ``Projects'' means-- (A) the Lower Yellowstone Irrigation Project; (B) the Intake Irrigation Project; and (C) the Savage Unit. (12) Savage irrigation district.--The term ``Savage Irrigation District'' means the irrigation district by that name that is organized under the laws of the State of Montana and operates the Savage Unit. (13) Savage unit.--The term ``Savage Unit'' means the Savage Unit of the Pick-Sloan Missouri Basin Program, a Federal irrigation development authorized by the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (chapter 665; 58 Stat. 891). (14) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF PROJECTS. (a) Conveyances.-- (1) General.--As soon as practicable after the date of enactment of this Act, the Secretary shall convey works, facilities, and lands of the Projects to the Irrigation Districts in accordance with all applicable laws and pursuant to the terms of the Memorandum of Understanding. The conveyance shall take place in two stages, the first stage to include all conveyances under this Act except Diversion Works and the second stage to convey the Diversion Works. (2) Lands.-- (A) General.--All lands, easements, and rights-of- way the United States possesses that are to be conveyed by the Secretary to the respective irrigation districts shall be conveyed by quitclaim deed. Conveyance of such lands, easements, and rights-of-way is subject to permits, licenses, leases, rights-of-use, or right-of-way of record outstanding in third parties on, over, or across such lands, easements, and rights-of-way. (B) Mineral rights.--Conveyance of all lands herein described shall be subject to a reservation by the United States reserving all minerals of a nature whatsoever, excluding sand and gravel, and subject to oil, gas, and other mineral rights heretofore reserved of record by or in favor of third parties. (3) Water rights.--The Secretary shall transfer to the respective Irrigation Districts in accordance with and subject to the law of the State of Montana, all natural flow, wastewater, seepage, return flow, domestic water, stock water, and groundwater rights held in part or wholly in the name of the United States that are used to serve the lands within the Irrigation Districts. (4) Costs.-- (A) Reclamation withdrawn lands.--The Irrigation Districts shall purchase Reclamation withdrawn lands as identified in the Memorandum of Understanding for their value in providing operation and maintenance benefits to the Irrigation Districts. (B) Savage unit repayment obligations.-- (i) Savage irrigation district.--As a condition of transfer, the Secretary shall receive an amount from the Savage Irrigation District equal to the present value of the remaining water supply repayment obligation of $60,480 that shall be treated as full payment under Contract Number I1r-1525, as amended and as extended by Contract No. 9-07-60-WO770. (ii) Pick-sloan missouri basin program construction obligation.--As a condition of transfer, the Secretary shall accept $94,727 as payment from the Pick-Sloan Missouri Basin Program (Eastern Division) power customers under the terms specified in this section, as consideration for the conveyance under this subsection. This payment shall be out of the receipts from the sale of power from the Pick- Sloan Missouri Basin Program (Eastern Division) collected by the Western Area Power Administration and deposited into the Reclamation fund of the Treasury in fiscal year 2003. This payment shall be treated as full and complete payment by the power customers of the construction aid-to-irrigation associated with the facilities of the Savage Unit. (b) Revocation of Reclamation Withdrawals and Orders.-- (1) The Reclamation withdrawal established by Public Land Order 4711 dated October 6, 1969, for the Lower Yellowstone Irrigation Project in lots 1 and 2, section 3, T.23N., R. 59 E., is hereby revoked in its entirety. (2) The Secretarial Order of March 22, 1906, which was issued for irrigation works on lots 3 and 4 section 2, T. 23N., R. 59E., and Secretarial Order of August 8, 1905, which was issued for irrigation works in section 2, T. 17 N., R. 56 E. and section 6, T. 17 N., R. 57 E., are hereby revoked in their entirety. (3) The Secretarial Order of August 24, 1903, and July 27, 1908, which were issued in connection with the Lower Yellowstone Irrigation Project, are revoked insofar as they affect the following lands: (A) Lot 9 of Sec. 2 and lot 2 of Sec. 30, T.18N., R.57E.; lot 3 of Sec. 4, T.19N., R.58E.; lots 2 and 3 and 6 and 7 of Sec. 12, T.21N, R.58E.; SW\1/4\NW\1/4\ of Sec. 26, T.22N., R58E; lots 1 and 4 and 7 and NW\1/ 4\SW\1/4\ of Sec. 20, T.22N., R.59E.; SE\1/4\NE\1/4\ of Sec. 13, T.23N., R.59E.; and lot 2 of Sec. 18, T.24N., R.60E.; all in the Principal Meridian, Montana. (B) Lot 8 of Sec. 2 and lot 1 and lot 2 and lot 3 and NE\1/4\NE\1/4\ of Sec. 10 and lot 2 of Sec. 11 and lot 6 of Sec. 18 and lot 3 of Sec. 35, T.151N., R.104W.; and lot 7 of Sec. 28, T.152N., R.104W.; all in the Fifth Principal Meridian, North Dakota. SEC. 4. REPORT. If the conveyance under this Act has not occurred within 2 years after the date of the enactment of this Act for the first stage conveyances as provided in section 3, and 5 years after the date of the enactment of this Act for the second stage conveyances as provided in section 3, the Secretary shall provide a report to the Committee on Resources of the House of Representatives and the Committee on Energy and Resources of the Senate on the status of the transfer and anticipated completion date. SEC. 5. RECREATION MANAGEMENT. As a condition of the Conveyance of lands under section 3, the Secretary shall require that Lower Yellowstone Irrigation District No. 1 and Lower Yellowstone Irrigation District No. 2 convey a perpetual conservation easement to the State of Montana, at no cost to the State, for the purposes of protecting, preserving, and enhancing the conservation values and permitting recreation on Federal lands in part to be conveyed under this Act. Lower Yellowstone Irrigation District No 1, Lower Yellowstone Irrigation District No. 2, and the State of Montana have mutually agreed upon such conservation easement. SEC. 6. PROJECT PUMPING POWER. The Secretary shall sustain the irrigation developments established by the Lower Yellowstone and Intake Projects and the Savage Unit as components of the irrigation plan under the Pick-Sloan Missouri River Basin Program and shall continue to provide the Irrigation Districts with Pick-Sloan Missouri River Basin Project Use power at the Irrigation Districts' pumping plants, except that the rate shall be at the preference power rate and there shall be no ability-to-pay adjustment. SEC. 7. YELLOWSTONE RIVER FISHERIES PROTECTION. (a) General.--The Secretary, prior to the transfer of title of the Diversion Works and in cooperation with the Irrigation Districts, shall provide fish protection devices to prevent juvenile and adult fish from entering the Main Canal of the Lower Yellowstone Irrigation Project and allow bottom dwelling fish species to migrate above the Project's Intake Diversion Dam. (b) Participation.--The Secretary and the Irrigation District shall work cooperatively in planning, engineering, and constructing the fish protection devices. (c) Construction Schedule.--Construction of Fish Protection Devices shall be completed within 2 years after the date of enactment of this Act. (d) Monitoring.--The Secretary, acting through the Commissioner of the Bureau of Reclamation and the Director of the United States Fish and Wildlife Service, prior to the transfer of title of the Diversion Works, shall establish and conduct a monitoring plan to measure the effectiveness of the devices for a period of 2 years after construction is completed. (e) Modifications.--The Commissioner of the Bureau of Reclamation, prior to the transfer of title of the Diversion Works, shall be responsible to modify the devices as necessary to ensure proper functioning. All modifications shall be completed within 3 years after the devices were initially constructed. (f) Costs.--Costs incurred in planning, engineering, constructing, monitoring, and modifying all fish protection devices shall be deemed nonreimbursable. (g) Operation, Maintenance, and Replacements Responsibility.-- Following completion of monitoring and modifications required under this section, the Irrigation Districts shall operate, maintain, and replace the fisheries protection devices in a manner to ensure proper functioning. (h) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to implement this section. SEC. 8. RELATIONSHIP WITH OTHER LAWS AND FUTURE BENEFITS. Upon conveyance of the projects under this Act, the Irrigation Districts shall not be subject to the Reclamation laws or entitled to receive any Reclamation benefits under those laws except as provided in section 6. SEC. 9. LIABILITY. Effective on the date of conveyance of a project under this Act, the United States shall not be liable under any State or Federal law for damages of any kind arising out of any act, omission, or occurrence relating to the projects, except for damages caused by acts of negligence committed by the United Stated or by its employees, agents, or contractors prior to the date of this conveyance. Nothing in this section shall be considered to increase the liability of the United States beyond that currently provided in chapter 171 of title 28, United States Code, popularly known as the Federal Tort Act. SEC. 10. COMPLIANCE WITH LAWS. As a condition of the Conveyances under section 3, the Secretary shall by no later than the date on which the conveyances occur complete appropriate analyses of the transfer in compliance with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and other applicable laws.

Lower Yellowstone Reclamation Projects Conveyance Act - Directs the Secretary of the Interior to convey the works, facilities, and lands of the Lower Yellowstone Irrigation Project, the Intake Irrigation Project in Montana, and the Savage Unit of the Pick-Sloan Missouri Basin Program to the Lower Yellowstone Irrigation Districts No. 1 (Montana) and No. 2 (North Dakota), the Intake Irrigation District (Montana), and the Savage Irrigation District (Montana), respectively, pursuant to the terms of the Memorandum of Understanding of November 16, 1999, between the Districts and the Bureau of Reclamation. Requires: (1) all conveyances under this Act, except the Diversion Works (land and the diversion dam structure, canal headworks, and first section of the mail canal) to be conveyed in the first stage; and (2) the Diversion Works to be conveyed in the second stage..Requires the Districts to buy Reclamation withdrawn lands as identified in the Memorandum for their value in providing operation and maintenance benefits.Requires the Secretary to accept: (1) an amount equal to the present value of the remaining water supply repayment obligation from the Savage Irrigation District as full payment of such District's share of the construction of the Savage Unit; and (2) a specified amount from the Pick Sloan Missouri Basin Program (Eastern Division) power customers as full payment for the construction aid-to-irrigation associated with Unit facilities.Conditions the conveyance on the Lower Yellowstone Irrigation Districts conveying a perpetual conservation easement to the State of Montana for the purposes of protecting, preserving, and enhancing the conservation values and permitting recreation on Federal lands in part to be conveyed under this Act. Sets forth requirements regarding: (1) continuation of Pick-Sloan Program irrigation components and pumping power service; and (2) Yellowstone River fisheries protection.

A bill to convey the Lower Yellowstone Irrigation Project, the Savage Unit of the Pick-Sloan Missouri Basin Program, and the Intake Irrigation Project to the pertinent irrigation districts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Neurological Diseases Surveillance System Act of 2010''. SEC. 2. NATIONAL NEUROLOGICAL DISEASES SURVEILLANCE SYSTEM. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-5 SURVEILLANCE OF NEUROLOGICAL DISEASES. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(1) enhance and expand infrastructure and activities to track the epidemiology of neurological diseases, including multiple sclerosis and Parkinson's disease; and ``(2) incorporate information obtained through such activities into a statistically-sound, scientifically-credible, integrated surveillance system, to be known as the National Neurological Diseases Surveillance System. ``(b) Research.--The Secretary shall ensure that the National Neurological Diseases Surveillance System is designed in a manner that facilitates further research on neurological diseases. ``(c) Content.--In carrying out subsection (a), the Secretary-- ``(1) shall provide for the collection and storage of information on the incidence and prevalence of neurological diseases in the United States; ``(2) to the extent practicable, shall provide for the collection and storage of other available information on neurological diseases, such as information concerning-- ``(A) demographics and other information associated or possibly associated with neurological diseases, such as age, race, ethnicity, sex, geographic location, and family history; ``(B) risk factors associated or possibly associated with neurological diseases, including genetic and environmental risk factors; and ``(C) diagnosis and progression markers; ``(3) may provide for the collection and storage of information relevant to analysis on neurological diseases, such as information concerning-- ``(A) the epidemiology of the diseases; ``(B) the natural history of the diseases; ``(C) the prevention of the diseases; ``(D) the detection, management, and treatment approaches for the diseases; and ``(E) the development of outcomes measures; and ``(4) may address issues identified during the consultation process under subsection (d). ``(d) Consultation.--In carrying out this section, the Secretary shall consult with individuals with appropriate expertise, including-- ``(1) epidemiologists with experience in disease surveillance or registries; ``(2) representatives of national voluntary health associations that-- ``(A) focus on neurological diseases, including multiple sclerosis and Parkinson's disease; and ``(B) have demonstrated experience in research, care, or patient services; ``(3) health information technology experts or other information management specialists; ``(4) clinicians with expertise in neurological diseases; and ``(5) research scientists with experience conducting translational research or utilizing surveillance systems for scientific research purposes. ``(e) Grants.--The Secretary may award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this section. ``(f) Coordination With Other Federal Agencies.--Subject to subsection (h), the Secretary shall make information and analysis in the National Neurological Diseases Surveillance System available, as appropriate, to Federal departments and agencies, such as the National Institutes of Health, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the Department of Veterans Affairs, and the Department of Defense. ``(g) Public Access.--Subject to subsection (h), the Secretary shall make information and analysis in the National Neurological Diseases Surveillance System available, as appropriate, to the public, including researchers. ``(h) Privacy.--The Secretary shall ensure that privacy and security protections applicable to the National Neurological Diseases Surveillance System are at least as stringent as the privacy and security protections under HIPAA privacy and security law (as defined in section 3009(a)(2)). ``(i) Report.--Not later than 4 years after the date of the enactment of this section, the Secretary shall submit a report to the Congress concerning the implementation of this section. Such report shall include information on-- ``(1) the development and maintenance of the National Neurological Diseases Surveillance System; ``(2) the type of information collected and stored in the System; ``(3) the use and availability of such information, including guidelines for such use; and ``(4) the use and coordination of databases that collect or maintain information on neurological diseases. ``(j) Definition.--In this section, the term `national voluntary health association' means a national nonprofit organization with chapters, other affiliated organizations, or networks in States throughout the United States. ``(k) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2012 through 2016.''. Passed the House of Representatives September 28, 2010. Attest: LORRAINE C. MILLER, Clerk.

National Neurological Diseases Surveillance System Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) enhance and expand infrastructure and activities to track the epidemiology of neurological diseases, including multiple sclerosis and Parkinson's disease; and (2) incorporate information obtained through such activities into a National Neurological Diseases Surveillance System. Requires the Secretary to ensure that the System is designed in a manner that facilitates further research on neurological diseases. Requires the Secretary to provide for the collection and storage of information on the incidence and prevalence of neurological diseases in the United States and other information on neurological diseases, such as demographics information, risk factors, or diagnosis and progression markers. Authorizes the Secretary to: (1) provide for the collection and storage of information relevant to analysis on neurological diseases, such as information concerning the epidemiology, natural history, prevention, detection, management, and treatment of the diseases and the development of outcomes measures; and (2) address issues identified through consultations with individuals with appropriate expertise. Authorizes the Secretary to award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this Act. Requires the Secretary to: (1) make information and analysis in the System available to federal agencies and to the public, including researchers; and (2) ensure that privacy and security protections applicable to the System are at least as stringent as the health privacy and security protections under current federal law. Sets forth reporting requirements. Authorizes appropriations for FY2012-FY2016.

To amend the Public Health Service Act to provide for the establishment of permanent national surveillance systems for multiple sclerosis, Parkinson's disease, and other neurological diseases and disorders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Financial Management Improvement Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Much effort has been devoted to strengthening Federal internal accounting controls in the past. Although progress has been made in recent years, Federal accounting standards have not been uniformly implemented in financial management systems for agencies. (2) Federal financial management continues to be seriously deficient, and Federal financial management and fiscal practices have failed to-- (A) identify costs fully; (B) reflect the total liabilities of congressional actions; and (C) accurately report the financial condition of the Federal Government. (3) Current Federal accounting practices do not accurately report financial results of the Federal Government or the full costs of programs and activities. The continued use of these practices undermines the Government's ability to provide credible and reliable financial data and encourages already widespread Government waste, and will not assist in achieving a balanced budget. (4) Waste and inefficiency in the Federal Government undermine the confidence of the American people in the Government and reduce the Federal Government's ability to address vital public needs adequately. (5) To rebuild the accountability and credibility of the Federal Government, and restore public confidence in the Federal Government, agencies must incorporate accounting standards and reporting objectives established for the Federal Government into their financial management systems so that all the assets and liabilities, revenues, and expenditures or expenses, and the full costs of programs and activities of the Federal Government can be consistently and accurately recorded, monitored, and uniformly reported throughout the Federal Government. (6) Since its establishment in October 1990, the Federal Accounting Standards Advisory Board (hereinafter referred to as the ``FASAB'') has made substantial progress toward developing and recommending a comprehensive set of accounting concepts and standards for the Federal Government. When the accounting concepts and standards developed by FASAB are incorporated into Federal financial management systems, agencies will be able to provide cost and financial information that will assist the Congress and financial managers to evaluate the cost and performance of Federal programs and activities, and will therefore provide important information that has been lacking, but is needed for improved decisionmaking by financial managers and the Congress. (7) The development of financial management systems with the capacity to support these standards and concepts will, over the long term, improve Federal financial management. (b) Purposes.--The purposes of this Act are to-- (1) provide for consistency of accounting by an agency from one fiscal year to the next, and uniform accounting standards throughout the Federal Government; (2) require Federal financial management systems to support full disclosure of Federal financial data, including the full costs of Federal programs and activities, to the citizens, the Congress, the President, and agency management, so that programs and activities can be considered based on their full costs and merits; (3) increase the accountability and credibility of Federal financial management; (4) improve performance, productivity and efficiency of Federal Government financial management; (5) establish financial management systems to support controlling the cost of Federal Government; (6) build upon and complement the Chief Financial Officers Act of 1990 (Public Law 101-576; 104 Stat. 2838), the Government Performance and Results Act of 1993 (Public Law 103- 62; 107 Stat. 285), and the Government Management Reform Act of 1994 (Public Law 103-356; 108 Stat. 3410); and (7) increase the capability of agencies to monitor execution of the budget by more readily permitting reports that compare spending of resources to results of activities. SEC. 3. IMPLEMENTATION OF FEDERAL FINANCIAL MANAGEMENT IMPROVEMENTS. (a) In General.--Each agency shall implement and maintain financial management systems that comply with Federal financial management systems requirements, applicable Federal accounting standards, and the United States Government Standard General Ledger at the transaction level. (b) Priority.--Each agency shall give priority in funding and provide sufficient resources to implement this Act. (c) Audit Compliance Finding.-- (1) In general.--Each audit required by section 3521(e) of title 31, United States Code, shall report whether the agency financial management systems comply with the requirements of subsection (a). (2) Content of reports.--When the person performing the audit required by section 3521(e) of title 31, United States Code, reports that the agency financial management systems do not comply with the requirements of subsection (a), the person performing the audit shall include in the report on the audit-- (A) the name and position of any officer or employee responsible for the financial management systems that have been found not to comply with the requirements of subsection (a); (B) all facts pertaining to the failure to comply with the requirements of subsection (a), including-- (i) the nature and extent of the noncompliance; (ii) the primary reason or cause of the noncompliance; (iii) any official responsible for the noncompliance; and (iv) any relevant comments from any responsible officer or employee; and (C) a statement with respect to the recommended remedial actions and the timeframes to implement such actions. (d) Compliance Determination.-- (1) In general.--No later than the date described under paragraph (2), the Director, acting through the Controller of the Office of Federal Financial Management, shall determine whether the financial management systems of an agency comply with the requirements of subsection (a). Such determination shall be based on-- (A) a review of the report on the applicable agency-wide audited financial statement; (B) the agency comments on such report; and (C) any other information the Director considers relevant and appropriate. (2) Date of determination.--The determination under paragraph (1) shall be made no later than 90 days after the earlier of-- (A) the date of the receipt of an agency-wide audited financial statement; or (B) the last day of the fiscal year following the year covered by such statement. (e) Compliance Implementation.-- (1) In general.--If the Director determines that the financial management systems of an agency do not comply with the requirements of subsection (a), the head of the agency, in consultation with the Director, shall establish a remediation plan that shall include the resources, remedies, and intermediate target dates necessary to bring the agency's financial management systems into compliance. (2) Time period for compliance.--A remediation plan shall bring the agency's financial management systems into compliance no later than 2 years after the date on which the Director makes a determination under paragraph (1), unless the agency, with concurrence of the Director-- (A) determines that the agency's financial management systems are so deficient as to preclude compliance with the requirements of subsection (a) within 2 years; (B) specifies the most feasible date for bringing the agency's financial management systems into compliance with the requirements of subsection (a); and (C) designates an official of the agency who shall be responsible for bringing the agency's financial management systems into compliance with the requirements of subsection (a) by the date specified under subparagraph (B). (3) Transfer of funds for certain improvements.--For an agency that has established a remediation plan under paragraph (2), the head of the agency, to the extent provided in an appropriation and with the concurrence of the Director, may transfer not to exceed 2 percent of available agency appropriations to be merged with and to be available for the same period of time as the appropriation or fund to which transferred, for priority financial management system improvements. Such authority shall be used only for priority financial management system improvements as identified by the head of the agency, with the concurrence of the Director, and in no case for an item for which Congress has denied funds. The head of the agency shall notify Congress 30 days before such a transfer is made pursuant to such authority. (4) Report if noncompliance within time period.--If an agency fails to bring its financial management systems into compliance within the time period specified under paragraph (2), the Director shall submit a report of such failure to the Committees on Governmental Affairs and Appropriations of the Senate and the Committees on Government Reform and Oversight and Appropriations of the House of Representatives. The report shall include-- (A) the name and position of any officer or employee responsible for the financial management systems that have been found not to comply with the requirements of subsection (a); (B) the facts pertaining to the failure to comply with the requirements of subsection (a), including the nature and extent of the noncompliance, the primary reason or cause for the failure to comply, and any extenuating circumstances; (C) a statement of the remedial actions needed; and (D) a statement of any administrative action to be taken with respect to any responsible officer or employee. (f) Personal Responsibility.--Any financial officer or program manager who knowingly and willfully commits, permits, or authorizes material deviation from the requirements of subsection (a) may be subject to administrative disciplinary action, suspension from duty, or removal from office. SEC. 4. APPLICATION TO CONGRESS AND THE JUDICIAL BRANCH. (a) In General.--The Federal financial management requirements of this Act may be adopted by-- (1) the Senate by resolution as an exercise of the rulemaking power of the Senate; (2) the House of Representatives by resolution as an exercise of the rulemaking power of the House of Representatives; or (3) the Judicial Conference of the United States by regulation for the judicial branch. (b) Study and Report.--No later than October 1, 1997-- (1) the Secretary of the Senate and the Clerk of the House of Representatives shall jointly conduct a study and submit a report to Congress on how the offices and committees of the Senate and the House of Representatives, and all offices and agencies of the legislative branch may achieve compliance with financial management and accounting standards in a manner comparable to the requirements of this Act; and (2) the Chief Justice of the United States shall conduct a study and submit a report to Congress on how the judiciary may achieve compliance with financial management and accounting standards in a manner comparable to the requirements of this Act. SEC. 5. REPORTING REQUIREMENTS. (a) Reports by Director.--No later than March 31 of each year, the Director shall submit a report to the Congress regarding implementation of this Act. The Director may include the report in the financial management status report and the 5-year financial management plan submitted under section 3512(a)(1) of title 31, United States Code. (b) Reports by the Comptroller General.--No later than October 1, 1997, and October 1, of each year thereafter, the Comptroller General of the United States shall report to the appropriate committees of the Congress concerning-- (1) compliance with the requirements of section 3(a) of this Act, including whether the financial statements of the Federal Government have been prepared in accordance with applicable accounting standards; and (2) the adequacy of uniform accounting standards for the Federal Government. SEC. 6. CONFORMING AMENDMENTS. (a) Audits by Agencies.--Section 3521(f)(1) of title 31, United States Code, is amended in the first sentence by inserting ``and the Controller of the Office of Federal Financial Management'' before the period. (b) Financial Management Status Report.--Section 3512(a)(2) of title 31, United States Code, is amended by-- (1) in subparagraph (D) by striking ``and'' after the semicolon; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following: ``(E) a listing of agencies whose financial management systems do not comply substantially with the requirements of the Federal Financial Management Improvement Act of 1996, the period of time that such agencies have not been in compliance, and a summary statement of the efforts underway to remedy the noncompliance; and''. SEC. 7. DEFINITIONS. For purposes of this Act: (1) Agency.--The term ``agency'' means a department or agency of the United States Government as defined in section 901(b) of title 31, United States Code. (2) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (3) Federal accounting standards.--The term ``Federal accounting standards'' means applicable accounting principles, standards, and requirements consistent with section 902(a)(3)(A) of title 31, United States Code, and includes concept statements with respect to the objectives of Federal financial reporting. (4) Financial management systems.--The term ``financial management systems'' includes the financial systems and the financial portions of mixed systems necessary to support financial management, including automated and manual processes, procedures, controls, data, hardware, software, and support personnel dedicated to the operation and maintenance of system functions. (5) Financial system.--The term ``financial system'' includes an information system, comprised of one or more applications, that is used for-- (A) collecting, processing, maintaining, transmitting, or reporting data about financial events; (B) supporting financial planning or budgeting activities; (C) accumulating and reporting costs information; or (D) supporting the preparation of financial statements. (6) Mixed system.--The term ``mixed system'' means an information system that supports both financial and nonfinancial functions of the Federal Government or components thereof. SEC. 8. EFFECTIVE DATE. This Act shall take effect on October 1, 1996. Passed the Senate August 2, 1996. Attest: KELLY D. JOHNSTON, Secretary.

Federal Financial Management Improvement Act of 1996 - Requires each Federal agency to: (1) implement and maintain financial management systems that comply with Federal requirements, Federal accounting standards, and the U.S. Government Standard General Ledger at the transaction level; and (2) give priority in funding and provide sufficient resources to implement this Act. Requires: (1) audit reporting of whether an agency's financial management systems comply with requirements; (2) compliance determination by the Director of the Office of Management and Budget (OMB), acting through the Controller of the Office of Federal Financial Management; and (3) if there is noncompliance with the standards, a remediation plan. Sets forth a limitation on the time period for bringing the agency's financial management systems into compliance. Allows the transfer of up to two percent of agency funds for priority financial management system improvements for an agency with a remediation plan. Requires a report by the Director of OMB if an agency fails to bring its financial management systems into compliance within the specified time period. Directs the: (1) Secretary of the Senate and the Clerk of the House, jointly, to study and submit a report to the Congress on how the Congress and the legislative branch may achieve compliance; and (2) Chief Justice of the United States to study and submit a report to the Congress on how the judiciary may achieve such compliance. Sets forth: (1) reporting requirements; (2) conforming amendments; (3) definitions; and (4) the effective date.

Federal Financial Management Improvement Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Traumatic Brain Injury Research and Treatment Improvement Act of 2015''. SEC. 2. FINDINGS. (a) Findings.--The Congress finds as follows: (1) State data and monitoring systems provide reliable data on injury causes and risk factors, identify trends in the incidence of traumatic brain injury, enable the development of cause-specific prevention strategies focused on populations at greatest risk, and monitor the effectiveness of such strategies. (2) Since 1995, when the Centers for Disease Control and Prevention published Guidelines for Surveillance of Central Nervous System Injury, additional causes of traumatic brain injury have emerged: military-related traumatic brain injuries; sports-related concussions; traffic injuries resulting from texting while driving; and increasing numbers of falls-related traumatic brain injuries among older adults. (3) In their 2013 report, Sports-Related Concussions in Youth: Improving the Science, Changing the Culture, the Institute on Medicine and the National Research Council noted that there is currently a lack of data to accurately estimate the incidence of sports-related concussions across a variety of sports and for youth across the pediatric age spectrum. The report recommended that the Centers for Disease Control and Prevention establish and oversee a national surveillance system to accurately determine the incidence of sports-related concussions, including those in youth ages 5 to 21, taking into account Federal efforts to collect information on traumatic brain injury. (4) Traumatic brain injury is a substantial public health problem among older persons. As the population of older persons continues to grow in the United States, the need to design and implement proven and cost-effective prevention measures that focus on the leading causes of traumatic brain injury becomes more urgent. (5) In order to implement this Act, the Centers for Disease Control and Prevention needs to collaborate with Federal agencies reporting military-related traumatic brain injuries, school systems reporting traumatic brain injuries, Medicaid and other Federal programs, and State agencies. SEC. 3. ESTABLISHING REQUIREMENTS TO IMPROVE THE RESEARCH AND TREATMENT OF TRAUMATIC BRAIN INJURY. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- (1) evaluate existing surveillance and data collections systems that track the incidence and circumstances of traumatic brain injury, including concussion; (2) not later than 9 months after the date of enactment of this Act, submit a report to the Congress outlining the findings of the evaluation under paragraph (1); and (3) establish a statistically sound, scientifically credible, integrated surveillance system regarding traumatic brain injury, to be known as the ``National Traumatic Brain Injury Surveillance System''. (b) Research.--The Secretary shall ensure that the National Traumatic Brain Injury Surveillance System is designed in a manner that facilitates further research on brain injury. (c) Content.--In carrying out subsection (a), the Secretary-- (1) shall provide for the collection and storage of information (excluding personally identifiable information) on the incidence and prevalence of traumatic brain injury, including concussion, in the United States across the lifespan; (2) to the extent practicable, shall provide for the collection and storage of other available information (excluding personally identifiable information) on traumatic brain injury, such as information concerning demographics and other information associated with the incidence of a traumatic brain injury, such as-- (A) age; (B) race and ethnicity; (C) sex; (D) geographic location; (E) history of head injury (including injury type and the approximate date of injury); (F) pre-existing conditions, such as learning disabilities and attention deficit hyperactivity disorder; and (G) co-occurring issues, such as substance abuse or post-traumatic stress disorder; (3) to the extent practicable, shall provide for the collection and storage of information relevant to analysis on traumatic brain injury, such as information concerning-- (A) impact location on the body and nature of the impact; (B) qualifications of personnel making the traumatic brain injury diagnosis; (C) assessment tool used to make the diagnosis; (D) signs and symptoms consistent with a head injury; (E) sport or activity and the level of competition (if a sports-related activity); (F) use of protective equipment and impact monitoring devices; and (G) severity of the traumatic brain injury; and (4) may address issues identified during the consultation process under subsection (d). (d) Consultation.--In carrying out this section, the Secretary shall consult with individuals with appropriate expertise, including-- (1) epidemiologists with experience in disease surveillance or registries; (2) representatives of national health associations that-- (A) focus on brain injury; and (B) have demonstrated experience in research, care, or patient services; (3) State public health agencies; (4) health information technology experts or other information management specialists; (5) clinicians with expertise in brain injury; (6) research scientists with experience conducting brain research or utilizing surveillance systems for scientific research purposes; (7) medical facilities of the Department of Veterans Affairs; and (8) behavioral health centers. (e) Grants.--The Secretary may award grants to, or enter into contracts or cooperative agreements with, public or private nonprofit entities to carry out activities under this section. (f) Coordination With Other Federal Agencies.--Subject to subsection (h), the Secretary shall make information and analysis in the National Traumatic Brain Injury Surveillance System available, as appropriate, to Federal departments and agencies, such as the National Institutes of Health, the Health Resources and Services Administration, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the Department of Education, the Department of Veterans Affairs, and the Department of Defense. (g) Public Access.--Subject to subsection (h), the Secretary shall make information and analysis in the National Traumatic Brain Injury Surveillance System available, as appropriate, to the public, including researchers. (h) Privacy.--The Secretary shall ensure that privacy and security protections applicable to the National Traumatic Brain Injury Surveillance System are at least as stringent as the privacy and security protections under HIPAA privacy and security law, including nondisclosure of personally identifiable information. (i) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to the Congress concerning the implementation of this section. Such report shall include information on-- (1) the development and maintenance of the National Traumatic Brain Injury Surveillance System; (2) the type of information collected and stored in the System; (3) the use and availability of such information, including guidelines for such use; and (4) the use and coordination of databases that collect or maintain information on traumatic brain injury. (j) Definition.--In this Act: (1) National health association.--The term ``national health association'' means a national nonprofit organization with chapters, other affiliated organizations, or networks in States throughout the United States. (2) HIPAA privacy and security law.--The term ``HIPAA privacy and security law'' has the meaning given to that term in section 3009 of the Public Health Service Act (42 U.S.C. 300jj-19). (3) Personally identifiable information.--The term ``personally identifiable information'' means information which can be used to distinguish or trace an individual's identity (such as their name, social security number, or biometric records) either alone or when combined with other personal or identifying information which is linked or linkable to a specific individual (such as date of birth, place of birth, and mother's maiden name). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) Surveillance.--The term ``surveillance'' means the ongoing, systematic collection, analysis, interpretation, and dissemination of data (other than personally identifiable information) regarding a health-related event for use in public health action to reduce morbidity and mortality and to improve health. (6) Traumatic brain injury.--The term ``traumatic brain injury'' means an injury to the head arising from blunt or penetrating trauma or from acceleration or deceleration forces associated with one or more of the following: decreased level of consciousness, amnesia, objective neurologic or neuropsychological abnormalities, skull fractures, diagnosed intracranial lesions, or head injury listed as a cause of death in the death certificate. (k) Authorization of Appropriations.--To carry out this Act, there are authorized to be appropriated such sums as may be necessary.

National Traumatic Brain Injury Research and Treatment Improvement Act of 2015 Requires the Centers for Disease Control and Prevention (CDC) to: (1) evaluate existing surveillance and data collection systems that track the incidence and circumstances of traumatic brain injury, including concussion; (2) establish a statistically sound, scientifically credible, and integrated National Traumatic Brain Injury Surveillance System; and (3) ensure that the System is designed in a manner that facilitates further research on brain injury. Requires the CDC to make information and analysis in the System available to the public and ensure that privacy and security protections applicable to the System are at least as stringent as those under the Health Insurance Portability and Accountability Act.

National Traumatic Brain Injury Research and Treatment Improvement Act of 2015

SEC. 942. CERTAIN HEALTH PROFESSIONS PROGRAMS REGARDING PRACTICE OF PHARMACY. Part E of title VII of the Public Health Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the following subpart: ``Subpart 3--Pharmacist Workforce Programs ``SEC. 771. PUBLIC SERVICE ANNOUNCEMENTS. ``(a) Public Service Announcements.-- ``(1) In general.--The Secretary shall develop and issue public service announcements that advertise and promote the pharmacist profession, highlight the advantages and rewards of being a pharmacist, and encourage individuals to enter the pharmacist profession. ``(2) Method.--The public service announcements described in subsection (a) shall be broadcast through appropriate media outlets, including television or radio, in a manner intended to reach as wide and diverse an audience as possible. ``(b) State and Local Public Service Announcements.-- ``(1) In general.--The Secretary shall award grants to entities to support State and local advertising campaigns through appropriate media outlets to promote the pharmacist profession, highlight the advantages and rewards of being a pharmacist, and encourage individuals from disadvantaged backgrounds to enter the pharmacist profession. ``(2) Use of funds.--An entity that receives a grant under subsection (a) shall use funds received through such grant to acquire local television and radio time, place advertisements in local newspapers, and post information on billboards or on the Internet, in order to-- ``(A) advertise and promote the pharmacist profession; ``(B) promote pharmacist education programs; ``(C) inform the public of public assistance regarding such education programs; ``(D) highlight individuals in the community that are presently practicing as pharmacists to recruit new pharmacists; and ``(E) provide any other information to recruit individuals for the pharmacist profession. ``(3) Method.--The campaigns described in subsection (a) shall be broadcast on television or radio, placed in newspapers as advertisements, or posted on billboards or the Internet, in a manner intended to reach as wide and diverse an audience as possible. ``SEC. 772. DEMONSTRATION PROJECT. ``(a) In General.--The Secretary shall establish a demonstration project to enhance the participation of individuals who are pharmacists in the National Health Service Corps Loan Repayment Program described in section 338B. ``(b) Services.--Services that may be provided by pharmacists pursuant to the demonstration project established under this section include medication therapy management services to assure that medications are used appropriately by patients, to enhance patients' understanding of the appropriate use of medications, to increase patients' adherence to prescription medication regimens, to reduce the risk of adverse events associated with medications, and to reduce the need for other costly medical services through better management of medication therapy. Such services may include case management, disease management, drug therapy management, patient training and education, counseling, drug therapy problem resolution, medication administration, the provision of special packaging, or other services that enhance the use of prescription medications. ``(c) Procedure.--The Secretary may not provide assistance to an individual under this section unless the individual agrees to comply with all requirements described in sections 338B and 338D. ``(d) Limitations.--The demonstration project described in this section shall provide for the participation of-- ``(1) individuals to provide services in rural and urban areas; and ``(2) enough individuals to allow the Secretary to properly analyze the effectiveness of such project. ``(e) Designations.--The demonstration project described in this section, and any pharmacists who are selected to participate in such project, shall not be considered by the Secretary in the designation of a health professional shortage area under section 332 during fiscal years 2003 through 2005. ``(f) Rule of Construction.--This section shall not be construed to require any State to participate in the project described in this section. ``(g) Report.--The Secretary shall prepare and submit a report on the project to-- ``(A) the Committee on Health, Education, Labor, and Pensions of the Senate; ``(B) the Subcommittee on Labor, Health and Human Services, and Education of the Committee on Appropriations of the Senate; ``(C) the Committee on Energy and Commerce of the House of Representatives; and ``(D) the Subcommittee on Labor, Health and Human Services, and Education of the Committee on Appropriations of the House of Representatives. ``SEC. 773. INFORMATION TECHNOLOGY. ``(a) Grants and Contracts.--The Secretary may make awards of grants or contracts to qualifying schools of pharmacy for the purpose of assisting such schools in acquiring and installing computer-based systems to provide pharmaceutical education. Education provided through such systems may be graduate education, professional education, or continuing education. The computer-based systems may be designed to provide on-site education, or education at remote sites (commonly referred to as distance learning), or both. ``(b) Qualifying School of Pharmacy.--For purposes of this section, the term `qualifying school of pharmacy' means a school of pharmacy (as defined in section 799B) that requires students to serve in a clinical rotation in which pharmacist services are part of the curriculum. ``SEC. 774. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this subpart, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2006.''.

Amends the Public Health Service Act to require the Secretary of Health and Human Services to promote the pharmacist profession through public health service announcements, including grants for State and local advertising campaigns.Directs the Secretary to establish a demonstration project to enhance the participation of pharmacists in the National Health Service Corps Loan Repayment Program through the provision of medication therapy management services. Requires participants to follow Program requirements but excludes them from consideration when health professional shortage areas are designated.Authorizes the Secretary to make grants or contracts to qualifying schools of pharmacy (those requiring a pharmacy services clinical rotation) for computer-based systems for pharmaceutical education.Authorizes appropriations for FY 2003 through 2006.

To amend the Public Health Service Act to establish health professions programs regarding practice of pharmacy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Military and Police Operations through Women's Engagement and Recruitment Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States National Action Plan On Women, Peace and Security expresses the unqualified commitment of the United States to integrating women's perspectives fully into our diplomatic, defense, and development efforts not simply as beneficiaries, but as agents of peace, security, reconciliation, development, growth, and stability. The plan also specifies the following priorities: (A) Providing assistance to support women's participation, integration, and leadership in the security sector. (B) Working with partner nations to increase women's participation in United States-funded training programs for foreign police, judicial, and military personnel, including professional military education, as well as exchange programs, conferences, and seminars. (C) Utilizing the participation of female members of the United States Armed Forces to encourage and model gender integration in the armed forces of partner nations. (2) The Department of State's 2015 Quadrennial Diplomacy and Development Review states that-- (A) the United States is promoting initiatives based on the unique roles that women and girls play in preventing and responding to conflict; and (B) gender equality is a core element in policy development, strategy and budget planning, policy and program implementation, management and training, and monitoring and evaluation of results. (3) United States security sector assistance is a key engagement tool with our foreign partners. Security sector assistance helps further United States interests by seeking to professionalize and develop the police and militaries of our foreign partners, shaping the security sector policies of foreign governments, and building sustainable and legitimate institutions to provide security and justice and respond to the needs of populations. Security sector assistance can also support broad United States policy goals, including respect for human rights, civilian control of the military, and the rule of law. (4) To support these efforts, the United States Department of State provides funding for a number of training programs for military forces, police and other security forces, and international peacekeeping operations. (5) Women are underrepresented in security forces worldwide. For instance, in South Asia-- (A) women make up less than 1 percent of Pakistan's total police force; (B) women make up less than 5 percent of Bangladesh's total police force; and (C) women make up less than 7 percent of India's total police force. (6) As demonstrated by United States Female Engagement Teams deployed to Afghanistan, female soldiers can enhance the operational effectiveness of security operations and gather information and provide access to local populations that all- male units cannot engage or search. (7) Female military and police can provide critical contributions to security. For Afghanistan's 2014 presidential elections, Afghanistan's Ministry of Interior recruited and trained 13,000 females to provide security and conduct searches of women at checkpoints and polling stations. Female police facilitated the participation of women in elections. (8) The International Military Education and Training (IMET) program, funded by the United States Department of State, provides professional military training for the future leaders of our foreign partners, enhances interoperability with the United States Armed Forces, builds relationships among international and United States military students, and conveys United States customs and cultural norms. (9) Of the 141 countries that received IMET funding from Fiscal Year 2011 through Fiscal Year 2015, only approximately 7 percent of IMET program participants from those countries were women. (10) United States international police training programs that are specifically focused on women have proven effective in recruiting and retaining women. In Lebanon, for instance, a Department of State-funded basic cadet course for women was instrumental in helping Lebanon's Internal Security Forces increase the number of police officers from two to 610. (11) United States security assistance for peacekeeping builds the capabilities of our partner countries, increases the number of military and police personnel available for deployment to support peace operations, and facilitates the logistical support and deployment of units to peace operations. (12) Studies demonstrate that the inclusion of higher proportions of female peacekeepers is associated with fewer allegations of sexual abuse and exploitation, as is the inclusion of personnel from countries with better records of gender equality. (13) Female peacekeepers are uniquely capable of assisting female survivors of sexual violence. Reports demonstrate that victims are more likely to report incidents of abuse to women in the police or military. In Liberia, the presence of a female Indian peacekeeping unit increased reporting of sexual abuse and encouraged the recruitment of women to the national police. (14) Despite the recognition of the importance of increasing the number of women in peacekeeping operations, according to the United Nations, as of February 2016-- (A) women comprised only 3 percent of total military forces deployed to peacekeeping missions; and (B) women comprised only 9 percent of total police forces deployed to peacekeeping missions. (15) The Global Peace Operations Initiative is a United States security assistance program to train, deploy, and build the capacity of peacekeepers worldwide. Through the Global Peace Operations Initiative, the United States has worked to increase the participation of female peacekeepers in United Nations operations. With dedicated United States assistance, over the last five years, the countries that received assistance under the Global Peace Operations Initiative nearly doubled the number of deployed female military peacekeepers from 1,396 to 2,539. Of the countries that received assistance under the Global Peace Operations Initiative that deploy personnel to peacekeeping missions, as of January 2016-- (A) women comprised approximately 4 percent of total military forces deployed to peace operations; and (B) women comprised approximately 7 percent of formed police units and 10 percent of total police forces deployed to peace operations. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to recognize and respond to the significant shortage of women at all levels in foreign military and police forces; (2) to prioritize the identification, engagement, and support of women leaders at all levels in foreign security sectors; (3) to increase the recruitment, retention, professionalization, and promotion of women in foreign security sectors, specifically in the military and police forces; (4) to promote the meaningful inclusion and deployment of women in security operations; and (5) to enhance and expand United States training opportunities for women at all levels in foreign militaries and police forces. SEC. 4. FOREIGN MILITARY EXCHANGES. The Department of State, in coordination with the Department of Defense, shall seek to increase the participation of women receiving training under the International Military Education and Training program at United States military schools and training institutions, with the goal of doubling female participation in such programs globally by September 30, 2019. SEC. 5. COUNTERING TERRORISM AND VIOLENT EXTREMISM. (a) In General.--The Department of State shall seek to increase the participation of women receiving training under the Department of State's Anti-Terrorism Assistance (ATA) programs, with the goal of doubling the total women receiving such training by September 30, 2019. (b) Mandate.--The Department of State shall make explicit in its mandate for ATA programs its priority to increase the participation of women. SEC. 6. PEACEKEEPING OPERATIONS. (a) In General.--The Department of State shall work with partner countries receiving peacekeeping training assistance to prioritize the integration, training, and deployment of qualified female peacekeepers in peace operations. The Department of State shall work with partner countries receiving peacekeeping training assistance to prioritize the employment, development, and integration of female peacekeeping trainers. (b) United Nations Peacekeeping Missions.--Through the United States Mission to the United Nations, the Department of State shall promote an increase in the recruitment, retention, and leadership roles of female personnel assigned to United Nations peacekeeping missions. (c) Increased Deployment of Female Peacekeepers.--The Department of State may work with partner countries receiving United States peacekeeping training assistance to double the number of qualified women deployed to peace operations not later than 5 years after the date of the enactment of this Act. SEC. 7. LAW ENFORCEMENT. (a) Participation Requirement.--The Department of State shall establish female participation requirements for its police training programs and work with partner countries to ensure that women account for not less than 10 percent of nominees for United States-funded police training programs. (b) Communication of Requirement.--The Department shall make explicit its priority to increase the participation of women in the design and implementation of all police training programs. SEC. 8. MONITORING AND EVALUATION. The Secretary of State, the Secretary of Defense, and representatives of other relevant Federal agencies and departments, as appropriate, shall develop a plan for the monitoring and independent evaluation of programs, projects, and activities carried out under this Act. SEC. 9. REPORTING REQUIREMENTS. (a) In General.--The Secretary of State, in conjunction with the Secretary of Defense, shall designate appropriate officials to brief the appropriate congressional committees, not later than 1 year after the date of the enactment of this Act, on-- (1) the existing, enhanced, and newly established training carried out pursuant to this Act; (2) diplomatic actions undertaken to promote the targets set forth in this Act; (3) the guidelines established for overseas United States diplomatic and military personnel to engage with foreign counterparts pursuant to this Act; (4) progress towards the targets set forth in this Act; and (5) actions to address the structural and systemic barriers to women's recruitment, retention, and professionalization for the largest recipients of United States security sector assistance. (b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.

Enhancing Military and Police Operations through Women's Engagement and Recruitment Act of 2016 This bill requires the Department of State, in coordination with the Department of Defense (DOD), to seek to increase the participation of women receiving training under the International Military Education and Training program at U.S. military schools and training institutions, with the goal of doubling female participation globally by September 30, 2019. The State Department shall seek to increase the participation of women receiving training under its Anti-Terrorism Assistance (ATA) programs, with the goal of doubling the total women receiving such training by September 30, 2019, and make explicit in its mandate for ATA programs its priority to increase women's participation. State shall work with partner countries receiving peacekeeping training assistance to: (1) prioritize the integration, training, and deployment of qualified female peacekeepers in peace operations; (2) prioritize the employment, development, and integration of female peacekeeping trainers; and (3) double the number of qualified women deployed to peace operations within five years. State also shall: promote an increase in the recruitment, retention, and leadership roles of female personnel assigned to United Nations peacekeeping missions; establish female participation requirements for its police training programs and work with partner countries to ensure that women account for at least 10% of nominees for U.S.-funded police training programs; make explicit its priority to increase women's participation in the design and implementation of all police training programs; develop a plan for the monitoring and independent evaluation of programs, projects, and activities carried out under this bill; and designate officials to brief Congress regarding actions taken under this Act.

Enhancing Military and Police Operations through Women's Engagement and Recruitment Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Safety Net Act of 2008''. SEC. 2. COMMUNITY HEALTH CENTERS PROGRAM OF THE PUBLIC HEALTH SERVICE ACT. (a) Additional Authorizations of Appropriations for the Health Centers Program of Public Health Service Act.--Section 330(r) of the Public Health Service Act (42 U.S.C. 254b(r)) is amended by amending paragraph (1) to read as follows: ``(1) In general.--For the purpose of carrying out this section, in addition to the amounts authorized to be appropriated under subsection (d), there are authorized to be appropriated-- ``(A) $2,065,000,000 for fiscal year 2008; ``(B) $2,313,000,000 for fiscal year 2009; ``(C) $2,602,000,000 for fiscal year 2010; ``(D) $2,940,000,000 for fiscal year 2011; and ``(E) $3,337,000,000 for fiscal year 2012.''. (b) Studies Relating to Community Health Centers.-- (1) Definitions.--For purposes of this subsection-- (A) the term ``community health center'' means a health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b); and (B) the term ``medically underserved population'' has the meaning given that term in such section 330. (2) School-based health center study.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall issue a study of the economic costs and benefits of school-based health centers and the impact on the health of students of these centers. (B) Content.--In conducting the study under subparagraph (A), the Comptroller General of the United States shall analyze-- (i) the impact that Federal funding could have on the operation of school-based health centers; (ii) any cost savings to other Federal programs derived from providing health services in school-based health centers; (iii) the effect on the Federal Budget and the health of students of providing Federal funds to school-based health centers and clinics, including the result of providing disease prevention and nutrition information; (iv) the impact of access to health care from school-based health centers in rural or underserved areas; and (v) other sources of Federal funding for school-based health centers. (3) Health care quality study.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Administrator of the Health Resources and Services Administration, and in collaboration with the Agency for Healthcare Research and Quality, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes agency efforts to expand and accelerate quality improvement activities in community health centers. (B) Content.--The report under subparagraph (A) shall focus on-- (i) Federal efforts, as of the date of enactment of this Act, regarding health care quality in community health centers, including quality data collection, analysis, and reporting requirements; (ii) identification of effective models for quality improvement in community health centers, which may include models that-- (I) incorporate care coordination, disease management, and other services demonstrated to improve care; (II) are designed to address multiple, co-occurring diseases and conditions; (III) improve access to providers through non-traditional means, such as the use of remote monitoring equipment; (IV) target various medically underserved populations, including uninsured patient populations; (V) increase access to specialty care, including referrals and diagnostic testing; and (VI) enhance the use of electronic health records to improve quality; (iii) efforts to determine how effective quality improvement models may be adapted for implementation by community health centers that vary by size, budget, staffing, services offered, populations served, and other characteristics determined appropriate by the Secretary; (iv) types of technical assistance and resources provided to community health centers that may facilitate the implementation of quality improvement interventions; (v) proposed or adopted methodologies for community health center evaluations of quality improvement interventions, including any development of new measures that are tailored to safety-net, community-based providers; (vi) successful strategies for sustaining quality improvement interventions in the long- term; and (vii) partnerships with other Federal agencies and private organizations or networks as appropriate, to enhance health care quality in community health centers. (C) Dissemination.--The Administrator of the Health Resources and Services Administration shall establish a formal mechanism or mechanisms for the ongoing dissemination of agency initiatives, best practices, and other information that may assist health care quality improvement efforts in community health centers. (4) GAO study on integrated health systems model for the delivery of health care services to medically underserved populations.-- (A) Study.--The Comptroller General of the United States shall conduct a study on integrated health system models at not more than 10 sites for the delivery of health care services to medically underserved populations. The study shall include an examination of-- (i) health care delivery models sponsored by public or private non-profit entities that-- (I) integrate primary, specialty, and acute care; and (II) serve medically underserved populations; and (ii) such models in rural and urban areas. (B) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under subparagraph (A). The report shall include-- (i) an evaluation of the models, as described in subparagraph (A), in-- (I) expanding access to primary and preventive services for medically underserved populations; and (II) improving care coordination and health outcomes; and (ii) an assessment of-- (I) challenges encountered by such entities in providing care to medically underserved populations; and (II) advantages and disadvantages of such models compared to other models of care delivery for medically underserved populations. SEC. 3. NATIONAL HEALTH SERVICE CORPS. (a) Funding.-- (1) National health service corps program.--Section 338(a) of the Public Health Service Act (42 U.S.C. 254k(a)) is amended by striking ``2002 through 2006'' and inserting ``2008 through 2012''. (2) Scholarship and loan repayment programs.--Section 338H(a) of the Public Health Service Act (42 U.S.C. 254q(a)) is amended by striking ``appropriated $146,250,000'' and all that follows through the period and inserting the following: ``appropriated-- ``(1) for fiscal year 2008, $131,500,000; ``(2) for fiscal year 2009, $143,335,000; ``(3) for fiscal year 2010, $156,235,150; ``(4) for fiscal year 2011, $170,296,310; and ``(5) for fiscal year 2012, $185,622,980.''. (b) Elimination of 6-Year Demonstration Requirement.--Section 332(a)(1) of the Public Health Service Act (42 U.S.C. 254e(a)(1)) is amended by striking ``Not earlier than 6 years'' and all that follows through ``purposes of this section.''. (c) Assignment to Shortage Area.--Section 333(a)(1)(D)(ii) of the Public Health Service Act (42 U.S.C. 254f(a)(1)(D)(ii)) is amended-- (1) in subclause (IV), by striking ``and''; (2) in subclause (V), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(VI) the entity demonstrates willingness to support or facilitate mentorship, professional development, and training opportunities for Corps members.''. (d) Professional Development and Training.--Subsection (d) of section 336 of the Public Health Service Act (42 U.S.C. 254h-1) is amended to read as follows: ``(d) Professional Development and Training.-- ``(1) In general.--The Secretary shall assist Corps members in establishing and maintaining professional relationships and development opportunities, including by-- ``(A) establishing appropriate professional relationships between the Corps member involved and the health professions community of the geographic area with respect to which the member is assigned; ``(B) establishing professional development, training, and mentorship linkages between the Corps member involved and the larger health professions community, including through distance learning, direct mentorship, and development and implementation of training modules designed to meet the educational needs of offsite Corps members; ``(C) establishing professional networks among Corps members; or ``(D) engaging in other professional development, mentorship, and training activities for Corps members, at the discretion of the Secretary. ``(2) Assistance in establishing professional relationships.--In providing such assistance under paragraph (1), the Secretary shall focus on establishing relationships with hospitals, with academic medical centers and health professions schools, with area health education centers under section 751, with health education and training centers under section 752, and with border health education and training centers under such section 752. Such assistance shall include assistance in obtaining faculty appointments at health professions schools. ``(3) Supplement not supplant.--Such efforts under this subsection shall supplement, not supplant, non-government efforts by professional health provider societies to establish and maintain professional relationships and development opportunities.''. SEC. 4. REAUTHORIZATION OF RURAL HEALTH CARE PROGRAMS. Section 330A(j) of the Public Health Service Act (42 U.S.C. 254c(j)) is amended by striking ``$40,000,000'' and all that follows and inserting ``$45,000,000 for each of fiscal years 2008 through 2012.''. Passed the Senate July 21 (legislative day, July 17), 2008. Attest: Secretary. 110th CONGRESS 2d Session S. 901 _______________________________________________________________________ AN ACT To amend the Public Health Service Act to reauthorize the Community Health Centers program, the National Health Service Corps, and rural health care programs.

Health Care Safety Net Act of 2008 - (Sec. 2) Amends the Public Health Service Act to reauthorize appropriations for FY2008-FY2012 for health centers to meet the health care needs of medically underserved populations. Requires the Comptroller General to study the economic costs and benefits of school-based health centers and their impact on the health of students, including an analysis of: (1) the impact that federal funding could have on the operation of such centers; (2) any cost savings to other federal programs derived from providing health services in such centers; and (3) the impact of such centers in rural or underserved areas. Requires the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to submit a report to the relevant congressional committees that describes efforts to expand and accelerate quality improvement activities in community health centers. Requires the Administrator to establish a mechanism for the dissemination of initiatives, best practices, and other information that may assist health care quality improvement efforts in community health centers. Directs the Comptroller General to study integrated health system models for the delivery of health care services to medically underserved populations. (Sec. 3) Reauthorizes appropriations for FY2008-FY2012 for: (1) the National Health Service Corps program; and (2) the National Health Service Corps Scholarship Program and National Health Service Corps Loan Repayment Program. Repeals provisions requiring each center or clinic designated as having a health manpower shortage to demonstrate every six years that it meets the applicable requirements of the definition of a health professional shortage area. Revises requirements for assigning members of the Corps to a health professional shortage area to require that the Secretary determine that an entity demonstrates willingness to support or facilitate mentorship, professional development, and training opportunities for Corps members. Requires the Secretary to assist Corps members in establishing and maintaining professional relationships and developmental opportunities. (Sec. 4) Reauthorizes appropriations for FY2008-FY2012 for grants for expanded delivery of health care services in rural areas, for the planning and implementation of integrated health care networks in rural areas, and for the planning and implementation of small health care provider quality improvement activities.

A bill to amend the Public Health Service Act to reauthorize the Community Health Centers program, the National Health Service Corps, and rural health care programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet of Things Consumer Tips to Improve Personal Security Act of 2017''or the ``IOT Consumer TIPS Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The term ``Internet of Things'' refers to devices, applications, and physical objects that are Internet-enabled, networked, or connected. (2) The devices that are part of the Internet of Things are equipped with sensors or developed with automated functionalities that allow them to collect, send, or receive data, and perform according to consumer preferences that enhance productivity, efficiency, and convenience. (3) The rapid adoption of the Internet of Things among consumers and businesses is driven by the wide range of economic and societal benefits that are generated by such devices across almost every industry and sector. (4) Consumer trust in the security of the Internet of Things is paramount to the leadership and competitiveness of the United States in the global digital economy. (5) It is the policy of the United States to encourage innovation in the development and use of the Internet of Things and empower consumers to be responsible digital citizens and manage the security of their devices in collaboration with manufacturers, sellers, and service providers. SEC. 3. FEDERAL EDUCATIONAL CYBERSECURITY RESOURCES FOR CONSUMERS REGARDING DEVICES THAT ARE PART OF THE INTERNET OF THINGS. (a) Definitions.--In this section-- (1) Covered device.--The term ``covered device''-- (A) includes devices, applications, and physical objects that are-- (i) part of the Internet of Things; and (ii) marketed and sold primarily to consumers; and (B) does not include-- (i) devices that are marketed and sold for use primarily in industrial, business, or enterprise settings; or (ii) smartphones, tablets, personal computers, or devices leased to consumers by multichannel video programming distributors. (2) Cybersecurity threat.--The term ``cybersecurity threat'' has the meaning given to the term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501). (3) Security vulnerability.--The term ``security vulnerability'' has the meaning given to the term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501). (b) Development of Educational Cybersecurity Resources.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall, in coordination with the National Institute of Standards and Technology and relevant private sector stakeholders and experts, develop voluntary educational cybersecurity resources for consumers relating to the practices of consumers with respect to the protection and use of covered devices, including citing evidence of consumer attitudes and expectations. (c) Elements.--The voluntary resources developed under subsection (b) shall be technology-neutral and include guidance, best practices, and advice for consumers to protect against, mitigate, and recover from cybersecurity threats or security vulnerabilities, where technically feasible, including-- (1) the scope of possible security support from a vendor post-purchase; (2) how to initiate or set up a covered device for use; (3) the use of passwords, available security tools and settings, appropriate physical controls, and avoidance of steps that can defeat security; (4) updates to the software of a covered device during operation or use if applicable; (5) the recovery of compromised devices; (6) end-of-life considerations such as resetting, deleting, or modifying data collected or retained by a covered device when it is no longer in use or expected to be used by the consumer; (7) security services, tools, or platforms for connected devices that may help consumers manage connected devices; and (8) varying security considerations depending on factors, including the type of device and setting of use. (d) Availability and Publication.--The Federal Trade Commission shall ensure that the resources developed under subsection (b) are available to and readily accessible by the public on the Internet website of the Federal Trade Commission. (e) Periodic Updates.--The Federal Trade Commission shall review, and, as necessary update the resources developed under subsection (b), in collaboration with industry stakeholders, to address changes in cybersecurity threats or security vulnerabilities and other technology developments or challenges. (f) Voluntary Use.--The resources developed under subsection (b) shall be for voluntary use by consumers. (g) Treatment.--No guidelines, best practices, or advice issued by the Federal Trade Commission with respect to the resources developed under subsection (b) shall confer any right on any person, State, or locality, nor shall operate to bind the Federal Trade Commission or any person to the approach recommended in such guidance, best practice, or advice. The Federal Trade Commission may not base an enforcement action on, or execute a consent order based on, any failure to promote or use such guidance, or any practice used for covered device functionality that is alleged to be inconsistent with any guidance, best practice, or advice included in the resources developed under subsection (b), unless the practice allegedly violates another provision of law. Nothing in this Act is intended to limit the ability of the Federal Trade Commission to enforce section 5 of the Federal Trade Commission Act (15 U.S.C. 45).

Internet of Things Consumer Tips to Improve Personal Security Act of 2017 or the IOT Consumer TIPS Act of 2017 This bill requires the Federal Trade Commission (FTC) in coordination with the National Institute of Standards and Technology and relevant private sector stakeholders and experts to develop voluntary educational cybersecurity resources for consumers relating to the protection and use of the Internet of Things (devices, applications, and physical objects that are Internet-enabled, networked, or connected). The resources must be technology-neutral and include guidance, best practices, and advice for consumers to protect against, mitigate, and recover from cybersecurity threats or security vulnerabilities. The resources do not bind the FTC to any particular guidance, best practice, or advice. The FTC may not base an enforcement action on any failure to promote or use such guidance, best practice, or advice unless such practice violates another provision of law.

Internet of Things Consumer Tips to Improve Personal Security Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shareholder Protection Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Corporations make significant political contributions and expenditures that directly or indirectly influence the election of candidates and support or oppose political causes. Decisions to use corporate funds for political contributions and expenditures are usually made by corporate boards and executives, rather than shareholders. (2) Corporations, acting through their boards and executives, are obligated to conduct business for the best interests of their owners, the shareholders. Corporate boards and executives that use corporation funds to support and oppose political candidates, parties, and causes in opposition to the interests of their shareholders are not acting for the best interests of the corporation. (3) Historically, shareholders have not had a way to know, or to influence, the political activities of corporations they own. Shareholders and the public have a right to know how corporations are spending their funds to make political contributions or expenditures benefitting candidates, political parties, and political causes. (4) Corporations should be accountable to their shareholders prior to making political contributions or expenditures affecting local, State or Federal governance and public policy. Requiring the express approval of a corporation's shareholders prior to making political contributions or expenditures will establish necessary accountability. SEC. 3. SHAREHOLDER APPROVAL OF CORPORATE POLITICAL ACTIVITY. The Securities Exchange Act of 1934 is amended by adding after section 14 the following new section: ``SEC. 14A. SHAREHOLDER APPROVAL OF CERTAIN POLITICAL EXPENDITURES. ``(a) Affirmative Authorization.--No issuer may make any expenditure for political activities in excess of $10,000 in any fiscal year without first obtaining the written affirmative authorization for such expenditure by a majority of all shareholders. ``(b) Nature of Decisions.--A decision to make a contribution or expenditure for political activities in excess of $10,000 shall not be considered a routine matter of the corporation under rules and guidelines established by any national securities exchange or by the Commission. ``(c) Fiduciary Duty; Liability.--A violation of subsection (a) shall be considered a breach of a fiduciary duty of the officers and directors who authorized such an expenditure. The officers and directors who authorize such an expenditure without first obtaining such authorization of shareholders shall be jointly and severally liable in any action brought in any court of competent jurisdiction to any shareholder or class of shareholders for the amount of such expenditure. ``(d) Exemption for Certain Media.--The provisions of this section shall not apply to an issuer whose sole business is the publication or broadcasting of news, commentary, literature, music, entertainment, artistic expression, scientific, historical or academic works, or other forms of information. The Commission shall issue such guidance as it determines necessary or appropriate regarding the extent of the exemption provided by this subsection. ``(e) Definitions.--As used in this section the following definitions apply: ``(1) Affirmative authorization.--The term `affirmative authorization' means the full, free, and written consent of a shareholder, obtained without intimidation or fear of reprisal, and shall not include votes made by a broker or any other representative. ``(2) Issue advocacy campaign.--The term `issue advocacy campaign' means any expenditure for any communication to the general public intended to encourage the public to contact a State or Federal Government official regarding pending legislation, public policy or government rule or regulation, but does not include contributions or expenditures for registered lobbyists employed by the corporation to lobby State or Federal Government officials directly. ``(3) Majority of all shareholders.--The term `majority of all shareholders' means number of shareholders that combined own more than 50 percent of all outstanding shares. Shareholders not casting votes shall not count toward such a majority. ``(4) Expenditure for political activities.-- ``(A) The term `expenditure for political activities' means-- ``(i) expenditures in support of, or opposition to, any Federal, State, or local candidate; ``(ii) contributions to or expenditures in support of any political party, committee, electioneering communication, voter registration campaign, ballot measure campaign, or an issue advocacy campaign; and ``(iii) dues or other payments to trade associations or other tax exempt organizations that are, or could reasonably be anticipated to be, used for the purposes described in subparagraphs (A) and (B). ``(B) Such term shall not include-- ``(i) direct lobbying efforts through registered lobbyists employed or hired by the corporation; ``(ii) communications by a corporation to its stockholders and executive or administrative personnel and their families; ``(iii) nonpartisan registration and get- out-the-vote campaigns by a corporation aimed at its stockholders and executive or administrative personnel and their families; or ``(iv) the establishment, administration and solicitation of contributions to a separate segregated fund to be utilized for political purposes by a corporation.''. SEC. 4. REPORTING REQUIREMENTS. Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(m) Reporting Requirements Relating to Certain Political Expenditures.-- ``(1) In general.--Not later than 180 days after the date of enactment of this subsection, the Commission shall modify its reporting rules under this section to require issuers to disclose quarterly any expenditure for political activities (as such term is defined in section 14A(e)(4)) made during the preceding quarter. Such a report shall be filed with the Commission and provided to shareholders and shall include-- ``(A) the date of the contributions or expenditures; ``(B) the amount of the contributions or expenditures; ``(C) the name or identity of the candidate, political party, committee, electioneering communication, voter registration campaign, ballot measure campaign or issue advocacy campaign; ``(D) if the expenditures were made for or against a candidate, including an electioneering communication, the office sought by the candidate and the political party affiliation of the candidate; ``(E) if the contributions or expenditures were made for or against a ballot measure, the purpose of the measure and whether the contributions or expenditures were made in support or opposition to the ballot measure; and ``(F) if the contributions or expenditures were made for or against an issue advocacy campaign, the nature of the political issue and whether the contributions were made in support or opposition to the political issue. ``(2) Public availability.--The Commission shall ensure that, to the greatest extent practicable, the quarterly reports required by this subsection are publicly available through the Commission website in a manner that is searchable, sortable and downloadable, consistent with the requirements of section 24.''. SEC. 5. REPORT. On an annual basis, the Office of Management and Budget shall conduct an audit on the compliance or noncompliance with the requirements of this Act by public corporations, their management and shareholders, as well as the effectiveness of the Securities and Exchange Commission in meeting the reporting and disclosure requirements of this Act. Not later than April 1 of each year, the Office of Management and Budget shall submit to the President a report on the audit activities required under this Act.

Shareholder Protection Act of 2010 - Amends the Securities Exchange Act of 1934 to prohibit an issuer from making any expenditure for political activities in excess of $10,000 in any fiscal year without first obtaining the written affirmative authorization for such expenditure by a majority of all shareholders. Deems a violation of this requirement to be a breach of the fiduciary duty of the officers and directors who authorized such expenditure. Subjects to joint and several liability to any shareholder or class of shareholders for the amount of such expenditure the officers and directors who authorize it without prior shareholder authorization. Prohibits rules and guidelines established by any national securities exchange or by the Securities and Exchange Commission (SEC) from considering as a routine corporate matter a decision to make a contribution or expenditure for political activities in excess of $10,000. Exempts from the shareholder prior approval requirement an issuer whose sole business is the publication or broadcasting of news, commentary, literature, music, entertainment, artistic expression, scientific, historical or academic works, or other forms of information. Directs the SEC to require issuers to disclose quarterly any expenditure for political activities made during the preceding quarter. Requires such report to be filed with the SEC, provided to shareholders, and be made publicly available through the SEC website.

To amend the Securities Exchange Act of 1934 to require the express authorization of a majority of shareholders of a public company for certain political expenditures by that company, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Turkish Human Rights Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1)(A) The Department of State, in its 1996 ``Country Reports on Human Rights Practices'', documented a systematic and widespread pattern of human rights abuses by the Government of Turkey. (B) According to the portion of the report relating to Turkey, ``torture, excessive use of force, and other serious human rights abuses by the security forces persisted throughout 1996.''. (2) Amnesty International, Human Rights Watch, the United Nations Committee Against Torture, the European Parliament, the International Human Rights Law Group, the Lawyers Committee for Human Rights, Physicians Without Frontiers, Freedom House, the Humanitarian Law Project, the Association of the Bar of the City of New York, the Turkish Human Rights Foundation, and other human rights monitoring organizations have documented extensive and continuing human rights abuses by the Government of Turkey, including the widespread use of torture and extrajudicial killings. (3) The actions of the Government of Turkey are in violation of several international human rights agreements to which Turkey is a party, including the United Nations Universal Declaration of Human Rights, the Final Act of the Conference on Security and Cooperation in Europe, the European Convention on Human Rights, and the United Nations and European Conventions Against Torture. (4) The Government of Turkey continues to deny the legitimate civil and human rights of its 15,000,000 citizens of Kurdish origin and has used military force to deny them an identity, destroying more than 2,000 Kurdish villages and uprooting more than 2,000,000 Kurds. (5) Turkey continues its illegal military occupation of Cyprus and has obstructed efforts to reach a just and lasting resolution to the division of Cyprus and the massive uprooting of Greek Cypriots caused by the 1974 invasion by Turkey. (6) The Government of Turkey continues to blockade Armenia, obstructing the delivery of United States and international humanitarian relief supplies. (7) Turkey continues to place prohibitive restrictions on the religious leadership of Christian communities within Turkey and has failed to protect these communities adequately from acts of violence and vandalism. (8)(A) The Congress, in the fiscal year 1997 appropriation for foreign assistance, reduced assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund) to Turkey to $22,000,000 because of Turkey's human rights record and its hostile and antagonistic policies toward its neighbors. (B) The Government of Turkey has stated that it would reject any United States assistance tied to its human rights record. SEC. 3. RESTRICTIONS ON ASSISTANCE FOR THE GOVERNMENT OF TURKEY. (a) In General.--Assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the economic support fund) may not be provided for the Government of Turkey for fiscal year 1998 unless the Secretary of State determines that there has been significant progress in the following areas: (1) The Government of Turkey permits domestic and international human rights monitoring organizations, including, but not limited to, the Turkish Human Rights Foundation, the Organization on Security and Cooperation in Europe, Amnesty International, and Human Rights Watch, to monitor and report on the human rights situation within its territory without fear of reprisal or prosecution. (2) The Government of Turkey-- (A) has ceased all efforts to deny the recognition of the civil, cultural, and human rights of its Kurdish citizens; (B) has ceased its military operations against Kurdish civilians; and (C) has taken demonstrable steps toward a peaceful resolution of the Kurdish issue. (3) The Government of Turkey-- (A) has taken actions and instituted policies to demilitarize Cyprus and provide for the total withdrawal of Turkish military forces from Cyprus; and (B) provides support for a settlement for the Republic of Cyprus based on a constitutional democracy with key United States principles of majority rule, the rule of law, the protection of minority and human rights, and the provision for and implementation of the 3 basic freedoms, namely, freedom of movement, of property, and of settlement. (4) The Government of Turkey has ceased its blockade of United States and international assistance to Armenia. (5) The Government of Turkey-- (A) has ceased its official restrictions on Christian churches and schools; and (B) provides sufficient protection against-- (i) acts of violence and harassment directed at members of the clergy and religious minorities; and (ii) acts of vandalism directed at church and school property. (b) Report.--The Secretary of State shall prepare and submit to the Congress a report containing a documentation of the determinations made by the Secretary under subsection (a).

Turkish Human Rights Act - Prohibits economic support fund (ESF) assistance to the Government of Turkey unless the Secretary of State determines that there has been significant progress by such Government in: (1) permitting international human rights monitoring organizations to report on the human rights situation in Turkey; (2) ceasing to deny human rights to the Kurdish people; (3) taking action to demilitarize Cyprus and provide support for democracy there; (4) ceasing to blockade U.S. and international assistance to Armenia; and (5) ceasing its restrictions on religious freedom.

Turkish Human Rights Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Media Violence Labeling Act of 1999''. SEC. 2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL MEDIA PRODUCTS. (a) Declaration of Policy.--Section 2 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331) is amended-- (1) by inserting ``(a) Policy Regarding Cigarettes.--'' before ``It is the policy of the Congress''; and (2) by adding at the end the following: ``(b) Policy Regarding Violence in Audio and Visual Media Products.--It is also the policy of Congress, and the purpose of this Act, to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products (including labeling of such products in the advertisements for such products), whereby-- ``(1) the public may be adequately informed of-- ``(A) the nature, context, and intensity of depictions of violence in audio and visual media products; and ``(B) matters needed to judge the appropriateness of the purchase, viewing, listening to, use, or other consumption of audio and visual media products containing violent content by minors of various ages; and ``(2) the public may be assured of-- ``(A) the accuracy and consistency of the system in labeling the nature, context, and intensity of depictions of violence in audio and visual media products; and ``(B) the accuracy and consistency of the system in providing information on matters needed to judge the appropriateness of the purchase, viewing, listening to, use, or other consumption of audio and visual media products containing violent content by minors of various ages.''. (b) Labeling of Audio and Visual Media Products.--That Act is further amended by inserting after section 4 (15 U.S.C. 1333) the following new section: ``labeling of audio and visual media products ``Sec. 4A. (a) Voluntary Labeling System.--(1) Manufacturers and producers of interactive video game products and services, video program products, motion picture products, and sound recording products may submit to the Federal Trade Commission a joint proposal for a system for labeling the violent content in interactive video game products and services, video program products, motion picture products, and sound recording products. ``(2) The proposal under this subsection should, to the maximum extent practicable, meet the requirements set forth in subsection (b). ``(3)(A) The antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement between or among manufacturers and producers referred to in paragraph (1) for purposes of developing a joint proposal for a system for labeling referred to in that paragraph. ``(B) For purposes of this paragraph, the term `antitrust laws' has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45). ``(b) Requirements for Labeling System.--A system for labeling the violent content in interactive video game products and services, video program products, motion picture products, and sound recording products under this section shall meet the following requirements: ``(1) The label of a product or service shall consist of a single label which-- ``(A) takes into account the nature, context, and intensity of the depictions of violence in the product or service; and ``(B) assesses the totality of all depictions of violence in the product or service. ``(2) The label of a product or service shall specify a minimum age in years for the purchase, viewing, listening to, use, or consumption of the product or service in light of the totality of all depictions of violence in the product or service. ``(3) The format of the label for products and services shall-- ``(A) incorporate each label provided for under paragraphs (1) and (2); ``(B) include a symbol or icon, and written text; and ``(C) be identical for each given label provided under paragraphs (1) and (2), regardless of the type of product or service involved. ``(4) In the case of a product or service sold in a box, carton, sleeve, or other container, the label shall appear on the box, carton, sleeve, or container in a conspicuous manner. ``(5) In the case of a product or service that is intended to be viewed, the label shall-- ``(A) appear before the commencement of the product or service; ``(B) appear in both visual and audio form; and ``(C) appear in visual form for at least five seconds. ``(6) Any advertisement for a product or service shall include a label of the product or service in accordance with the applicable provisions of this subsection. ``(c) Federal Trade Commission Responsibilities.--(1)(A) If the manufacturers and producers referred to in subsection (a) submit to the Federal Trade Commission a proposal for a labeling system referred to in that subsection not later than 180 days after the date of the enactment of the Media Violence Labeling Act of 1999, the Commission shall review the labeling system contained in the proposal to determine whether the labeling system meets the requirements set forth in subsection (b) in a manner that addresses fully the purposes set forth in section 2(b). ``(B) Not later than 180 days after commencing a review of the proposal for a labeling system under subparagraph (A), the Commission shall issue a labeling system for purposes of this section. The labeling system issued under this subparagraph may include such modifications of the proposal as the Commission considers appropriate in order to assure that the labeling system meets the requirements set forth in subsection (b) in a manner that addresses fully the purposes set forth in section 2(b). ``(2)(A) If the manufacturers and producers referred to in subsection (a) do not submit to the Commission a proposal for a labeling system referred to in that subsection within the time provided under paragraph (1)(A), the Commission shall prescribe regulations to establish a labeling system for purposes of this section that meets the requirements set forth in subsection (b). ``(B) Any regulations under subparagraph (A) shall be prescribed not later than one year after the date of the enactment of the Media Violence Labeling Act of 1999. ``(e) Prohibition on Sale or Distribution Without Label.-- Commencing one year after the date of the enactment of the Media Violence Labeling Act of 1999, a person may not manufacture or produce for sale or distribution in commerce, package for sale or distribution in commerce, or sell or distribute in commerce any interactive video game product or service, video program product, motion picture product, or sound recording product unless the product or service bears a label in accordance with the labeling system issued or prescribed by the Federal Trade Commission under subsection (d) which-- ``(1) is appropriate for the nature, context, and intensity of the depictions of violence in the product or service; and ``(2) specifies an appropriate minimum age in years for purchasers and consumers of the product or service. ``(f) Prohibition on Sale in Violation of Age Restriction.-- Commencing one year after the date of the enactment of the Media Violence Labeling Act of 1999, a person may not sell in commerce an interactive video game product or service, video program product, motion picture product, or sound recording product to an individual whose age in years is less than the age specified as the minimum age in years for a purchaser and consumer of the product or service, as the case may be, under the labeling system issued or prescribed by the Federal Trade Commission under subsection (d). ``(g) Investigations of Improper Labeling.--The Federal Trade Commission shall have the authority to receive and investigate allegations that an interactive video game product or service, video program product, motion picture product, or sound recording product does not bear a label under the labeling system issued or prescribed by the Commission under subsection (d) that is appropriate for the product or service, as the case may be, given the nature, context, and intensity of the depictions of violence in the product or service.''. (c) Civil Penalty.--That Act is further amended by inserting after section 10 (15 U.S.C. 1338) the following new section: ``civil penalty ``Sec. 10A. (a) In General.--Any person who violates subsection (e) or (f) of section 4A shall be subject to a civil penalty in an amount not to exceed $10,000 for each such violation. ``(b) Duration of Violation.--In the case of an interactive video game product or service, video program product, motion picture product, or sound recording product determined to violate section 4A(e), each day from the date of the commencement of sale or distribution of the product or service, as the case may be, to the date of the determination of the violation shall constitute a separate violation of subsection (a), and all such violations shall be aggregated together for purposes of determining the total liability of the manufacturer or producer of the product or service, as the case may be, for such violations under that subsection.''. (d) Short Title of Act.--The first section of that Act (15 U.S.C. 1331 note) is amended to read as follows: ``That this Act may be cited as the `Federal Cigarette and Media Violence Labeling and Advertising Act'''.

Media Violence Labeling Act of 1999 - Amends the Federal Cigarette Labeling and Advertising Act to state that it is the policy of Congress to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products, including with regard to the appropriateness of such products for minors. Authorizes manufacturers and producers of interactive video game products and services, video program products, motion picture products, and sound recording products (products) to submit to the Federal Trade Commission (FTC) a joint proposal for a system for labeling the violent content of such products. Outlines labeling system requirements, including that: (1) such product shall specify a minimum age for purchase and viewing; and (2) the label should appear conspicuously on the product. Requires the FTC to review any proposal that is submitted by such manufacturers and producers within 180 days after the enactment of this Act to determine if it meets such requirements. Requires the FTC to issue a labeling system within 180 days after commencing a review of such proposal. Directs the FTC to establish its own labeling system if a proposal is not submitted. Prohibits a person from manufacturing or producing such a product unless it bears a label meeting requirements of this Act. Prohibits a person, from the same date, from selling such product to an individual whose age is less than the minimum age specified under the labeling system. Empowers the FTC to investigate allegations of violations of this Act. Provides civil penalties for violations. Renames the Federal Cigarette Labeling and Advertising Act as the Federal Cigarette and Media Violence Labeling and Advertising Act.

Media Violence Labeling Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Strategy for Homeland Security Act of 2004''. SEC. 2. DEFINITIONS. In this Act, the following definitions shall apply: (1) Commission.--The term ``Commission'' means the Homeland Security Strategy Commission established under section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (3) Strategy.--The term ``Strategy'' means the National Strategy for Homeland Security developed under this Act. SEC. 3. NATIONAL STRATEGY FOR HOMELAND SECURITY. (a) Development and Submission of Strategy.-- (1) Development.--The Secretary, under the direction of the President, and in collaboration with the Assistant to the President for Homeland Security and the Homeland Security Council, shall develop the National Strategy for Homeland Security for the detection, prevention, protection, response, and recovery with regard to terrorist threats to the United States. (2) Submission to congress.-- (A) Initial submission.--Not later than December 1, 2005, and not later than December 1st of each year in which a President is inaugurated, the Secretary shall submit the Strategy to Congress. (B) Biennial update.--Not later than 2 years after each submission of the Strategy under subparagraph (A), the Secretary shall submit to Congress an updated version of the Strategy. (C) Progress reports.--Each year, in conjunction with the President's budget request, the Secretary shall provide an assessment of progress on implementing the Strategy, including the adequacy of resources to meet the objectives of the Strategy, and recommendations to improve and implement the Strategy. (3) Classified material.--Any part of the Strategy that involves information that is properly classified under criteria established by Executive Order shall be submitted to Congress separately in classified form. (b) Coordination With the Assistant to the President for Homeland Security.--The Secretary shall seek the assistance of the Assistant to the President for Homeland Security and the Homeland Security Council to-- (1) coordinate the input of Federal departments and agencies outside the Department of Homeland Security, which have homeland security responsibilities; and (2) work with the Secretary on all aspects of the Strategy. (c) Contents.-- (1) In general.--The Strategy shall include-- (A) a comprehensive statement of purpose, mission, and scope; (B) threat, vulnerability, and risk assessment and analysis, including an analysis of the threats and vulnerabilities regarding critical infrastructure, assets, and operations and a description of the role of the Homeland Security Institute in conducting such risk assessments; (C) a statement of desired end-states, including a hierarchy of strategic goals and subordinate objectives, as well as specific activities for achieving results and specific priorities, milestones, and performance measures to monitor progress toward goals; (D) an assessment of necessary resources and investments to achieve strategic goals, including the types of necessary resources involved and resource allocation mechanisms; (E) a delineation of organizational roles and responsibilities across the many entities involved in homeland security efforts, including-- (i) the proper roles and responsibilities of State, local, private, and international sectors, and a designation of coordinating mechanisms; and (ii) other specific measures to enhance cooperative efforts between the Federal government and the sectors described in clause (i); and (F) an explanation of the relationship between the Strategy and other Federal strategies addressing terrorist threats, including how these strategies will be integrated, and details on subordinate strategies within the Department of Homeland Security regarding specific aspects of homeland security. (2) Additional contents.--In addition to the items listed in paragraph (1), the Strategy shall include-- (A) policies and procedures to maximize the collection, translation, analysis, exploitation, and dissemination of information relating to combating terrorism and the homeland security response throughout the Federal government, and with State and local authorities, and, as appropriate, the private sector; (B) plans for countering chemical, biological, radiological, nuclear and explosive, and cyber threats; (C) plans for the coordination with, and integration of, the capabilities and assets of the United States military into all aspects of the Strategy, as appropriate; (D) plans for improving the resources of, coordination among, and effectiveness of, health and medical sectors for preventing, detecting, and responding to terrorist attacks on the homeland; (E) measures needed to enhance transportation security with respect to potential terrorist attacks, including aviation and non-aviation modes of transportation; (F) measures, based on the risk assessments under paragraph (1)(B), to identify and prioritize the need for protective and support measures for critical infrastructure and plans to secure these key assets; (G) an assessment of the Nation's ability to prevent, respond to, and recover from threatened and actual domestic terrorist attacks, and measures to enhance such preparedness across all levels of government and the private sector; (H) measures to secure the Nation's borders from terrorist threats, including agroterror, while continuing to facilitate the flow of legitimate goods and visitors; (I) plans for identifying, prioritizing, and meeting research and development objectives to support homeland security needs; and (J) plans for addressing other critical homeland security needs. (d) Cooperation.--At the request of the Secretary or the Assistant to the President for Homeland Security, Federal agencies shall provide necessary information or planning documents relating to the Strategy. SEC. 4. NATIONAL HOMELAND SECURITY COMMISSION. (a) Establishment.--The Secretary shall establish a nonpartisan, independent commission to be known as the Homeland Security Commission. (b) Membership.-- (1) Composition.--The Commission shall be composed of 9 members, including a chair, who shall be appointed by the Secretary, in consultation with the chairman and ranking member of-- (A) the Committee on Governmental Affairs of the Senate; and (B) the Select Committee on Homeland Security of the House of Representatives. (2) Qualifications.--Members of the Commission appointed under paragraph (1)-- (A) shall be recognized experts in matters relating to the homeland security of the United States; and (B) shall not be officers or employees of the Federal Government. (3) Period of appointment.--Each member of the Commission shall be appointed to the Commission for an 18-month term, which shall begin on December 1, 2005. (4) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (5) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. A quorum is required to approve any report issued by the Commission, but a minority of members may submit an appendix to be included in such report. (c) Duties.--The Commission shall conduct an independent, alternative assessment of the optimal policies and programs to improve homeland security against terrorist threats, including, to the extent practicable, an estimate of the funding required each fiscal year to support such policies and programs. (d) Compensation.--Each member of the Commission shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day, including travel time, during which the member is engaged in the performance of the duties of the Commission. (e) Travel Expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (f) Staff.-- (1) In general.--The Chair of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director (subject to Commission confirmation) and such other additional personnel as may be necessary to enable the Commission to perform its duties. (2) Compensation.--The Chair of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to the classification of positions and General Schedule pay rates, except that the rate of pay may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Personnel as federal employees.-- (A) In general.--The executive director and all employees of the Commission shall be employees under section 2015 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (B) Members of commission.--Subparagraph (A) shall not apply to members of the Commission. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (g) Administrative Provisions.-- (1) Use of mail and printing.--The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government. (2) Support services.--The Secretary shall furnish the Commission any administrative and support services requested by the Commission. (3) Gifts.--The Commission may accept and dispose of gifts or donations of services or property. (h) Payment of Commission Expenses.--The compensation, travel expenses, and per diem allowances of members and employees of the Commission shall be paid out of funds available to the Department for the payment of compensation, travel allowances and per diem allowances, respectively, of civilian employees of the Department. The other expenses of the Commission shall be paid out of funds available to the Department for the payment of similar expenses incurred by the Department. (i) Report.--Not later than December 1, 2006, the Commission shall submit, to the committees referred to under subsection (b)(1), a report that-- (1) describes the activities, findings, and recommendations of the Commission; and (2) provides recommendations for legislation that the Commission considers appropriate.

National Strategy for Homeland Security Act of 2004 - Directs the Secretary of Homeland Security, under the direction of the President, to develop a National Strategy for Homeland Security for detection, prevention, protection, response, and recovery with regard to terrorist threats to the United States. Requires the Secretary to: (1) submit the Strategy to Congress by December 1st of each year in which a President is inaugurated and to submit an updated version two years thereafter; and (2) provide, in conjunction with the President's budget request, an annual assessment of progress on implementing the Strategy. Sets forth contents of the Strategy, including: (1) threat, vulnerability, and risk assessment and analysis; (2) a statement of desired end-states; (3) an assessment of necessary resources and investments; (4) a delineation of organizational roles and responsibilities across the many entities involved; and (5) an explanation of the relationship between the Strategy and other Federal strategies addressing terrorist threats. Directs the Secretary to establish a nonpartisan, independent Homeland Security Commission to conduct an alternative assessment of the optimal policies and programs to improve homeland security against terrorist threats, including an estimate of the funding required.

A bill to develop the National Strategy for Homeland Security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Regional Energy Partnerships for Advancing Resilient Energy Systems Act'' or the ``PREPARE Act''. SEC. 2. FINDINGS. Congress finds that-- (1) energy systems in the United States are in a period of significant change; (2) aging infrastructure, new technologies, increasing complexity, and growing threats are posing new challenges to energy systems and their resilience; (3) the interconnected nature of energy systems means regional energy strategies and plans will be more effective at preparing for challenges and mitigating risks; (4) States have distinct needs and unique energy, environmental, and economic goals and will play a critical role in developing and implementing regional energy strategies and plans; (5) the views and participation of a broad range of stakeholders in the development and implementation of regional energy strategies and plans is needed for success; and (6) the Federal Government, in the role of a long-term strategic energy partner, can effectively-- (A) establish strategic alliances with States; (B) convene stakeholders; (C) facilitate the process of developing regional energy strategies and plans; and (D) provide technical assistance and support in implementation. SEC. 3. DEFINITIONS. In this Act: (1) Cooperative agreement.--The term ``cooperative agreement'' has the meaning given the term in sections 6302 and 6305 of title 31, United States Code. (2) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary of Energy, acting through the Assistant Secretary of the Office of Electricity Delivery and Energy Reliability in consultation with the Assistant Secretary of Energy Efficiency and Renewable Energy, the Assistant Secretary of Fossil Energy, and the Director of the Office of Nuclear Energy, Science, and Technology Programs; and (B) the Secretary of the Interior, acting through the Assistant Secretary for Land and Minerals Management in consultation with the Director of the Bureau of Land Management, the Director of the Bureau of Ocean Energy Management, the Assistant Secretary for Indian Affairs, and the Assistant Secretary for Fish and Wildlife and Parks. (3) State.--The term ``State'' means-- (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. SEC. 4. REGIONAL ENERGY PARTNERSHIPS. (a) In General.--The Secretaries shall provide assistance in accordance with this section for the purpose of developing energy strategies and plans that help harmonize and promote national, regional, and State energy goals, including goals for advancing resilient energy systems to mitigate risks and prepare for emerging energy challenges. (b) Technical Assistance.--The Secretaries may provide such technical assistance to States, political subdivisions of States, substate regional organizations (including organizations that cross State boundaries), multistate regional organizations, Indian tribes, and nonprofit organizations as the Secretaries determine appropriate to promote-- (1) the development and improvement of regional energy strategies and plans that sustain and promote energy system modernization across the United States; (2) investment in energy infrastructure, technological capacity, innovation, and workforce development to keep pace with the changing energy ecosystem; (3) structural transformation of the financial, regulatory, legal, and institutional systems that govern energy planning, production, and delivery within States and regions; and (4) public-private partnerships for the implementation of regional energy strategies and plans. (c) Cooperative Agreements.-- (1) In general.--The Secretaries may enter into cooperative agreements with 1 or more States and Indian tribes, on a regional basis, to develop and implement strategies and plans to address the energy challenges of States, Indian tribes, and regions. (2) Requirements.--A cooperative agreement entered into under this subsection shall include provisions covering or providing-- (A) the purpose and goals of the cooperative agreement, such as advancing energy efficiency, clean energy, fuel and supply diversity, energy system resiliency, economic development, or other goals to make measurable, significant progress toward specified metrics and objectives that are agreed to by the States or Indian tribes and the Secretaries; (B) the roles and responsibilities of the States or Indian tribes and the Secretaries for various functions of the cooperative agreement, including outreach, communication, resources, and capabilities; (C) a comprehensive framework for the development of energy strategies and plans for States, Indian tribes, or regions; (D) timeframes with associated metrics and objectives; (E) a governance structure to resolve conflicts and facilitate decisionmaking consistent with underlying authorities; and (F) other provisions determined necessary by the Secretaries, in consultation with the States or Indian tribes, to achieve the purposes described in paragraph (1). (d) Staff.-- (1) In general.--Not later than 30 days after the date of the entering into a cooperative agreement under subsection (c), the Secretaries shall, as appropriate, assign or employ individuals who have expertise in the technical and regulatory issues relating to the cooperative agreement, including particular expertise in (as applicable)-- (A) energy systems integration; (B) renewable energy and energy efficiency; (C) innovative financing mechanisms; (D) utility regulatory policy; (E) modeling and analysis; (F) facilitation and arbitration; (G) energy assurance and emergency preparedness; and (H) cyber and physical security of energy systems. (2) Duties.--Each individual assigned to carry out a cooperative agreement under paragraph (1) shall-- (A) report to a location in the applicable State, Indian tribe, or region not later than 90 days after the date of assignment; (B) be responsible for issues and technical assistance relating to the cooperative agreement; (C) participate as part of the team of personnel working on developing and implementing the applicable regional energy strategy and plan; and (D) build capacity within the State, Indian tribe, or region to continue to implement the goals of this Act after the expiration of the cooperative agreement. (e) Comprehensive Framework.--Under a cooperative agreement, a comprehensive framework shall be developed that identifies opportunities and actions across various energy sectors and cross- cutting issue areas, including-- (1) end-use efficiency; (2) energy supply, including electric generation and fuels; (3) energy delivery; (4) transportation; (5) technical integration, including standards and interdependencies; (6) institutional structures; (7) regulatory policies; (8) financial incentives; and (9) market mechanisms. (f) Awards.-- (1) Definitions.--In this subsection: (A) Application group.--The term ``application group'' means a group of States or Indian tribes that have-- (i) entered into a cooperative agreement, on a regional basis, with the Secretaries under subsection (c); and (ii) submitted an application for an award under paragraph (2)(A). (B) Partner state.--The term ``partner State'' means a State or Indian tribe that is part of an application group. (2) Applications.-- (A) In general.--Subject to subparagraph (B), an application group may apply to the Secretaries for awards under this subsection. (B) Individual states.--An individual State or Indian tribe that has entered into a cooperative agreement with the Secretaries under subsection (c) may apply to the Secretaries for an award under this subsection if the State or Indian tribe demonstrates to the Secretaries the uniqueness of the energy challenges facing the State or Indian tribe. (3) Base amount.--Subject to paragraph (4), the Secretaries shall provide 6 awards under this subsection, with a base amount of $20,000,000 for each award. (4) Bonus amount for application groups.-- (A) In general.--Subject to subparagraph (B), the Secretaries shall increase the amount of an award provided under this subsection to an application group for a successful application under paragraph (2)(A) by the quotient obtained by dividing-- (i) the product obtained by multiplying-- (I) the number of partner States in the application group; and (II) $100,000,000; by (ii) the total number of partner States of all successful applications under this subsection. (B) Maximum amount.--The amount of a bonus determined under subparagraph (A) shall not exceed an amount that represents $5,000,000 for each partner State that is a member of the relevant application group. (5) Limitation.--A State or Indian tribe shall not be part of more than 1 award under this subsection. (6) Selection criteria.--In selecting applications for awards under this subsection, the Secretaries shall consider-- (A) existing commitments from States or Indian tribes, such as memoranda of understanding; (B) for States that are part of the contiguous 48 States, the number of contiguous States involved that cover a region; (C) the diversity of the regions represented by all applications; (D) the amount of cost-share or in-kind contributions from States or Indian tribes; (E) the scope and focus of regional and State programs and strategies, with an emphasis on energy system resiliency and grid modernization, efficiency, and clean energy; (F) a management and oversight plan to ensure that objectives are met; (G) an outreach plan for the inclusion of stakeholders in the process for developing and implementing State or regional energy strategies and plans; (H) the inclusion of tribal entities; (I) plans to fund and sustain activities identified in regional energy strategies and plans; and (J) the clarity of roles and responsibilities of each State and the Secretaries. (7) Use of awards.-- (A) In general.--Awards provided under this subsection shall be used to achieve the purpose of this section, including by-- (i) conducting technical analyses, resource studies, and energy system baselines; (ii) convening and providing education to stakeholders on emerging energy issues; (iii) building decision support and planning tools; and (iv) improving communication between and participation of stakeholders. (B) Limitation.--Awards provided under this subsection shall not be used for-- (i) capitalization of green banks or loan guarantees; or (ii) building facilities or funding capital projects. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $250,000,000, to remain available until expended. (b) Allocation.--Of the amount authorized to be appropriated under subsection (a)-- (1) $120,000,000 shall be used for the base amount of awards under section 4(f)(3); (2) $100,000,000 shall be used for the bonus amount of awards under section 4(f)(4); and (3) $30,000,000 shall be for the administration of this Act, including-- (A) the assignment of staff under section 4(d); and (B) if the Secretaries determine appropriate, the sharing of best practices from regional partnerships by parties to cooperative agreements entered into under this Act. (c) State Energy Offices.--Funds provided to a State under this Act shall be provided to the office within the State that is responsible for developing the State energy plan for the State under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). (d) Maintenance of Funding.--The funding provided to States under this Act shall supplement (and not supplant) funding provided under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).

Promoting Regional Energy Partnerships for Advancing Resilient Energy Systems Act or the PREPARE Act - Directs the Secretary of Energy (DOE) and the Secretary of the Interior (acting through specified Assistant Secretaries) to provide technical assistance to governmental entities, Indian tribes, and regional and nonprofit organizations to develop energy strategies that harmonize and promote national, regional, and state energy goals. Sets forth an awards program addressing the uniqueness of the energy challenges facing states and Indian tribes.

PREPARE Act

SECTION 1. SPECIAL OFFICE OF THE INSPECTOR GENERAL FOR NATURAL DISASTER RESPONSE AND RECONSTRUCTION. (a) Purposes.--The purposes of this section are as follows: (1) To ensure that funds, services, products, and programs intended to meet the needs of victims of Hurricane Katrina are effectively and efficiently provided by maintaining direct, independent and objective conduct of related audits and investigations. (2) To provide the Inspector General of the Department of Homeland Security additional resources capable of making recommendations and policies to prevent and detect fraud and abuse, and ensure effective administration of programs and services related to the aftermath of Hurricane Katrina. (b) Definitions.--In this section: (1) Affected area.--The term ``affected area'' means any area determined in Presidential Disaster Declaration 1603, 1604, or 1605, issued August 29, 2005, to be adversely affected by a major disaster. (2) The term ``Inspector General'' means the Inspector General of the Department of Homeland Security. (3) The term ``Special Office'' means the Special Office of the Inspector General for Natural Disaster Response and Reconstruction established by this section. (4) The term ``Director'' means the Director of the Special Office. (c) Special Office of the Inspector General for Natural Disaster Response and Reconstruction.--There is hereby established within the Office of the Inspector General of the Department of Homeland Security the Special Office of the Inspector General for Natural Disaster Response and Reconstruction. (d) Director of the Special Office of the Inspector General.-- (1) In general.--The Director of the Special Office of the Inspector General shall be the head of the Special Office and shall be appointed by the Inspector General. (2) Basis for appointment.--The appointment of the Director shall be made solely on the basis of integrity, administrative expertise, and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (3) Deadline for appointment.--The appointment of a Director by the Inspector General shall be made not later than 30 days after the date of the enactment of this Act. (4) Basic pay.--The annual rate of basic pay of the Director shall be set by the Inspector General, subject to the provisions of chapter 51 and subchapter III of chapter 53 or title 5, United States Code, governing classification and General Schedule pay rates. (e) Supervision.--The Director shall report directly to, and be under the direct authority and general supervision of, the Inspector General. (f) Duties.-- (1) In general.--It shall be the duty of the Special Office to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of Federal funds by any organization providing relief, assistance, or reconstruction related to Hurricane Katrina and of the programs, operations, and contracts carried out utilizing such funds, including-- (A) the oversight and accounting of the obligation and expenditure of such funds; (B) the monitoring and review of reconstruction activities funded by such funds; (C) the monitoring and review of contracts funded by such funds; (D) the monitoring and review of the transfer of such funds and associated information between and among the affected States, departments, agencies, and entities of the Federal Government, and private and nongovernmental entities; and (E) the maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such funds. (2) Systems, procedure, and controls.--The Director, in consultation with the Inspector General, shall establish, maintain, and oversee such systems, procedures, and controls as shall be considered appropriate by them to discharge the duty under paragraph (1). (g) Personnel, Facilities, and Other Resources.-- (1) Additional employee.--The Inspector General may select, appoint, and employ additional employees above authorized levels as may be necessary for carrying out the duties of the Special Office under this section, but no more than 40 additional full-time equivalent positions. (2) Field office.--The Inspector General may operate field offices in the affected areas as may be necessary for the Special Office to carry out the duties prescribed in subsection (f). (h) Reports.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, or the end of the first fiscal quarter beginning after the date of the enactment of this Act, whichever is later, and every fiscal quarter thereafter, the Inspector General shall submit to the Congress a report summarizing the activities and findings, if any, of the Special Office during the period after the last report issued/preceding fiscal quarter? note that there will be no ``last report '' before the first report . Each report shall include, for the period covered by such report, a detailed statement of all obligations, expenditures, and revenues associated with relief, reconstruction, and rehabilitation activities in the areas affected by Hurricane Katrina, including the following: (A) Obligations and expenditures of appropriated funds. (B) Revenues attributable to or consisting of funds provided by foreign nations or international organizations, and any obligations or expenditures of such revenues. (C) Any contracts having a value of more than $2,000,000 entered into by any Federal agency with any public or private entity, to-- (i) provide products, services, or temporary or permanent housing to those persons affected by Hurricane Katrina; and (ii) build or rebuild physical infrastructure in the affected areas. (D) In the case of any contract described in subparagraph (C)-- (i) the amount of the contract or other agreement; (ii) a brief discussion of the scope of the contract or other agreement; (iii) a discussion of how the contracting agency identified, and solicited offers from, potential contractors to perform the contract, together with a list of the potential contractors that were issued solicitations for the offers; and (iv) the justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. (E) A discussion related to any administrative delays in getting available services or products to the their intended recipients in a timely manner. (2) Prohibition on disclosure of information.--Nothing in this subsection shall be construed to authorize the public disclosure of information that is specifically prohibited from disclosure under law. (i) Transparency.--Not later than 60 days after the date of the submittal to the Congress of a report under subsection (h), the Secretary of Homeland Security shall make copies of such report available to the public upon request, and at a reasonable cost. (j) Funding.--Of the funds appropriated for the Department of Homeland Security in the Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005, $15,000,000 shall be available to the Office of the Inspector General to carry out this section for fiscal year 2006.

Establishes within the Office of Inspector General of the Department of Homeland Security the Special Office of the Inspector General for Natural Disaster Response and Reconstruction. Requires the Special Office to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of federal funds by any organization providing relief, assistance, or reconstruction related to Hurricane Katrina, and of the programs, operations, and contracts carried out utilizing such funds.

To establish within the Office of the Inspector General of the Department of Homeland Security the Special Office of the Inspector General for Natural Disaster Response and Reconstruction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``True Understanding of the Economy and Safety Act'' or the ``TRUE Safety Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the trucking industry is the backbone of the Nation's economy, with nearly 7 million Americans working in trucking- related jobs, including more than 3 million commercial truck drivers; (2) 80 percent of all communities in the United States depend solely on trucks to deliver and supply their essential everyday commodities; (3) Federal regulations governing the hours of service for commercial truck drivers must be based on full and fair scientific research, analysis, and operational testing; (4) the restart rule that became effective on July 1, 2013, was based mainly on a one-month sleep study conducted in a laboratory setting; (5) the new restart rule will cost the trucking industry up to $376,000,000 annually, reducing productivity, impacting driver pay, and increasing the cost to deliver goods; and (6) the restart rule should not have become effective prior to completion of the thorough operational study required by section 32301 of the Moving Ahead for Progress in the 21st Century Act or MAP-21 (Public Law 112-141; 126 Stat. 786). SEC. 3. GAO ASSESSMENTS. (a) Assessment of Methodology for MAP-21 Restart Study.-- (1) In general.--After completion of the field study and submission of the report regarding such study by the Administrator of the Federal Motor Carrier Safety Administration, required by section 32301 of MAP-21, the Comptroller General shall conduct an assessment of the methodology followed by the Secretary of Transportation in carrying out the efficacy of the restart rule published on December 27, 2011. (2) Purpose.--The purpose of the assessment shall be to assess the extent to which the methodology meets the requirement of MAP-21 that-- (A) the data collected is representative of the drivers subject to the restart rule; (B) the methodology is statistically valid; and (C) the study followed the plan for the ``Scheduling and Fatigue Recovery Project'' developed by the Federal Motor Carrier Safety Administration. (b) Assessment of Regulatory Impact Analysis.-- (1) In general.--The Comptroller General shall conduct an assessment of the Regulatory Impact Analysis that accompanied the final rule published by the Department of Transportation in the Federal Register on December 27, 2011, entitled ``Hours of Service of Drivers'' (76 Fed. Reg. 81134). (2) Purpose.--The purpose of the GAO assessment shall be-- (A) to conduct an analysis of the methodology and data used by the Federal Motor Carrier Safety Administration in its Regulatory Impact Analysis; (B) to evaluate the validity and representativeness of the driver data used to evaluate the operational and economic impacts of the new 34-hour restart rule applicable to operators of commercial motor vehicles; (C) to conduct an analysis of the data and methodology used to develop the proposed safety and health benefits of the new 34-hour restart rule applicable to operators of commercial motor vehicles; (D) to review the safety, health, cost, and operational implications of the restart rule, and the potential impact of a greater number of commercial motor vehicles on major roads during ``morning commutes'' as a result of the restart rule; and (E) review the research used in developing and justifying the new restart rule, particularly as it relates to the use of a laboratory test to justify the rule rather than an operational test in the field. (c) Reports.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a final report to the appropriate committees of Congress on the assessments required under subsections (a) and (b), including any recommendations. SEC. 4. DELAY IN APPLICATION OF RULE. (a) Delay in Application of Rule.--Effective as of the date of enactment of this Act, the restart rule published by the Department of Transportation in the Federal Register on December 27, 2011, shall have no force or effect until 6 months after the study report required by this Act has been submitted to Congress. (b) Application of Previous Rule Provision.--For the period specified under subsection (a), the 34-hour restart rule issued on April 28, 2003 (68 Fed. Reg. 22456), shall be in effect. (c) December 2011 Rule.--The Secretary shall not apply the rule described in subsection (a) if the conclusions of the operational study completed pursuant to MAP-21 do not support or concur with the conclusions of the laboratory study on which the rule was based.

True Understanding of the Economy and Safety Act or TRUE Safety Act - Directs the Comptroller General (GAO), after the Administrator of the Federal Motor Carrier Safety Administration (FMCSA) reports to Congress on an hours of service field study, to assess the methodology followed by the Secretary of Transportation (DOT) in carrying out the efficacy of the restart rule ("Hours of Service of Drivers") published on December 27, 2011, which applies to operators of commercial motor vehicles of property subject to maximum DOT driving time requirements. Requires the assessment to evaluate the extent to which that methodology meets the requirements of the Moving Ahead for Progress in the 21st Century Act (MAP-21) that: (1) the data collected is representative of the drivers subject to the restart rule, (2) the methodology is statistically valid, and (3) the study followed the FMCSA plan for the "Scheduling and Fatigue Recovery Project." Directs GAO to assess the Regulatory Impact Analysis that accompanied the final 2011 restart rule. Nullifies the 2011 restart rule until six months after the study report required by this Act has been submitted to Congress. Prohibits the Secretary from applying the restart rule if the conclusions of the field study completed pursuant to MAP-21 do not support or concur with the conclusions of the laboratory study on which the rule was based.

TRUE Safety Act

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Medicare Drug Card Guaranteed Savings Act''. (b) Findings.--Congress finds the following: (1) Americans who buy their own prescription drugs often pay twice as much for prescription drugs as consumers in foreign nations or as the price the Department of Veterans Affairs obtains by negotiating directly with the pharmaceutical manufacturers. In some cases, older Americans pay 10 times more for prescription drugs than such customers. Prescription drug prices have increased 3.4 percent during the first quarter of 2004, nearly three times the rate of inflation. (2) The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law No: 108-173) established a program for the endorsement of medicare drug discount card programs in order to provide for reduced prices for drugs for medicare beneficiaries and provide a subsidy for low-income medicare beneficiaries. (3) There are currently more than 70 endorsed medicare drug discount card programs. Medicare drug discount card programs can change the drugs that they offer and the size of the discounts every seven days. Medicare beneficiaries are allowed to change their current medicare drug discount card program only once, during an annual enrollment period between November 15 and December 31, 2004. (4) Enrollment in medicare drug discount card programs has been less than projected due to the complexity of the programs, the limited number of drugs covered under most programs, the changing prescription drug needs of beneficiaries, and beneficiaries' concern that the programs do not guarantee real savings on prescription drug purchases. As of July 19, 2004, fewer than 14 percent of low-income medicare beneficiaries who qualify for the $600 subsidy under the law have enrolled in a medicare drug discount card program. (5) Currently, medicare discount drug card sponsors are required to pass on to enrollees only an undefined ``share'' of the rebates they secure from drug manufacturers and card sponsors can use the remaining savings for administrative costs and profit. The law does not require the sponsors to reveal to enrollees the size of the rebates secured from drug manufacturers or to disclose what portion of those rebates are kept by the sponsors and not passed on to enrollees. (6) There is a need for a Federal national medicare prescription drug discount card program that offers guaranteed discounts on all prescription drugs and that aggregates the buying power of all medicare beneficiaries in order to negotiate significant reductions in price. SEC. 2. OFFERING OF FEDERAL NATIONAL PRESCRIPTION DRUG DISCOUNT CARD PROGRAM. (a) Offering of Program.-- (1) In general.--Subsection (a)(1) of section 1860D-31 of the Social Security Act (42 U.S.C. 1395w-141) is amended-- (A) by striking ``and'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) to provide for the offering of a Federal national prescription drug discount card program that is available for discount card eligible individuals throughout the United States (including the territories) and that meets the requirements under subsection (l)(1) in addition to the requirements otherwise applicable to an endorsed discount card program.''. (2) Exclusive program in 2005.--Subsection (c)(1)(C) of such section is amended-- (A) in clause (i), by striking ``clauses (ii) and (iii)'' and inserting ``clauses (ii) through (iv)''; and (B) by adding at the end the following new clause: ``(iv) Limitation to enrollment in federal national prescription drug discount card program in 2005.--Notwithstanding any other provision of this section, for periods beginning with January 1, 2005, the only discount card program in which an individual may be enrolled under this section shall be the Federal national prescription drug discount card program described in subsection (l). Individuals enrolled in another program as of December 31, 2004, who do not affirmatively disenroll from all discount card programs under this section are deemed to be enrolled in such Federal national prescription drug discount card program.''. (b) Additional Program Requirements.--Such section is further amended by adding at the end the following new subsection: ``(l) Provisions Relating to Federal National Prescription Drug Discount Card Program.-- ``(1) Additional requirements.--The Federal national prescription drug discount card program described in subsection (a)(1)(C) shall also meet the following requirements: ``(A) Discounted prices.--Through direct negotiations with prescription drug manufacturers, the discounted prices offered under the program shall be less than prices otherwise available in the retail market. Through such negotiations, the Secretary shall obtain discounted prices that are at least as low as the manufacturer's average foreign price (as defined in paragraph (3)) for the drug involved. ``(B) Passing through all savings.--The full amount of discounted savings are passed through to enrollees. ``(C) Fee for card.--The annual fee for enrollment in the program shall be $30 (except as provided under subparagraphs (E) through (G) of subsection (c)(1)), which fees shall be available to the Secretary for administrative expenses in offering such program. ``(D) National availability.--The program shall be made available to individuals residing anyplace in the United States. ``(E) Handling fee for pharmacists.--The program shall be designed to provide for a reasonable handling fee for pharmacists in connection with the provision of drugs obtained under the program and shall be approximately equal to the average handling fee for pharmacists of other large insurance plans that administer drug benefits. ``(2) Oversight.--The oversight authority of the Secretary under subsection (i)(2) with respect to such Federal national prescription drug discount card program shall be exercised by the Inspector General of the Department of Health and Human Services. ``(3) Average foreign price defined.-- ``(A) In general.--For purposes of this subsection, the term `average foreign price' means, with respect to a covered discount card drug, the average price that the manufacturer of the drug realizes on the sale of drugs with the same active ingredient or ingredients that are consumed in Canada, France, Germany, Italy, Japan, and the United Kingdom, taking into account-- ``(i) any rebate, contract term or condition, or other arrangement (whether with the purchaser or other persons) that has the effect of reducing the amount realized by the manufacturer on the sale of the drugs; ``(ii) adjustments for any differences in dosage, formulation, or other relevant characteristics of the drugs; and ``(iii) any other contract or side agreement that has the effect of adjusting the effective price of the drug, including agreements to purchase non-drug products. ``(B) Exempt transactions.--The Secretary may, by regulation, exempt from the calculation of the average foreign price of a drug those prices realized by a manufacturer in transactions that are entered into for charitable purposes, for research purposes, or under other unusual circumstances, if the Secretary determines that the exemption is in the public interest and is consistent with the purposes of this section.''. (c) Conforming Amendments.--Such section is further amended-- (1) in subsection (h)(1)(A), by adding after and below clause (v) the following new sentence: ``Such term also includes the Secretary with respect to the offering of the Federal national prescription drug discount card program described in subsection (a)(1)(C).''; (2) in subsection (h)(2)(A), by adding at the end the following: ``The Secretary shall establish a separate procedure for the qualification of the Federal national prescription drug discount card program described in subsection (a)(1)(C).''; and (3) in subsection (k)(6), by inserting before the period at the end the following: ``, except in the case of the Federal national prescription drug discount card program described in subsection (a)(1)(C)''. (d) Implementation.-- (1) Availability of funds.--Notwithstanding any other provision of law, funds provided under section 1015 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) shall be available to the Secretary of Health and Human Services for reasonable administrative costs in offering the Federal national prescription drug discount card program described in section 1860D-31(a)(1)(C) of the Social Security Act, as added by subsection (a). (2) Timely implementation.--The Secretary shall take such steps as may be required to provide for the offering of such program during the annual open enrollment period occurring in November, 2004.

Medicare Drug Card Guaranteed Savings Act - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to provide for the offering of a Federal national prescription drug discount card program. Charges a $30 fee for the card under the program. Provides for direct negotiations by the Secretary of Health and Human Services with prescription drug manufacturers to obtain discount prices that are to be less than prices otherwise available in the retail market. Provides that: (1) for periods beginning with January 1, 2005, the only discount card program in which an individual may be enrolled shall be the Federal national prescription drug discount card program; and (2) individuals enrolled in another program as of December 31, 2004, who do not affirmatively disenroll from all discount card programs are deemed to be enrolled in such Federal national prescription drug discount card program.

To amend part D of title XVIII of the Social Security Act to provide for the offering of a Federal national prescription drug discount card program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Vehicles Incentive Act of 2013''. SEC. 2. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. (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. 45S. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN NONATTAINMENT AREAS. ``(a) In General.--For purposes of section 38, in the case of an eligible business the clean-fuel credit determined under this section for the taxable year is the sum of-- ``(1) the clean-fuel property credit, plus ``(2) the clean-burning fuel use credit. ``(b) Clean-Fuel Property Credit.-- ``(1) In general.--The clean-fuel property credit is the sum of-- ``(A) qualified vehicle property costs, plus ``(B) qualified refueling property costs. ``(2) Qualified vehicle property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified vehicle property costs' means the amount paid or incurred by the eligible business for qualified clean-fuel vehicle property which is placed in service during the taxable year by the eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Limitation.--The amount which may be taken into account under subparagraph (A) with respect to any motor vehicle shall not exceed-- ``(i) $8,000, in the case of a motor vehicle with a gross vehicle weight rating of not more than 8,500 pounds, ``(ii) $20,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds, ``(iii) $40,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and ``(iv) $80,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 26,000 pounds. ``(C) Qualified clean-fuel vehicle property.--The term `qualified clean-fuel vehicle property' shall have the meaning given to such term by section 179A(c) (without regard to paragraphs (1)(A) and (3) thereof), except that such term does not include property that is a motor vehicle propelled by a fuel that is not a clean-burning fuel. ``(3) Qualified refueling property costs.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified refueling property costs' means amounts paid or incurred by the eligible business for qualified clean-fuel vehicle refueling property (as defined by section 179A(d)) which is placed in service in a nonattainment area during the taxable year by the eligible business. ``(B) Limitation.-- ``(i) In general.--The aggregate cost which may be taken into account under subparagraph (A) with respect to qualified clean-fuel vehicle refueling property placed in service by the eligible business during the taxable year at a location shall not exceed the lesser of-- ``(I) $150,000, or ``(II) the cost of such property reduced by the amount described in clause (ii). ``(ii) Reduction for amounts previously taken into account.--For purposes of clause (i)(II), the amount described in this clause is the sum of-- ``(I) the aggregate amount taken into account under paragraph (1)(B) for all preceding taxable years, and ``(II) the aggregate amount taken into account under section 179A(a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years. ``(iii) Special rules.--For purposes of this subparagraph, the provisions of subparagraphs (B) and (C) of section 179A(b)(2) shall apply. ``(c) Clean-Burning Fuel Use Credit.-- ``(1) In general.--For purposes of subsection (a), the clean-burning fuel use credit is the amount equal to 50 cents for each gasoline gallon equivalent of clean-burning fuel used by an eligible business during the taxable year to propel qualified clean-fuel vehicle property. ``(2) Clean-burning fuel.--For purposes of paragraph (1), the term `clean-burning fuel' has the meaning given to such term by section 179A, except that such term includes compressed natural gas and biodiesel (as defined by section 40A(d)(1)). ``(3) Gasoline gallon equivalent.--For purposes of paragraph (1), the term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(d) Other Definitions.--For purposes of this section-- ``(1) Eligible business.--The term `eligible business' means-- ``(A) a qualified business entity or a qualified proprietorship (as such terms are defined by section 1397C, determined by substituting `nonattainment area' for `empowerment zone' and `enterprise zone' each place it appears), and ``(B) a trade or business located outside of a nonattainment area, but only with respect to qualified clean-fuel vehicle property used substantially within a nonattainment area. ``(2) Nonattainment area.--The term `nonattainment area' shall have the meaning given to such term by section 171 of the Clean Air Act (42 U.S.C. 7501). ``(e) Denial of Double Benefit.--Except as provided in section 30B(d)(4), 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. ``(f) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) with respect to any property substantially all of the use of which is not in a nonattainment area.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(37) the clean-fuel credit determined under section 45S.''. (c) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end thereof the following new subsection: ``(i) Zone Clean Fuels Expenses.--No deduction shall be allowed for that portion of expenses for clean-burning fuel 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 45S.''. (d) Credit Allowed Against Regular and Minimum Tax.--Subparagraph (B) of section 38(c)(4) of such Code (relating to specified credits) is amended by striking ``and'' at the end of clause (viii), by striking the period at the end of clause (ix) and inserting ``, and'', and by inserting after clause (ix) the following: ``(x) the credit determined under section 45S.''. (e) Deduction for Certain Unused Business Credits.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by adding after paragraph (14) the following new paragraph: ``(15) the clean fuels credit determined under section 45S.''. (f) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45R the following new item: ``Sec. 45S. Clean-fuel credit with respect to businesses located in nonattainment areas.''. (g) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2012. SEC. 3. CREDIT FOR HYBRID VEHICLES PLACED IN SERVICE IN NONATTAINMENT AREAS. (a) In General.--Subsection (d) of section 30B of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Vehicles placed in service in nonattainment area after 2012.-- ``(A) In general.--No amount shall be allowed as a credit determined under this subsection for any taxable year beginning after 2012 with respect to a new qualified hybrid motor vehicle unless such vehicle is placed in service by an eligible business and substantially all of the use of which is in a nonattainment area. ``(B) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) by reason of subparagraph (A) with respect to any property substantially all of the use of which is not in a nonattainment area. ``(C) Phaseout not to apply.--For purposes of this subsection, subsection (f) shall not apply. ``(D) Definitions.--For purposes of this subsection, the terms `eligible business' and `nonattainment area' have the meanings given such terms by section 45S(d).''. (b) Extension of Credit for Hybrid Vehicles Placed in Service in Nonattainment Areas.--Paragraph (3) of section 30(k) of such Code is amended to read as follows: ``(3) in the case of a new qualified hybrid motor vehicle (as described in subsection (d)(2)(B))-- ``(A) December 31, 2009, and before January 1, 2013, or ``(B) December 31, 2012, and before January 1, 2018.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2012.

Clean Vehicles Incentive Act of 2013 - Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and the use of clean-burning fuel. Allows the credit to be taken against regular and alternative minimum tax liabilities. Allows a tax deduction for any unused clean fuel credit amounts. Allows a new qualified hybrid motor vehicle tax credit for any taxable year after 2012 only for such a vehicle which is placed in service after December 31, 2012, by an eligible business and substantially all of the use of which is in a nonattainment area.

Clean Vehicles Incentive Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Communities Committed to College Tax Credit Act of 2008''. SEC. 2. CREDIT FOR CONTRIBUTIONS TO A TRUST USED TO PROVIDE NEED-BASED COLLEGE SCHOLARSHIPS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30D. CONTRIBUTIONS TO TRUST USED TO PROVIDE NEED-BASED COLLEGE SCHOLARSHIPS. ``(a) Allowance of Credit.--In addition to any deduction allowable under this title, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of designated qualified college scholarship funding contributions made by the taxpayer during the taxable year. ``(b) Designated Qualified College Scholarship Funding Contribution.--For purposes of this section-- ``(1) In general.--The term `designated qualified college scholarship funding contribution' means any charitable contribution (as defined in section 170(c))-- ``(A) which is paid in cash by the taxpayer to a qualified scholarship funding trust, and ``(B) which is designated by the trust for purposes of this section. ``(2) Qualified scholarship funding trust.--The term `qualified scholarship funding trust' means a trust-- ``(A) which is established and maintained in the United States by an organization-- ``(i) described in section 501(c)(3) and exempt from tax under section 501(a), and ``(ii) organized primarily for educational purposes, ``(B) which is part of a plan of one or more local education agencies (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) of the State in which such trust is established and maintained to provide scholarships to children of such agencies, and ``(C) the written governing instrument of which-- ``(i) requires that the income of the trust be used exclusively to provide qualified scholarships (as defined in section 117(b)) to individuals who-- ``(I) are candidates for a degree at an institution of higher education (within the meaning given such term by section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), and ``(II) have demonstrated financial need in accordance with section 471 of such Act (20 U.S.C. 1087kk), and ``(ii) requires that the assets of the trust not be distributed for any purpose. ``(c) Limitations.-- ``(1) In general.--There is a national qualified college scholarship funding contribution limitation of $1,000,000,000. ``(2) Allocation of limitation.-- ``(A) In general.--Such national limitation shall be allocated by the Secretary among the qualified scholarship funding trusts which have registered with the Secretary on or before the 180th day after the date of the enactment of this section. Each trust's share of such national limitation shall be the amount which bears the same ratio to such limitation as the number of school age children of such trust's sponsoring agencies bears to the aggregate number of school age children of the sponsoring agencies of all trusts which have so registered with the Secretary. ``(B) School age children of sponsoring agencies.-- For purposes of subparagraph (A), the number of school age children of a trust's sponsoring agencies is the number of children of the local education agencies referred to in subsection (b)(2)(B) who have attained age 5 but not age 18 for the most recent fiscal year ending before the date the allocations under this paragraph are made. ``(3) Designation subject to allocated limitation amount.-- The amount of contributions made to a qualified scholarship funding trust which may be designated by such trust for purposes of this section shall not exceed the limitation amount allocated to such trust under paragraph (2). ``(4) Maximum allocation per trust.--The maximum qualified college scholarship funding contribution limitation which may be allocated to each trust is $200,000,000. An amount which may not be allocated to a trust by reason of the preceding sentence shall be allocated as provided in paragraph (2) among registered qualified scholarship funding trusts whose allocated limitation (without regard to this sentence) does not exceed $200,000,000. ``(d) Application With Other Credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax liability (as defined in section 26(b)) reduced by the sum of the credits allowable under subpart A and sections 27, 30, 30B, and 30C, over ``(2) the tentative minimum tax for the taxable year. ``(e) Application of Section.--This section shall apply only to contributions made during the 3-year period beginning on the 180th day after the date of the enactment of this section.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30D. Contributions to trust used to provide need-based college scholarships.''. (c) Effective Date.--The amendments made by this section shall apply to contributions made on or after the 180th day after the date of the enactment of this Act in taxable years ending after such date.

Communities Committed to College Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for 50% of any contribution to a tax-exempt scholarship funding trust established to provide scholarships for individuals with demonstrated financial need to attend institutions of higher education.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax for contributions to a trust used to provide need-based college scholarships.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biofuels Research and Development Enhancement Act'' . SEC. 2. BIOFUELS AND BIOREFINERY INFORMATION CENTER. (a) In General.--The Secretary of Energy (in this Act referred to as the ``Secretary''), in cooperation with the Secretary of Agriculture, shall establish an information center to make available to interested parties information on research, development, and commercial application of technologies related to biofuels and biorefineries, including-- (1) biochemical and thermochemical conversion technologies capable of making fuels from lignocellulosic feedstocks; (2) biotechnology processes capable of making biofuels with an emphasis on development of biorefinery technologies using enzyme-based processing systems; and (3) other advanced processes and technologies that will enable the development of biofuels. (b) Administration.--In administering the biofuels and biorefinery information center, the Secretary shall-- (1) continually update information provided by the center; (2) make information available to interested parties on the process for establishing a biorefinery; and (3) make information and assistance provided by the center available through a toll-free telephone number and website. SEC. 3. BIOFUELS AND ADVANCED BIOFUELS INFRASTRUCTURE. Section 932 of the Energy Policy Act of 2005 (42 U.S.C. 16232) is amended by adding at the end the following new subsection: ``(f) Biofuels and Advanced Biofuels Infrastructure.-- ``(1) In general.--The Secretary shall carry out a program of research, development, and demonstration as it relates existing transportation fuel distribution infrastructure and new alternative distribution infrastructure. The program shall focus on the physical and chemical properties of biofuels and efforts to prevent or mitigate against adverse impacts of those properties in the following areas: ``(A) Corrosion of metal, plastic, rubber, cork, fiberglass, glues, or any other material used in pipes and storage tanks. ``(B) Dissolving of storage tank sediments. ``(C) Clogging of filters. ``(D) Contamination from water or other adulterants or pollutants. ``(E) Poor flow properties related to low temperatures. ``(F) Oxidative and thermal instability in long- term storage and use. ``(G) Increased volatile emissions. ``(H) Microbial contamination. ``(I) Problems associated with electrical conductivity. ``(J) Increased nitrogen oxide emissions.''. SEC. 4. BIODIESEL. Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on any research and development challenges inherent in increasing to 5 percent the proportion of diesel fuel sold in the United States that is biodiesel (as defined in section 757 of the Energy Policy Act of 2005 (42 U.S.C. 16105)). SEC. 5. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM. Section 977(a)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16317(a)(1)) is amended by inserting before the period at the end the following: ``, including the establishment of at least 11 bioresearch centers of varying sizes, as appropriate, that focus on biofuels, of which at least 2 centers shall be located in each of the 4 Petroleum Administration for Defense Districts with no subdistricts and at least 1 center shall be located in each of the subdistricts of the Petroleum Administration for Defense District with subdistricts''. SEC. 6. GRANTS FOR BIOFUEL PRODUCTION RESEARCH AND DEVELOPMENT IN CERTAIN STATES. (a) In General.--The Secretary shall provide grants to eligible entities for research, development, demonstration, and commercial application of biofuel production technologies in States with low rates of ethanol production, including low rates of production of cellulosic biomass ethanol, as determined by the Secretary. (b) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- (1)(A) be an institution of higher education (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)) located in a State described in subsection (a); or (B) be a consortium including at least 1 such institution of higher education, and industry, State agencies, Indian tribal agencies, or local government agencies located in the State; and (2) have proven experience and capabilities with relevant technologies. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2008 through 2010. SEC. 7. BIOREFINERY ENERGY EFFICIENCY. Section 932 of Energy Policy Act of 2005 (42 U.S.C. 16232), is amended by adding at the end the following new subsection: ``(g) Biorefinery Energy Efficiency.--The Secretary shall establish a program of research, development, demonstration, and commercial application for increasing energy efficiency and reducing energy consumption in the operation of biorefinery facilities.''. SEC. 8. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED GASOLINE WITH HIGHER LEVELS OF ETHANOL. (a) In General.--The Secretary, in cooperation with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the Secretary of Transportation, and after providing notice and an opportunity for public comment, shall conduct a study of the feasibility of increasing consumption in the United States of ethanol- blended gasoline with levels of ethanol that are not less than 10 percent and not more than 40 percent. (b) Study.--The study under subsection (a) shall include-- (1) a review of production and infrastructure constraints on increasing consumption of ethanol; (2) an evaluation of the economic, market, and energy- related impacts of State and regional differences in ethanol blends; (3) an evaluation of the economic, market, and energy- related impacts on gasoline retailers and consumers of separate and distinctly labeled fuel storage facilities and dispensers; (4) an evaluation of the environmental impacts of the ethanol blends described in subsection (a) on evaporative and exhaust emissions from on-road, off-road, and marine vehicle engines; (5) an evaluation of the impacts of the ethanol blends described in subsection (a) on the operation, durability, and performance of on-road, off-road, and marine vehicle engines; and (6) an evaluation of the safety impacts of the ethanol blends described in subsection (a) on consumers that own and operate off-road and marine vehicle engines. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study conducted under this section. SEC. 9. STUDY OF OPTIMIZATION OF FLEXIBLE FUELED VEHICLES TO USE E-85 FUEL. (a) In General.--The Secretary shall conduct a study of whether optimizing flexible fueled vehicles to operate using E-85 fuel would increase the fuel efficiency of flexible fueled vehicles, and shall include recommendations for how manufacturers can best optimize such vehicles to increase fuel efficiency. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Science and Technology of the House of Representatives the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study under this section, including any recommendations of the Secretary. SEC. 10. STUDY OF ENGINE DURABILITY ASSOCIATED WITH THE USE OF BIODIESEL. (a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary shall initiate a study on the effects of the use of biodiesel on engine durability. (b) Components.--The study under this section shall include-- (1) an assessment of whether the use of biodiesel in conventional diesel engines lessens engine durability; and (2) an assessment of the effects referred to in subsection (a) with respect to biodiesel blends at varying concentrations, including the following percentage concentrations of biodiesel: (A) 5 percent biodiesel. (B) 10 percent biodiesel. (C) 20 percent biodiesel. (D) 30 percent biodiesel. (E) 100 percent biodiesel. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Science and Technology of the House of Representatives the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study under this section, including any recommendations of the Secretary. SEC. 11. BIOENERGY RESEARCH AND DEVELOPMENT, AUTHORIZATION OF APPROPRIATION. (a) Section 931 of the Energy Policy Act of 2005 (42 U.S.C. 16231) is amended-- (1) in subsection (b)-- (A) at the end of paragraph (2) by striking ``and''; (B) at the end of paragraph (3) by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) $963,000,000 for fiscal year 2010.''; and (2) in subsection (c)-- (A) in paragraph (2), by striking ``$251,000,000'' and inserting ``$377,000,000''; (B) in paragraph (3), by striking ``$274,000,000'' and inserting ``$398,000,000''; and (C) by adding at the end the following new paragraph: ``(4) $419,000,000 for fiscal year 2010, of which $150,000,00 shall be for section 932(d).''.

Biofuels Research and Development Enhancement Act - Directs the Secretary of Energy to establish an information center on research, development, and commercial application of technologies related to biofuels and biorefineries, including: (1) biochemical and thermochemical conversion technologies to make fuels from lignocellulosic feedstocks; (2) biotechnology processes that emphasize enzyme-based processing systems; and (3) other advanced processes and technologies that will enable biofuel development. Amends the Energy Policy Act of 2005 to instruct the Secretary to implement a research, development, and demonstration program relating to: (1) existing transportation fuel distribution infrastructure and new alternative distribution infrastructure, focusing on the physical and chemical properties of biofuels and prevention of or mitigation against certain adverse impacts; (2) bioresearch centers located in Petroleum Administration for Defense Districts, with a focus on biofuels; and (3) increased energy efficiency and reduced energy consumption in biorefinery facilities. Directs the Secretary to make grants for research, development, demonstration, and commercial application of biofuel production technologies in states with low rates of ethanol production and of cellulosic biomass ethanol. Requires the Secretary to study and report to Congress on: (1) research and development challenges in increasing to 5% biodiesel fuel sold in the United States; (2) the feasibility of increasing domestic consumption of ethanol-blended gasoline with specified levels of ethanol; (3) whether optimizing flexible fueled vehicles to use E-85 fuel would increase their fuel efficiency; and (4) the effects of biodiesel upon engine durability.

To enhance research, development, demonstration, and commercial application of biofuels related technologies, and for other purposes.

SECTION 1. EXCISE TAXES ON ACTS OF SELF-DEALING AND PRIVATE INUREMENT BY CERTAIN TAX-EXEMPT ORGANIZATIONS. (a) In General.--Chapter 42 of the Internal Revenue Code of 1986 (relating to private foundations and certain other tax-exempt organizations) is amended by redesignating subchapter D as subchapter E and by inserting after subchapter C the following new subchapter: ``Subchapter D--Acts of Self-Dealing and Private Inurement by Certain Exempt Organizations ``Sec. 4958. Taxes on certain acts of self-dealing. ``Sec. 4959. Taxes on private inurement. ``Sec. 4960. Other definitions. ``SEC. 4958. TAXES ON CERTAIN ACTS OF SELF-DEALING. ``(a) Initial Taxes.-- ``(1) On self-dealer.--There is hereby imposed a tax on each act of self-dealing between a disqualified person and an applicable tax-exempt organization. The amount of such tax shall be 5 percent of the amount involved with respect to the act of self-dealing for each year (or part thereof) in the taxable period. The tax imposed by this paragraph shall be paid by any disqualified person (other than an organization manager acting only as such) who participates in the act of self- dealing. ``(2) On organization manager.--In any case in which a tax is imposed by paragraph (1), there is hereby imposed on the participation of any organization manager in any act of self- dealing between a disqualified person and an applicable tax- exempt organization, knowing that it is such an act, a tax equal to 2.5 percent of the amount involved with respect to such act of self-dealing for each year (or part thereof) in the taxable period, unless such participation is not willful and is due to reasonable cause. The tax imposed by this paragraph shall be paid by any organization manager who participated in the act of self-dealing. ``(b) Additional Taxes.-- ``(1) On self-dealer.--In any case in which an initial tax is imposed by subsection (a)(1) on any act of self-dealing between a disqualified person and an applicable tax-exempt organization and such act is not corrected within the taxable period, there is hereby imposed a tax equal to 200 percent of the amount involved. The tax imposed by this paragraph shall be paid by any disqualified person (other than an organization manager acting only as such) who participated in the act of self-dealing. ``(2) On organization manager.--In any case in which an additional tax is imposed by paragraph (1), if an organization manager refused to agree to part or all of the correction, there is hereby imposed a tax equal to 50 percent of the amount involved. The tax imposed by this paragraph shall be paid by any organization manager who refused to agree to part or all of the correction. ``(c) Special Rules.-- ``(1) Joint and several liability.--If more than one person is liable under any paragraph of subsection (a) or (b) with respect to any one act of self-dealing, all such persons shall be jointly and severally liable under such paragraph with respect to such act. ``(2) $10,0000 limit for management.--With respect to any one act of self-dealing, the maximum amount of the tax imposed by subsection (a)(2) shall not exceed $10,000, and the maximum amount of the tax imposed by subsection (b)(2) shall not exceed $10,000. ``(d) Self-Dealing.--For purposes of this section-- ``(1) In general.--Except as provided by paragraph (2), the term `self-dealing' means any direct or indirect-- ``(A) transfer, lease, or license of property between an applicable tax-exempt organization and a disqualified person, and ``(B) lending of money or other extension of credit between an applicable tax-exempt organization and a disqualified person. ``(2) Exceptions.--The term `self-dealing' shall not include-- ``(A) the lending of money by a disqualified person to an applicable tax-exempt organization if the loan is without interest or other charge (determined without regard to section 7872) and if the proceeds of the loan are used exclusively for exempt purposes, ``(B) the furnishing of goods or facilities by a disqualified person to an applicable tax-exempt organization if the furnishing is without charge and if the goods or facilities so furnished are used exclusively for exempt purposes, and ``(C) any transfer, lease, or license of property if-- ``(i) such transfer, lease, or license (as the case may be) is by a disqualified person in the ordinary course of such disqualified person's trade or business and such transaction is on a basis comparable to the basis on which similar transactions are made in the ordinary course of such trade or business with other parties, or ``(ii) such transfer, lease, or license (as the case may be) is by an applicable tax-exempt organization in the ordinary course of its activities and such transaction is made on a basis comparable to the basis on which similar transactions are made in the ordinary course of such activities with other parties. ``(3) Exempt purpose.--For purposes of paragraph (2), the term `exempt purpose' means-- ``(A) in the case of an organization described in section 501(c)(3), any purpose specified in section 501(c)(3), and ``(B) in the case of an organization described in section 501(c)(4), any purposes specified in section 501(c)(4). ``(e) Other Definitions.--For purposes of this section-- ``(1) Taxable period.--The term `taxable period' means, with respect to any act of self-dealing, the period beginning with the date on which the act of self-dealing occurs and ending on the earliest of-- ``(A) the date of mailing a notice of deficiency under section 6212 with respect to the tax imposed by subsection (a)(1), ``(B) the date on which the tax imposed by subsection (a)(1) is assessed, or ``(C) the date on which correction of the act of self-dealing is completed. ``(2) Amount involved.--The term `amount involved' means, with respect to any act of self-dealing, the greater of the amount of money and fair market value of other property given, or the amount of money and fair market value of other property received. In the case of a lease or license, the amount involved is the fair market value of the leased or licensed property. For purposes of this paragraph-- ``(A) in the case of the taxes imposed by subsection (a), fair market value shall be determined as of the date on which the act of self-dealing occurs, and ``(B) in the case of the taxes imposed by subsection (b), fair market value shall be the highest fair market value during the taxable period. ``(3) Correction.--The terms `correction' and `correct' mean, with respect to any act of self-dealing transaction, undoing the transaction to the extent possible, but in any case place the applicable tax-exempt organization in a financial position not worse than that in which it would be if the disqualified person were dealing under the highest fiduciary standards. ``SEC. 4959. TAXES ON PRIVATE INUREMENT. ``(a) Initial Taxes.-- ``(1) On the organization.--There is hereby imposed on any taxable inurement a tax equal to 10 percent of the amount thereof. The tax imposed by this paragraph shall be paid by the organization with respect to which such inurement occurred. ``(2) On the management.--There is hereby imposed on the participation of any organization manager of an organization in any taxable inurement which occurs with respect to such organization, knowing that it is taxable inurement, a tax equal to 2\1/2\ percent of the amount thereof, unless such participation is not willful and is due to reasonable cause. The tax imposed by this paragraph shall be paid by the organization manager who participated in the taxable inurement. ``(3) On the beneficiary.--There is hereby imposed on any taxable inurement a tax equal to 5 percent of the amount thereof. The tax imposed by this paragraph shall be paid by the beneficiary of such inurement. ``(b) Additional Taxes.-- ``(1) On the organization.--In any case in which an initial tax is imposed by subsection (a)(1) on any taxable inurement and such inurement is not corrected within the taxable period, there is hereby imposed a tax equal to 100 percent of the amount of the taxable inurement. The tax imposed by this paragraph shall be paid by the organization with respect to which such inurement occurred. ``(2) On the management.--In any case in which an additional tax is imposed by paragraph (1), if an organization manager refused to agree to part or all of the correction, there is hereby imposed a tax equal to 50 percent of the amount of the taxable inurement. The tax imposed by this paragraph shall be paid by any organization manager who refused to agree to part or all of the correction. ``(3) On the beneficiary.--In any case in which an additional tax is imposed by paragraph (1), there is hereby imposed a tax equal to 200 percent of the amount of the taxable inurement. The tax imposed by this paragraph shall be paid by the beneficiary of such inurement. ``(c) Taxable Inurement.--For purposes of this section, the term `taxable inurement' means any direct or indirect inurement of any part of the net earnings of an applicable tax-exempt organization to the benefit of any disqualified person. Such term shall not include any act of self-dealing on which tax is imposed under section 4958. ``(d) Special Rules.--For purposes of this section-- ``(1) Joint and several liability.--If more than one person is liable under any paragraph of subsection (a) or (b) with respect to any one taxable inurement, all such persons shall be jointly and severally liable under such paragraph with respect to such inurement. ``(2) Limit for management.--With respect to any 1 taxable inurement, the maximum amount of the tax imposed by subsection (a)(2) shall not exceed $10,000, and the maximum amount of the tax imposed by subsection (b)(2) shall not exceed $10,000. ``(e) Other Definitions.--For purposes of this section-- ``(1) Taxable period.--The term `taxable period' means, with respect to any taxable inurement, the period beginning with the date on which the inurement occurs and ending on the earliest of-- ``(A) the date of mailing a notice of deficiency under section 6212 with respect to the tax imposed by subsection (a)(1), or ``(B) the date on which the tax imposed by subsection (a)(1) is assessed. ``(2) Correction.--The terms `correction' and `correct' mean, with respect to any taxable inurement, undoing the inurement to the extent possible, establishing safeguards to prevent future taxable inurement, and where fully undoing the inurement is not possible, such additional corrective action as is prescribed by the Secretary by regulations. ``SEC. 4960. OTHER DEFINITIONS. ``(a) Applicable Tax-Exempt Organization.--For purposes of this subchapter, the term `applicable tax-exempt organization' means any organization which (without regard to any act of self-dealing or taxable inurement) would be described in paragraph (3) or (4) of section 501(c) and exempt from tax under section 501(a). Such term shall not include any private foundation. ``(b) Disqualified Person.--For purposes of this subchapter, the term `disqualified person' means, with respect to any transaction-- ``(1) any person who was an organization manager at any time during the 5-year period ending on the date of such transaction, ``(2) any member of a family (as defined in section 4946(d)) of any person described in paragraph (1), and ``(3) any 35-percent controlled entity of persons described in paragraph (1) or (2). ``(c) Organization Manager.--For purposes of this subchapter, the term `organization manager' means, with respect to any applicable tax- exempt organization, any officer, director, or trustee of such organization (or any individual having powers or responsibilities similar to those of officers, directors, or trustees of the organization). Such term includes any person performing substantial medical services as a physician for the applicable tax-exempt organization pursuant to an employment or other contractual relationship. ``(d) 35-Percent Controlled Entity.--For purposes of this section-- ``(1) 35-percent controlled entity.--The term `35-percent controlled entity' means-- ``(A) a corporation in which persons described in paragraph (1) or (2) of subsection (b) own more than 35 percent of the combined voting power, ``(B) a partnership in which such persons own more than 35 percent of the profits interest, and ``(C) a trust or estate in which such persons own more than 35 percent of the beneficial interest. ``(2) Constructive ownership rules.--Rules similar to the rules of paragraphs (3) and (4) of section 4946(a) shall apply for purposes of this subsection.'' (b) Application of Private Inurement Rule to Tax-Exempt Civic Leagues.--Paragraph (4) of section 501(c) of such Code is amended to read as follows: ``(4)(A) Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare and no part of the net earnings of which inures to the benefit of any private shareholder or individual. ``(B) Local associations of employees-- ``(i) the membership of which is limited to the employees of a designated person or persons in a particular municipality, and ``(ii) which is operated exclusively for charitable, educational, or recreational purposes.'' (c) Technical and Conforming Amendments.-- (1) Subsection (e) of section 4955 of such Code is amended-- (A) by striking ``Section 4945'' in the heading and inserting ``Sections 4945 and 4959'', and (B) by inserting before the period ``or a taxable inurement for purposes of section 4959''. (2) Subsections (a), (b), and (c) of section 4963 of such Code are each amended by inserting ``4958, 4959,'' after ``4955,''. (3) Subsection (e) of section 6213 of such Code is amended by inserting ``4958 (relating to acts of self-dealing), 4959 (relating to private inurement),'' before ``4971''. (4) The table of subchapters for chapter 42 of such Code is amended by striking the last item and inserting the following: ``Subchapter D. Acts of self-dealing and private inurement by certain exempt organizations. ``Subchapter E. Abatement of first and second tier taxes in certain cases.'' (d) Effective Date.--The amendments made by this section shall apply to transactions occurring on or after January 1, 1994.

Amends the Internal Revenue Code to impose an excise tax on: (1) each act of self-dealing between a disqualified person and a tax-exempt organization; and (2) any direct or indirect inurement of net earnings of a tax-exempt organization to the benefit of any disqualified person. Describes a disqualified person as: (1) any organization manager; (2) any family member of an organization manager; or (3) any 35-percent controlled entity of such persons.

To amend the Internal Revenue Code of 1986 to impose excise taxes on acts of self-dealing and private inurement by certain tax-exempt organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013''. SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES. The Secretary of Veterans Affairs may carry out the following major medical facility leases at the locations specified, and in an amount for each lease not to exceed the amount shown for such location (not including any estimated cancellation costs): (1) For a clinical research and pharmacy coordinating center, Albuquerque, New Mexico, an amount not to exceed $9,560,000. (2) For a community-based outpatient clinic, Brick, New Jersey, an amount not to exceed $7,280,000. (3) For a new primary care and dental clinic annex, Charleston, South Carolina, an amount not to exceed $7,070,250. (4) For the Cobb County community-based Outpatient Clinic, Cobb County, Georgia, an amount not to exceed $6,409,000. (5) For the Leeward Outpatient Healthcare Access Center, Honolulu, Hawaii, including a co-located clinic with the Department of Defense and the co-location of the Honolulu Regional Office of the Veterans Benefits Administration and the Kapolei Vet Center of the Department of Veterans Affairs, an amount not to exceed $15,887,370. (6) For a community-based outpatient clinic, Johnson County, Kansas, an amount not to exceed $2,263,000. (7) For a replacement community-based outpatient clinic, Lafayette, Louisiana, an amount not to exceed $2,996,000. (8) For a community-based outpatient clinic, Lake Charles, Louisiana, an amount not to exceed $2,626,000. (9) For outpatient clinic consolidation, New Port Richey, Florida, an amount not to exceed $11,927,000. (10) For an outpatient clinic, Ponce, Puerto Rico, an amount not to exceed $11,535,000. (11) For lease consolidation, San Antonio, Texas, an amount not to exceed $19,426,000. (12) For a community-based outpatient clinic, San Diego, California, an amount not to exceed $11,946,100. (13) For an outpatient clinic, Tyler, Texas, an amount not to exceed $4,327,000. (14) For the Errera Community Care Center, West Haven, Connecticut, an amount not to exceed $4,883,000. (15) For the Worcester community-based Outpatient Clinic, Worcester, Massachusetts, an amount not to exceed $4,855,000. (16) For the expansion of a community-based outpatient clinic, Cape Girardeau, Missouri, an amount not to exceed $4,232,060. (17) For a multispecialty clinic, Chattanooga, Tennessee, an amount not to exceed $7,069,000. (18) For the expansion of a community-based outpatient clinic, Chico, California, an amount not to exceed $4,534,000. (19) For a community-based outpatient clinic, Chula Vista, California, an amount not to exceed $3,714,000. (20) For a new research lease, Hines, Illinois, an amount not to exceed $22,032,000. (21) For a replacement research lease, Houston, Texas, an amount not to exceed $6,142,000. (22) For a community-based outpatient clinic, Lincoln, Nebraska, an amount not to exceed $7,178,400. (23) For a community-based outpatient clinic, Lubbock, Texas, an amount not to exceed $8,554,000. (24) For a community-based outpatient clinic consolidation, Myrtle Beach, South Carolina, an amount not to exceed $8,022,000. (25) For a community-based outpatient clinic, Phoenix, Arizona, an amount not to exceed $20,757,000. (26) For the expansion of a community-based outpatient clinic, Redding, California, an amount not to exceed $8,154,000. (27) For the expansion of a community-based outpatient clinic, Tulsa, Oklahoma, an amount not to exceed $13,269,200. SEC. 3. BUDGETARY TREATMENT OF DEPARTMENT OF VETERANS AFFAIRS MAJOR MEDICAL FACILITIES LEASES. (a) Findings.--Congress finds the following: (1) Title 31, United States Code, requires the Department of Veterans Affairs to record the full cost of its contractual obligation against funds available at the time a contract is executed. (2) Office of Management and Budget Circular A-11 provides guidance to agencies in meeting the statutory requirements under title 31, United States Code, with respect to leases. (3) For operating leases, Office of Management and Budget Circular A-11 requires the Department of Veterans Affairs to record up-front budget authority in an ``amount equal to total payments under the full term of the lease or [an] amount sufficient to cover first year lease payments plus cancellation costs''. (b) Requirement for Obligation of Full Cost.--Subject to the availability of appropriations provided in advance, in exercising the authority of the Secretary of Veterans Affairs to enter into leases provided in this Act, the Secretary shall record, pursuant to section 1501 of title 31, United States Code, as the full cost of the contractual obligation at the time a contract is executed either-- (1) an amount equal to total payments under the full term of the lease; or (2) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first year lease payments plus the specified cancellation costs. (c) Transparency.-- (1) Compliance.--Subsection (b) of section 8104 of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(7) In the case of a prospectus proposing funding for a major medical facility lease, a detailed analysis of how the lease is expected to comply with Office of Management and Budget Circular A-11 and section 1341 of title 31 (commonly referred to as the `Anti-Deficiency Act'). Any such analysis shall include-- ``(A) an analysis of the classification of the lease as a `lease-purchase', `capital lease', or `operating lease' as those terms are defined in Office of Management and Budget Circular A-11; ``(B) an analysis of the obligation of budgetary resources associated with the lease; and ``(C) an analysis of the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease.''. (2) Submittal to congress.--Such section 8104 is further amended by adding at the end the following new subsection: ``(h)(1) Not less than 30 days before entering into a major medical facility lease, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives-- ``(A) notice of the Secretary's intention to enter into the lease; ``(B) a copy of the proposed lease; ``(C) a description and analysis of any differences between the prospectus submitted pursuant to subsection (b) and the proposed lease; and ``(D) a scoring analysis demonstrating that the proposed lease fully complies with Office of Management and Budget Circular A-11. ``(2) Each committee described in paragraph (1) shall ensure that any information submitted to the committee under such paragraph is treated by the committee with the same level of confidentiality as is required by law of the Secretary and subject to the same statutory penalties for unauthorized disclosure or use as the Secretary. ``(3) Not more than 30 days after entering into a major medical facility lease, the Secretary shall submit to each committee described in paragraph (1) a report on any material differences between the lease that was entered into and the proposed lease described under such paragraph, including how the lease that was entered into changes the previously submitted scoring analysis described in subparagraph (D) of such paragraph.''. (d) Rule of Construction.--Nothing in this section, or the amendments made by this section, shall be construed to in any way relieve the Department of Veterans Affairs from any statutory or regulatory obligations or requirements existing prior to the enactment of this section and such amendments. SEC. 4. BUDGETARY EFFECTS OF THIS ACT. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, as long as such statement has been submitted prior to the vote on passage of this Act. Passed the House of Representatives December 10, 2013. Attest: KAREN L. HAAS, Clerk.

Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to carry out specified major medical facility leases (leases) in New Mexico, New Jersey, South Carolina, Georgia, Hawaii, Kansas, Louisiana, Florida, Puerto Rico, Texas, California, Connecticut, Massachusetts, Missouri, Tennessee, Illinois, Nebraska, Arizona, and Oklahoma. Directs the Secretary, in exercising the authority to enter into such leases, to record as the full cost of the contractual obligation at the time a contract is executed either: (1) the amount of total payments under the full lease term; or (2) if the lease specifies payments to be made in the event the lease is terminated before its full term, an amount sufficient to cover the first-year payments plus the specified cancellation costs. Requires the funding prospectus of a proposed lease to include a detailed analysis of how the lease is expected to comply with Office of Management and Budget (OMB) Circular A-11 (which provides guidance to federal agencies in meeting statutory requirements for disclosure of the full costs of contracts or leases) and the Anti-Deficiency Act, including an analysis of: (1) the classification of the lease as a lease-purchase, capital lease, or operating lease; (2) the obligation of budgetary resources associated with the lease; and (3) the methodology used in determining the asset cost, fair market value, and cancellation costs of the lease. Directs the Secretary, at least 30 days before entering into a lease, to submit to the congressional veterans committees: (1) notice of the intention to enter into, and a copy of, such lease; (2) a description and analysis of any differences between the lease prospectus submitted and the proposed lease; and (3) a scoring analysis demonstrating that the proposed lease fully complies with OMB Circular A-11. Requires the Secretary, no more than 30 days after entering into a lease, to report any material differences between the proposed lease and the lease entered.

Department of Veterans Affairs Major Medical Facility Lease Authorization Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Affordable Vocational and Collegiate Education (SAVE) Act.'' SEC. 2. DEDUCTION FOR PAYMENTS TO QUALIFIED STATE TUITION PROGRAMS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. PAYMENTS TO QUALIFIED STATE TUITION PROGRAMS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid by the taxpayer during the taxable year to any qualified State tuition program (as defined in section 529) for the benefit of any designated beneficiary (as defined in such section). ``(b) Dollar Limitation.--The deduction allowed by subsection (a) for the taxable year shall not exceed $5,000 ($10,000 in the case of a joint return).'' (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of such Code is amended by inserting after paragraph (17) the following new paragraph: ``(18) Payments to qualified state tuition programs.--The deduction allowed by section 222.'' (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting: ``Sec. 222. Payments to qualified State tuition programs. ``Sec. 223. Cross reference.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. EXCLUSION FROM GROSS INCOME OF EDUCATION DISTRIBUTIONS FROM QUALIFIED STATE TUITION PROGRAMS. (a) In General.--Section 529(c)(3)(B) of the Internal Revenue Code of 1986 (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--For purposes of this paragraph-- ``(i) In-kind distributions.--No amount shall be includible in gross income under subparagraph (A) by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense. ``(ii) Cash distributions.--In the case of distributions not described in clause (i), if-- ``(I) such distributions do not exceed the qualified higher education expenses (reduced by expenses described in clause (i)), no amount shall be includible in gross income, and ``(II) in any other case, the amount otherwise includible in gross income shall be reduced by an amount which bears the same ratio to such amount as such expenses bear to such distributions. ``(iii) Treatment as distributions.--Any benefit furnished to a designated beneficiary under a qualified State tuition program shall be treated as a distribution to the beneficiary for purposes of this paragraph. ``(iv) Coordination with hope and lifetime learning credits.--The total amount of qualified higher education expenses with respect to an individual for the taxable year shall be reduced-- ``(I) as provided in section 25A(g)(2), and ``(II) by the amount of such expenses which were taken into account in determining the credit allowed to the taxpayer or any other person under section 25A. ``(v) Coordination with education individual retirement accounts.--If, with respect to an individual for any taxable year-- ``(I) the aggregate distributions to which clauses (i) and (ii) and section 530(d)(2)(A) apply, exceed ``(II) the total amount of qualified higher education expenses otherwise taken into account under clauses (i) and (ii) (after the application of clause (iv)) for such year, the taxpayer shall allocate such expenses among such distributions for purposes of determining the amount of the exclusion under clauses (i) and (ii) and section 530(d)(2)(A).''. (b) Conforming Amendments.-- (1) Section 135(d)(2)(B) of such Code is amended by striking ``the exclusion under section 530(d)(2)'' and inserting ``the exclusions under sections 529(c)(3)(B)(i) and 530(d)(2)''. (2) Section 221(e)(2)(A) of such Code is amended by inserting ``529,'' after ``135,''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.

Securing Affordable Vocational and Collegiate Education (SAVE) Act - Amends the Internal Revenue Code to: (1) allow a limited deduction for amounts paid to any qualified State tuition program; and (2) provide that distributions from such programs used to pay qualified higher education expenses shall not be included in gross income.

To amend the Internal Revenue Code of 1986 to allow a deduction for amounts paid to any qualified State tuition program and to provide that distributions from such programs which are used to pay educational expenses shall not be includible in gross income.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marian Anderson Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) Marian Anderson, one of the world's greatest singers, a champion for civil rights, and a leader in the advancement of global peace, was born on February 27, 1897, in Philadelphia, Pennsylvania; (2) Marian Anderson, a master of repertoire actress operatic, recital, and American traditional genres, played a vital role in the acceptance of African-American musicians in the classical music world; (3) in 1963, Marian Anderson was given a Presidential Medal of Freedom; (4) in 1974, Congress passed a resolution to have a special gold medal minted in her name; (5) in 1977, Marian Anderson, who was an alternate delegate to the United Nations, received the U.N. Peace Prize; (6) in 1986, Marian Anderson was awarded the National Arts Medal; and (7) 1997 will mark the centennial of the birth of Marian Anderson. TITLE I--COMMEMORATIVE COINS SEC. 101. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the centennial of the birth of Marian Anderson, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue-- (1) not more than 350,000 $1 coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper; and (2) not more than 350,000 half dollar coins, each of which shall-- (A) weigh 12.50 grams; (B) have a diameter of 1.205 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this title 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 title shall be considered to be numismatic items. SEC. 102. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this title only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 103. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this title shall be emblematic of the many accomplishments of Marian Anderson throughout her prolific life. (2) Designation and inscriptions.--On each coin minted under this title there shall be-- (A) a designation of the value of the coin; (B) an inscription of the years ``1897-1997''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse of coin.--The obverse of each coin minted under this title shall bear the likeness of Marian Anderson. (b) Design Competition.--Before the end of the 3-month period beginning on the date of enactment of this Act, the Secretary shall conduct an open design competition for the design of the obverse and the reverse of the coins minted under this title. (c) Selection.--The design for the coins minted under this title shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 104. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this title shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this title. (c) Commencement of Issuance.--The Secretary may issue coins minted under this title beginning on and after the date of enactment of this Act. (d) Termination of Minting Authority.--No coins may be minted under this title after July 31, 1998. SEC. 105. SALE OF COINS. (a) Sale Price.--The coins issued under this title shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this title at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this title before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales of coins minted under this title shall include a surcharge of-- (1) $14 per coin for the $1 coin; and (2) $7 per coin for the half dollar coin. SEC. 106. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this title. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this title from complying with any law relating to equal employment opportunity. SEC. 107. DISTRIBUTION OF SURCHARGES. (a) In General.--Subject to section 5134(f) of title 31, United States Code, the first $2,000,000 of the surcharges received by the Secretary from the sale of coins issued under this title shall be promptly paid by the Secretary as follows: (1) Smithsonian institution.--50 percent to the Board of Regents of the Smithsonian Institution, for exhibits on African-American art, history, and culture. (2) Corporation for public broadcasting.--50 percent to the Public Broadcasting Fund established under section 396(k) of the Communications Act of 1934 (47 U.S.C. 396(k)), for educational programs on African-American art, history, and culture and on the life of Marian Anderson. (b) Excess Payable to the National Numismatic Collection.--After payment of the amounts required under subsection (a), the Secretary shall pay the remaining surcharges to the National Museum of American History in Washington, D.C., for the support of the National Numismatic Collection at the museum. (c) Audits.--Each organization that receives any payment from the Secretary under this section shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code. SEC. 108. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this title will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this title unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. TITLE II--CIRCULATING COINS SEC. 201. AUTHORITY TO REDESIGN HALF DOLLAR CIRCULATING COINS. Section 5112(d) of title 31, United States Code, is amended by inserting after the 6th sentence the following: ``At the discretion of the Secretary, half dollar coins minted after December 31, 1996, and before July 31, 1998, may bear the same design as the commemorative coins minted under title I of the Marian Anderson Centennial Commemorative Coin Act, as established under section 103 of that Act.''.

TABLE OF CONTENTS: Title I: Commemorative Coins Title II: Circulating Coins Marian Anderson Centennial Commemorative Coin Act - Title I: Commemorative Coins - Instructs the Secretary of the Treasury to: (1) mint and issue one-dollar and half-dollar coins in commemoration of the centennial of the birth of Marian Anderson; and (2) allocate sales surcharges to the Smithsonian Institution, the Public Broadcasting Fund, and the National Museum of American History for the support of the National Numismatic Collection. Title II: Circulating Coins - Amends Federal currency law to provide that at the Secretary's discretion, half-dollar coins minted after specified dates may bear the same design as the commemorative coins minted under this Act.

Marian Anderson Centennial Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Responsibility Fee Act of 2017''. SEC. 2. IMPOSITION OF EXCISE TAX ON CORPORATIONS WITH LOW-WAGE EMPLOYEES. (a) In General.--Subtitle D of the Internal Revenue Code of 1986 is amended by adding after chapter 36 the following new chapter: ``CHAPTER 37--CORPORATE RESPONSIBILITY TAX ``Sec. 4511. Imposition of tax. ``SEC. 4511. IMPOSITION OF TAX. ``(a) In General.--In the case of an applicable employer who employs a low-wage employee during the calendar year, there is imposed a tax equal to the applicable percentage of the aggregate amount of wages paid by the applicable employer with respect to employment of all employees of the employer during the calendar year. ``(b) Applicable Employer; Low-Wage Employee.--For purposes of this section-- ``(1) Applicable employer.-- ``(A) In general.--The term `applicable employer' means, with respect to any calendar year, any employer who was required to make deposits of taxes under chapters 21 and 24 (or who would have been required to make such deposits if the rules of subparagraph (C) applied for such purposes) by the close of the next day for periods aggregating more than 180 days during the preceding calendar year. ``(B) Exception.--Such term shall not include a Federal or other governmental entity or a church or qualified church organization (as such terms are defined in section 3121(w)(3)). ``(C) Aggregation rules.--The rules of subsections (b), (c), (m), and (o) of section 414 shall apply for purposes of this section, except that in applying subsections (b) and (c) of such section, the phrase `more than 50 percent' shall be substituted for the phrase `more than 80 percent' each place it appears. ``(2) Low-wage employee.-- ``(A) In general.--The term `low-wage employee' means any employee who receives wages from an applicable employer during the calendar year in an amount less than 218 percent of the Federal poverty line (within the meaning of section 2110(c)(5) of the Social Security Act) for an individual. Rules similar to the rules of section 36B(d)(3)(B) shall apply for purposes of this subparagraph. ``(B) Employees employed for less than entire year.--In the case of any employee employed by an applicable taxpayer for less than the entire calendar year, the amount described in subparagraph (A) shall be reduced by an amount which bears the same ratio to such amount as-- ``(i) the number of weeks during the calendar year in which such individual was not an employee of such applicable employer, bears to ``(ii) 52. ``(c) Applicable Percentage.--For purposes of subsection (a)-- ``(1) In general.-- ``(A) Determination.--The applicable percentage shall be determined as follows: ------------------------------------------------------------------------ ``In the case of an applicable employer with a low-wage The applicable employee ratio of: percentage is: ------------------------------------------------------------------------ 25% or less............................................. 25% Greater than 25% but not greater than 50%............... 50% Greater than 50%, but not greater than 75%.............. 75% Greater than 75%........................................ 100%. ------------------------------------------------------------------------ ``(B) Low-wage employee ratio.--For purposes of subparagraph (A), the low-wage employee ratio with respect to any applicable employer is the ratio (expressed as a percentage) of-- ``(i) the number of low-wage employees employed by the applicable employer during the calendar year, to ``(ii) the total number of individuals employed by the applicable employer during such calendar year. ``(2) Health and retirement offset.-- ``(A) In general.--In the case of an applicable employer who meets the requirements of subparagraph (B), the applicable percentage shall be reduced (but not below zero) by 25 percentage points. ``(B) Requirements.--An applicable employer meets the requirements of this subparagraph if such applicable employer-- ``(i) offers to all full-time low-wage employees (and their spouse and dependents) the opportunity to enroll for all months during the calendar year in minimum essential coverage under an eligible employer sponsored health plan (as defined in section 5000A(f)(2)) for which-- ``(I) the plan's share of the allowed costs of benefits provided under the plan is not less than 60 percent of such costs, and ``(II) the required contribution (within the meaning of section 5000A(e)(1)(B)) of the employee does not exceed the applicable percentage of the annual wages paid to the employee by the applicable employer, and ``(ii) meets the retirement plan requirements of subsection (d) for all employees who are low-wage employees. For purposes of clause (i)(II), the applicable percentage is the percentage in effect under section 36B(c)(2)(B)(II) for the plan year. ``(d) Retirement Plan Requirements.-- ``(1) In general.--The requirements of this subsection are met for any calendar year with respect to an employee of the applicable employer who is a low-wage employee if the employee is eligible to participate in one or more applicable eligible retirement plans maintained by the applicable employer (or any member of the group of employers treated as an applicable employer under subsection (b)(1)(C)) for a plan year ending with or within the calendar year. ``(2) Applicable eligible retirement plan.--For purposes of this subsection, the term `applicable eligible retirement plan' means an eligible retirement plan which, with respect to the plan year described in paragraph (1), is either-- ``(A) a defined contribution plan which requires the employer to make nonelective contributions of at least 5 percent of the compensation of the employee, or ``(B) a defined benefit plan-- ``(i) with respect to which the accrued benefit of the employee derived from employer contributions, when expressed as an annual retirement benefit, is not less than the product of-- ``(I) the lesser of 2 percent multiplied by the employee's years of service (determined under the rules of paragraphs (4), (5), and (6) of section 411(a)) with the employer or 20 percent, multiplied by ``(II) the employee's final average pay, or ``(ii) which is an applicable defined benefit plan (as defined in section 411(a)(13)(B))-- ``(I) which meets the interest credit requirements of section 411(b)(5)(B)(i) with respect to the plan year, and ``(II) under which the employee receives a pay credit for the plan year which is not less than 5 percent of compensation. ``(3) Definitions and special rules.--For purposes of this subsection-- ``(A) Eligible retirement plan.--The term `eligible retirement plan' has the meaning given such term by section 402(c)(8)(B), except that in the case of an account or annuity described in clause (i) or (ii) thereof, such term shall only include an account or annuity which is a simplified employee pension (as defined in section 408(k)). ``(B) Final average pay.--For purposes of paragraph (2)(B)(i)(II), final average pay shall be determined using the period of consecutive years (not exceeding 5) during which the employee had the greatest compensation from the applicable employer. ``(C) Alternative plan designs.--The Secretary may prescribe regulations for an applicable employer to meet the requirements of this subsection through a combination of defined contribution plans or defined benefit plans described in paragraph (1) or through a combination of both such types of plans. ``(D) Plans must meet requirements without taking into account social security and similar contributions and benefits.--A rule similar to the rule of section 416(e) shall apply. ``(E) Certain employees may be excluded.--For purposes of paragraph (2)(B)(ii), an employer shall not be treated as failing to meet the requirements of this subsection with respect to employees-- ``(i) who have not attained the age of 21 before the close of a plan year, ``(ii) who have less than 1 year of service with the employer as of any day during the plan year, ``(iii) who are covered under an agreement which the Secretary of Labor finds to be a collective bargaining agreement if there is evidence that the benefits covered under the plan were the subject of good faith bargaining between employee representatives and the employer, or ``(iv) who are described in section 410(b)(3)(C) (relating to nonresident aliens working outside the United States). ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Wages.--The term `wages' has the meaning given such term by section 3121(a) (determined without regard to any dollar limitation contained in such section). ``(2) Allocation of tax.--The Secretary shall prescribe such rules as necessary for the allocation of the tax imposed by subsection (a) among different entities treated as a single employer under subsection (b)(1)(C).''. (b) Conforming Amendment.--The table of chapters of the Internal Revenue Code of 1986 is amended by inserting after the item relating to chapter 36 the following new item: ``Chapter 37--Corporate Responsibility Tax''. (c) Effective Date.--The amendments made by this section shall apply to calendar years beginning after the date of the enactment of this Act.

Corporate Responsibility Fee Act of 2017 This bill amends the Internal Revenue Code to impose a specified excise tax on certain employers who employ low-wage employees during the taxable year. A "low-wage" employee is an employee who receives wages from the employer that are less than 218% of the federal poverty line. The bill reduces the amount of the tax for employers who provide certain health and retirement benefits to low-wage employees. Government employers, churches, and church organizations are exempt from the tax.

Corporate Responsibility Fee Act of 2017

SECTION 1. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE. (a) Permanent Extension.--Section 127 of the Internal Revenue Code of 1986 (relating to exclusion for educational assistance programs) is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (b) Restoration of Exclusion for Graduate Education.--The last sentence of paragraph (1) of section 127(c) of such Code is amended by striking ``, and such term also does not include any payment for, or the provision of any benefits with respect to, any graduate level course of a kind normally taken by an individual pursuing a program leading to a law, business, medical, or other advanced academic or professional degree''. (c) Effective Dates.-- (1) Extension.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 1996. (2) Graduate education.--The amendment made by subsection (b) shall apply with respect to expenses relating to courses beginning after December 31, 1996. SEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 221 as section 222 and by inserting after section 220 the following new section: ``SEC. 221. INTEREST ON EDUCATION LOANS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the interest paid by the taxpayer during the taxable year on any qualified education loan. ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount allowed as a deduction under subsection (a) shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph equals the amount which bears the same ratio to the deduction (determined without regard to this subsection) as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $50,000 ($80,000 in the case of a joint return), bears to ``(B) $20,000. ``(3) Modified adjusted gross income.--For purposes of paragraph (2), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined-- ``(A) without regard to this section and sections 911, 931, and 933, and ``(B) after the application of sections 86, 135, 137, 219, and 469. For purposes of sections 86, 135, 219, and 469, adjusted gross income shall be determined without regard to the deduction allowed under this section. ``(4) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning after 1997, the $50,000 and $80,000 amounts in paragraph (2)(A)(ii) shall each be increased by an amount equal to-- ``(i) such dollar amounts, 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 1996' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000. ``(c) Dependents Not Eligible for Deduction.--No deduction shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified education loan.--The term `qualified education loan' means any indebtedness incurred to pay qualified higher education expenses-- ``(A) which are incurred on behalf of the taxpayer or the taxpayer's spouse, ``(B) which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred, and ``(C) which are attributable to education furnished during a period during which the recipient was at least a half-time student. Such term includes indebtedness used to refinance indebtedness which qualifies as a qualified education loan. The term `qualified education loan' shall not include any indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer. ``(2) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means the excess of-- ``(i) tuition and fees required for the enrollment or attendance of-- ``(I) the taxpayer, ``(II) the taxpayer's spouse, or ``(III) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, as an eligible student at an institution of higher education, over ``(ii) the sum of-- ``(I) the amount excluded from gross income under section 135 by reason of such tuition and fees, and ``(II) the amount of the reduction described in section 135(d)(1). ``(B) Exceptions.--Such term does not include-- ``(i) expenses with respect to any course or other education involving sports, games, or hobbies, unless such course or other education is part of the student's degree program, and ``(ii) student activity fees, athletic fees, insurance expenses, or other expenses unrelated to a student's academic course of instruction. ``(C) Eligible student.--The term `eligible student' means, with respect to any academic period, a student who-- ``(i) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(ii) is carrying at least \1/2\ the normal full-time work load for the course of study the student is pursuing, as reasonably determined by the institution of higher education. ``(3) Institution of higher education.--The term `institution of higher education' means an institution-- ``(A) which is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this section, and ``(B) which is eligible to participate in programs under title IV of such Act. Such term includes an institution conducting an internship or residency program leading to a degree or certificate awarded by an institution of higher education, a hospital, or a health care facility which offers postgraduate training. ``(4) Full-time student.--The term `full-time student' means any student who is carrying at least the normal full-time work load for the course of study the student is pursuing, as reasonably determined by the institution of higher education. ``(5) Half-time student.--The term `half-time student' means any individual who would be a student as defined in section 151(c)(4) if `half-time' were substituted for `full- time' each place it appears in such section. ``(6) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(e) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the deduction shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(3) Marital status.--Marital status shall be determined in accordance with section 7703.'' (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (16) the following new paragraph: ``(17) Interest on education loans.--The deduction allowed by section 221.'' (c) Reporting Requirement.-- (1) In general.--Subpart B of part III of subchapter A of chapter 61 of such Code (relating to information concerning transactions with other persons) is amended by inserting after section 6050R the following new section: ``SEC. 6050S. RETURNS RELATING TO EDUCATION LOAN INTEREST RECEIVED IN TRADE OR BUSINESS FROM INDIVIDUALS. ``(a) Education Loan Interest of $600 or More.--Any person-- ``(1) who is engaged in a trade or business, and ``(2) who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on 1 or more qualified education loans, shall make the return described in subsection (b) with respect to each individual from whom such interest was received at such time as the Secretary may by regulations prescribe. ``(b) Form and Manner of Returns.--A return is described in this subsection if such return-- ``(1) is in such form as the Secretary may prescribe, ``(2) contains-- ``(A) the name, address, and TIN of the individual from whom the interest described in subsection (a)(2) was received, ``(B) the amount of such interest received for the calendar year, and ``(C) such other information as the Secretary may prescribe. ``(c) Application to Governmental Units.--For purposes of subsection (a)-- ``(1) Treated as persons.--The term `person' includes any governmental unit (and any agency or instrumentality thereof). ``(2) Special rules.--In the case of a governmental unit or any agency or instrumentality thereof-- ``(A) subsection (a) shall be applied without regard to the trade or business requirement contained therein, and ``(B) any return required under subsection (a) shall be made by the officer or employee appropriately designated for the purpose of making such return. ``(d) Statements To Be Furnished to Individuals With Respect to Whom Information Is Required.--Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing-- ``(1) the name and address of the person required to make such return, and ``(2) the aggregate amount of interest described in subsection (a)(2) received by the person required to make such return from the individual to whom the statement is required to be furnished. The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. ``(e) Qualified Education Loan Defined.--For purposes of this section, except as provided in regulations prescribed by the Secretary, the term `qualified education loan' has the meaning given such term by section 221(d)(1). ``(f) Returns Which Would Be Required To Be Made by 2 or More Persons.--Except to the extent provided in regulations prescribed by the Secretary, in the case of interest received by any person on behalf of another person, only the person first receiving such interest shall be required to make the return under subsection (a).'' (2) Assessable penalties.--Section 6724(d) of such Code (relating to definitions) is amended-- (A) by redesignating clauses (x) through (xv) as clauses (xi) through (xvi), respectively, in paragraph (1)(B) and by inserting after clause (ix) of such paragraph the following new clause: ``(x) section 6050S (relating to returns relating to education loan interest received in trade or business from individuals),'', and (B) by striking ``or'' at the end of the next to last subparagraph, by striking the period at the end of the last subparagraph and inserting ``, or'', and by adding at the end the following new subparagraph: ``(Z) section 6050R (relating to returns relating to education loan interest received in trade or business from individuals).'' (d) Clerical Amendments.-- (1) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 221. Interest on education loans. ``Sec. 222. Cross reference.'' (2) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6050R the following new item: ``Sec. 6050S. Returns relating to education loan interest received in trade or business from individuals.'' (e) Effective Date.--The amendments made by this section shall apply to any qualified education loan (as defined in section 221(d)(1) of the Internal Revenue Code of 1986, as added by this section) incurred on, before, or after the date of the enactment of this Act, but only with respect to any loan interest payment due after December 31, 1996.

Amends the Internal Revenue Code to with respect to the income exclusion for employer-provided educational assistance programs to: (1) make such exclusion permanent; and (2) include graduate school assistance. Provides an income-based deduction for interest on qualified education loans incurred on behalf of a taxpayer or spouse (excludes dependents). Sets forth reporting requirements for persons in the business of receiving interest from such loans.

To amend the Internal Revenue Code of 1986 to permanently extend the exclusion for employer-provided educational assistance programs, to restore such exclusion for graduate level courses, and to allow a deduction for interest on education loans.

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Local Government Landfill Compliance Deadline Act''. (b) Purpose.--The purpose of this Act is to strengthen the ability of county and city officials to fulfill the goals established for municipal solid waste landfills by allowing adequate time for wise, environmentally sound, and fiscally responsible decisionmaking by the officials in a manner consistent with the obligations of the officials to the citizens they serve. SEC. 2. TEMPORARY EXEMPTION OF CERTAIN LANDFILLS FROM MEETING REVISED CRITERIA. (a) Temporary Exemption.-- (1) In general.--Except as provided in paragraph (2), during the 1-year period beginning on October 9, 1993, each municipal solid waste landfill that-- (A) is in existence on October 8, 1993; and (B) meets the requirements of the criteria contained in regulations issued pursuant to sections 4004(a) and 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6944(a) and 6949a(c), respectively) as in effect on January 1, 1993, shall not be required to meet any revised criteria that take effect after the date specified in subparagraph (B). (2) Exceptions.-- (A) In general.--If the Administrator of the Environmental Protection Agency (referred to in this section as the `Administrator'), or the appropriate official of a State with a plan approved by the Administrator pursuant to title IV of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) (referred to in this section as an ``appropriate State official''), determines that the owner or operator of a municipal solid waste landfill did not make a good faith effort before October 9, 1993, to comply with any revised criteria that took effect after the date specified in paragraph (1)(B), the exemption described in paragraph (1) shall not apply to the landfill. (B) Temporary extension of exemption.--The owner or operator of a municipal solid waste landfill that is the subject of an exemption under paragraph (1) may submit an application to the Administrator or an appropriate State official (in the case of a State referred to in subparagraph (A)) for a 180-day extension of the exemption. The Administrator (or the appropriate State official) shall grant the extension if the Administrator (or the appropriate State official) determines that the owner or operator cannot achieve compliance with the revised criteria referred to in such paragraph by the end of the 1-year period specified in such paragraph because of 1 or more factors beyond the control of the owner or operator, including-- (i) litigation; (ii) adverse weather conditions that slow or bring to a temporary halt the construction of a landfill; (iii) a breakdown in negotiations for the construction or use of a regional landfill that requires any local government participating in the negotiations to pursue other arrangements for waste disposal; or (iv) any delay in siting, permitting, or patenting a landfill or transfer station, including any delay attributable to-- (I) the unavailability of, or inaccessibility to, technical assistance; or (II) procedures for purchasing, leasing, permitting, or patenting a site on Federal land, including carrying out any necessary environmental assessments or preparing environmental impact statements pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (C) Mandatory extension.--The Administrator (or the appropriate State official) may not disapprove any application referred to in subparagraph (B) in any case in which the Administrator (or appropriate State official) determines that the failure of a Federal agency or a department or agency of a State to issue a permit, patent, or other necessary approval for a landfill that is the subject of the application, or a transfer station associated with the landfill, has been a factor in the inability of the owner or operator of the landfill to achieve compliance with the revised criteria referred to in paragraph (1). (b) Prior Criteria Applicable During Exemption Period.--During the period specified in subsection (a)(1), and during any applicable additional period specified in subsection (a)(2)(B), a landfill subject to an exemption pursuant to this section shall be subject to the criteria referred to in subsection (a)(1)(B). (c) Effective Date of Revised Criteria.--Except as otherwise specifically provided in this Act, beginning on October 9, 1994, each municipal solid waste landfill shall be subject to the revised criteria applicable to the landfill issued pursuant to sections 4004(a) and 4010(c) of the Solid Waste Disposal Act (42 U.S.C. 6944(a) and 6949a(c), respectively), and any subsequent revision to the criteria. (d) Citizen Suits.--No person may commence a civil action pursuant to section 7002 of the Solid Waste Disposal Act (42 U.S.C. 6972) on the basis of the failure of a municipal solid waste landfill subject to the exemption described in subsection (a)(1) to meet any requirement with respect to which the exemption applies. SEC. 3. EXTENSION OF EFFECTIVE DATE OF FINANCIAL ASSURANCE REQUIREMENTS. (a) In General.--Notwithstanding any other provision of law, the Administrator shall issue regulations that revise the financial assurance requirements under subpart G of title 40, Code of Federal Regulations, to broaden the mechanisms available to an owner or operator of a municipal solid waste landfill for demonstrating financial responsibility. The revised regulations shall include revised criteria for determining whether mechanisms in addition to the mechanisms specified in the regulations may be approved by the Administrator. The revised criteria shall take into account the financial circumstances of small municipalities and counties (as defined and determined by the Administrator). (b) Effective Date.--The revised regulations promulgated pursuant to subsection (a) shall take effect on the date that is 2 years after the promulgation of the regulations. (c) Applicability.--During the period beginning on the effective date specified in section 258.70 of title 40, Code of Federal Regulations, and ending on the date specified in subsection (b), the financial assurance requirements under subpart G of part 258 of title 40, Code of Federal Regulations, shall not apply. SEC. 4. GROUND WATER MONITORING. (a) In General.--As soon as practicable after the date of enactment of this Act, the Administrator shall issue regulations that exempt from the ground water monitoring requirements under sections 258.51 through 258.55 of title 40, Code of Federal Regulations, any municipal solid waste landfill unit described in the matter preceding clause (i) in section 258.1(f)(1), as added by the final rule published at 56 Fed. Reg. 50798 on October 9, 1991, (referred to in this section as a ``small landfill'')-- (1) in 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 (2) in a community that has no practicable waste management alternative and that has a small landfill unit located in an area that annually receives less than or equal to 25 inches of precipitation. (b) Effective Date.--The regulations promulgated pursuant to subsection (a) shall take effect on the date that is 2 years after the date of enactment of this Act. (c) Exemption.--Notwithstanding any other provision of law, before the effective date of the regulations referred to in subsection (b), a landfill referred to in subsection (a) shall not be required to carry out any ground water monitoring activities required under Federal law.

Local Government Landfill Compliance Deadline Act - Exempts municipal solid waste landfills existing as of October 8, 1993, which meet criteria under the Solid Waste Disposal Act as in effect on January 1, 1993, from meeting any revised criteria (established for facilities which may receive hazardous wastes) for a period of one year. Makes such exemption inapplicable to landfill owners or operators who did not make a good faith effort before October 9, 1993, to comply with criteria. Provides for a 180-day extension of the exemption subject to specified factors beyond the control of the owner or operator. Directs the Administrator of the Environmental Protection Agency to issue regulations to revise specified financial assurance requirements under the Code of Federal Regulations (CFR) to broaden the mechanisms available to municipal landfill owners or operators for demonstrating financial responsibility. Makes current requirements inapplicable until the effective date of such regulations. Requires the Administrator to issue regulations that exempt certain small landfills from CFR groundwater monitoring requirements.

Local Government Landfill Compliance Deadline Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Accounting for Intangibles Reexamination (FAIR) Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress that, prior to changing existing rules of accounting for business combinations and intangible assets, the Securities and Exchange Commission and the Financial Accounting Standards Board should undertake a comprehensive reexamination of the appropriate methods of accounting for purchased and internally generated intangibles including goodwill, and should await the results of related studies of these issues. SEC. 3. MORATORIUM ON ELIMINATION OF POOLING OF INTERESTS METHOD OF ACCOUNTING. (a) Continued Validity of Method.--Notwithstanding any other provision of law, for purposes of any financial statement, report, or other document required under any of the securities laws, the availability and use of the pooling of interests method of accounting for any business combination shall be determined in accordance with generally accepted accounting principles as in effect on October 1, 2000 . (b) Duration of Moratorium.--This section shall take effect upon the date of the enactment of this Act and shall remain in effect until 90 days after the date of the submission of the report required by section 4(e). SEC. 4. FURTHER STUDY. (a) Establishment.--There is established a commission to be known as the Commission on Financial Accounting for Intangibles (referred to in this section as the ``Commission''). (b) Duties.--The Commission shall-- (1) consider the general usefulness of financial statements prepared under generally accepted accounting principles in light of recent trends in the securities markets; (2) consider the impact that shortcomings in generally accepted accounting principles have on securities market volatility, capital allocation, and the investment of retirement fund assets, both individual and institutional; (3) consider methods to better identify, value, and account for purchased and internally generated intangible assets; (4) examine the general questions surrounding the role of intangible assets in financial reporting in the economy; and (5) consider the economic impact that would result if the pooling of interests method of accounting for business combinations were eliminated. (c) Membership.-- (1) Number and appointment.-- (A) The Commission shall be composed of 10 individuals, of which-- (i) 3 shall be appointed by the majority leader of the Senate; (ii) 2 shall be appointed by the minority leader of the Senate; (iii) 3 shall be appointed by the Speaker of the House of Representatives; and (iv) 2 shall be appointed by the minority leader of the House of Representatives. (B) From the 10 commissioners appointed, a chairman shall be selected jointly by the majority leader of the Senate and the Speaker of the House of Representatives. (2) Qualifications for membership.-- (A) Of the members appointed under paragraph (1)(A), 4 shall come from the accounting profession. (B) The remainder of such members shall be experts capable of carrying out the duties described in this section. (3) Deadline for appointment.--All members of the Commission shall be appointed by no later than December 31, 2000. (4) Terms of appointment.--The term of an appointment to the Commission shall be for the life of the Commission. (5) Vacancy.-- (A) A vacancy on the Commission shall be filled, not more than 30 days after notice of the vacancy is given to the Commission, in the same manner in which the original members were selected. (B) A vacancy shall not affect the power of the remaining members to execute the duties of the Commission. (d) Procedure.-- (1) Meetings.--The Commission shall meet at the call of its chairman or a majority of its members. (2) Quorum.--A quorum shall consist of 7 members of the Commission. (e) Report.--Not later than 9 months 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 Commission's recommendations, findings, and conclusions, and may contain minority or individual member's views. (f) Termination.--The Commission shall terminate not more than 30 days after the date of submission of the report required in subsection (e). SEC. 5. DEFINITIONS. For purposes of this Act: (1) Pooling of interests.--The term ``pooling of interests'' refers to the method of accounting for business combinations described in the Federal Accounting Standards Board's APB Opinion Number 16, Business Combinations, as in effect on October 1, 2000. (2) Securities laws.--The term ``securities laws'' has the meaning given such term in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)).

States that the availability and use of the pooling of interests method of accounting for any business combination shall be determined in accordance with generally accepted accounting principles in effect on October 1, 2000. Establishes the Commission on Financial Accounting for Intangibles to consider specified aspects of: (1) generally accepted accounting principles; (2) intangible assets; and (3) the pooling of interests method of accounting for business combinations. Instructs the Commission to report its recommendations and conclusions to the President and Congress.

Financial Accounting for Intangibles Reexamination (FAIR) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Portable Fuel Container Safety Act of 2017''. SEC. 2. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION SOURCES. (a) Rule on Safety Performance Standards Required.--Not later than 30 months after the date of enactment of this section, the Consumer Product Safety Commission shall promulgate a final rule for flame mitigation devices in portable fuel containers that impedes the propagation of flame into the container, except as provided in subsection (c). (b) Rulemaking; Consumer Product Safety Standard.--A rule under subsection (a)-- (1) shall be promulgated in accordance with section 553 of title 5, United States Code; and (2) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). (c) Exception.-- (1) Voluntary standard.--Subsection (a) shall not apply if the Commission determines that-- (A) there is a voluntary standard for flame mitigation devices in portable fuel containers that impedes the propagation of flame into the container; (B) the voluntary standard is or will be in effect not later than 18 months after the date of enactment of this Act; and (C) the voluntary standard is developed by Subcommittee F15 of ASTM International or such other standard development organization that the Commission determines to have met the intent of this Act. (2) Determination required to be published in the federal register.--Any determination made by the Commission under this subsection shall be published in the Federal Register. (d) Treatment of Voluntary Standard for Purpose of Enforcement.--If the Commission determines that a voluntary standard meets the conditions described in subsection (c), the requirements of such voluntary standard shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act beginning on the date which is the later of-- (1) 180 days after publication of the Commission's determination under subsection (c); or (2) the effective date contained in the voluntary standard. (e) Revision of Voluntary Standard.-- (1) Notice to commission.--If the requirements of a voluntary standard that meet the conditions of subsection (c) are subsequently revised, the organization that revised the standard shall notify the Commission not later than 60 days after the final approval of the revision. (2) Effective date of revision.--Not later than 180 days after the Commission is notified of a revised voluntary standard described in paragraph (1) (or such later date as the Commission determines appropriate), such revised voluntary standard shall become enforceable as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act, in place of the prior version, unless within 90 days after receiving the notice the Commission determines that the revised voluntary standard does not meet the requirements described in subsection (c). (f) Future Rulemaking.--The Commission, at any time after publication of the consumer product safety rule required by subsection (a), a voluntary standard is treated as a consumer product safety rule under subsection (d), or a revision is enforceable as a consumer product safety rule under subsection (e) may initiate a rulemaking in accordance with section 553 of title 5, United States Code, to modify the requirements or to include any additional provision that the Commission determines is reasonably necessary to protect public health or safety. Any rule promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act. (g) Action Required.-- (1) Education campaign.--Not later than 1 year after the date of enactment of this Act, the Commission shall undertake a campaign to educate consumers about the dangers associated with using or storing portable fuel containers for flammable liquids near an open flame or any other source of ignition. (2) Summary of actions.--Not later than 2 years after the date of enactment of this Act, the Commission shall submit to Congress a summary of actions taken by the Commission in such campaign. (h) Portable Fuel Container Defined.--In this section, the term ``portable fuel container'' means any container or vessel (including any spout, retrofit spout, cap, and other closure mechanism or component of such container or vessel)-- (1) intended for flammable liquid fuels, including gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, biofuels, or liquids with a flash point less than 140 degrees Fahrenheit; (2) that is a consumer product with a capacity of 5 gallons or less; and (3) that the manufacturer knows or reasonably should know is used by consumers for receiving, transporting, storing, and dispensing flammable liquid fuels. (i) Rule of Construction.--This section may not be interpreted to conflict with the Children's Gasoline Burn Prevention Act (Public Law 110-278; 122 Stat. 2602). SEC. 3. CHILDREN'S GASOLINE BURN PREVENTION ACT. (a) Amendment.--Section 2(c) of the Children's Gasoline Burn Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is amended by inserting after ``for use by consumers'' the following: ``and any receptacle for gasoline, kerosene, or diesel fuel, including any spout, retrofit spout, cap, and other closure mechanism and component of such receptacle, produced or distributed for sale to or use by consumers for transport of, or refueling of internal combustion engines with, gasoline, kerosene, or diesel fuel''. (b) Applicability.--The amendment made by subsection (a) shall take effect 6 months after the date of enactment of this section.

Portable Fuel Container Safety Act of 2017 This bill requires the Consumer Product Safety Commission (CPSC) to promulgate a final rule for flame mitigation devices in portable flammable liquid fuel containers that impede the propagation of flame into the container, unless the CPSC publishes a determination that a voluntary standard developed by a standard development organization meets the intent of this bill. Either the promulgated standard or the voluntary standard shall be treated as a consumer product safety rule. If a standard development organization subsequently revises a voluntary standard, the organization must notify the CPSC and the revision becomes enforceable unless, within 90 days after receiving notice, the CPSC determines that the revised standard does not meet this bill's requirements. The CPSC must undertake a campaign to educate consumers about dangers associated with portable fuel containers near an open flame or other source of ignition. The bill amends the Children's Gasoline Burn Prevention Act to extend child-resistance requirements for closures on portable gasoline containers to receptacles for gasoline, kerosene, or diesel fuel (including any spout, retrofit spout, cap, and other closure mechanism and component) produced or distributed for sale to, or use by, consumers for transport of, or for refueling of internal combustion engines with, gasoline, kerosene, or diesel fuel.

Portable Fuel Container Safety Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Community Renewal Act of 2002''. SEC. 2. ADDITIONAL DESIGNATIONS OF RENEWAL COMMUNITIES. (a) In General.--Section 1400E of the Internal Revenue Code of 1986 (relating to designation of renewal communities) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Additional Designations Permitted.-- ``(1) In general.--In addition to the areas designated under subsection (a), the Secretary of Housing and Urban Development may designate in the aggregate an additional 20 nominated areas as renewal communities under this section, subject to the availability of eligible nominated areas. Of that number, not less than 5 shall be designated in areas described in subsection (a)(2)(B). ``(2) Period designations may be made and take effect.--A designation may be made under this subsection after the date of the enactment of this subsection and before January 1, 2004. Subject to subparagraphs (B) and (C) of subsection (b)(1), such designations shall remain in effect during the period beginning on January 1, 2004, and ending on December 31, 2011. ``(3) Modifications to eligibility determinations.--The rules of this section shall apply to designations under this subsection, except that population and poverty rate shall be determined by using the 2000 census.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. NONRECOGNITION OF GAIN ON PROCEEDS OF SALE OF REAL PROPERTY WHICH ARE INVESTED IN RENEWAL COMMUNITY, ETC. BUSINESSES. (a) In General.--Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by adding at the end the following new section: ``SEC. 1046. NONRECOGNITION OF GAIN ON PROCEEDS OF SALE OF REAL PROPERTY WHICH ARE INVESTED IN RENEWAL COMMUNITY, ETC. BUSINESSES. ``(a) Nonrecognition of Gain.--In the case of a sale of real property held by the taxpayer for more than 1 year and with respect to which the taxpayer elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds-- ``(1) the cost of any qualified asset purchased by the taxpayer during the 60-day period beginning on the date of such sale, reduced by ``(2) any portion of such cost previously taken into account under this section. ``(b) Qualified Asset.--For purposes of this section, the term `qualified asset' means-- ``(1) any qualified empowerment zone asset (as defined in section 1397B), ``(2) any qualified community asset (as defined in section 1400F(b)), and ``(3) any property which would be a qualified empowerment zone asset (as so defined) if enterprise communities and HUB zones were treated as empowerment zones. ``(c) Special Rules.-- ``(1) Ordinary income not eligible for rollover.--This section shall not apply to any gain which is treated as ordinary income for purposes of this subtitle. ``(2) Purchase.--A taxpayer shall be treated as having purchased any property if, but for paragraph (4), the unadjusted basis of such property in the hands of the taxpayer would be its cost (within the meaning of section 1012). ``(3) Basis adjustments.--If gain from any sale is not recognized by reason of subsection (a), such gain shall be applied to reduce (in the order acquired) the basis for determining gain or loss of any qualified asset which is purchased by the taxpayer during the 60-day period described in subsection (a). This paragraph shall not apply for purposes of section 1202. ``(4) Holding period.--For purposes of determining whether the nonrecognition of gain under subsection (a) applies to any qualified asset which is sold-- ``(A) the taxpayer's holding period for such asset and the asset referred to in subsection (a)(1) shall be determined without regard to section 1223, and ``(B) only the first year of the taxpayer's holding period for the asset referred to in subsection (a)(1) shall be taken into account for purposes of paragraphs (2)(A)(iii), (3)(C), and (4)(A)(iii) of section 1400F(b) or comparable rules under section 1397B.''. (b) Technical Amendments.-- (1) Paragraph (23) of section 1016(a) of such Code is amended is amended-- (A) by striking ``or 1397B'' and inserting ``1397B, or 1046'', and (B) by striking ``or 1397B(b)(4)'' and inserting ``1397B(b)(4), or 1046(c)(4)''. (2) Paragraph (15) of section 1223 is amended by striking ``or 1397B'' and inserting ``, 1397B, or 1046''. (3) The table of sections for part III of subchapter O of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1046. Nonrecognition of gain on proceeds of sale of real property which are invested in renewal community, etc. businesses.'' (c) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act. SEC. 4. LOCAL ALLOCATION OF COMMERCIAL REVITALIZATION DEDUCTION AMOUNTS WHERE STATE FAILS TO ADOPT ALLOCATION PLAN. (a) In General.--Subsection (e) of section 1400I of the Internal Revenue Code of 1986 (relating to commercial revitalization deduction) is amended by adding at the end the following new paragraph: ``(3) Local allocation of revitalization amount where state fails to adopt allocation plan.--If a qualified allocation plan with respect to any State is not approved as provided in paragraph (1) before the 120th day after the date of the enactment of this paragraph, then, beginning on such 120th day-- ``(A) subsection (d)(3) shall cease to apply, and ``(B) the term `commercial revitalization agency' means, with respect to any renewal community, any agency authorized to carry out this section by the local governmental unit having within its jurisdiction the largest portion of such community.''. (b) Effective Date.--The amendment made by this section shall take effect the date of the enactment of this Act.

American Community Renewal Act of 2002 - Amends the Internal Revenue Code to: (1) provide for the designation of 20 additional renewal communities; (2) permit the nonrecognition of gain on proceeds of sales of real property which are invested in qualified renewal community zone assets; and (3) provide for the local allocation of commercial revitalization expenditure amounts if a State fails to adopt a qualified allocation plan.

To amend the Internal Revenue Code of 1986 to provide for additional designations of renewal communities and to allow nonrecognition of gain on sales of real property if the proceeds are invested in renewal and similar community businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mapping a New and Innovative Focus on Our Exploration Strategy for Human Spaceflight Act of 2016'' or the ``MANIFEST for Human Spaceflight Act of 2016''. SEC. 2. REAFFIRMATION OF POLICY AND FINDINGS. (a) Reaffirmation of Policy.--Congress reaffirms that the long-term goal of the human space flight and exploration efforts of the National Aeronautics and Space Administration shall be to expand permanent human presence beyond low-Earth orbit and to do so, where practical, in a manner involving international partners, as stated in section 202(a) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a)). (b) Findings.--Congress makes the following findings: (1) In accordance with section 204 of the National Aeronautics and Space Administration Authorization Act of 2010 (Public Law 111-267; 124 Stat. 2813), the National Academy of Sciences, through its Committee on Human Spaceflight, conducted a review of the goals, core capabilities, and direction of human space flight, and published the findings and recommendations in a 2014 report entitled ``Pathways to Exploration: Rationales and Approaches for a U.S. Program of Human Space Exploration''. (2) The Committee on Human Spaceflight included leaders from the aerospace, scientific, security, and policy communities. With input from the public, the Committee on Human Spaceflight concluded that many practical and aspirational rationales together constitute a compelling case for human space exploration. These rationales include economic benefits, national security, national prestige, inspiring students and other citizens, scientific discovery, human survival, and a sense of shared destiny. (3) The Committee on Human Spaceflight affirmed that Mars is the appropriate long-term goal for the human space flight program. (4) The Committee on Human Spaceflight recommended that the National Aeronautics and Space Administration define a series of sustainable steps and conduct mission planning and technology development as needed to achieve the long-term goal of placing humans on the surface of Mars. SEC. 3. HUMAN EXPLORATION STRATEGY. (a) Human Exploration of Mars.--Section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18312(b)) 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 ``; and''; and (3) by adding at the end the following: ``(5) to achieve human exploration of Mars, including the establishment of a capability to extend human presence to the surface of Mars.''. (b) Exploration Strategy.-- (1) In general.--In accordance with this subsection, the Administrator of the National Aeronautics and Space Administration shall submit an interim report and final report setting forth a strategy to achieve the objective in paragraph (5) of section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010, as amended by subsection (a) of this section, through a series of successive, sustainable, free-standing, but complementary missions making robust utilization of cis-lunar space and employing the Space Launch System, Orion crew capsule, and other capabilities provided under titles III, IV, V, and IX of that Act (42 U.S.C. 18301 et seq.). (2) Strategy requirements.--In developing the strategy under paragraph (1), the Administrator shall include-- (A) the utility of an expanded human presence in cis-lunar space toward enabling missions to various lunar orbits, the lunar surface, asteroids, Mars, the moons of Mars, and other destinations of interest for future human exploration and development; (B) the utility of an expanded human presence in cis-lunar space for economic, scientific, and technological advances; (C) the opportunities for collaboration with-- (i) international partners; (ii) private industry; and (iii) other Federal agencies, including missions relevant to national security or scientific needs; (D) the opportunities specifically afforded by the International Space Station (ISS) to support high priority scientific research and technological developments useful in expanding and sustaining a human presence in cis-lunar space and beyond; (E) a range of exploration mission architectures and approaches for the missions identified under paragraph (1), including capabilities for the Orion crew capsule and the Space Launch System; (F) a comparison of architectures and approaches based on-- (i) assessed value of factors including cost effectiveness, schedule resiliency, safety, sustainability, and opportunities for international collaboration; (ii) the extent to which certain architectures and approaches may enable new markets and opportunities for United States private industry, provide compelling opportunities for scientific discovery and technological excellence, sustain United States competitiveness and leadership, and address critical national security considerations and requirements; and (iii) the flexibility of such architectures and approaches to adjust to evolving technologies, partners, priorities, and budget projections and constraints; (G) measures for setting standards for ensuring crew health and safety, including limits regarding radiation exposure and countermeasures necessary to meet those limits, means and methods for addressing urgent medical conditions or injuries, and other such safety, health, and medical issues that can be anticipated in the conduct of the missions identified under paragraph (1); (H) a description of crew training needs and capabilities (including space suits and life support systems) necessary to support the conduct of missions identified under paragraph (1); (I) a detailed plan for prioritizing and phasing near-term intermediate destinations and missions identified under paragraph (1); (J) an assessment of the recommendations of the report prepared in compliance with section 204 of the National Aeronautics and Space Administration Authorization Act of 2010 (Public Law 111-267; 124 Stat. 2813), including a detailed explanation of how the Administrator has ensured such recommendations have been, to the extent practicable, incorporated into the strategy under paragraph (1); and (K) technical information as needed to identify interest from potential stakeholder or partner communities. (3) Independent review.-- (A) In general.--The Administrator shall enter into an arrangement with the National Academy of Sciences to review and comment on each interim report pursuant to paragraph (1). Under the arrangement, the National Academy of Sciences shall review each interim report on the strategy described in paragraph (1) and identify the following: (i) Matters in such interim report agreed upon by the National Academy of Sciences. (ii) Matters in such interim report raising concerns for the National Academy of Sciences. (iii) Such further recommendations with respect to matters covered by such interim report as the National Academy of Sciences considers appropriate. (B) Timing of review and comment.--The Administrator shall ensure that the review and comment on an interim report provided for pursuant to subparagraph (A) is conducted in a timely manner to comply with the requirements of this subsection and, to the maximum extent practicable, to facilitate the incorporation of the comments of the National Academy of Sciences pursuant to subparagraph (A) into the applicable final report required by this subsection. (4) Deadlines.-- (A) Interim reports.--Not later than 90 days after the date of the enactment of this Act, and not less than every five years thereafter, the Administrator shall submit to the National Academy of Sciences an interim report on the strategy required by paragraph (1) in order to facilitate the independent review and comment on the strategy as provided for by paragraph (3). (B) Final reports.--Not later than one year after the date of the enactment of this Act, and not less than every five years thereafter, the Administrator shall submit to Congress a final report on the strategy required by paragraph (1), which shall include and incorporate the response of the National Academy of Sciences to the most recent interim report pursuant to paragraph (3).

Mapping a New and Innovative Focus on Our Exploration Strategy for Human Spaceflight Act of 2016 or the MANIFEST for Human Spaceflight Act of 2016 This bill amends the National Aeronautics and Space Administration Authorization Act of 2010 to make it a key U.S. objective to achieve human exploration of Mars, including the establishment of a capability to extend human presence to the surface of Mars. The National Aeronautics and Space Administration (NASA) shall report a strategy to achieve such objective through a series of successive, sustainable, free-standing, but complementary missions making robust use of cislunar space and employing the Space Launch System, Orion crew capsule, and other capabilities provided under specified titles of the Act. NASA shall arrange with the National Academy of Sciences (NAS) to review and comment on each interim report on the strategy and identify matters the NAS agrees with and matters raising NAS concerns, as well as any NAS recommendations.

MANIFEST for Human Spaceflight Act of 2016

SECTION 1. WILDFIRE ON FEDERAL LANDS. Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) is amended-- (1) by striking ``(2)'' and all that follows through ``means'' and inserting the following: ``(2) Major disaster.-- ``(A) Major disaster.--The term `major disaster' means''; and (2) by adding at the end the following: ``(B) Major disaster for wildfire on federal lands.--The term `major disaster for wildfire on Federal lands' means any wildfire or wildfires, which in the determination of the President under section 802 warrants assistance under section 803 to supplement the efforts and resources of the Department of the Interior or the Department of Agriculture-- ``(i) on Federal lands; or ``(ii) on non-Federal lands pursuant to a fire protection agreement or cooperative agreement.''. SEC. 2. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON FEDERAL LANDS. The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following: ``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND ``SEC. 801. DEFINITIONS. ``As used in this title-- ``(1) Federal land.--The term `Federal land' means-- ``(A) any land under the jurisdiction of the Department of the Interior; and ``(B) any land under the jurisdiction of the United States Forest Service. ``(2) Federal land management agencies.--The term `Federal land management agencies' means-- ``(A) the Bureau of Land Management; ``(B) the National Park Service; ``(C) the Bureau of Indian Affairs; ``(D) the United States Fish and Wildlife Service; and ``(E) the United States Forest Service. ``(3) Wildfire suppression operations.--The term `wildfire suppression operations' means the emergency and unpredictable aspects of wildland firefighting, including support, response, emergency stabilization activities, and other emergency management activities of wildland firefighting on Federal lands (or on non-Federal lands pursuant to a fire protection agreement or cooperative agreement) by the Federal land management agencies covered by the wildfire suppression subactivity of the Wildland Fire Management account or the FLAME Wildfire Suppression Reserve Fund account of the Federal land management agencies. ``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON FEDERAL LANDS. ``(a) In General.--The Secretary of the Interior or the Secretary of Agriculture may submit a request to the President consistent with the requirements of this title for a declaration by the President that a major disaster for wildfire on Federal lands exists. ``(b) Requirements.--A request for a declaration by the President that a major disaster for wildfire on Federal lands exists shall-- ``(1) be made in writing by the respective Secretary; ``(2) certify that the amount appropriated in the current fiscal year for wildfire suppression operations of the Federal land management agencies under the jurisdiction of the respective Secretary, net of any concurrently enacted rescissions of wildfire suppression funds, increases the total unobligated balance of amounts available for wildfire suppression by an amount equal to or greater than the average total costs incurred by the Federal land management agencies per year for wildfire suppression operations, including the suppression costs in excess of appropriated amounts, over the previous ten fiscal years; ``(3) certify that the amount available for wildfire suppression operations of the Federal land management agencies under the jurisdiction of the respective Secretary will be obligated not later than 30 days after such Secretary notifies the President that wildfire suppression funds will be exhausted to fund ongoing and anticipated wildfire suppression operations related to the wildfire on which the request for the declaration of a major disaster for wildfire on Federal lands pursuant to this title is based; and ``(4) specify the amount required in the current fiscal year to fund wildfire suppression operations related to the wildfire on which the request for the declaration of a major disaster for wildfire on Federal lands pursuant to this title is based. ``(c) Declaration.--Based on the request of the respective Secretary under this title, the President may declare that a major disaster for wildfire on Federal lands exists. ``SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE. ``(a) In General.--In a major disaster for wildfire on Federal lands, the President may transfer funds, only from the account established pursuant to subsection (b), to the Secretary of the Interior or the Secretary of Agriculture to conduct wildfire suppression operations on Federal lands (and non-Federal lands pursuant to a fire protection agreement or cooperative agreement). ``(b) Wildfire Suppression Operations Account.--The President shall establish a specific account for the assistance available pursuant to a declaration under section 802. Such account may only be used to fund assistance pursuant to this title. ``(c) Limitation.-- ``(1) Limitation of transfer.--The assistance available pursuant to a declaration under section 802 is limited to the transfer of the amount requested pursuant to section 802(b)(4). The assistance available for transfer shall not exceed the amount contained in the wildfire suppression operations account established pursuant to subsection (b). ``(2) Transfer of funds.--Funds under this section shall be transferred from the wildfire suppression operations account to the wildfire suppression subactivity of the Wildland Fire Management Account. ``(d) Prohibition of Other Transfers.--Except as provided in this section, no funds may be transferred to or from the account established pursuant to subsection (b) to or from any other fund or account. ``(e) Reimbursement for Wildfire Suppression Operations on Non- Federal Land.--If amounts transferred under subsection (c) are used to conduct wildfire suppression operations on non-Federal land, the respective Secretary shall-- ``(1) secure reimbursement for the cost of such wildfire suppression operations conducted on the non-Federal land; and ``(2) transfer the amounts received as reimbursement to the wildfire suppression operations account established pursuant to subsection (b). ``(f) Annual Accounting and Reporting Requirements.--Not later than 90 days after the end of each fiscal year for which assistance is received pursuant to this section, the respective Secretary shall submit to the Committees on Agriculture, Appropriations, the Budget, Natural Resources, and Transportation and Infrastructure of the House of Representatives and the Committees on Agriculture, Nutrition, and Forestry, Appropriations, the Budget, Energy and Natural Resources, Homeland Security and Governmental Affairs, and Indian Affairs of the Senate, and make available to the public, a report that includes the following: ``(1) The risk-based factors that influenced management decisions regarding wildfire suppression operations of the Federal land management agencies under the jurisdiction of the Secretary concerned. ``(2) Specific discussion of a statistically significant sample of large fires, in which each fire is analyzed for cost drivers, effectiveness of risk management techniques, resulting positive or negative impacts of fire on the landscape, impact of investments in preparedness, suggested corrective actions, and such other factors as the respective Secretary considers appropriate. ``(3) Total expenditures for wildfire suppression operations of the Federal land management agencies under the jurisdiction of the respective Secretary, broken out by fire sizes, cost, regional location, and such other factors as the such Secretary considers appropriate. ``(4) Lessons learned. ``(5) Such other matters as the respective Secretary considers appropriate. ``(g) Savings Provision.--Nothing in this title shall limit the Secretary of the Interior, the Secretary of Agriculture, Indian tribe, or a State from receiving assistance through a declaration made by the President under this Act when the criteria for such declaration have been met.''.

Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to define a "major disaster for wildfire on federal lands" as any wildfire that, in the determination of the President, warrants assistance under this Act to supplement the efforts and resources of the Department of the Interior or the Department of Agriculture: (1) on federal lands, or (2) on non-federal lands pursuant to a fire protection agreement or cooperative agreement. Authorizes the Secretary of the Interior or the Secretary of Agriculture to submit a request to the President for a declaration that such a major disaster exists. Requires such a request to: certify that the amount appropriated in the current fiscal year for wildfire suppression operations of the federal land management agencies under the jurisdiction of the respective Secretary, net of any concurrently enacted rescissions of wildfire suppression funds, increases the total unobligated balance of amounts available for wildfire suppression by an amount equal to or greater than the average total costs incurred by such agencies per year for wildfire suppression operations over the previous 10 fiscal years; certify that the amount available for wildfire suppression operations of the federal land management agencies under the jurisdiction of the respective Secretary will be obligated not later than 30 days after such Secretary notifies the President that wildfire suppression funds will be exhausted to fund ongoing and anticipated wildfire suppression operations related to the wildfire on which such request is based; and specify the amount required in the current fiscal year to fund wildfire suppression operations related to the wildfire on which such request is based. Authorizes the President to: (1) declare that such a major disaster exists based on such a request, (2) establish a specific account for assistance pursuant to such a declaration, and (3) transfer funds from such account to the Secretary of the Interior or the Secretary of Agriculture to conduct wildfire suppression operations on such lands. Requires the respective Secretary to secure reimbursement of transferred amounts used for wildfire suppression operations on non-federal land.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to establish wildfire on Federal lands as a major disaster.

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Immigrant Labor Policy Review Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The unemployment rate in the United States is at a record low. (2) Many industries in the United States, including agriculture, tourism, construction, nursing, information technology, and other portions of the service sector, are experiencing labor shortages. (3) The inability to secure sufficient workers is having a detrimental impact on the economy of the United States and the standard of living for all people in the United States. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the High Level Commission on Immigrant Labor Policy (hereinafter in this Act referred to as the ``Commission''). SEC. 4. DUTIES. (a) In General.--The Commission shall study the interactions between Federal immigration policy and the labor markets for aliens in the United States, including the following subjects: (1) The adequacy of the supply of labor in the United States and whether this supply needs to be further supplemented with alien workers. (2) The extent to which employers in the United States rely upon the employment of a temporary workforce. (3) The economic impact and desirability of maintaining statutory caps on nonimmigrant workers. (4) The extent to which employers in the United States rely upon the employment of a workforce that includes or consists of aliens who unlawfully enter or remain in the United States. (5) The extent of unemployment and underemployment of workers who are United States citizens or aliens lawfully admitted to the United States for permanent residence. (6) The effectiveness of United States labor policies in stopping the flow into the United States of illegal immigrants. (7) Any other subject necessary to permit the Commission to prepare the reports required under section 8. (b) Consultation.--In conducting the study, the Commission shall consult with migrant labor groups, nonprofit organizations, labor unions, pertinent business and agriculture associations and organizations, State Governors, law enforcement associations and organizations, and relevant executive branch agencies and congressional committees. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall consist of 10 members, to be appointed as follows: (1) 4 to be appointed by the President. (2) 2 to be appointed by the Speaker of the House of Representatives. (3) 1 to be appointed by the minority leader of the House of Representatives. (4) 2 to be appointed by the President pro tempore of the Senate. (5) 1 to be appointed by the minority leader of the Senate. (b) Consultations.--In making appointments under subsection (a)(1), the President shall consult with-- (1) the Attorney General in appointing 1 member; (2) the Chairman of the Federal Reserve Board in appointing 1 member; (3) the Secretary of Commerce in appointing 1 member; and (4) the Secretary of Agriculture in appointing 1 member. (c) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Chairperson.--The Chairman of the Federal Reserve Board (or the Chairman of the Federal Reserve Board's designee) shall serve as the chairperson of the Commission until such time as the members of the Commission can elect a chairperson. (f) Basic Pay.--Each member shall serve without pay. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--A majority of the members shall constitute a quorum for the transaction of business. (h) Meetings.--The Commission shall meet at the call of the chairperson. SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a director who shall be appointed by the chairperson subject to rules prescribed by the Commission. (b) Staff.--Subject to rules prescribed by the Commission, the chairperson may appoint and fix the pay of such additional personnel as the chairperson considers appropriate. (c) Applicability of Certain Civil Service Laws.--The director and staff of the Commission may be appointed without regard to title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the requirements of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (d) Experts and Consultants.--The chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (e) Staff of Federal Agencies.--Upon request of the chairperson, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out its duties. SEC. 7. POWERS. (a) Obtaining Official Data.--The chairperson may secure directly from any Federal agency information necessary to enable the Commission to carry out its duties. Upon request of the chairperson, the head of the agency shall furnish such information to the Commission to the extent such information is not prohibited from disclosure by law. (b) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (c) Administrative Support Services.--Upon the request of the chairperson, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties. (d) Contract Authority.--The chairperson may contract with and compensate government and private agencies or persons for the purpose of conducting research, surveys, and other services necessary to enable the Commission to carry out its duties. SEC. 8. REPORTS. (a) Interim Report.--Not later than 6 months after the date of the enactment of this Act, the Commission shall prepare and submit to the President and the Congress an interim report on the following: (1) The overall effectiveness of Federal immigration and labor laws and policies in-- (A) protecting jobs held by citizens and nationals of the United States, aliens who are lawfully admitted to the United States for permanent residence, aliens who are admitted as refugees or are granted asylum, and other immigrants otherwise authorized to be employed in the United States; (B) preventing exploitation of alien immigrant and nonimmigrant workers; (C) reducing the number of illegal border crossings into the United States; and (D) reducing the numbers of aliens unlawfully employed in the United States. (2) The impact of statutory numerical limitations on the entry of immigrants and nonimmigrants into the United States on the achievement of the goals described in subparagraphs (A) through (D) of paragraph (1). (3) The impact of recent measures undertaken in border areas to deter illegal border crossings on the achievement of such goals. (4) The impact of Federal alien labor laws and policies on the overall economic performance within the United States and economic performance within the following sectors: (A) Agriculture. (B) Tourism and service. (C) Construction. (D) Nursing and health care. (E) Apparel. (F) Information technology. (b) Final Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall prepare and submit to the President and the Congress a final report that contains at least the following: (1) Information that updates the findings reported in the interim report on each of the issues described in paragraphs (1) through (4) of subsection (a). (2) Recommendations for actions that the Commission considers necessary-- (A) to curb illegal border crossings into the United States; (B) to curb unlawful employment of aliens in the United States; (C) to ensure adequate protection of the workers described in subsection (a)(1)(A); and (D) to ensure a stable and steady workforce for industry in the United States. (3) The viability of expanding the agricultural guest worker program established under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) and section 218 of such Act (8 U.S.C. 1188) to any or all of the following United States industries: (A) Tourism and service. (B) Construction. (C) Nursing and health care. (D) Apparel. (E) Information technology. (4) Recommendations for any additional actions that the Commission determines would improve Federal immigration or labor laws or policies. (5) Any other related information that the Commission considers to be appropriate. SEC. 9. TERMINATION. The Commission shall terminate 6 months after the date on which the Commission submits its final report under section 8(b). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, which sums shall remain available until expended.

Immigrant Labor Policy Review Act - Establishes the High Level Commission on Immigrant Labor Policy. Directs the Commission to study the interactions between Federal immigration policy and the labor markets for aliens in the United States.Terminates the Commission six months after submission of its final report.

To establish the High Level Commission on Immigrant Labor Policy.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Montgomery GI Bill Revitalization Act of 2003''. SEC. 2. ENHANCED BENEFITS UNDER MONTGOMERY GI BILL FOR FOUR YEARS OF ACTIVE-DUTY SERVICE. (a) In General.--Chapter 30 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE ``Sec. 3041. Enhanced educational assistance entitlement ``(a) Entitlement.--An eligible individual is entitled to enhanced educational assistance under this subchapter. ``(b) Eligible Individual Defined.--For purposes of this subchapter, the term `eligible individual' means an individual who meets the service requirement described in subsection (c) and whose status after completion of such service is described in section 3011(a)(2) of this title. Such term does not include an individual described in paragraph (1) or (2) of section 3011(c) of this title. ``(c) Service Requirement.--(1) The service requirement referred to in subsection (b) is as follows: ``(A) After September 30, 2003, the individual-- ``(i) first enters on active duty; ``(ii) reenlists or extends an enlistment on active duty as a member of the Armed Forces; or ``(iii) in the case of an officer, continues to serve on active duty after that date. ``(B) From the date of such entry, reenlistment, extension, or continuation, as the case may be, the individual-- ``(i) serves a continuous period of active duty of at least four years in the Armed Forces; or ``(ii) serves on active duty in the Armed Forces and is discharged or released from active duty-- ``(I) as provided in subclause (I) of section 3011(a)(1)(A)(ii) of this title; ``(II) for the convenience of the Government, after having completed not less than 42 months of continuous active duty; or ``(III) as provided in subclause (III) of section 3011(a)(1)(A)(ii) of this title. ``(2) In determining service under paragraph (1), the following rules apply: ``(A) Any period of service described in paragraph (2) or (3) of section 3011(d) of this title that applies to an eligible individual under this section shall not be considered a part of the individual's period of active duty. ``(B) A member described in paragraph (2) of section 3011(f) of this title who serves the periods of active duty referred to in such paragraph shall be deemed to have served a continuous period of active duty the length of which is the aggregate length of the periods of active duty referred to in such paragraph. ``(C) Subsections (g) and (h) of section 3011 of this title apply with respect to an eligible individual under this section in the same manner as they apply to an individual under section 3011 of this title. ``(d) Election of Basic Educational Assistance.--(1) An eligible individual entitled to enhanced educational assistance under this subchapter may elect (in a form and manner prescribed by the Secretary) to receive basic educational assistance under subchapter II in lieu of such enhanced educational assistance for an enrollment period. Such an election shall be made not later than 30 days before the beginning of the enrollment period. ``(2) An eligible individual may revoke an election made pursuant to paragraph (1), but in no case may such revocation be made later than 30 days before the beginning of the enrollment period. ``Sec. 3042. Duration of enhanced educational assistance ``(a) In General.--Subject to section 3695 of this title and except as provided in subsection (b), each individual entitled to enhanced educational assistance under section 3041 of this title is entitled to a monthly enhanced educational assistance allowance under this subchapter for a period or periods not to exceed a total of 36 months (or the equivalent thereof in part-time enhanced educational assistance). ``(b) Special Rule for Certain Early Separations.--Subject to section 3695 of this title, in the case of an individual described in subclause (I) or (III) of section 3041(c)(1)(B)(ii) of this title who does not serve a continuous period of active duty of at least four years in the Armed Forces (as described in section 3041(c)(1)(B)(i) of this title), the individual is entitled to one month of enhanced educational assistance benefits under this subchapter (not to exceed a total of 36 months (or the equivalent thereof in part-time enhanced educational assistance)) for each month of continuous active duty served by the individual beginning with the date on which the entry on active duty, reenlistment, enlistment extension, or continuation applicable to that individual under section 3041(c)(1)(A) of this title begins. ``Sec. 3043. Payment of educational expenses ``(a) In General.--(1) Subject to paragraph (2), the Secretary shall pay to the educational institution providing a course under an approved program of education to an eligible individual under this subchapter who is enrolled in the course the actual cost of tuition and fees otherwise payable by the individual. ``(2) Such cost may not exceed the amount charged to similarly circumstanced nonveterans. ``(b) Stipend; Costs of Books and Supplies.--The Secretary shall pay to each eligible individual under this subchapter who is pursuing an approved program of education-- ``(1) a stipend as provided in section 3044 of this title; and ``(2) in accordance with regulations prescribed by the Secretary, an amount equal to the average cost of books and supplies payable by individuals pursuing courses of education at educational institutions. ``(c) Exclusion From Income for Eligibility Determinations for Federal Educational Loans.--Notwithstanding any other provision of law, amounts payable by the Secretary under this subchapter with respect to an eligible individual shall not be considered as income for purposes of determining eligibility of such individual for education grants or loans under any other provision of Federal law. ``Sec. 3044. Amount of stipend ``(a) In General.--Except as provided in section 3042 of this title, the stipend under this subchapter shall be paid at a monthly rate (as that rate may be increased pursuant to subsection (b)) as follows: ``(1) At the monthly rate of $900 for an approved program of education pursued on a full-time basis. ``(2) At the monthly rate of $700 for an approved program of education pursued on a three-quarter-time basis. ``(3) At the monthly rate of $500 for an approved program of education pursued on a half-time basis. ``(4) At the monthly rate of $300 for an approved program of education pursued on less than a half-time basis. ``(b) Adjustment for Inflation.--With respect to any fiscal year beginning after fiscal year 2004, the Secretary shall increase the rate paid under subsection (a) for the previous fiscal year by the percentage applicable under section 3015(h) of this title. ``Sec. 3045. Tutorial assistance ``An individual entitled to an enhanced educational assistance allowance under this subchapter shall be entitled to benefits provided an individual under section 3019 of this title, subject to the conditions provided in such section.''. (b) Conforming Amendments.--(1) Section 3002 of such title is amended by inserting at the end the following new paragraph: ``(9) The term `enhanced educational assistance' means educational assistance provided under subchapter V.''. (2) Section 3011 of such title is amended in subsection (f)(1) and (g) by striking ``chapter'' each place it appears and inserting ``subchapter''. (3) Section 3018A(a) of such title is amended by striking ``education assistance under this chapter'' and inserting ``educational assistance under this subchapter''. (4) Section 3018B of such title is amended by striking ``education assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (5) Section 3018C of such title is amended by striking ``educational assistance under this chapter'' each place it appears and inserting ``educational assistance under this subchapter''. (6) Section 3019 of such title is amended by striking ``chapter'' each place it appears and inserting ``subchapter''. (7) Section 3031 of such title is amended-- (A) in subsection (f), by inserting ``or 3042 of this title'' after ``section 3013'' each place it appears; and (B) in subsection (h), by inserting ``or 3031(c)(1)(B)(ii)(III)'' after ``section 3011(a)(1)(A)(ii)(III)''. (8) Section 3032(e)(3) of such title is amended by inserting ``, or section 3044(a)(1),'' after ``section 3015''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of such title is amended by adding at the end the following new items: ``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE ``3041. Enhanced educational assistance entitlement. ``3042. Duration of enhanced educational assistance. ``3043. Payment of educational expenses. ``3044. Amount of stipend. ``3045. Tutorial assistance.''. SEC. 3. REPEAL OF PAY REDUCTION, ELECTION OF BENEFITS, AND HIGH SCHOOL GRADUATION REQUIREMENT FOR PARTICIPATION IN BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL. (a) Repeal of Pay Reduction and Election of Benefits.-- (1) Active duty program.--(A) Section 3011 of title 38, United States Code, is amended-- (i) by striking subsection (b); and (ii) in subsection (c), by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (B) Section 3012 of such title is amended-- (i) by striking subsection (c); and (ii) in subsection (d), by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (2) Opportunities to withdraw election not to enroll.--(A) Section 3016(a)(1) of such title is amended by striking ``, and does not make an election under section 3011(c)(1) or section 3012(d)(1)''. (B) Sections 3018A and 3018B of such title are each amended by adding at the end the following new subsection: ``(e) Notwithstanding subsection (b), no reduction in the pay of an individual under this section shall be made for months beginning after September 30, 2003. Any obligation of such individual under subsection (b) as of such date shall be deemed to be fully satisfied as of such date.''. (C)(i) Section 3018C(e) of such title is amended-- (I) by striking paragraphs (3) and (4); and (II) by redesignating paragraph (5) as paragraph (3). (ii) Section 3018C of such title is amended by adding at the end the following new subsection: ``(f) Notwithstanding subsection (b), no reduction in the pay of an individual under this section shall be made for months beginning after September 30, 2003. Any obligation of such individual under subsection (b) as of such date shall be deemed to be fully satisfied as of such date.''. (3) Effective date.--The amendments made by this subsection shall take effect on October 1, 2003, and apply to individuals whose initial obligated period of active duty under section 3011 or 3012 of title 38, United States Code, as the case may be, begins on or after such date. (4) Termination of pay reductions in progress.--Any reduction in the basic pay of an individual referred to in subsection (b) of section 3011 of title 38, United States Code, by reason of such subsection, or of any individual referred to in subsection (c) of section 3012 of such title by reason of such subsection, shall cease commencing with months beginning after September 30, 2003, and any obligation of such individual under such subsections, as the case may be, as of such date shall be deemed to be fully satisfied as of such date. (b) Repeal of High School Graduation Requirement.-- (1) Active duty.--(A) Section 3011(a) of title 38, United States Code, is amended-- (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2). (B) Section 3012(a) of such title is amended-- (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2). (2) Opportunities to withdraw election not to enroll.--(A) Section 3018(b) of such title is amended-- (i) by inserting ``and'' at the end of paragraph (3)(C); (ii) by striking paragraph (4); and (iii) by redesignating paragraph (5) as paragraph (4). (B)(i) Section 3018A(a) of such title is amended-- (I) by striking paragraph (2); (II) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and (III) in paragraphs (3) and (4), as so redesignated, by striking ``paragraph (3) of this subsection'' and inserting ``paragraph (2)''. (ii) Section 3018A(c) of such title is amended by striking ``subsection (a)(3) of this section'' and inserting ``subsection (a)(2)''. (iii) Section 3018A(d)(1) of such title is amended by striking ``subsection (a)(4) of this subsection'' and inserting ``subsection (a)(3)''. (C)(i) Section 3018B(a)(1) of such title is amended-- (I) by striking subparagraph (B); (II) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively; and (III) in subparagraphs (C) and (D), as so redesignated, by striking ``subparagraph (C) of this paragraph'' and inserting ``subparagraph (B)''. (D)(i) Section 3018B(a)(2) of such title is amended-- (I) by striking subparagraph (B); (II) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively; (III) in subparagraph (B), as so redesignated, by striking ``paragraph (1)(C) of this subsection'' and inserting ``paragraph (1)(B)''; and (IV) in subparagraphs (C) and (D), as so redesignated, by striking ``subparagraph (C)'' and inserting ``subparagraph (B)''. (ii) Section 3018B(c) of such title is amended by striking ``subsection (a)(1)(C) or (a)(2)(C) of this section'' and inserting ``subsection (a)(1)(B) or (a)(2)(B)''. (iii) Section 3018B(d)(1) of such title is amended by striking ``subsection (a)(1)(D) or (a)(2)(D) of this section'' and inserting ``subsection (a)(1)(C) or (a)(2)(C)''. (E)(i) Section 3018C(a) of such title is amended-- (I) by striking paragraph (3); (II) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (III) in paragraph (3), as so redesignated, by striking ``paragraph (5)'' and inserting ``paragraph (4)''. (ii) Section 3018C(b)(2) of such title is amended by striking ``subsection (a)(4)'' and inserting ``subsection (a)(3)''. (iii) Section 3018C(c)(1) of such title is amended by striking ``subsection (a)(5)'' and inserting ``subsection (a)(4)''. (iv) Section 3018C(e)(1) of such title is amended by striking ``elections made under subsection (a)(5)'' and inserting ``elections made under subsection (a)(4)''. (v) Section 3018C(e)(2) of such title is amended-- (I) by striking subparagraph (C); and (II) by redesignating subparagraph (D) as subparagraph (C). (3) Effective date.--The amendments made by this subsection shall take effect on October 1, 2003, and shall apply with respect to individuals applying for basic educational assistance under chapter 30 of title 38, United States Code, on or after such date. (c) Education Outreach Services to Members of the Armed Forces.-- (1) In general.--Section 3034(e)(1) of title 38, United States Code, is amended to read as follows: ``(e)(1) Not later than one year after an individual initially enters on active duty as a member of the Armed Forces, and at such additional times as the Secretary determines appropriate, the Secretary shall furnish the individual the information described in paragraph (2).''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on October 1, 2003, and shall apply to individuals whose initial obligated period of active duty under section 3011 or 3012 of title 38, United States Code, as the case may be, begins on or after such date.

Montgomery GI Bill Revitalization Act of 2003 - Amends Federal basic educational assistance provisions (the Montgomery GI Bill) to authorize enhanced educational assistance to a member of the armed forces who, after September 30, 2003: (1) first enters on active duty; (2) reenlists or continues to serve on active duty; (3) serves a continuous period of active duty of four years; or (4) serves and is discharged or released for a service-connected disability, at the convenience of the Government (after serving at least 42 months of such duty), or due to a reduction in force. Limits to 36 months the period for such enhanced assistance. Requires the payment of educational expenses under such program. Provides: (1) a monthly stipend for approved programs of education; and (2) tutorial assistance.Repeals, with respect to such assistance: (1) a required monthly reduction in pay for individuals who do not elect to participate in such assistance program; (2) a provision authorizing individuals to elect not to receive such assistance; (3) the requirement that participants complete the requirements of a high school diploma or equivalency certificate prior to the end of their initial obligated period of service in order to be eligible to receive such assistance; and (4) provisions limiting an individual's opportunity to withdraw an election not to enroll in such assistance program.

A bill to amend title 38, United States Code, to improve benefits under the Montgomery GI Bill by establishing an enhanced educational assistance program and by repealing the requirement for reduction in pay for participation in the program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurturing And Supporting Healthy Babies Act'' or as the ``NAS Healthy Babies Act''. SEC. 2. GAO REPORT ON NEONATAL ABSTINENCE SYNDROME (NAS). (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance and the Committee on Health, Education, Labor and Pensions of the Senate a report on neonatal abstinence syndrome (in this section referred to as ``NAS'') in the United States. (b) Information To Be Included in Report.--Such report shall include information on the following: (1) The prevalence of NAS in the United States, including the proportion of children born in the United States with NAS who are eligible for medical assistance under State Medicaid programs under title XIX of the Social Security Act at birth and the costs associated with NAS through such programs. (2) The services for which coverage is available under State Medicaid programs for treatment of infants with NAS. (3) The settings (including inpatient, outpatient, hospital-based, and other settings) for the treatment of infants with NAS and the reimbursement methodologies and costs associated with such treatment in such settings. (4) The prevalence of utilization of various care settings under State Medicaid programs for treatment of infants with NAS and any Federal barriers to treating such infants under such programs, particularly in non-hospital-based settings. (5) What is known about best practices for treating infants with NAS. (c) Recommendations.--Such report also shall include such recommendations as the Comptroller General determines appropriate for improvements that will ensure access to treatment for infants with NAS under State Medicaid programs. SEC. 3. EXCLUDING ABUSE-DETERRENT FORMULATIONS OF PRESCRIPTION DRUGS FROM THE MEDICAID ADDITIONAL REBATE REQUIREMENT FOR NEW FORMULATIONS OF PRESCRIPTION DRUGS. (a) In General.--The last sentence of section 1927(c)(2)(C) of the Social Security Act (42 U.S.C. 1396r-8(c)(2)(C)) is amended by inserting before the period at the end the following: ``, but does not include an abuse-deterrent formulation of the drug (as determined by the Secretary), regardless of whether such abuse-deterrent formulation is an extended release formulation''. (b) Effective Date.--The amendment made by subsection (a) shall apply to drugs that are paid for by a State in calendar quarters beginning on or after the date of the enactment of this Act. SEC. 4. LIMITING DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND ABUSE. (a) In General.--Title XI of the Social Security Act is amended by inserting after section 1128J (42 U.S.C. 1320a-7k) the following new section: ``SEC. 1128K. DISCLOSURE OF PREDICTIVE MODELING AND OTHER ANALYTICS TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, FRAUD, AND ABUSE. ``(a) Reference to Predictive Modeling Technologies Requirements.-- For provisions relating to the use of predictive modeling and other analytics technologies to identify and prevent waste, fraud, and abuse with respect to the Medicare program under title XVIII, the Medicaid program under title XIX, and the Children's Health Insurance Program under title XXI, see section 4241 of the Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m). ``(b) Limiting Disclosure of Predictive Modeling Technologies.--In implementing such provisions under such section 4241 with respect to covered algorithms (as defined in subsection (c)), the following shall apply: ``(1) Nonapplication of foia.--The covered algorithms used or developed for purposes of such section (including by the Secretary or a State (or an entity operating under a contract with a State)) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. ``(2) Limitation with respect to use and disclosure of information by state agencies.-- ``(A) In general.--A State agency may not use or disclose covered algorithms used or developed for purposes of such section except for purposes of administering the State plan (or a waiver of the plan) under the Medicaid program under title XIX or the State child health plan (or a waiver of the plan) under the Children's Health Insurance Program under title XXI, including by enabling an entity operating under a contract with a State to assist the State to identify or prevent waste, fraud, and abuse with respect to such programs. ``(B) Information security.--A State agency shall have in effect data security and control policies that the Secretary finds adequate to ensure the security of covered algorithms used or developed for purposes of such section 4241 and to ensure that access to such information is restricted to authorized persons for purposes of authorized uses and disclosures described in subparagraph (A). ``(C) Procedural requirements.--State agencies to which information is disclosed pursuant to such section 4241 shall adhere to uniform procedures established by the Secretary. ``(c) Covered Algorithm Defined.--In this section, the term `covered algorithm'-- ``(1) means a predictive modeling or other analytics technology, as used for purposes of section 4241(a) of the Small Business Jobs Act of 2010 (42 U.S.C. 1320a-7m(a)) to identify and prevent waste, fraud, and abuse with respect to the Medicare program under title XVIII, the Medicaid program under title XIX, and the Children's Health Insurance Program under title XXI; and ``(2) includes the mathematical expressions utilized in the application of such technology and the means by which such technology is developed.''. (b) Conforming Amendments.-- (1) Medicaid state plan requirement.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (A) in paragraph (80), by striking ``and'' at the end; (B) in paragraph (81), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (81) the following new paragraph: ``(82) provide that the State agency responsible for administering the State plan under this title provides assurances to the Secretary that the State agency is in compliance with subparagraphs (A), (B), and (C) of section 1128K(b)(2).''. (2) State child health plan requirement.--Section 2102(a)(7) of the Social Security Act (42 U.S.C. 1397bb(a)(7)) is amended-- (A) in subparagraph (A), by striking ``, and'' at the end and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) to ensure that the State agency involved is in compliance with subparagraphs (A), (B), and (C) of section 1128K(b)(2).''. SEC. 5. MEDICAID IMPROVEMENT FUND. Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w- 1(b)(1)) is amended to read as follows: ``(1) In general.--There shall be available to the Fund, for expenditures from the Fund for fiscal year 2021 and thereafter, $5,000,000.''. Passed the House of Representatives May 11, 2016. Attest: KAREN L. HAAS, Clerk.

Nurturing and Supporting Healthy Babies Act or the NAS Healthy Babies Act (Sec. 2) This bill requires the Government Accountability Office (GAO) to report on neonatal abstinence syndrome (NAS), which results from a newborn's exposure to addictive opiate drugs while in the mother's womb. Specifically, the GAO shall report on: the prevalence of NAS, NAS treatment services for which coverage is available under state Medicaid programs, the settings and associated reimbursement methodologies for NAS treatment, the prevalence of utilization of various care settings under state Medicaid programs for NAS treatment, any federal barriers to treating infants with NAS under state Medicaid programs, and best practices for treating infants with NAS. The GAO shall also report on its recommendations for improvements that will ensure access to NAS treatment under state Medicaid programs. (Sec. 3) The bill amends title XIX (Medicaid) of the Social Security Act to exclude abuse-deterrent formulations of prescription drugs from the requirement that manufacturers of single-source or innovator drugs pay additional rebates to state Medicaid programs. (Sec. 4) Under current law, the Centers for Medicare & Medicaid Services (CMS) must use predictive modeling and other analytic technologies to identify improper Medicaid claims. The bill prohibits a state agency from using or disclosing such technologies except for purposes of administering a state Medicaid program or Children's Health Insurance Program. A state agency shall have in effect adequate data security and control policies to ensure that access to such information is restricted to authorized persons for authorized uses. (Sec. 5) The bill places $5 million in the Medicaid Improvement Fund to be available beginning in FY2021.

NAS Healthy Babies Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ballistic Missile Defense Act of 1996''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Short-range theater ballistic missiles threaten United States Armed Forces wherever engaged abroad. Therefore, the expeditious deployment of theater missile defenses to intercept ballistic missiles at greater ranges and higher altitudes is the highest priority among all ballistic missile defense programs. (2) The United States is developing defensive systems to protect the United States against the threat of limited ballistic missile attacks. Ground-based defensive systems are attainable, compliant with the ABM Treaty, more affordable than spaced-based interceptors or space-based lasers, and can protect all of the United States from limited ballistic missile attack. (3) Defending against ballistic missile attacks upon our national territory requires not only missile defenses but arms control agreements and nonproliferation measures that lower the threat and curb the spread of ballistic missile technology. (4) The massive retaliatory capability of the United States deterred the Soviet Union, and any other nation, from launching an attack by intercontinental ballistic missiles throughout the Cold War. The Nuclear Posture Review conducted by the Department of Defense affirms the effectiveness of deterrence now and into the future. While the threat of intentional attack upon the United States has receded, the risk of an accidental or unauthorized attack by Russia or China remains but is remote. (5) United States arms control agreements (notably the START I Treaty and the START II Treaty, once implemented) will lower the threat to the United States from large-scale nuclear attack. The START I Treaty, when fully implemented, will reduce deployed warheads by over 40 percent below 1990 levels. By the end of 1996, only Russia, among the states of the former Soviet Union, will deploy nuclear weapons. The START II Treaty, if implemented, will reduce warheads deployed in Russia by 66 percent below their levels before the Start I Treaty. (6) As strategic offensive weapons are reduced, the efficacy and affordability of defensive systems increases, raising the possibility of deterrence based upon effective defenses rather than deterrence based solely upon threat of massive retaliation. (7) Countries hostile to the United States (such as Iraq, Iran, North Korea, and Libya) have manifested an interest in developing ballistic missiles capable of reaching the United States. These countries may accelerate the development of long- range missiles if they receive external support, but in the absence of outside assistance, newly emerging threats may take as long as 15 years to mature, according to recent intelligence estimates. (8) The Nuclear Non-Proliferation Treaty, the Missile Technology Control Regime, the Biological and Chemical Weapons Convention, and continuing United States efforts to enforce export controls will prevent or delay external assistance needed by those countries to develop intercontinental ballistic missiles and weapons of mass destruction. (9) The ABM Treaty has added to strategic stability by restraining the requirement on both sides for strategic weapons. At the summit in May 1995, the President of the United States and the President of Russia each reaffirmed his country's commitment to the ABM Treaty. (10) Abrogating the ABM Treaty to deploy a noncompliant system will not add to strategic stability if it impedes implementation of the START I or START II Treaty. Without the removal of strategic weapons scheduled by both treaties, the consequences and risks of unauthorized or accidental launches will remain undiminished, as will the potential threat of a large-scale attack capable of overwhelming any defenses deployed. (11) If the nuclear arsenal of the United States must be maintained at START I levels, significant unbudgeted costs will be incurred, encroaching on funds for ballistic missile defenses and other defense requirements. (12) Should arms control, nonproliferation efforts, and deterrence fail, the United States must be able to defend itself against limited ballistic missile attack. (13) Missile defense systems consistent with the ABM Treaty are capable of defending against limited ballistic missile attack. Should a national missile defense system require modification of the ABM Treaty, the treaty establishes the means for the parties to amend the treaty, which the parties have used in the past. SEC. 3. NATIONAL MISSILE DEFENSE POLICY. (a) In General.--It is the policy of the United States to develop by the year 2000 a National Missile Defense System that can be deployed in 2003. (b) Capability of System.--The National Missile Defense System to be developed pursuant to subsection (a) shall be capable, when deployed, of providing a highly effective defense of the United States against limited ballistic missile attacks. (c) Testing Before Deployment.--The system developed pursuant to subsection (a) shall be rigorously tested during development. (d) Improvements.--If a decision to deploy the system developed pursuant to subsection (a) is not made by the end of the year 2000, the Secretary of Defense shall ensure that the system is improved by incorporation of evolving technology to increase effectiveness and reduce costs of a subsequent deployment, and that rigorous testing continues. SEC. 4. BALLISTIC MISSILE DEFENSE PRIORITIES. The following, in the order listed, shall be the policy of the United States with respect to the priority for development and deployment of ballistic missile defense programs: (1) First, maintaining the operational readiness of the Armed Forces, including a good quality of life for servicemembers and their families, and modernization of weapons systems to ensure mission effectiveness in the future. (2) Second, as part of such modernization, completing the development and deployment of essential theater missile defense (TMD) systems as soon as practicable. (3) Third, developing by the year 2000 for deployment in the year 2003 the system referred to in section 3 and section 5(b) and developing for deployment as soon as practicable the space-based sensors described in section 5(c). SEC. 5. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE. (a) Requirement for National Missile Defense Program.--To implement the policy established in section 3, the Secretary of Defense shall initiate a National Missile Defense Program, which shall position the United States, by the end of the year 2000, to be capable of deploying a National Missile Defense system, as described in section 3(b), within three years. (b) Elements of the NMD Program.--The National Missile Defense Program shall include the following elements: (1) A ground-based interceptor system that provides coverage of the continental United States (including Alaska) and Hawaii. (2) Fixed ground-based radars. (3) Space-based sensors. (4) Battle management, command, control and communications (BM/C<SUP>3). SEC. 6. IMPLEMENTATION OF NMD PROGRAM. The Secretary of Defense shall-- (1) initiate plans and actions necessary to meet the deployment readiness goals specified in section 5(a); (2) conduct rigorous integrated system testing using elements representative of the National Missile Defense architecture referred to in section 5(b); (3) prescribe and use streamlined acquisition policies and procedures, in accordance with existing law, to reduce the cost and increase the efficiency of developing the system referred to in section 5(b); and (4) develop technologies that have the potential of improving the National Missile Defense system prescribed in section 5(b). SEC. 7. REPORTING REQUIREMENT. Not later than March 15, 1997, the Secretary of Defense shall submit to Congress a report on the Secretary's plan for the National Missile Defense Program required by this Act. The report shall include the following matters: (1) The Secretary's plan for carrying out this Act, including-- (A) a detailed description of the system architecture selected for development under section 5(b); and (B) a justification of the architecture selected and reasons for the rejection of the other candidate architectures. (2) The Secretary's estimate of the amount of appropriations required for research, development, test, evaluation, and for procurement, for each of fiscal years 1997 through 2003 in order to achieve an initial operational capability in 2003. (3) A description of promising technologies to be pursued in accordance with the requirements of section 6(4). (4) A determination of the point at which any activity that is required to be carried out under this Act would conflict with the terms of the ABM Treaty, together with a description of any such activity, the legal basis for the Secretary's determination, and an estimate of the time at which such point would be reached in order to meet an initial operating capability in the year 2003. SEC. 8. POLICY REGARDING REDUCTION OF THE THREAT TO THE UNITED STATES FROM WEAPONS OF MASS DESTRUCTION. (a) Measures To Address Threats From Weapons of Mass Destruction.-- In order to defend against weapons of mass destruction by preventing the spread of fissile materials and other components of weapons of mass destruction, the President shall-- (1) enhance efforts, both unilaterally and in cooperation with other nations, to prevent terrorist organizations from obtaining and using weapons of mass destruction; (2) expedite United States efforts to assist the Governments of the Russian Federation, Ukraine, Belarus, and Kazakhstan, as appropriate, in improving the safety, security, and accountability of fissile materials and nuclear warheads; (3) undertake additional steps to prevent weapons of mass destruction and their components from being smuggled into the United States, through the use of improved security devices at United States ports of entry, increased numbers of Border Patrol agents, increased monitoring of international borders, and other appropriate measures; (4) seek the widest possible international adherence to the Missile Technology Control Regime and pursue to the fullest other export control measures intended to deter and counter the spread of weapons of mass destruction and their components; and (5) enhance conventional weapons systems to ensure that the United States possesses effective deterrent and counterforce capabilities against weapons of mass destruction and their delivery systems. (b) Measures To Address Threats From ICBMs.--In order to reduce the threat to the United States from weapons of mass destruction delivered by intercontinental ballistic missiles, including accidental or unauthorized launches, the President shall-- (1) urge the Government and Parliament of the Russian Federation to ratify the START II Treaty as soon as possible, permitting its expeditious entry into force; (2) pursue with the Government of the Russian Federation, after START II entry-into-force, a symmetrical program of early deactivation of strategic forces to be eliminated under START II; and (3) work jointly with countries possessing intercontinental ballistic missiles to improve command and control technology and operations to the maximum extent practicable. (c) Department of Defense Program.--Consistent with, and in order to compelement, the steps to be taken by the President under subsection (a)(3), the Secretary of Defense shall carry out a program to enhance the capabilities of the United States relating to the threat to the United States of a chemical or biological weapons attack inside the United States by unconventional means. In carrying out such program, the Secretary shall take into consideration the assessments and recommendations of the task force established under subsection (d). The activities to be carried out by the Secretary under the program shall include the following: (1) Research, development, test, and evaluation of technologies relating to any of the following: (A) Detection of chemical or biological weapons. (B) Interception of such weapons. (C) Protection against such weapons. (D) Response to an attack inside the United States using such weapons. (E) Decontamination of areas affected by an attack using such weapons. (2) Training of personnel for the activities specified in subparagraphs (A) through (E) of paragraph (1). (3) Identification of Federal equipment and technologies that can be transferred from one Federal agency to another agency or to State and local agencies consistent with the purposes of the program under this subsection. (d) Interagency Task Force.--(1) There is hereby established in the executive branch an interagency task force to assess, and make recommendations concerning, the capabilities of the United States relating to the threat of a chemical or biological weapons attack inside the United States by unconventional means. (2) The task force shall on an ongoing basis assess the current state of the United States with respect to each of the following and shall identify and recommend potential improvements: (A) The nature of the threat to the United States of a chemical or biological weapons attack inside the United States by unconventional means. (B) Capabilities related to detection and interception of such weapons or the possibility of such an attack. (C) Capabilities related to protection against the effects of such an attack. (D) Capabilities related to preparedness for, and response to, such an attack. (E) Capabilities related to decontamination following such an attack. (F) Public education concerning the dangers of such an attack and the appropriate response to such an attack. (3) Membership of the task force shall include representatives of the following departments and agencies: (A) The Department of Defense. (B) The Central Intelligence Agency, but only with respect to assessment of the nature of the threat. (C) The Department of Justice, including the Federal Bureau of Investigation and the Immigration and Naturalization Service. (D) The Federal Emergency Management Agency. (E) The Department of the Treasury, including the Customs Service and the Bureau of Alcohol, Tobacco, and Firearms. (F) The Department of Health and Human Services, including the Centers for Disease Control. (4) In carrying out its activities, the task force shall consult regularly with, and shall seek the views of, representatives of-- (A) State and local government law enforcement authorities; and (B) State and local government emergency planning authorities. (5) Administrative support for the task force shall be provided by the Secretary of Defense. (e) Annual Report.--The President shall submit to Congress an annual report on actions by the United States to comply with the provisions of this section. The first such report shall be submitted not later than 180 days after the date of the enactment of this Act. SEC. 9. POLICY REGARDING THE ABM TREATY. (a) In General.--The President shall-- (1) carry out the policies, programs, and requirements of this Act in a manner consistent with the ABM Treaty or through processes specified within the ABM Treaty; (2) at an appropriate time, seek amendments to the ABM Treaty, as provided in Articles XIII and XIV of the Treaty, if such amendments are required to deploy the National Missile Defense system prescribed in section 5; and (3) treat any negotiated amendment to the ABM Treaty as having entered into force only if such amendment is made in the same manner as a treaty (including the requirement that ratification by the United States is subject to the advice and consent of the Senate). (b) Modifications Restricting TMD Systems.--The United States shall not be bound by any amendment or other substantive modification to the ABM treaty that restricts theater ballistic missile defense systems unless-- (1) that system is actually flight-tested against a ballistic missile that exceeds (A) a range of 3,500 kilometers, or (B) a velocity of 5 kilometers per second; or (2) the agreement for such modification is made pursuant to the requirements of section 235 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 231). SEC. 10. ABM TREATY DEFINED. For purposes of this Act, the term ``ABM Treaty'' means the Treaty between the United States and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, signed at Moscow on May 26, 1972, and includes Protocols to that Treaty signed at Moscow on July 3, 1974, and all Agreed Statements and amendments to such Treaty in effect.

Ballistic Missile Defense Act of 1996 - Declares that it is U.S. policy to develop by the year 2000 a National Missile Defense System (System) that: (1) can be deployed in 2003; (2) shall be capable of providing a highly effective defense of the United States against limited ballistic missile attacks; and (3) shall be rigorously tested during development. Sets forth, in the following order, U.S. policy regarding the priority for the development and deployment of ballistic missile defense programs: (1) maintaining the operational readiness of the armed forces and modernization of weapon systems to ensure mission effectiveness in the future; (2) completing the development and deployment of essential theater missile defense systems; and (3) developing the System by the year 2000 for deployment in the year 2003 and developing space-based sensors. Directs the Secretary, in order to implement that policy, to initiate a National Missile Defense Program which shall include: (1) a ground-based interceptor system that provides coverage of the continental United States (including Alaska) and Hawaii; (2) fixed ground-based radars; (3) space-based sensors; and (4) battle management, command, control, and communications. Specifies Program implementing and reporting requirements. Requires the President to take specified actions to: (1) defend against weapons of mass destruction by preventing the spread of fissile materials and other components; (2) reduce the threat to the United States from such weapons delivered by intercontinental ballistic missiles (including by urging Russia to ratify the START II Treaty); and (3) carry out a program to enhance U.S. capabilities relating to the threat to the United States of a chemical or biological weapons attack inside the United States by unconventional means (establishes in the executive branch an interagency task force to assess and make recommendations concerning such capabilities). Requires the President to: (1) carry out requirements of this Act in a manner consistent with the ABM Treaty; (2) seek Treaty amendments necessary to deploy the System; and (3) treat any negotiated Treaty amendment as having entered into force only if it is made in the same manner as a treaty. Specifies conditions to be satisfied in order for Treaty modifications restricting theater ballistic missile defense systems to be binding on the United States.

Ballistic Missile Defense Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead Exposure Reduction Amendments Act of 2012''. SEC. 2. DEFINITIONS. Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately; (B) in the first sentence, by striking ``The term'' and inserting the following: ``(A) In general.--The term''; (C) by striking ``Such term includes--'' and inserting the following: ``(B) Inclusions.--The term `abatement' includes-- ''; and (D) by adding at the end the following: ``(C) Exclusions.--The term `abatement' does not include any renovation, remodeling, landscaping, or other activity-- ``(i) the primary purpose of which is to repair, restore, or remodel a structure or dwelling; and ``(ii) that incidentally results in a reduction or elimination of lead-based paint hazards.''; (2) by redesignating paragraphs (4) through (12) and paragraphs (13) through (17) as paragraphs (5) through (13) and paragraphs (15) through (19), respectively; (3) by inserting after paragraph (3) the following: ``(4) Emergency renovation.--The term `emergency renovation' means a renovation, replacement, or repair activity that-- ``(A) was not planned; and ``(B) results from a sudden, unexpected event that, if not immediately attended to-- ``(i) presents a risk to the public health or safety; or ``(ii) threatens to cause significant damage to equipment or property.''; (4) by striking paragraph (10) (as redesignated by paragraph (2)) and inserting the following: ``(10) Lead-based paint.--The term `lead-based paint' means paint or other surface coatings that contain lead-- ``(A) in excess of-- ``(i) 1.0 milligrams per centimeter squared; or ``(ii) 0.5 percent by weight; or ``(B) in the case of paint or other surface coatings on target housing, the lower level established by the Secretary of Housing and Urban Development under section 302(c) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.).''; (5) by inserting after paragraph (13) (as redesignated by paragraph (2)) the following: ``(14) Post-abatement clearance testing.--The term `post- abatement clearance testing' means a test that-- ``(A) is carried out on the completion of any lead- based paint activity to ensure that-- ``(i) the reduction is complete; and ``(ii) no lead-contaminated dust hazards remain in the dwelling unit or worksite; and ``(B) includes a visual assessment and the collection and analysis of environmental samples from the dwelling or worksite.''; and (6) by adding at the end the following: ``(20) Test kit.--The term `test kit' means a chemical test that has the ability to determine the presence of lead in a paint chip, paint powder, or painted surface at a level that is equal to or in excess of-- ``(A) 1.0 milligrams per centimeter squared; or ``(B) 0.5 percent by weight.''. SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION. Section 402(c) of the Toxic Substances Control Act (15 U.S.C. 2682(c)) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Study of certification.-- ``(A) In general.--Prior to proposing any new regulation applicable to target housing or public or commercial buildings constructed before 1978, the Administrator shall conduct a study of the extent to which persons engaged in various types of renovation and remodeling activities in the target housing or public or commercial buildings constructed before 1978-- ``(i) are exposed to lead in the conduct of those activities; or ``(ii) disturb lead and create a lead-based paint hazard on a regular or occasional basis. ``(B) Completion.--The Administrator shall complete each study under subparagraph (A) and publish the results of that study not later than 1 year prior to proposing any new regulation applicable to a structure or dwelling described in subparagraph (A).''; (2) in paragraph (3)-- (A) in the first sentence, by striking ``Within 4 years'' and inserting the following: ``(A) In general.--Not later than 4 years''; (B) in the second sentence, by striking ``In determining'' and inserting the following: ``(B) Use of study.--In determining''; (C) in the third sentence, by striking ``If the Administrator'' and inserting the following: ``(C) Determination of administrator.--If the Administrator''; and (D) by adding at the end the following: ``(D) Exemption.--An emergency renovation shall be exempt from any regulation promulgated by the Administrator under this paragraph. ``(E) Prohibition on post-abatement clearance requirement.--No regulation promulgated by the Administrator under this paragraph shall require post- abatement clearance testing.''; and (3) by adding at the end the following: ``(4) Target housing owners.-- ``(A) In general.--Not later than 60 days after the date of enactment of this paragraph and subject to subparagraph (B), in promulgating any regulation relating to renovation or remodeling activities in target housing in which the owner resides, the Administrator shall include a provision that permits the owner to authorize the renovation or remodeling contractor to forego compliance with that regulation. ``(B) Restriction.--The Administrator shall only permit an owner of target housing to forgo compliance with a regulation under this paragraph if-- ``(i) no pregnant woman or child under the age of 6 resides in the target housing as of the date on which the renovation or remodeling commences; and ``(ii) the owner submits to the renovation or remodeling contractor written certification that-- ``(I) the renovation or remodeling project is to be carried out at the target housing of the owner; ``(II) no pregnant woman or child under the age of 6 resides in the target housing as of the date on which the renovation or remodeling commences; and ``(III) the owner acknowledges that, in carrying out the project, the renovation or remodeling contractor will be exempt from employing the work practices required by a regulation promulgated under this subsection. ``(C) Limitation of contractor liability.--A contractor that receives written certification described in subparagraph (B)(ii) shall be exempt from liability resulting from any misrepresentation of the owner of the target housing. ``(5) Test kits.-- ``(A) In general.--In making a certification determination under this subsection, the Administrator shall allow contractors to use commercially available lead-based paint test kits that comply with the positive and negative response criteria established by the Administrator. ``(B) Test kit approval.-- ``(i) In general.--The Administrator shall establish a process by which the Administrator shall identify and approve a test kit that-- ``(I) meets the criteria described in subparagraph (A); ``(II) is inexpensively and commercially available; ``(III) does not require special training to use the test kit; and ``(IV) enables users to determine the presence of lead at the job site in accordance with the criteria described in subparagraph (A) without the need for off-site laboratory analysis. ``(ii) Suspension of regulations.-- ``(I) In general.--If the Administrator is unable to determine that 1 or more test kits under clause (i) exists, the Administrator shall suspend the implementation of any applicable regulation under this subsection relating to renovation or remodeling, except for owners described in paragraph (4)(B), until the date on which the Administrator-- ``(aa) identifies and approves 1 or more test kits under clause (i); and ``(bb) publishes in the Federal Register notice of that identification and approval. ``(II) Duration.--The Administrator shall remove the suspension under this clause not earlier than 45 days after the date on which notification of the identification and approval of the test kit is published in the Federal Register in accordance with subclause (I)(bb). ``(III) Applicability.--This clause shall-- ``(aa) only apply to regulations that permit an owner of target housing to authorize a renovation or remodeling contractor to forego compliance with the regulation; and ``(bb) not affect any other regulation issued under this subsection. ``(6) Applicability of certain penalties.--Any regulation promulgated by the Administrator under this section requiring the submission of documentation to the Administrator shall provide-- ``(A) an exemption from penalty for a person who-- ``(i) is submitting the required documentation for the first time; and ``(ii) submits documentation that contains de minimus or typographical errors, as determined by the Administrator; and ``(B) a process by which a person described in subparagraph (A) may resubmit the required documentation. ``(7) Accreditation of recertification courses.--Subsection (a)(2)(D) shall not apply to any certified renovator recertification course that is accredited by the Environmental Protection Agency.''.

Lead Exposure Reduction Amendments Act of 2012 - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "abatement" any renovation, remodeling, landscaping, or other activity: (1) the primary purpose of which is to repair, restore, or remodel a structure or dwelling; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards. Removes from the definition of "lead-based paint" lead levels that may be established by the Administrator of the Environmental Protection Agency (EPA) for paint or surface coating that are not otherwise specified in such definition. Requires the Administrator to: (1) conduct a lead-based paint certification study prior to proposing any new regulation applicable to target housing or public or commercial buildings constructed before 1978; and (2) complete and publish such study no later than a year prior to proposing any new regulation applicable to such structure or dwelling. Exempts from such regulations emergency renovations that result from a sudden, unexpected event that presents a risk to the public health or safety or threatens to cause significant damage to equipment or property if not attended to immediately. Prohibits such regulation from requiring post-abatement clearance testing. Requires the Administrator, in promulgating regulations relating to renovation or remodeling activities in target housing in which the owner resides, to include a provision that permits the owner to authorize the renovation or remodeling contractor to forego compliance with such regulation if: (1) no pregnant woman or child under the age of six resides in such housing; and (2) the owner certifies that the renovation or remodeling project is to be carried out at the target housing of the owner, that no such woman or child resides in such housing, and that such contractor will be exempt from employing the work practices required by such regulation. Exempts contractors from liability resulting from any misrepresentation of the owner of the target housing. Requires the Administrator to: (1) establish a process by which the Administrator shall identify and approve a commercially available lead-based paint test kit that is inexpensive, does not require special training, and enables users to determine the presence of lead at the job site; and (2) suspend implementation of such regulation relating to renovation and remodeling until the Administrator identifies and approves one or more test kits that meet such criteria.

A bill to amend the Toxic Substance Control Act relating to lead-based paint renovation and remodeling activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Computer Crime Enforcement Act''. SEC. 2. STATE GRANT PROGRAM FOR TRAINING AND PROSECUTION OF COMPUTER CRIMES. (a) In General.--Subject to the availability of amounts provided in advance in appropriations Acts, the Office of Justice Programs shall make a grant to each State, which shall be used by the State, in conjunction with units of local government, State and local courts, other States, or combinations thereof, to-- (1) assist State and local law enforcement in enforcing State and local criminal laws relating to computer crime; (2) assist State and local law enforcement in educating the public to prevent and identify computer crime; (3) assist in educating and training State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime; (4) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and (5) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multijurisdictional task forces. (b) Use of Grant Amounts.--Grants under this section may be used to establish and develop programs to-- (1) assist State and local law enforcement in enforcing State and local criminal laws relating to computer crime; (2) assist State and local law enforcement in educating the public to prevent and identify computer crime; (3) educate and train State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime; (4) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and (5) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multijurisdictional task forces. (c) Assurances.--To be eligible to receive a grant under this section, a State shall provide assurances to the Attorney General that the State-- (1) has in effect laws that penalize computer crime, such as penal laws prohibiting-- (A) fraudulent schemes executed by means of a computer system or network; (B) the unlawful damaging, destroying, altering, deleting, removing of computer software, or data contained in a computer, computer system, computer program, or computer network; or (C) the unlawful interference with the operation of or denial of access to a computer, computer program, computer system, or computer network; (2) an assessment of the State and local resource needs, including criminal justice resources being devoted to the investigation and enforcement of computer crime laws; and (3) a plan for coordinating the programs funded under this section with other federally funded technical assistant and training programs, including directly funded local programs such as the Local Law Enforcement Block Grant program (described under the heading ``Violent Crime Reduction Programs, State and Local Law Enforcement Assistance'' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105- 119)). (d) Matching Funds.--The Federal share of a grant received under this section may not exceed 90 percent of the costs of a program or proposal funded under this section unless the Attorney General waives, wholly or in part, the requirements of this subsection. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2000 through 2003. (2) Limitations.--Of the amount made available to carry out this section in any fiscal year not more than 3 percent may be used by the Attorney General for salaries and administrative expenses. (3) Minimum amount.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands each shall be allocated 0.25 percent. (f) Grants to Indian Tribes.--Notwithstanding any other provision of this section, the Attorney General may use amounts made available under this section to make grants to Indian tribes for use in accordance with this section.

Computer Crime Enforcement Act - Directs the Office of Justice Programs to make a grant to each State, subject to the availability of appropriations, which shall be used to: (1) assist State and local law enforcement agencies in enforcing State and local criminal laws relating, and in educating the public to prevent and identify, computer crime; (2) assist in educating and training State and local law enforcement officers and prosecutors to conduct investigations and forensic analyses of evidence and prosecutions of computer crime; (3) assist State and local law enforcement officers and prosecutors in acquiring computer and other equipment to conduct investigations and forensic analysis of evidence of computer crimes; and (4) facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer crimes with State and local law enforcement officers and prosecutors, including the use of multi-jurisdictional task forces. Requires a State, to be eligible to receive a grant, to provide assurances to the Attorney General that the State has: (1) in effect laws that penalize computer crime; (2) made an assessment of the State and local resource needs; and (3) a plan for coordinating the programs funded under this Act with other federally funded technical assistant and training programs. Sets the Federal cost share at up to 90 percent, subject to a waiver. Authorizes appropriations. Authorizes the Attorney General to use amounts made available under this Act for grants to Indian tribes.

Computer Crime Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spearfish Canyon and Bismarck Lake Land Exchange Act''. SEC. 2. DEFINITIONS. In this Act: (1) Federal land.--The term ``Federal land'' means-- (A) the approximately 1,468 acres of land (including any improvements to the land) in the Forest that is-- (i) known as the ``Spearfish Canyon Area''; and (ii) generally depicted on the map described in paragraph (3)(A); and (B) the approximately 524 acres of land (including any improvements to the land) in the Forest that is-- (i) known as the ``Bismarck Lake Area''; and (ii) generally depicted on the map described in paragraph (3)(B). (2) Forest.--The term ``Forest'' means the Black Hills National Forest in the State. (3) Maps.--The term ``Maps'' means each of-- (A) the map entitled ``Spearfish Canyon Area Federal Land'' and dated June 8, 2016; (B) the map entitled ``Bismarck Lake Area Federal Land'' and dated June 8, 2016; (C) the map entitled ``Lyman County Non-Federal Land'' and dated June 8, 2016; (D) the map entitled ``Pennington County Non- Federal Land'' and dated June 8, 2016; and (E) the map entitled ``Lawrence County Non-Federal Land'' and dated June 8, 2016. (4) Non-federal land.--The term ``non-Federal land'' means the 4 parcels of land, comprising approximately 1,954 acres, as depicted on the maps described in subparagraphs (C), (D), and (E) of paragraph (3). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (6) State.--The term ``State'' means the State of South Dakota. SEC. 3. LAND EXCHANGE, BLACK HILLS NATIONAL FOREST, SOUTH DAKOTA. (a) Land Exchange Required.--If the State conveys to the Secretary all right, title, and interest of the State in and to the non-Federal land, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Appraisals.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary and the State shall select an appraiser to conduct appraisals of the Federal land and non- Federal land. (2) Requirements.-- (A) In general.--Except as provided in subparagraph (B), an appraisal required under this subsection shall be conducted in accordance with nationally recognized appraisal standards, including-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (B) Agricultural value.--The value of the Federal land and non-Federal land shall be determined based on the agricultural value of the Federal land and non- Federal land to be exchanged. (c) Equal Value Exchange.-- (1) In general.--The value of the Federal land and non- Federal land to be exchanged under subsection (a) shall-- (A) be equal; or (B) be equalized in accordance with this subsection. (2) Surplus of federal land.--If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land, the State shall-- (A) convey additional non-Federal land in the State to the Secretary, consistent with the requirements of this Act; (B) make a cash payment to the Secretary; or (C) use a combination of the methods described in subparagraphs (A) and (B), as agreed to by the Secretary and the State. (3) Surplus of non-federal land.--If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land, parcels of the non-Federal land may be excluded from the exchange in sufficient quantity to result in an equal value exchange. (d) Survey; Administrative Costs.-- (1) In general.--The exact acreage and legal description of the land to be exchanged under subsection (a) shall be determined by a survey satisfactory to the Secretary. (2) Costs.--The costs of the survey and any administrative costs relating to the land exchange shall be paid by the State. (e) NEPA Compliance.-- (1) Deadline for completion.--Not later than 1 year after the date on which the State offers to convey the non-Federal land to the Secretary under subsection (a), the Secretary shall complete any environmental analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the land exchange carried out under this section. (2) Costs.--The costs of any environmental analysis under this subsection shall be paid by the Secretary. (f) Additional Terms and Conditions.--The land exchange under subsection (a) shall be subject to any additional terms and conditions that the Secretary and the State may agree on. SEC. 4. MANAGEMENT OF NON-FEDERAL AND FEDERAL LAND. (a) In General.--The non-Federal land acquired by the Secretary under section 3 shall be-- (1) added to, and administered as part of, the Forest; and (2) managed in accordance with the laws (including regulations) applicable to the National Forest System. (b) Grazing on Non-Federal Land.--If the non-Federal land exchanged under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of acquisition of the non-Federal land, the Secretary shall allow the grazing to continue subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements. (c) Condition on Use of Federal Land.--As a condition of the land exchange under this Act, the Federal land acquired by the State under section 3 shall be managed by the State for public recreation uses and the conservation of natural resources. SEC. 5. MAPS. (a) Availability.--The Maps shall be on file and available for public inspection in the Office of the Forest Supervisor of the Forest. (b) Corrections.--With the agreement of the State, the Secretary may make technical corrections to the Maps and legal descriptions of the Federal land and non-Federal land to be exchanged under this section.

Spearfish Canyon and Bismarck Lake Land Exchange Act This bill directs the Department of Agriculture (USDA), if South Dakota conveys to it four parcels of specified nonfederal lands, comprising 1,954 acres, to convey to South Dakota in exchange 1,468 acres known as the "Spearfish Canyon Area" and 524 acres known as the "Bismarck Lake Area" in the Black Hills National Forest in South Dakota. The values of the federal and nonfederal lands to be exchanged shall be equal. USDA shall complete any environmental analyses required under the National Environmental Policy Act of 1969 regarding the land exchange carried out under this bill. The nonfederal lands acquired by USDA shall be added to and administered as part of the forest. The federal lands acquired by South Dakota shall be managed by it for public recreation uses and the conservation of natural resources.

Spearfish Canyon and Bismarck Lake Land Exchange Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Reform Act of 2010'' or the ``Not Too Small to Succeed in Business Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) Small businesses are a vital part of the economy of the United States. (2) The 26,800,000 small businesses in the United States account for more than 99.7 percent of all employer firms. (3) Small businesses employ just over half of all private sector employees. (4) Four million one-hundred thousand small businesses owned by individuals who are members of economically disadvantaged groups generate approximately $694,000,000,000 in revenues and employ approximately 4,800,000 individuals each year. (5) Small businesses need help to remain competitive in the global economy, particularly during difficult economic times. (6) Economically disadvantaged-owned businesses receive less than 7 percent of venture capital. (7) Seventy percent of small businesses survive at least 2 years, but less than half survive 5 years. (8) The Small Business Administration was established in 1953 by the Federal Government to aid, counsel, assist, and protect the interests of small business concerns, to preserve free competitive enterprise, and to maintain and strengthen the overall economy of the United States. (9) The Small Business Administration assists firms owned and controlled by economically disadvantaged individuals to enter the economic mainstream by providing firm-specific analysis, counseling, management training, professional consulting and monitoring services, and access to business development opportunities under section 8(a) of the Small Business Act. (10) Although the program under section 8(a) is well intended, the problems of the program are well known. (11) The program under section 8(a) has a record of graduating companies that are not sufficiently prepared to compete for contracts with large and established companies in the private sector, resulting in a large number of former participants in the program failing to remain in business shortly after leaving the program. (12) The problem of graduating companies from the program under section 8(a) that are not sufficiently prepared to compete for contracts with large and established companies in the private sector is caused by the reliance of the Small Business Administration on outdated measures of adjusted gross income and net worth in determining whether a company participating in the program continues to be economically disadvantaged. (13) Reliance by the Small Business Administration on measures that do not reflect contemporary conditions has had, and will continue to have, the unintended consequence of keeping small businesses too small to succeed, which is as undesirable as protecting companies that are too big to fail. SEC. 3. IMPROVEMENT OF PROGRAM UNDER SECTION 8(A) OF THE SMALL BUSINESS ACT. (a) Period of Eligibility.-- (1) Extension.--Section 7(j)(15) of the Small Business Act (15 U.S.C. 636(j)(15)) is amended-- (A) in the matter preceding subparagraph (A) by striking ``nine years'' and inserting ``11 years''; and (B) in subparagraph (B) by striking ``five years'' and inserting ``7 years''. (2) Completed periods.--A small business concern that completed a 9-year period of participation in the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) prior to the date of enactment of this Act and that is otherwise eligible to participate in such program except for having completed such 9-year period, and current net worth exceeds $750,000 but still less than $2,250,000, may participate in such program during the 2-year period beginning on the date of enactment of this Act. (b) Net Worth and Income Limitations.-- (1) Increase.--Section 8(a)(6)(A) of the Small Business Act (15 U.S.C. 637(a)(6)(A)) is amended by inserting after ``disadvantaged individual.'' the following: ``For purposes of eligibility for admission as a Program Participant the net worth of such individual may be any amount not exceeding $750,000 and for purposes of continued eligibility after admission the net worth of such individual may be any amount not exceeding $2,250,000. For purposes of eligibility for admission as a Program Participant and continued eligibility after admission, the modified adjusted gross income (as such term is defined in section 25A(d)(3) of the Internal Revenue Code of 1986) of such individual for an applicable taxable year may be any amount not exceeding $500,000.''. (2) Completed periods of participation.--If the Administrator of the Small Business Administration graduated a small business concern from the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) prior to the date of enactment of this Act as a result of a determination that such concern did not meet standards relating to economic disadvantage and such concern meets requirements under such section as amended by this Act, such concern may participate in such program for a period-- (A) of 11 years less the period of time such concern previously participated in such program; and (B) beginning on the date of enactment of this Act.

Small Business Reform Act of 2010 or Not Too Small to Succeed in Business Act of 2010 - Amends the Small Business Act to extend from: (1) 9 to 11 years the period that a small business may receive developmental assistance under the Minority Small Business and Capital Ownership Development Program (Program); and (2) five to seven years the period that such a small business may spend in the Program's transitional stage. Allows small businesses that previously completed the 9-year period, above, and whose current net worth exceeds $750,000 but is less than $2.25 million to participate for an additional two years. Sets net worth limits for individual Program participants at: (1) $750,000, for Program admission; (2) $2.25 million, for continued Program participation after admission; and (3) $500,000 adjusted gross income, for Program admission and continued eligibility. Provides that, if the Administrator of the Small Business Administration (SBA) graduated a small business from the Program prior to the date of enactment of this Act on the basis that the small business did not meet standards relating to economic disadvantage and the small business now meets such standards, the small business may participate in the Program for 11 years less any period of previous participation.

To amend the Small Business Act to improve the program under section 8(a), and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Purchased Health Care Streamlining and Modernization Act''. SEC. 2. AGREEMENTS. (a) In General.--Subchapter I of chapter 17 of title 38, United States Code, is amended by inserting after section 1703 the following new section: ``Sec. 1703A. Veterans Care Agreements with certain health care providers ``(a) Veterans Care Agreements.--(1) In addition to furnishing hospital care, medical services, or extended care under this chapter at facilities of the Department or under contracts or sharing agreements entered into pursuant to provisions of law other than this section, the Secretary may furnish such care and services to eligible veterans through the use of agreements entered into under this section by the Secretary with eligible providers. ``(2) The Secretary may enter into Veterans Care Agreements under this section with eligible providers to furnish hospital care, medical services, and extended care to veterans whom the Secretary determines that furnishing such care and services at facilities of the Department or under contracts or sharing agreements under provisions of law other than this section is impracticable or inadvisable because of the medical condition of the veteran, the travel involved, or the nature of the care or services required, or a combination of such factors. ``(b) Veteran Eligibility.--Eligibility of a veteran for care and services under this section 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 and services in a facility of the Department shall apply to veterans receiving care and services under this section. ``(c) Provider Eligibility.--Subject to the certification process pursuant to subsection (d)(1), a provider of hospital care, medical services, or extended care is eligible to enter into a Veterans Care Agreement under this section if the Secretary determines that the provider meets each of the following criteria: ``(1) The gross annual revenue of the provider in the year preceding the year in which the provider enters into the Veterans Care Agreement does not exceed $11,000,000 (as adjusted in a manner similar to amounts adjusted pursuant to section 5312 of this title). ``(2) The provider does not otherwise provide such care or services to patients pursuant to a contract entered into with a department or agency of the Federal Government. ``(3) The provider is-- ``(A) 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)); ``(B) 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)); ``(C) 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; ``(D) 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 ``(E) a center for independent living (as defined in section 702 of the Rehabilitation Act of 1973 (29 U.S.C. 796a)). ``(4) Any additional criteria determined appropriate by the Secretary. ``(d) Provider Certification.--(1) The Secretary shall establish a process for the certification of eligible providers to enter into Veterans Care Agreements under this section that shall, at a minimum, set forth the following: ``(A) Procedures for the submission of applications for certification and deadlines for actions taken by the Secretary with respect to such applications. ``(B) Standards and procedures for the approval and denial of certifications and the revocation of certifications. ``(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. 1395(j)(2)(B)) and the standards set forth under section 9.104 of title 48, Code of Federal Regulations, or any successor regulation. ``(D) Requirement for denial or revocation of certification if the Secretary determines that the otherwise 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. ``(E) Procedures by which a provider whose certification is denied or revoked under the procedures established under this subsection will be identified as an excluded source on the list maintained in the System for Award Management, or successor system, if the Secretary determines that such exclusion is appropriate. ``(2) To the extent practicable, the Secretary shall establish the procedures under paragraph (1) in a manner that takes into account any certification process administered by another department or agency of the Federal Government that an eligible provider has completed by reason of being a provider described in any of subparagraphs (A) through (E) of subsection (c)(3). ``(e) Terms of Agreements.--The Secretary shall ensure that each Veterans Care Agreement 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-- ``(A) the rates paid by the United States for such care 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.); ``(B) the rates paid by the United States pursuant to the Alaska Fee Schedule of the Department of Veterans Affairs; ``(C) the rates paid by the United States pursuant to an All-Payer Model Agreement under the Social Security Act; or ``(D) the rates paid by the United States in a highly rural area pursuant to section 101(d)(2)(B)(ii)(I) of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note). ``(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. ``(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 and 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 and services under this section to the Department in a timeframe and format specified by the Secretary for purposes of this section, except the Secretary may not require that any payment by the Secretary to the eligible provider be contingent on such provision of medical records. ``(7) To meet other such terms and conditions, including quality of care assurance standards, as the Secretary may specify for purposes of this section. ``(f) Exclusion of Certain Federal Contracting Provisions.--(1) Notwithstanding any other provision of law, the Secretary may enter into a Veterans Care Agreement using procedures other than competitive procedures. ``(2)(A) Except as provided in subparagraph (B) and unless otherwise provided in this section, an eligible provider that enters into a Veterans Care Agreement under this section is not subject to, in the carrying out of the agreement, any provision of law that providers of services and suppliers under the original Medicare fee-for-service program under parts A and B of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.) are not subject to. ``(B) In addition to the provisions of laws covered by subparagraph (A), an eligible provider shall be subject to the following provisions of law: ``(i) Any applicable law regarding integrity, ethics, or fraud, or that subject a person to civil or criminal penalties. ``(ii) Section 431 of title 18. ``(iii) Section 1352 of title 31, except for the filing requirements under subsection (b) of such section. ``(iv) Section 4705 or 4712 of title 41, and any other applicable law regarding the protection of whistleblowers. ``(v) Section 4706(d) of title 41. ``(vi) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) to the same extent as such title applies with respect to the eligible provider in providing care or services through an agreement or arrangement other than under a Veterans Care Agreement. ``(C) An eligible provider that receives a payment from the Federal Government pursuant to a Veterans Care Agreement shall not be treated as a Federal contractor or subcontractor by the Office of Federal Contract Compliance Programs of the Department of Labor based on the work performed or actions taken by such eligible provider that resulted in the receipt of such payments. ``(g) Termination of Veterans Care Agreement.--(1) An eligible provider may terminate a Veterans Care 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 a Veterans Care 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 the purposes of this section, if the Secretary-- ``(A) determines that the eligible provider failed to comply with the provisions of the agreement or this section or other applicable provision of law; ``(B) makes a revocation pursuant to subsection (d)(1)(4); ``(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 of the Department; or ``(D) determines that it is reasonable to terminate the agreement based on the health care needs of veterans. ``(h) Duration; Mandatory Reviews.--(1) Each Veterans Care Agreement entered into under this section shall be for a two-year period unless the Secretary extends the agreement pursuant to paragraph (2)(B). ``(2)(A) During the 180-day period beginning 540 days after the date on which a Veterans Care Agreement is entered into or renewed, the Secretary shall review the agreement to determine whether it is feasible and advisable to instead furnish the hospital care, medical services, or extended care furnished under the agreement at facilities of the Department or through contracts or sharing agreements entered into under authorities other than this section. ``(B) If the Secretary determines under subparagraph (A) that it is not feasible and advisable to instead furnish hospital care, medical services, or extended care furnished under a Veterans Care Agreement at facilities of the Department or through contracts or sharing agreements entered into under authorities other than this section, the Secretary-- ``(i) shall prepare a written memorandum of such determination; and ``(ii) may renew such agreement. ``(i) Disputes.--(1) The Secretary shall establish administrative procedures for eligible providers with which the Secretary has entered into a Veterans Care Agreement 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 a Veterans Care Agreement under this section, an eligible provider must first exhaust the administrative procedures established by the Secretary under paragraph (1). ``(j) Annual Reports.--Not later than October 1 of the year following the fiscal year in which the Secretary first enters into a Veterans Care Agreement, and each year thereafter, the Secretary shall submit to the appropriate congressional committees an annual report that includes-- ``(1) a list of all Veterans Care Agreements entered into as of the date of the report; and ``(2) summaries of each determination made by the Secretary under subsection (h)(2) during the fiscal year covered by the report. ``(k) Quality of Care.--In carrying out this section, the Secretary shall use the quality of care standards set forth or used by the Centers for Medicare & Medicaid Services. ``(l) Delegation.--The Secretary may delegate the authority to enter into or terminate a Veterans Care Agreement, or to make a determination described in subsection (h)(2), at a level not below the Assistant Deputy Under Secretary for Health for Community Care. ``(m) Sunset.--The Secretary may not enter into or renew a Veterans Care Agreement under this section after the date that is five years after the enactment of this Act. ``(n) Definitions.--In this section: ``(1) The term `appropriate congressional committees' means-- ``(A) the Committees on Veterans' Affairs of the House of Representatives and the Senate; and ``(B) the Committees on Appropriations of the House of Representatives and the Senate. ``(2) The term `eligible provider' means a provider of hospital care, medical services, or extended care that the Secretary determines is eligible to enter into Veterans Care Agreements under subsection (c). ``(3) The term `Veterans Care Agreement' means an agreement entered into by the Secretary with an eligible provider under subsection (a)(1).''. (b) 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.''. (c) Regulations.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe interim final regulations to implement section 1703A of title 38, United States Code, as added by subsection (a), and publish such regulations in the Federal Register.

Department of Veterans Affairs Purchased Health Care Streamlining and Modernization Act This bill authorizes the Department of Veterans Affairs (VA), in addition to furnishing hospital care, medical services, or extended care at VA facilities or under contracts or sharing agreements, to furnish such care and services to eligible veterans through the use of Veterans Care Agreements with eligible providers. An eligible provider is: a provider whose income in the year preceding the year of entering into an agreement did not exceed $11 million; a provider who does not otherwise provide such care or services pursuant to a federal contract; and a physician or provider of Medicaid or Medicare services, an Aging and Disability Resource Center, an area agency on aging, or a center for independent living. The VA shall: (1) establish a certifying process for providers, (2) review agreements at least once every two years, and (3) use the quality of care standards set forth or used by the Centers for Medicare & Medicaid Services. The VA may enter into an agreement using non-competitive procedures.

Department of Veterans Affairs Purchased Health Care Streamlining and Modernization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy and Water Integration Act of 2009''. SEC. 2. ENERGY WATER NEXUS STUDY. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Energy (referred to in this Act as the ``Secretary''), in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall enter into an arrangement with the National Academy of Sciences under which the Academy shall conduct an in-depth analysis of the impact of energy development and production on the water resources of the United States. (b) Scope of Study.-- (1) In general.--The study described in subsection (a) shall be comprised of each assessment described in paragraphs (2) through (4). (2) Transportation sector assessment.-- (A) In general.--The study shall include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of transportation fuels, or electricity, to evaluate the ratio that-- (i) the quantity of water withdrawn and consumed in the production of transportation fuels (measured in gallons), or electricity (measured in kilowatts); bears to (ii) the total distance (measured in miles) that may be traveled as a result of the consumption of transportation fuels, or electricity. (B) Scope of assessment.-- (i) In general.--The assessment shall include, as applicable-- (I) the exploration for, and extraction or growing of, energy feedstock; (II) the processing of energy feedstock into transportation fuel; (III) the generation, transportation, and storage of electricity for transportation; and (IV) the conduct of an analysis of the efficiency with which the transportation fuel is consumed. (ii) Fuels.--The assessment shall contain an analysis of transportation fuel sources, including-- (I) domestically produced crude oil (including products derived from domestically produced crude oil); (II) imported crude oil (including products derived from imported crude oil); (III) domestically produced natural gas (including liquid fuels derived from natural gas); (IV) imported natural gas (including liquid fuels derived from natural gas); (V) oil shale; (VI) tar sands; (VII) domestically produced corn- based ethanol; (VIII) imported corn-based ethanol; (IX) advanced biofuels (including cellulosic- and algae-based biofuels); (X) coal to liquids (including aviation fuel, diesel, and gasoline products); (XI) electricity consumed in-- (aa) fully electric drive vehicles; and (bb) plug-in hybrid vehicles; (XII) hydrogen; and (XIII) any reasonably foreseeable combination of any transportation fuel source described in subclauses (I) through (XII). (3) Electricity sector assessment.-- (A) In general.--The study shall include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of electricity to evaluate the ratio that-- (i) the quantity of water used and consumed in the production of electricity (measured in gallons); bears to (ii) the quantity of electricity that is produced (measured in kilowatt-hours). (B) Scope of assessment.--The assessment shall include, as applicable-- (i) the exploration for, or extraction or growing of, energy feedstock; (ii) the processing of energy feedstock for electricity production; and (iii) the production of electricity. (C) Generation types.--The assessment shall contain an evaluation and analysis of electricity generation facilities that are constructed in accordance with different plant designs (including different cooling technologies such as water, air, and hybrid systems, and technologies designed to minimize carbon dioxide releases) based on the fuel used by the facility, including-- (i) coal; (ii) natural gas; (iii) oil; (iv) nuclear energy; (v) solar energy; (vi) wind energy; (vii) geothermal energy; (viii) biomass; (ix) the beneficial use of waste heat; and (x) any reasonably foreseeable combination of any fuel described in clauses (i) through (ix). (4) Assessment of additional impacts.--In addition to the impacts associated with the direct use and consumption of water resources in the transportation and electricity sectors described in paragraphs (2) and (3), the study shall contain an identification and analysis of any unique water impact associated with a specific fuel source, including an impact resulting from-- (A) any extraction or mining practice; (B) the transportation of feedstocks from the point of extraction to the point of processing; (C) the transportation of fuel and power from the point of processing to the point of consumption; and (D) the location of a specific fuel source that is limited to 1 or more specific geographical regions. (c) Report to Secretary.--Not later than 18 months after the date of enactment of this Act, the National Academy of Sciences shall submit to the Secretary a report that contains a summary of the results of the study conducted under this section. (d) Availability of Results of Study.--On the date on which the National Academy of Sciences completes the study under this section, the National Academy of Sciences shall make available to the public the results of the study. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. SEC. 3. POWER PLANT WATER AND ENERGY EFFICIENCY. (a) In General.--To protect water supplies and promote the efficient use of water in the electricity production sector, the Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall conduct a study to identify the best available technologies and related strategies to maximize water and energy efficiency in the production of electricity by each type of generation. (b) Generation Types.--The study shall include an evaluation of different types of generation facilities, including-- (1) coal facilities, under which the evaluation shall account for-- (A) different types of coal and associated generating technologies; and (B) the use of technologies designed to minimize and sequester carbon dioxide releases; (2) oil and natural gas facilities, under which the evaluation shall account for the use of technologies designed to minimize and sequester carbon dioxide releases; (3) hydropower, including turbine upgrades, incremental hydropower, in-stream hydropower, and pump-storage projects; (4) thermal solar facilities; and (5) nuclear facilities. (c) Report to Congress.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of the results of the study conducted under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section, to remain available until expended. SEC. 4. WATER CONSERVATION AND ENERGY SAVINGS STUDY. (a) Definitions.--In this section: (1) Major reclamation project.--The term ``major Reclamation project'' means a multipurpose project authorized by the Federal Government and carried out by the Bureau of Reclamation. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (b) Study.-- (1) In general.--In accordance with paragraph (2), to promote the efficient use of energy in water distribution systems, the Secretary shall conduct a study to evaluate the quantities of energy used in water storage and delivery operations in major Reclamation projects. (2) Elements.--In conducting the study, the Secretary shall-- (A) with respect to each major Reclamation project-- (i) assess and estimate the annual energy consumption associated with the major Reclamation project; and (ii) identify-- (I) each major Reclamation project that consumes the greatest quantity of energy; and (II) the aspect of the operation of each major Reclamation project described in subclause (I) that is the most energy intensive (including water storage and releases, water delivery, and administrative operations); and (B) identify opportunities to significantly reduce current energy consumption and costs with respect to each major Reclamation project described in subparagraph (A), including, as applicable, through-- (i) reduced groundwater pumping; (ii) improved reservoir operations; (iii) infrastructure rehabilitation; (iv) water reuse; and (v) the integration of renewable energy generation with project operations. (c) Report to Congress.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that contains a description of the results of the study conducted under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section, to remain available until expended. SEC. 5. BRACKISH GROUNDWATER NATIONAL DESALINATION RESEARCH FACILITY. (a) Definitions.--In this section: (1) Facility.--The term ``facility'' means the Brackish Groundwater National Desalination Research Facility, located in Otero County, New Mexico. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Duty of Secretary.--The Secretary shall operate, manage, and maintain the facility to carry out research, development, and demonstration activities to develop technologies and methods that promote brackish groundwater desalination as a viable method to increase water supply in a cost-effective manner. (c) Objectives; Activities.-- (1) Objectives.--The Secretary shall operate and manage the facility as a state-of-the-art desalination research center-- (A) to develop new water and energy technologies with widespread applicability; and (B) to create new supplies of usable water for municipal, agricultural, industrial, or environmental purposes. (2) Activities.--In operating, managing, and maintaining the facility under subsection (b), the Secretary shall carry out-- (A) as a priority, the development of renewable energy technologies for integration with desalination technologies-- (i) to reduce the capital and operational costs of desalination; (ii) to minimize the environmental impacts of desalination; and (iii) to increase public acceptance of desalination as a viable water supply process; (B) research regarding various desalination processes, including improvements in reverse and forward osmosis technologies; (C) the development of innovative methods and technologies to reduce the volume and cost of desalination concentrated wastes in an environmentally sound manner; (D) an outreach program to create partnerships with States, academic institutions, private entities, and other appropriate organizations to conduct research, development, and demonstration activities, including the establishment of rental and other charges to provide revenue to help offset the costs of operating and maintaining the facility; and (E) an outreach program to educate the public on-- (i) desalination and renewable energy technologies; and (ii) the benefits of using water in an efficient manner. (d) Authority of Secretary.--The Secretary may enter into contracts or other agreements with, or make grants to, appropriate entities to carry out this section, including an agreement with an academic institution to manage research activities at the facility. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended. SEC. 6. ENHANCED INFORMATION ON WATER-RELATED ENERGY CONSUMPTION. Section 205 of the Department of Energy Organization Act (42 U.S.C. 7135) is amended by adding at the end the following: ``(n) Water-Related Energy Consumption.-- ``(1) In general.--Not less than once during each 3-year period, to aid in the understanding and reduction of the quantity of energy consumed in association with the use of water, the Administrator shall conduct an assessment under which the Administrator shall collect information on energy consumption in various sectors of the economy that are associated with the acquisition, treatment, or delivery of water. ``(2) Required sectors.--An assessment described in paragraph (1) shall contain an analysis of water-related energy consumption for all relevant sectors of the economy, including water used for-- ``(A) agricultural purposes; ``(B) municipal purposes; ``(C) industrial purposes; and ``(D) domestic purposes. ``(3) Effect.--Nothing in this subsection affects the authority of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 (15 U.S.C. 790a).''. SEC. 7. ENERGY-WATER RESEARCH AND DEVELOPMENT ROADMAP. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary shall develop a document to be known as the ``Energy-Water Research and Development Roadmap'' to define the future research, development, demonstration, and commercialization efforts that are required to address emerging water-related challenges to future, cost-effective, reliable, and sustainable energy generation and production. (b) Report.--Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report describing the document described in subsection (a), including recommendations for any future action with respect to the document.

Energy and Water Integration Act of 2009 - Directs the Secretary of Energy (the Secretary) to enter into an arrangement with the National Academy of Sciences to conduct an in-depth analysis of the impact of energy development and production on U.S. water resources. Requires the study to include a lifecycle assessment of the quantity of water withdrawn and consumed in the production of transportation fuels or electricity. Requires the Secretary to conduct a study to identify the best available technologies and related strategies to maximize water and energy efficiency in the production of electricity by each type of generation (coal, oil and natural gas, hydropower, thermal solar, and nuclear). Directs the Secretary of the Interior: (1) acting through the Commissioner of Reclamation, to conduct a study to evaluate the quantities of energy used in water storage and delivery operations in major reclamation projects; and (2) to operate, manage, and maintain the Brackish Groundwater National Desalination Research Facility in Otero County, New Mexico, to carry out research, development, and demonstration activities to develop technologies and methods that promote brackish groundwater desalination as a viable method to increase water supply in a cost-effective manner. Amends the Department of Energy Organization Act to require the Administrator of the Energy Information Administration to conduct an assessment of energy consumption in various sectors of the economy that are associated with the acquisition, treatment, or delivery of water. Requires the Secretary to develop an Energy-Water Research and Development Roadmap.

A bill to provide for the conduct of an in-depth analysis of the impact of energy development and production on the water resources of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advanced Nuclear Fuel Availability Act''. SEC. 2. PROGRAM. (a) Establishment.--The Secretary shall establish and carry out, through the Office of Nuclear Energy, a program to support the availability of HA-LEU for domestic commercial use. (b) Program Elements.--In carrying out the program under subsection (a), the Secretary-- (1) may provide financial assistance to assist commercial entities to design and license transportation packages for HA- LEU, including canisters for metal, gas, and other HA-LEU compositions; (2) shall, to the extent practicable-- (A) by January 1, 2021, have commercial entities submit such transportation package designs to the Commission for certification by the Commission under part 71 of title 10, Code of Federal Regulations; and (B) encourage the Commission to have such transportation package designs so certified by the Commission by January 1, 2023; (3) not later than January 1, 2020, shall submit to Congress a report on the Department's uranium inventory that may be available to be processed to HA-LEU for purposes of such program, which may not include any uranium allocated by the Secretary for use in support of the atomic energy defense activities of the National Nuclear Security Administration; (4) not later than 1 year after the date of enactment of this Act, and biennially thereafter through September 30, 2025, shall conduct a survey of stakeholders to estimate the quantity of HA-LEU necessary for domestic commercial use for each of the 5 subsequent years; (5) shall assess options available for the Secretary to acquire HA-LEU for such program, including an assessment, for each such option, of the cost and amount of time required; (6) shall establish a consortium, which may include entities involved in any stage of the nuclear fuel cycle, to partner with the Department to support the availability of HA- LEU for domestic commercial use, including by-- (A) providing information to the Secretary for purposes of surveys conducted under paragraph (4); and (B) purchasing HA-LEU made available to members of the consortium by the Secretary under the program; (7) shall, prior to acquiring HA-LEU under paragraph (8), in coordination with the consortium established pursuant to paragraph (6), develop a schedule for cost recovery of HA-LEU made available to members of the consortium pursuant to paragraph (8); (8) may, beginning not later than 3 years after the establishment of a consortium under paragraph (6), acquire HA- LEU, in order, to the extent practicable, to make such HA-LEU available to members of the consortium beginning not later than January 1, 2025, in amounts that are consistent, to the extent practicable, with the quantities estimated under the surveys conducted under paragraph (4); and (9) shall develop, in consultation with the Commission, criticality benchmark data to assist the Commission in-- (A) the licensing and regulation of category II spent nuclear material fuel fabrication and enrichment facilities under part 70 of title 10, Code of Federal Regulations; and (B) certification of transportation packages under part 71 of title 10, Code of Federal Regulations. (c) Applicability of USEC Privatization Act.--The requirements of subparagraphs (A) and (C) of section 3112(d)(2) of the USEC Privatization Act (42 U.S.C. 2297h-10(d)(2)) shall apply to a sale or transfer of HA-LEU by the Secretary to a member of the consortium under this section. (d) Funding.-- (1) Transportation package design.-- (A) Cost share.--The Secretary shall ensure that not less than 20 percent of the costs of design and license activities carried out pursuant to subsection (b)(1) are paid by a non-Federal entity. (B) Authorization of appropriations.--There are authorized to be appropriated to carry out subsection (b)(1)-- (i) $1,500,000 for fiscal year 2019; (ii) $1,500,000 for fiscal year 2020; and (iii) $1,500,000 for fiscal year 2021. (2) DOE acquisition of ha-leu.--The Secretary may not make commitments under this section (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HA-LEU unless funds are specifically provided for such purposes in advance in subsequent appropriations Acts, and only to the extent that the full extent of anticipated costs stemming from such commitments is recorded as an obligation up front and in full at the time it is made. (3) Other costs.--Except as otherwise provided in this subsection, in carrying out this section, the Secretary shall use amounts otherwise authorized to be appropriated to the Secretary. (e) Sunset.--The authority of the Secretary to carry out the program under this section shall expire on September 30, 2033. SEC. 3. REPORT TO CONGRESS. Not later than 12 months after the date of enactment of this Act, the Commission shall submit to Congress a report that includes-- (1) identification of updates to regulations, certifications, and other regulatory policies that the Commission determines are necessary in order for HA-LEU to be commercially available, including-- (A) guidance for material control and accountability of category II special nuclear material; (B) certifications relating to transportation packaging for HA-LEU; and (C) licensing of enrichment, conversion, and fuel fabrication facilities for HA-LEU, and associated physical security plans for such facilities; (2) a description of such updates; and (3) a timeline to complete such updates. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Nuclear Regulatory Commission. (2) Department.--The term ``Department'' means Department of Energy. (3) HA-LEU.--The term ``HA-LEU'' means high-assay low- enriched uranium. (4) High-assay low-enriched uranium.--The term ``high-assay low-enriched uranium'' means uranium having an assay greater than 5.0 percent and less than 20.0 percent enrichment of the uranium-235 isotope. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. Passed the House of Representatives December 11, 2018. Attest: KAREN L. HAAS, Clerk.

Advanced Nuclear Fuel Availability Act This bill directs the Department of Energy to develop and deploy high-assay low-enriched uranium for domestic commercial use and to develop a schedule for recovering costs associated with such development.

Advanced Nuclear Fuel Availability Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secondary Payer Advancement, Rationalization, and Clarification Act'' or the ``SPARC Act''. SEC. 2. CLARIFICATION AND RATIONALIZATION OF MEDICARE PRESCRIPTION DRUG SECONDARY CLAIMS RESPONSIBILITY. (a) In General.--Section 1860D-2(a)(4) of the Social Security Act (42 U.S.C. 1395w-102(a)(4)) is amended to read as follows: ``(4) Secondary payor and recovery rights.-- ``(A) In general.-- ``(i) Application of secondary payor.--A prescription drug plan shall be secondary payor to any valid and collectible payment from a primary drug plan (as defined in clause (iv)) until such time as such primary drug plan pays a final settlement, judgment, or award to an individual enrolled under the prescription drug plan with regard to an injury or illness involved or otherwise terminates its ongoing responsibility for medical payments with respect to the individual. ``(ii) Limitation on parties making prescription drug plans primary.--A primary drug plan (as defined in clause (iv), other than a group health plan or multiemployer or multiple employer plan of, or contributed to by, an employer that has 20 or fewer employees for each working day in each of 20 or more calendar weeks in the calendar year involved or the preceding calendar year), a self-insured plan, a service benefit plan, a managed care organization, a pharmacy benefit manager, or other party that, by statute, contract, or agreement, is legally responsible for payment of a claim for a covered outpatient drug, in enrolling an individual or in making any payments for benefits to the individual or on the individual's behalf, may not take into account that the individual is enrolled under a prescription drug plan under this part or is eligible for or is provided coverage for covered part D drugs under this part. ``(iii) Limitation on secretarial claims through subrogation.--The Secretary shall not assert any claim on behalf or against a prescription drug plan, other than through the recovery from such a plan of amounts paid related to a covered part D drug event that has been repaid to the plan through a subrogation action or otherwise. ``(iv) Primary drug plan defined.--In this paragraph, the term `primary drug plan' means, with respect to benefits for covered part D drugs, a group health plan or large group health plan (other than a group health plan or multiemployer or multiple employer plan of, or contributed to by, an employer that has 20 or fewer employees for each working day in each of 20 or more calendar weeks in the calendar year involved or the preceding calendar year), a workers' compensation law or plan, an automobile or liability insurance policy or plan (including a self-insured plan) or no- fault insurance insofar as such a plan, law, policy, or insurance provides such benefits, insofar as, under the provisions of section 1862(b)(2), such coverage would be treated as a primary plan if benefits for covered part D drugs were treated as benefits under parts A and B. For purposes of this clause, an entity that engages in a business, trade, or profession shall be deemed to have a self- insured plan if it carries its own risk (whether by a failure to obtain insurance, or otherwise) in whole or in part. ``(B) Waiver.--A prescription drug plan may waive (in whole or in part) the provisions of this paragraph in the case of an individual claim if the plan determines that the waiver is in the best interests of the program established under this part. ``(C) Recovery.--A prescription drug plan shall be subrogated (to the extent of payment made under this part by the plan for any covered part D drug before the date the plan received notice pursuant to subparagraph (D)) to any right of an individual or any other entity to payment, with respect to such covered part D drug, under a primary drug plan. A subrogation claim may not be asserted pursuant to this subparagraph by a prescription drug plan with respect to a payment for a covered part D drug after the date that is 3 years after the date such plan receives notice of a payment, with respect to such covered part D drug, pursuant to subparagraph (D). Any such subrogation claim shall be the exclusive legal remedy of the PDP sponsor of the plan and shall be reduced to take into account the cost of procuring the judgment or settlement with respect to such claim if an individual's liability, workers' compensation, or no-fault claim is disputed. Any costs or expense incurred by a prescription drug plan related to recoveries pursuant to this subparagraph shall not be considered an administrative cost or expense, as those terms are used in this part. ``(D) Coordination of benefits information.--Not later than 15 days after the date the Secretary receives information under paragraph (7) or (8) of section 1862(b) relating to an individual enrolled in a prescription drug plan during an applicable time, the Secretary shall provide such information to such prescription drug plan in a format convenient and accessible to such plans. The Secretary shall waive any requirements under this part that a prescription drug plan establish procedures for determining whether costs for part D eligible individuals are being reimbursed through insurance or otherwise or identify payers that are primary to the program under subparagraph (A)(ii) other than as required under this paragraph. ``(E) Coordination of benefits.--A prescription drug plan shall, in the case of receipt of a notice pursuant to subparagraph (D) related to an enrollee for whom a primary drug plan has reported on ongoing responsibility for medical costs pursuant to paragraph (7) or (8) of section 1862(b), authorize the provider of such covered part D drug to charge, in accordance with the charges allowed under the prescription drug plan, such primary drug plan for such covered part D drug related to or arising out of the treatment accident or injury subject to such notice (other than payments subject to a claim under subparagraph (B) or (F)) for the period in which the enrollee remains enrolled in such plan through the date upon which such primary drug plan has terminated such ongoing responsibility for medical payments. ``(F) Use of web site to determine final reimbursement amount.-- ``(i) Notification of plans.--Not later than 10 days after the date the Secretary receives a notice under section 1862(b)(2)(B)(vii)(I) relating to an individual during the period the individual is enrolled in a prescription drug plan, the Secretary shall provide such notice to the plan. ``(ii) Statement by plan.-- ``(I) In general.--Not later than 30 days after the date a plan receives a notice under clause (i), the plan may provide the Secretary with a statement of any covered part D drug for which the plan seeks reimbursement, including the amount of such reimbursement. ``(II) Failure to provide statement.--The prescription drug plan shall be deemed to have waived its rights under subparagraph (B)-- ``(aa) in the case that the prescription drug plan does not provide such statement by such date, with respect to any covered part D drug provided to such individual with respect to such notice; and ``(bb) in the case that the prescription drug plan provides such statement by such date, with respect to any covered part D drug provided to such individual which was not identified in the notice. ``(iii) Inclusion of information on web site.--The Secretary shall include any covered part D drug identified by a prescription drug plan pursuant to clause (ii) within the Secretary's statement of reimbursement amount on the Web site as described in section 1862(b)(2)(B)(vii). ``(iv) Collection.--The Secretary may collect (on behalf of a prescription drug plan) the reimbursement amount for covered part D drugs, as identified pursuant to clause (ii), from the individual involved or the primary drug plan pursuant to the procedures set forth under section 1862(b)(2)(B)(vii). Any such amounts collected by the Secretary for covered part D drugs directly paid by the plan shall be remitted directly by the Secretary to the appropriate prescription drug plan that enrolled the individual related to the notice during the applicable time period for which such individual was enrolled, and the Secretary shall retain such amounts as were paid to the plan in subsidy for such drugs.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to drugs dispensed in years beginning more than 6 months after the date of the enactment of this Act.

Secondary Payer Advancement, Rationalization, and Clarification Act or the SPARC Act This bill specifies recovery rules and timelines with respect to secondary claims responsibility under the Medicare prescription drug benefit. Current law specifies only that secondary payor provisions apply under the benefit in the same manner as they apply with respect to Medicare Advantage plans.

Secondary Payer Advancement, Rationalization, and Clarification Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy America Update Act''. SEC. 2. FHWA DOMESTIC CONTENT STANDARDS IMPROVEMENT. (a) CMAQ Loophole.--Section 313(b) of title 23, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); (2) in paragraph (2) by striking ``or''; and (3) by inserting after paragraph (2) the following: ``(3) that when procuring rolling stock under this chapter-- ``(A) the cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the rolling stock; and ``(B) final assembly of the rolling stock has occurred in the United States; or''. (b) Rule Reevaluation.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall review the regulations found in section 635.410 of title 23, Code of Federal Regulations, or any similar successor regulations, to determine whether manufactured products other than those containing steel and iron should be considered for the purposes of domestic content preferences. SEC. 3. COMPONENT REQUIREMENTS AND VERIFICATION. (a) Auditing and Certification Modernization.-- (1) Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall-- (A) initiate a rulemaking to develop audit procedures for the agency to review offeror and recipient compliance with domestic content provisions; and (B) issue guidance on best practices for pre-award and post-delivery audits by recipients under section 5323(m) of title 49, United States Code. (2) In developing the guidance required under paragraph (1)(B), the Secretary shall consider best practices for-- (A) proper and sufficient documentation requests from bidders by recipients under section 5323(m) of such title to support certification of compliance; (B) proper and sufficient documentation requests from bidders by recipients under section 5323(m) of such title to support pre-award and post-delivery audits; (C) determining the timing and requirements for post-delivery audit; and (D) verifying the origin of supplier components and subcomponents. (b) Component Guidance.--Not later than 6 months after the date of enactment of this Act, the Secretary shall initiate a rulemaking to further develop standards under section 5323(j) of title 49, United States Code, for measuring the percentage value of a component relative to the entire procurement. SEC. 4. RAIL BUY AMERICA MODERNIZATION. Section 24305(f) of title 49, United States Code, is amended by adding at the end the following: ``(5) Before seeking a waiver request under paragraph (4), Amtrak shall contract with the National Institute of Standards and Technology to conduct a supplier scouting process for domestic suppliers that can provide the compliant products for which a waiver will be sought. Upon conclusion of the supplier scouting process for a particular component, material, or subcomponent, Amtrak shall submit to the Secretary a scouting report along with the waiver request. The Secretary shall consider the results of the supplier scouting before making a decision on Amtrak's waiver. If the Secretary decides to grant the waiver, the Secretary shall publish in the Federal Register a summary of the Scouting report and the reasons for the Secretary's decision.''. SEC. 5. FAA BUY AMERICA MODERNIZATION. Section 50101 of title 49, United States Code, is amended by adding at the end the following: ``(d) Supplier Scouting.--Before issuing a waiver under subsection (b), the Secretary shall-- ``(1) consult with the National Institute of Standards and Technology; and ``(2) begin a supplier scouting process for domestic suppliers that can provide for those compliant products for which a waiver will be sought. ``(e) Publication Required.--Upon conclusion of the supplier scouting process required under subsection (d)(2) for a particular component, material, or subcomponent, the Secretary make the results of the supplier scouting available to the public.''. SEC. 6. APPLICATION OF BUY AMERICA REQUIREMENTS TO PROJECTS FINANCED WITH PASSENGER FACILITY CHARGES. (a) In General.--Section 50101(a) of title 49, United States Code, is amended by inserting ``, and may approve a project under section 40117,'' before ``only if steel''. (b) Applicability.--The amendment made by subsection (b) shall apply to an application submitted pursuant to section 40177(c) of title 49, United States Code, after the date of enactment of this Act.

Buy America Update Act This bill exempts from Buy America requirements the procurement of railroad rolling stock when: the cost of components and subcomponents produced in the United States is more than 60% of the cost of all components of the rolling stock; and final assembly of such rolling stock has occurred in the United States. The Department of Transportation (DOT) shall initiate a rulemaking to develop audit procedures for an agency to review rolling stock offeror and recipient compliance with domestic content requirements, and issue guidance on best practices for pre-award and post-delivery audits by recipients. Before seeking a Buy America waiver request, Amtrak shall contract with the National Institute of Standards and Technology (NIST) to conduct a supplier scouting process for domestic suppliers that can provide the compliant products for which a waiver will be sought. DOT must consider Amtrak's scouting report before deciding on the request. Before issuing the Federal Aviation Administration a waiver of Buy America requirements, DOT shall consult with the NIST and begin a supplier scouting process for domestic suppliers that can provide for compliant aviation products for which a waiver will be sought. DOT may approve an airport improvement project financed with passenger facility charges only if steel and manufactured goods used in the project are produced in the United States.

Buy America Update Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``New Aid for Trustworthy, Affordable Drugs Act (NAFTA Drugs Act)''. SEC. 2. HARMONIZATION OF DRUG LAWS REGARDING IMPORTATION INTO NAFTA COUNTRIES FROM OTHER NAFTA COUNTRIES. Section 803 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 383) is amended by adding at the end the following subsection: ``(d)(1) Consistent with the North American Free Trade Agreement approved by the Congress under section 101(a) of Public Law 103-182 (referred to in this subsection as `NAFTA'), the United States Trade Representative shall seek to enter into agreements with other NAFTA countries to harmonize regulatory requirements for drugs such that drugs approved for commercial distribution in any NAFTA country may be imported or exported from any NAFTA country into any NAFTA country. ``(2) The United States Trade Representative shall carry out this subsection in consultation with the Secretary and the Commissioner of Food and Drugs. ``(3) The United States Trade Representative may enter into a harmonization agreement under paragraph (1) only if such Representative determines as follows: ``(A) That the proposed agreement provides for regulatory standards for drugs that are consistent with the requirements of this Act. ``(B) That the proposed agreement provides for-- ``(i) the display of a seal on the labeling of the drugs involved, whose purpose is to indicate that the drugs meet the standards of the harmonization agreement and may be imported as provided in paragraph (1); ``(ii) uniform standards applicable to the display of such a seal in any NAFTA country; and ``(iii) approval of such a seal by the appropriate health authority in any NAFTA country before the display of the seal in that country, for the purpose of ensuring that the seal complies with the uniform standards described in clause (ii). ``(C) That the proposed agreement provides that a drug may not be imported into a NAFTA country from another NAFTA country unless the labeling of the drug bears a seal described in subparagraph (B). ``(D) That the proposed agreement provides for a system of unique tracking numbers to indicate-- ``(i) the manufacturer of the drug involved, the NAFTA country of origin, and the wholesale distributors of the drug; and ``(ii) in the case of a prescription drug, the pharmacy that dispenses the drug. ``(E) That the proposed agreement provides for-- ``(i) the placement of a seal described in subparagraph (B) on the labeling of a drug only by a pharmacy registered in accordance with this subparagraph; ``(ii) registration of pharmacies in each NAFTA country by the appropriate health authority in each such country for the purpose of authorizing such pharmacies to place a seal described in subparagraph (B) on the labeling of drugs; and ``(iii) uniform standards applicable to such registration. ``(F) That the proposed agreement-- ``(i) requires drug manufacturers to reimburse the Secretary of Health and Human Services for benefits derived by such manufacturers from research performed by the National Institutes of Health; and ``(ii) authorizes use of such reimbursement to pay the expenses incurred by the Food and Drug Administration in approving seals under subparagraph (B) and registering pharmacies under subparagraph (E). ``(G) That the proposed agreement prohibits any discrimination by any person in the manufacture, distribution, or sale of any drug that bears a seal described in subparagraph (B), on the basis of a prospective customer's citizenship or residency in a NAFTA country, or on the basis of a request for shipment of the drug to any NAFTA country. ``(4) The authority of the United States Trade Representative to enter a harmonization agreement under paragraph (1) terminates one year after the date of the enactment of New Aid for Trustworthy, Affordable Drugs Act (NAFTA Drugs Act). ``(5) For purposes of this subsection, the term `NAFTA country' means each of the United States, Canada, and the United Mexican States-- ``(A) for such time as NAFTA is in force with respect to such country; and ``(B) in the case of each of Canada and the United Mexican States, for such time as the United States applies NAFTA to such country.''.

New Aid for Trustworthy, Affordable Drugs Act (NAFTA Drugs Act) - Directs the United States Trade Representative (USTR) to enter into agreements with other North American Free Trade Agreement (NAFTA) countries (Canada and Mexico) to harmonize regulatory requirements such that drugs approved for commercial distribution in any NAFTA country may be imported or exported between NAFTA countries. Permits the USTR to enter into such an agreement only if the agreement provides for: (1) regulatory standards for drugs that are consistent with the requirements of this Act; (2) a seal, to be placed only by a registered pharmacy, certifying that a given drug meets the standards of the harmonization agreement and may be imported; (3) a unique system of tracking numbers identifying certain entities, including the drug manufacturer and the NAFTA county of origin; (4) the reimbursement by drug manufacturers of the Secretary of Health and Human Services for benefits derived from National Institutes of Health research. Sets a sunset of one year after the passage of this Act for the authority of the USTR to enter into harmonization agreements under this Act.

To provide for the importation of drugs into the United States from Canada and Mexico, and for other purposes.